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04-05-11 Searchable PacketTable of Contents Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Map.... ............................106 1 Agenda..... ..............................4 5 • March 15 City Council minutes 031511 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6 • Payroll for period ending March 4, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 21 7 • Payroll for period ending March 18, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 22 8 • Accounts Payable for period ending March 4, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 23 9 • Accounts Payable for period ending March 11, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10 - Accounts payable for period ending March 18, 2011 Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . 46 11 • City Project, Pavement Restoration, Project No. 2009 -08 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 A - Pavement Restoration Location List . . . . . . . . . . . . . . 55 12- Development Agreement, Mimi Tsui, 10292 Orange Avenue Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Map... .............................72 13- Development Agreement, Jerry Jin -Tzong Liu and Jennifer Fang Fang, 21835 Lomita Ave Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Map... .............................89 14 . Quitclaim Deed and Authorization for Underground Water Rights, Mimi Tsui, 10292 Orange Avenue Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Map... .............................95 15 • Quitclaim Deed and Authorization for Underground Water Rights, Hantyng Kenneth Hsieh and Jean Lai, 20557 Blossom Lane Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Map.... ............................101 16 • Quitclaim Deed and Authorization for Underground Water Rights, Paul A. Lassa and Palmyra S. Pawlik, 21700 Alcazar Ave Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Map.... ............................106 1 17 • Quitclaim Deed and Authorization for Underground Water Rights, Jerry Jin -Tzong Liu and Jennifer Fang Fang, 21835 Lomita Ave Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Map .... ............................112 18 • Grant of Easement for Roadway Purposes, Mimi Tsui, 10292 Orange Avenue Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Grant of Easement . . . . . . . . . . . . . . . . . . . . . . . . 114 Map.... ............................118 19 . Grant of Easement for Streetlight Purposes, Vincent C. Wong Senior and Vincent C. Wong Junior, 18996 Pendergast Avenue Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Grant of Easement . . . . . . . . . . . . . . . . . . . . . . . . 120 Map .... ............................124 2 0 . Grant of Easement for Roadway Purposes, Jerry Jin -Tzong Liu and Jennifer Fang Fang, 21835 Lomita Avenue Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Grant of Easement . . . . . . . . . . . . . . . . . . . . . . . . 126 Map.... ............................130 21 • Alcoholic Beverage License, Bonjour Sandwiches & Crepes, 20371 Stevens Creek Boulevard (near Torre) Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Application for Alcoholic Beverage License . . . . . . . . . . . . 132 22 . Community Development Block Grant (CDBG) funds, Human Service grants, and FY 2011 Annual Action Plan Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Attachment A . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Attachment B . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Attachment C . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 23 . Fiscal Year 2011/12 Fee Schedule Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Fee Schedule Table of Contents . . . . . . . . . . . . . . . . . 174 Fee Schedule A - General . . . . . . . . . . . . . . . . . . . . . 175 Fee Schedule B - Engineering . . . . . . . . . . . . . . . . . . . 178 Fee Schedule C - Planning . . . . . . . . . . . . . . . . . . . . 181 Fee Schedule D - Building . . . . . . . . . . . . . . . . . . . . . 184 Fee Schedule E - Recreation . . . . . . . . . . . . . . . . . . . 217 24 • Alternative Bridge Locations and Trail Alignments for Stevens Creek Corridor Project Phase II Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 A - Bridge Location Alternatives . . . . . . . . . . . . . . . . . . 230 B - Stocklmeir Task Force Meeting Notes . . . . . . . . . . . . . 231 25. Petition for reconsideration for a personal wireless service facility at 11371 Bubb Road (continued from March 15) P T- Mobile /Bubb Road Reconsideration Report. . . . . . . . . . . 235 A. City Council Resolution & Exhibit 1 . . . . . . . . . . . . . . . 242 B. Director's Minor Mod Approval dated 9/7/10 . . . . . . . . . . 249 C. Appeal by Shaul Berger dated 9/20/10 . . . . . . . . . . . . . 253 D. PC Staff Report dated 11/9/10 . . . . . . . . . . . . . . . . . 258 E. PC Meeting Minutes dated 11/9/10 . . . . . . . . . . . . . . . 263 F. PC Resolution No. 6616 . . . . . . . . . . . . . . . . . . . . 269 G. CC Staff Report dated 11/29/10 . . . . . . . . . . . . . . . . 272 H. CC Meeting Minutes dated 11/29/10 . . . . . . . . . . . . . . 275 I. Reconsideration Petition dated 12/9/10 . . . . . . . . . . . . . 277 J. Email from Shaul Berger to City staff dated 11/30/10. . . . . . 283 K. Email from Shaul Berger regarding radiation analysis dated 1/27/11 . . . . . . . . . . . . . . . . . . . . . . . . . . . 284 L. Response Letter from Hammett & Edison dated 1/31/11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288 M. Email from Hammett & Edison to Shaul Berger dated 2/11/11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289 N. Email from Shaul Berger to City staff dated 3/21/11. . . . . . 292 O. Plan Set . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293 2 6 • Department of Energy grant for an electric vehicle charging station at City Hall EV_Charging_Station_Staff Report . . . . . . . . . . . . . . . . 303 Attach ment_A Networked. Charging.Stations. . . . . . . . . . .310 Attachment B Network.Standard.Service . . . . . . . . . . . .314 Attach ment_C_Grant.Award . . . . . . . . . . . . . . . . . . . . 318 Attach ment_D_Reporting.Guide . . . . . . . . . . . . . . . . . . 326 Attach ment _E_REJ. Installation. Proposal . . . . . . . . . . . . . 335 Attach ment _F_Subscription.Agreement . . . . . . . . . . . . . . 336 2 7 2011 Cupertino Bicycle Transportation Plan Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353 A - Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 B - Bicycle Transportation Plan . . . . . . . . . . . . . . . . . . 356 29. Resignations of Fine Arts Commissioner Joelle Lieb, and Technology, Information, and Communications Commissioner William Allen Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423 3 CUPERTINO AGENDA CUPERTINO CITY COUNCIL — REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY — REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, April 5, 2011 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS — PRESENTATIONS 1. Subject Proclamation recognizing Michael Gottwald for supporting the youth in the community and for his fund - raising efforts for major charities Recommended Action Present proclamation Page No written materials in packet 2. Subject Council recognition of Cupertino's Green Leaders Recommended Action Recognize Green Citizen of the Year & Cupertino's Green Businesses, and announce Earth Day Festival Page No written materials in packet 3. Subject Award for the Outstanding Park & Recreation Project in California, 2010, from American Society of Civil Engineers for Stevens Creek Corridor Park Recommended Action Present award Page No written materials in packet 4. Subject Presentation from the Planning Commission Recommended Action Accept presentation. Page No written materials in packet POSTPONEMENTS WRITTEN COMMUNICATIONS n Tuesday, April 5, 2011 ORAL COMMUNICATIONS Cupertino City Council Cupertino Redevelopment Agency This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and /or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 5. Subject March 15 City Council minutes Recommended Action Approve minutes 031511 Page 12 6. Subject Payroll for period ending March 4, 2011 Recommended Action Adopt Resolution No. 11 -039 Draft Resolution Page 21 7. Subject Payroll for period ending March 18, 2011 Recommended Action Adopt Resolution No. 11 -040 Draft Resolution Page 2 2 8. Subject Accounts Payable for period ending March 4, 2011 Recommended Action Adopt Resolution No. 11 -041 Draft Resolution Page 2 3 9. Subject Accounts Payable for period ending March 11, 2011 Recommended Action Adopt Resolution No. 11 -042 Draft Resolution Page 2 9 10. Subject Accounts payable for period ending March 18, 2011 Recommended Action Adopt Resolution No. 11 -043 Draft Resolution Page 4 6 11. Subj ect City Project, Pavement Restoration, Project No. 2009 -08 Recommended Action Accept Project No. 2009 -08 Staff Re Dort A - Pavement Restoration Location List Page 54 5 Tuesday, April 5, 2011 Cupertino City Council Cupertino Redevelopment Agency 12. Subject Development Agreement, Mimi Tsui, 10292 Orange Avenue Recommended Action Adopt Resolution No. 11 -044 Description Through the development agreement with the City, the applicant for a building permit for a single - family residential development will be obligated to bond and construct city - specified roadside improvements along the street frontage of their building site Resolution Agreement Map Page 5 6 13. Subject Development Agreement, Jerry Jin -Tzong Liu and Jennifer Fang Fang, 21835 Lomita Ave Recommended Action Adopt Resolution No. 11 -045 Description Through the development agreement with the City, the applicant for a building permit for a single - family residential development will be obligated to bond and construct city - specified roadside improvements along the street frontage of their building site Resolution Agreement Map Page 7 3 14. Subject Quitclaim Deed and Authorization for Underground Water Rights, Mimi Tsui, 10292 Orange Avenue Recommended Action Adopt Resolution No. 11 -046 Description The property owner of this residential development agrees to grant to the City the right to extract water from the basin under the overlying property Resolution Quitclaim Deed Map Page 9 0 15. Subject Quitclaim Deed and Authorization for Underground Water Rights, Hantyng Kenneth Hsieh and Jean Lai, 20557 Blossom Lane Recommended Action Adopt Resolution No. 11 -047 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property Resolution Quitclaim Deed Map Page 9 6 0 Tuesday, April 5, 2011 Cupertino City Council Cupertino Redevelopment Agency 16. Subject Quitclaim Deed and Authorization for Underground Water Rights, Paul A. Lassa and Palmyra S. Pawlik, 21700 Alcazar Ave Recommended Action Adopt Resolution No. 11 -048 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property Resolution Quitclaim Deed Map Page 10 2 17. Subject Quitclaim Deed and Authorization for Underground Water Rights, Jerry Jin -Tzong Liu and Jennifer Fang Fang, 21835 Lomita Ave Recommended Action Adopt Resolution No. 11 -049 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property Resolution Quitclaim Deed Map Page 10 7 18. Subj ect Grant of Easement for Roadway Purposes, Mimi Tsui, 10292 Orange Avenue Recommended Action Adopt Resolution No. 11 -050 Description The property owner of this residential development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property Resolution Grant of Easement Map Page 113 19. Subject Grant of Easement for Streetlight Purposes, Vincent C. Wong Senior and Vincent C. Wong Junior, 18996 Pendergast Avenue Recommended Action Adopt Resolution No. 11 -051 Description The property owners of this residential development agree to grant to the City an easement for streetlight purposes, together with the right to construct, operate, repair and maintain streetlight improvements, over a portion of the property Resolution Grant of Easement Map Page 119 7 Tuesday, April 5, 2011 Cupertino City Council Cupertino Redevelopment Agency 20. Subject Grant of Easement for Roadway Purposes, Jerry Jin -Tzong Liu and Jennifer Fang Fang, 21835 Lomita Avenue Recommended Action Adopt Resolution No. 11 -052 Description The property owner of this residential development agree to grant to the City an easement for public roadway purposes, together with the right to construct, operate, repair and maintain public utilities and improvements, over a portion of the property Resolution Grant of Easement Map Page 125 21. Subject Alcoholic Beverage License, Bonjour Sandwiches & Crepes, 20371 Stevens Creek Boulevard (near Torre) Recommended Action Approve application for On -Sale Beer & Wine for Bona Fide Public Eating Place Staff Report Application for Alcoholic Beverage License Page 131 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 22. Subject Community Development Block Grant (CDBG) funds, Human Service grants, and FY 2011 Annual Action Plan Recommended Action Conduct public hearing and continue final approval of the funding allocations and FY 2011 Annual Action Plan to May 3 in order to complete the 30 -day review period Description This is the first of two required public hearings regarding use of 2011 -12 CDBG funds, Human Service grants, and the FY 2011 Annual Action Plan Staff Re ort Attachment A Attachment B Attachment C Page 133 Tuesday, April 5, 2011 UNFINISHED BUSINESS Cupertino City Council Cupertino Redevelopment Agency 11 -053, approving the 2011 -12 fee schedule. 24. Subject Alternative Bridge Locations and Trail Alignments for Stevens Creek Corridor Project Phase It Recommended Action Adopt the Base Alignment bridge location and a general trail alignment between the second row of orchard trees and the creek riparian zone for the Stevens Creek Corridor Park Phase II Staff Re ort A - Bridge Location Alternatives B - Stocklmeir Task Force Meetin4 Notes Page 2 2 7 NEW BUSINESS 25. Subject Petition for reconsideration for a personal wireless service facility at 11371 Bubb Road (continued from March 15) Recommended Action Conduct hearing and adopt Resolution No. 11 -054, denying the petition for reconsideration Description Application: DIR- 2010 -28 Reconsideration; Applicant: Dayna Aguirre (for T- Mobile); Petitioner: Shaul Berger; Location: 11371 Bubb Road, APN 356 -23 -047; Application Summary: Petition for reconsideration of the City Council's November 29, 2010 decision to deny an appeal of a Director's Approval for a personal wireless service facility with three panel antennas and four associated equipment boxes to be installed on an existing PG &E pole located in front of 11371 Bubb Road T- MobileBubb Road Reconsideration Report A. City Council Resolution & Exhibit 1 B. Director's Minor Mod Approval dated 9/7/10 C. Appeal by Shaul Berger dated 9/20/10 D. PC Staff Report dated 11/9/10 E. PC Meeting Minutes dated 11/9/10 F. PC Resolution No. 6616 G. CC Staff Report dated 11/29/10 H. CC Meeting Minutes dated 11/29/10 9 Tuesday, April 5, 2011 Page 2 3 5 Cupertino City Council Cupertino Redevelopment Agency 26. Subject Department of Energy grant for an electric vehicle charging station at City Hall Recommended Action Accept Department of Energy grant and authorize the City Manager to negotiate and execute the necessary agreements with Coulomb Technologies, Inc., and REJ Electric Company in substantially the same form as attached EV Charging Station Staff Report Attachment A Networked.Chargimg.Stations Attachment_ B_ Network. Standard. Service Attachment_C_Grant.Award Attachment _D Reporting. Guide Attachment _E_REJ. Install ati on. Proyosal Attachment_ F_ Sub scription. Agreement Page 3 0 3 27. Subj ect 2011 Cupertino Bicycle Transportation Plan Recommended Action Adopt Resolution No. 11 -055, approving the 2011 Cupertino Bicycle Transportation Plan Staff Re ort A - Resolution B - Bicycle Transportation Plan Page 3 5 3 28. Subject Cancellation of April 19 City Council meeting and scheduling of Budget Study Session Recommended Action Consider canceling meeting of April 19 and schedule Budget Study Session between May 23 and June 2 Page No written materials in packet 29. Subject Resignations of Fine Arts Commissioner Joelle Lieb, and Technology, Information, and Communications Commissioner William Allen Recommended Action Accept resignations and, if the April 19 Council meeting is cancelled, direct staff to set interview deadlines Staff Report Page 4 2 3 10 Tuesday, April 5, 2011 30. Subject Date for study session regarding teleconferencing Recommended Action Select May 3 beginning at 6:00 Page No written materials in packet Cupertino City Council Cupertino Redevelopment Agency 31. Subj ect Date for City Manager evaluation Recommended Action Set date for closed session on May 12 beginning at 5:00 PM Page No written materials in packet ORDINANCES STAFF REPORTS COUNCIL REPORTS ADJOURNMENT REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council's decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council's decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408 - 777 -3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda /minutes page on the Cupertino web site. 11 UPERTIN DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, March 15, 2011 CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:48 p.m. Mayor Gilbert Wong called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Gilbert Wong, Vice -Mayor Mark Santoro, and Council members Barry Chang Orrin Mahoney, and Kris Wang. Absent: None. CLOSED SESSION - None STUDY SESSION 1. Subject Study session regarding trail alignment for Stevens Creek Trail Corridor Project Phase H Recommended Action Conduct study session Written communications for this item included a staff PowerPoint presentation on alternative trail alignments. Public Works Director Timm Borden reviewed the PowerPoint presentation. He highlighted the Base Trail Alignment pros and cons; Alternatives 1 and 2 — Westside Trail pros and cons, and Alignment 3 — Eastside Trail pros and cons. Council concurred to take public comment with Item No. 13. 12 March 15, 2011 Cupertino City Council Page 2 CEREMONIAL MATTERS — PRESENTATIONS - None POSTPONEMENTS Deputy City Clerk Grace Schmidt noted that there was a request to postpone Item No. 12 to April 5. Leslie Fowler said she agreed the item should be postponed so that the experts can be available to address the cell tower before it is installed. Santoro moved and Wang seconded to postpone item No. 12 to April 5 at the request of the appellant with the concurrence of applicant. This item is regarding a personal wireless facility on Bubb Road. The motion carried unanimously. WRITTEN COMMUNICATIONS Schmidt distributed the following written communications: • A staff PowerPoint presentation on alternative trail alignments (Item Nos. 1 and 13) • An amendment to page 8 of the minutes of February 15 (Item No. 2) • A revised copy of the draft ordinance (Item No. 14) • A typed list of comments from Darryl Lum opposing the proposed change in procedure (item No. 14) • An email from Keith Murphy opposed to altering the reconsideration process (Item No. 14) Mayor Wong reordered the agenda to take up the Consent Calendar next. CONSENT CALENDAR Wang moved and Mahoney seconded to approve the items on the Consent Calendar as recommended, with the correction to the minutes of Feb. 15. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 2. Subject February 15 City Council minutes Recommended Action Approve minutes Written communications included an amendment to page 8 of the minutes of February 15. 3. Subject March 1 City Council minutes Recommended Action Approve minutes 4. Subject Accounts Payable for period ending February 18, 2011 Recommended Action Adopt Resolution No. 11 -033\ 13 March 15, 2011 Cupertino City Council Page 3 5. Subject Accounts Payable for period ending February 25, 2011 Recommended Action Adopt Resolution No. 11 -034 6. Subject Payroll for period ending February 18, 2011 Recommended Action Adopt Resolution No. 11 -035 7. Subject Approve destruction of records from the City Clerk department Recommended Action Adopt Resolution No. 11 -036 8. Subject Alcoholic Beverage License, Bombay Oven, 20803 Stevens Creek Boulevard (near Saich) Recommended Action Approve application for On -Sale Beer & Wine 9. Subject Alcoholic Beverage License, Shanghai Garden Restaurant, 20956 Homestead Road, Suites A2 & A3 (Oakmont Square at Homestead & Stelling) Recommended Action Approve application for On -Sale Beer & Wine 10. Subject Quitclaim Deed and Authorization for Underground Water Rights, SI 24, LLC, 10600 North De Anza Blvd Recommended Action Adopt Resolution No. 11 -037 Description The property owner of this commercial development agrees to grant to the City the right to extract water from the basin under the overlying property 11. Subject Quitclaim Deed and Authorization for Underground Water Rights, Suresh R. Tammana and Subha P. Tammana, 22140 Hibiscus Drive Recommended Action Adopt Resolution No. 11 -038 Description The property owners of this residential development agree to grant to the City the right to extract water from the basin under the overlying property ITEMS REMOVED FROM THE CONSENT CALENDAR (above) - None PUBLIC HEARINGS — None UNFINISHED BUSINESS - None NEW BUSINESS 12. Subject Petition for reconsideration of the City Council's November 29, 2010 decision to deny an appeal of a Director's Approval for a personal wireless service facility at 11371 Bubb Road (continued from February 1) Recommended Action Continue to April 5 at request of appellant with the concurrence of applicant Under "Postponements" this item was postponed to April 5. 14 March 15, 2011 Cupertino City Council Page 4 13. Subject Alternative trail alignments for Stevens Creek Corridor Project Phase H Recommended Action Authorize staff to proceed with the bridge and trail alignment as generally depicted in the approved June 2006 Stevens Creek Corridor Park Master Plan Written communications included a staff PowerPoint presentation on alternative trail alignments. Deborah Jamison said that she could speak on behalf of the entire conservation community in urging Council to keep the creek and the riparian plant restoration a high priority in this project. She also urged Council to put the trail alignment not too close to the creek and riparian woodland because human presence would have an impact on wildlife use in the area. Donna Austin said that she wants to see the creek restored and the trail built, but she was concerned that the trail not be made of cement due to irrigation and tree root issues. Tom Dyer, Chair of the Stocklmeir Trail Study Committee, said that the committee has been meeting with the City for over two years regarding the proposed property and trail alternatives, and participants have included adjacent homeowners, the Historical Society, and multiple environmental entities. He noted that the committee, with support from interested school district educators, created a Legacy Farm concept which would enable community partnerships for building and sustaining a living open space with emphasis on K -12 education. He noted that the committee looks forward to completing the architectural review process before final trail locations are made. Ann Ng, Stevens Creek Trail Board member, said that the group is neutral on the trail alignment and thanked Council for building the trail. Leslie Fowler said that her kids love to walk to school, and with the trail alignment hopefully more parents will allow their kids to walk to school as well. She asked Council that when future projects are planned, neighborhoods are not dissected by major roads. Robert George, President of the Meadows of Cupertino Homeowner's Association, said the group supports the City's efforts to improve the Stevens Creek Trail habitat, and the trail through the orchard should offer a pleasant experience for the hikers while retaining a peaceful and secure environment for adjacent home owners. He urged Council to continue the agreement to maintain a 100 -foot between the trail and the resident property lines. John Buenz said he was a member of the original Stevens Creek Task Force and urged Council to keep the 100 -foot setback from the property owner line and the trail. He noted he was opposed to Alternative #1; Alternative #2 would be acceptable; he had no opinion about Alternative #3; and he definitely approved of the Baseline Alternative which was closer to what the original Task Force had in mind. 15 March 15, 2011 Cupertino City Council Page 5 Darryl Stow, President of the Cupertino Historical Society, suggested that instead of having the trail go through the orchard, to have it go through the west side of the creek instead. He said this was the most beautiful part of trail and the least impact to neighbors, the golf course, and the orchard itself. Council asked questions of staff and the previous public speakers and discussed the Base Trail alignment and the Alternative Trail alignments. Santoro moved to (1) Put the bridge downstream of the pump house; (2) Place the trail between the red lines (as noted on the staff PowerPoint) and the second row of trees; and (3) Direct staff to look at the trail coming out on Stevens Creek. Mahoney seconded for discussion and added a friendly amendment to make the movement of the bridge the first priority, and look at both placement alternatives in regards to the golf course. Santoro accepted the friendly amendment. Staff will come back with cost and design analysis on April 5. The motion carried with Chang voting no. Mayor Wong reordered the agenda to take up Oral Communications next. ORAL COMMUNICATIONS Leslie Fowler said she couldn't attend the Lehigh vested rights meeting but watched it on TV and was upset that people only had two minutes to speak. She noted that people had planned their three- minute presentations and she thought it was rude to allow them only two minutes. She said that residents have a right to speak for three minutes regardless of whom the mayor is or the circumstances. Michaela Miller said she works for Silicon Valley Faces and noted that they are hosting a Community Voices: Dinner & Dialogue on April 5 from 7 -9 PM at the Levy Family Campus in Los Gatos. She explained that the event is to bring together Asian American immigrants and non - immigrants in the region to encourage community involvement and support of each other. Council recessed from 8:45 p.m. to 8:50 p.m. Richard Adler from No Toxic Air began a PowerPoint presentation which was originally made by the Office of Mine and Reclamation State office on February 11 to the State Mining Board in Sacramento. He noted that the Lehigh Hansen Quarry has been out of regulatory compliance for 10 years. The presentation highlighted a brief history including: the Reclamation Plan approved in 1985; landslide issues at the quarry in 1987 -2001; an Emergency Repair Proposal in 2002; Office of Mining Reclamation inspection of the plant in 2005; and a public hearing in 2006. Paula Wallace continued the PowerPoint presentation began by Mr. Adler highlighting: the Notice of Violation /Order to Comply in 2006 to be achieved at the end of 2007; Amended Reclamation Plan application in January of 2007 which was rejected by the State as insufficient requiring a Comprehensive Geotechnical Report; a Revised 45 -Day Notice for compliance; a 24- month extension granted to the quarry for coming into compliance; illegal dumping by the quarry 16 March 15, 2011 Cupertino City Council Page 6 in 2008 at a site which is now called the East Materials Storage Area (EMSA) throwing the compliance timeline off to now include EMSA; and a Comprehensive Amendment in 2010. Rod Sinks continued the PowerPoint presentation with what is happening currently with the compliance issue. He noted that the quarry has no approved Reclamation Plan and does not qualify to be on the State's AB3098 list which are quarries in good standing allowing them to bid on publically funded projects. He said that Lehigh has been supplying cement and aggregates to government contracts for almost 10 years in violation of State law. He asked Council to send a letter to the State Office of Mining Reclamation demanding Lehigh be taken off the AB3098 list and that the State Mining Board take Lead Agency status away from the County of Santa Clara. More information is at www.cupertino.or and at www.notoxicair.org The City Council continued with the New Business portion of the agenda. 14. Subject Municipal Code amendments regarding reconsideration of items by City Council Recommended Action Conduct first reading of Ordinance No. 11 -2075 Description "An Ordinance of the City Council of the City of Cupertino amending Chapter 2.08.096 of the Cupertino Municipal Code regarding Reconsideration - Sought by Interested Person" Written communications included: • A revised copy of the draft ordinance • A typed list of comments from Darryl Lum opposing the proposed change in procedure • An email from Keith Murphy opposed to altering the reconsideration process Assistant to the City Attorney Teresa Zueger reviewed the staff report and Council asked questions from staff. Keith Murphy said he is a two -time loser of the reconsideration process but is glad he participated because he found it helpful, educational, and a great dialogue. He urged Council to consider what would happen if two Council members conflicted on a topic and one were appointed to the sub - committee. That Council member could take the whole process hostage and essentially allow a reconsideration to pass or fail. He said that the reconsideration process is a benefit to the community and would hate to see it go back to a potential adversarial position. Jennifer Griffin said that she has watched the reconsideration process evolve and recommended to leave the process alone. She noted that Cupertino isn't big enough to have sub - committees and the public needs to be able to participate and have things out in the open and not behind closed doors. Darrell Lum said that the proposal is complex and not very workable. He suggested that the sub - committee should only be an advisory to the petitioner and that the petitioner 17 March 15, 2011 Cupertino City Council Page 7 should have the option to continue the reconsideration process to the full City Council. He also noted that the sub - committee shouldn't be composed of the Council members. Tom Hugunin said that there is a transparent process today and the Council from 1999 that approved the reconsideration process never envisioned a change to the part of the Municipal Code by adding a Section C. He noted that many citizens are engaged in the process and adding Section C would be cumbersome, and citizens may be confused by the process. Ned Britt said that he's uncomfortable with using two people as a gatekeeper to decide if the reconsideration should come forward. He suggested using a non - binding process and the petitioner should be able to choose one of the sub - committee members. He also noted that the petitioner should only have to pay half the money before the committee meets and then choose to stop there or pay the rest, take the risk, and have the rest of the Council hear the petition. Robert McKibbin said there was and still is a valid reason why the reconsideration process is in place and it has served the City well since 1999. He said that one of his concerns is that the main argument staff has it that it's time consuming. The Democratic, open process is historically time consuming. He asked questions such as would the sub- committee process be televised, would it be open to the public, and how would two members be selected. He was concerned about making decisions behind closed doors. He urged Council to consider the reconsideration criteria and noted that they are not black and white and said he wanted to keep the process the way it is. Council asked questions of staff and further discussed the issue. Council concurred to direct staff to research whether its permissible to place a cap on the total time limit for reconsideration items and can the process be separated into two steps: 1. Have any of the five criteria been met; 2. If no, the petition will not be considered further and if yes, a full hearing will commence. ORDINANCES 15. Subject Second reading and adoption of Municipal Code amendments to the Parking Ordinance Recommended Action Conduct second reading and enact Ordinance No. 11 -2074 Description Municipal Code Amendment (MCA- 2010 -05) to Chapter 19.100 and Chapter 19.08 to clarify language regarding storage and parking of heavy equipment and planned non - operational vehicles in residential zones. "An Ordinance of the City Council of the City of Cupertino amending Chapter 19.100 (Parking Regulations) of the Cupertino Municipal Code with associated amendments to Chapter 19.08 (Definitions Ordinance) related to clarifying language regarding storage and parking of heavy equipment and planned non - operational vehicles in residential zones" in March 15, 2011 Cupertino City Council Page 8 The Deputy City Clerk read the title of the ordinance. Mahoney moved and Wang seconded to read the ordinance by title only, and that the Deputy City Clerk's reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None. Absent: None. Mahoney moved and Wang seconded to enact Ordinance No. 11 -2074. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None. Absent: None. STAFF REPORTS — None COUNCIL REPORTS Council directed staff to research the possibility of joining a Council meeting remotely if a Council member could not attend the meeting in person. Council Members highlighted the activities of their committees and discussed various community events. ADJOURNMENT At 10:52 p.m., the meeting was adjourned. REDEVELOPMENT AGENCY MEETING At 10:53 p.m. Chair Gilbert Wong called the regular Redevelopment Agency meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Redevelopment Agency members Present: Chair Gilbert Wong, Vice -Chair Mark Santoro, and Redevelopment Agency members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. A. Subject February 15 Redevelopment Agency Minutes Recommended Action Approve minutes Wang moved and Mahoney seconded to approve the minutes. The motion carried unanimously. ADJOURNMENT At 10:55 p.m., the meeting was adjourned. Grace Schmidt, Deputy City Clerk 19 March 15, 2011 Cupertino City Council Page 9 Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777 -3223, and also on the Internet at www.cupertino.org Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT &T U -verse Channel 99 and are available at your convenience at www.cupertino.org Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364. 20 RESOLUTION NUMBER 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 March 4, 2011 WHEREAS, the Director of Administrative Services, or their designated r'epr'esentative 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 $ 525,568.33 Less Employee Deductions $(165,182.65) NET PAYROLL $ 360,385.68 Payroll check numbers issued 98511 through 98550 Payroll voucher numbers issued V30317 through V30522 Void check/voucher number(s) 98527 Manual check/voucher number(s) CERTIFIED: _ - - � C -L` fug Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 21 RESOLUTION NUMBER A RESOLUTION OF TIIE 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 March 18, 2011 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law; NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the following claims and demands in the amounts and from the funds set forth: GROSS PAYROLL Less Employee Deductions NET PAYROLL Payroll check numbers issued 98551 through 98584 Payroll voucher numbers issued V30523 through V30725 Void check/voucher number(s) Manual check/voucher number(s) CERTIFIED: -` - -` Director of Administrative Services $ 531,484.09 $(165,635.58) $ 365,848.51 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 22 RESOLUTION NO. 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 MARCH 4, 2011 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 ". 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W J W m m 0 0 0 0 0 0 0 0 0 0 W W w w w w W W W W W W W W \ \ \ \ \\ \ \ \ \ \ \ 000000 0 0 0 0 0 0 IA Irl IP 1 d� rl- �HWr�r r W r r r W H W W W Y W H W H Y W W m m m m m m w W N 1 Ln N NNNNNN Ul w w w w ,p m Ln Vl v1 Vl vl H IP J w w 1P 111 IP m N >p 0 0 0 0 0 W W W W W -1 \ \ 000 O O ,l U h ,11 11 HrH H r r W W H H In w H In m (n w N P M t N W 0 H O )" " H L L ( [T H t x 0 C�+S w 0 z `� K 14 5 w H U] H N n r G� n rJ3 �c H o 1 1 a > l n H z z H n t 0-1 m W W 1P Y Y �P W IP m H H N Y H N H N O O O J O O J O d m a w w m w w H w r N J IP w 0 W m O LO W P kP In iA 000000 W H C<] w o H m L U] i L4 L 11 fn H n H w O n m L>:1 iz t+J h t+] H R+ In N H H HHHHHH U) yy IC KKK n o f] rrHHCnH H m H H H H W H W W J W W r r H H H O P P P O O P o O o 0 0 w w w m w Co N w w m w wG NIn H W r lfl w Q 0 O H O N r 0 O m P I D W J A N 0 O m O I P Y w o r v I1 W Y W N ro y ro ro W �d H NN NNN N I rJ ° V] � U1 1 wJ w J w J N H I I I I I I I \ N n H t+ N N N NNN N N O H \ \ \ \ \\ m H H f11 n H N F'HY W I hJ \ m J w J m J m fJ o tj I w 0 H \ � n \ 0 10 'ay W t�l n H � 7 L'' no n n J m Cl) m cn G1 GdG ci td Id Id 1 0 t-1 Id 1 0 Id 1 0 z mk0 t7l G wDi W H H H W I-' H H H r r 000 O O www w wwW m H O H 0 Ul W IP N ,Icicl c Id ,0 ld n H 000 ° z N N 1 v t7 m m W ci 1n 0 W m mmN (/l Ul m n n H I [d Y x o O H C O 1] hi t7 H \ U 1-3 I I I c� UI 13 I i La 0 0 0 0 0 o O o 0 o000000 o P o 0 0 0 0000 P o 0 0 0 0 0 0 o b 0 O P o o P 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d d o 0 o d o d O P O o 0 o 00 n n o n 0 0 0 o a 0 0 0 SS �1 H N m W N w H W N H H m H H m N N m w w o w N H W W m o L7'I J W o N W o o w IP Ul Ln Ul Ul J m w W O A P N J w iP o m H P w w IP >P a IP r �1 0 o W o P U1 w m w 1p J p W Co m J1 m 141 N a m P Ul a' o 0 Ul O U3 0 w 0 W O P N J w m MP & O W. J J O J Ln W J 1P N N O O O O m O O O H In J W r " H w 0 m Ul Ul w N W m Ul 0 H J n L-J H I q 0m H�j y r y ro Ho mW G wor -I n W la 0�d n LO fr H \ !y W � rF Ct rt w K w r� R. r rD ro U ro rr m ro N n a � N N w 47 n o m y m� o I o H O U] [rJ O ttl ' H H 0 N 0 r � Y 0 6 0 4 O O O 0 H L W bi bi CM al 27 \ O H \ O Id H 11. 13 H W rb >� W o \ H N C \ U1 \ Ill O \ H PW � 11 0 H m r H Z L4 m \ LO m W 0 C.1 0 ,'V w m W N I r„ H 0 ( L4 000000 W H C<] w o H m L U] i L4 L 11 fn H n H w O n m L>:1 iz t+J h t+] H R+ In N H H HHHHHH U) yy IC KKK n o f] rrHHCnH H m H H H H W H W W J W W r r H H H O P P P O O P o O o 0 0 w w w m w Co N w w m w wG NIn H W r lfl w Q 0 O H O N r 0 O m P I D W J A N 0 O m O I P Y w o r v I1 W Y W N ro y ro ro W �d H NN NNN N I rJ ° V] � U1 1 wJ w J w J N H I I I I I I I \ N n H t+ N N N NNN N N O H \ \ \ \ \\ m H H f11 n H N F'HY W I hJ \ m J w J m J m fJ o tj I w 0 H \ � n \ 0 10 'ay W t�l n H � 7 L'' no n n J m Cl) m cn G1 GdG ci td Id Id 1 0 t-1 Id 1 0 Id 1 0 z mk0 t7l G wDi W H H H W I-' H H H r r 000 O O www w wwW m H O H 0 Ul W IP N ,Icicl c Id ,0 ld n H 000 ° z N N 1 v t7 m m W ci 1n 0 W m mmN (/l Ul m n n H I [d Y x o O H C O 1] hi t7 H \ U 1-3 I I I c� UI 13 I i La 0 0 0 0 0 o O o 0 o000000 o P o 0 0 0 0000 P o 0 0 0 0 0 0 o b 0 O P o o P 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d d o 0 o d o d O P O o 0 o 00 n n o n 0 0 0 o a 0 0 0 SS �1 H N m W N w H W N H H m H H m N N m w w o w N H W W m o L7'I J W o N W o o w IP Ul Ln Ul Ul J m w W O A P N J w iP o m H P w w IP >P a IP r �1 0 o W o P U1 w m w 1p J p W Co m J1 m 141 N a m P Ul a' o 0 Ul O U3 0 w 0 W O P N J w m MP & O W. J J O J Ln W J 1P N N O O O O m O O O H In J W r " H w 0 m Ul Ul w N W m Ul 0 H J n L-J H I q 0m H�j y r y ro Ho mW G wor -I n W la 0�d n LO fr H \ !y W � rF Ct rt w K w r� R. r rD ro U ro rr m ro N n a � N N w 47 n o m y m� o I o H O U] [rJ O ttl ' H H 0 N 0 r � Y 0 6 0 4 O O O 0 H L W bi bi CM al 27 f p y 0 a r H H r m w r tA r H H C) C) n n 0 M z sA �3 F33 H r r f & 4 P 4 Q1 Q1 l0 0 D 0 0 P P 0 P J P N N N - 7 N IA m n N m m -3 n n H o no x n ww M n PP n n r 41� x a H p O o H C W W rn \� rr l7 M Y H Ol Ol I � a I y J I � � I F3 F3 I i� F3 I U1 b7 I I I x I I � � I � � I rr O O t7 H N N I N N UI In I I Vj 1 1 � U) en �s n ut ro d t1 s-3 H nn o 00 z ro ro I I I I w U, P 4 P P P O O O O O O O 0 0 o n o n n m H 0w W=3 H O 0 W �I mN� H L n W W 4 r� P) CF rt n m I w r* ro tD ro rr ro ro N n x r M r r� o x N N W [rf O H H O U1 F3 o L � P � O o I o � O M IV P co b] y w 0 �o P- N 0 r � r w 0 iP O t7 O O 0 0 4 n I`3 M w m m .p vi i iA iA & 4 P 4 Q1 Q1 l0 0 D 0 0 P P 0 P J P N N N - 7 N IA w w w N m m n m H 0w W=3 H O 0 W �I mN� H L n W W 4 r� P) CF rt n m I w r* ro tD ro rr ro ro N n x r M r r� o x N N W [rf O H H O U1 F3 o L � P � O o I o � O M IV P co b] y w 0 �o P- N 0 r � r w 0 iP O t7 O O 0 0 4 n I`3 M w m m .p vi i RESOLUTION NO, 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 MARCH 1 t, 2011 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: s r ctor of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2011, by the following vote: Vote Members of the City AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 29 J� H ID M 1 Oww w oto o D o W d' W 1n u1 N N N W orl n u, m mNn o I1, r i lD r+,o [�loq Iflrn W W W W W W W o o N , W. nOMa W N W un " H a I-_ W W W ri Q a N W M N IO W W W W W W W N N N N N N O M ID I- H d� M m ID w M l- N in M w rn N 111 M Mm O W W m mmm mm co ('I H.A H HAW W m W m W Mul mHm[ mN o I- Nio l I- tl' N W a W ID .4, W dl dl dl 6 m m N dl ri ID In to m W dI N N Ul a' ri I H N N W N H W m w w� C.7 U O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 O 1:11, 0 0 CIO 0 0 0 001, o O O O O W� O q o 0 0 o g q o q q O q 0 000000 a 000000000000 a 0 a 0 a a H O O o 0 0 0 O O O g 0 0 0 O O O O g 0 o O p 0 0 0 p O p p p O 14 p p a p a ce W I11 H 0 P P H 1 M r- W W m W O VJ 1 U q I r'I PI PI HHHHH HH N w z @1 OO �j I� � uUUUU H H HH Hrl riH HH Hr-i q H o H� riH C�t,C�UC�UU [ 0000aoo0000 E 0 H rA rq a'R: 94 m P: rlim a uuuuuuuuuu u H a a \q Oo HHHHH HH w PI PI W PI 1-7 N M 0 MNNN 04 PIN 0 M mmm H o N N uU UUuuu H'. -IHH H P: U UUOU uUUUUU \ I- l� l� O Pi M O H 1L 4 9 F' 4 a' µ' a' A,' rC W 1 N N N o u \ I I mmmmmmm mmmmm �,' LL G4 W W P4 C4 PI P, PI PI Pr riH UJ to H H H H H H H H H H H H I D iJ tD 1:) 7D >D r:) I O O M M M O W I H o a \\\\\\\ \\\\\ al U U U U u u u U U u x H a p off H H NN NNN NN Mf'1MM M fl \ H H H H H H H H H H H W O I N N o00000o mm m m m 0 H H ri ri ri r-1 m W N P, A P ] PI H P�O�j •��r+/l •�� •� •+.r��yi •�rM��+l {iAp.-� P4 H I r N Uy Cxl riH HHH H.A N NNN N H 2• 2.2.2. ,2• I.7 r'I UI VJw ri �} M D4 11 E q N z - w E ro a o w f W O o o MOON of M O O rI m m p M O M a I l o ul U] Ib {� 00 a s C O u O O O a rI O O O O rl o r-i O O N o O O In H rl H H \ W W W W M W W N N W Vi W W u u1 mm L m m m i - N in l� r i -D M M W O O o W W 0 0 CO W W m a H W W 0 0 0 o a o 0 W r, W H W W W 00000 W 0 w wW wW mw <1N wm W w w o W W a W W 0 0 0 0 0 0 0 0 0 0 0 M 0 m lq w w w o 0 0 W [A DIED o H H H HH in H H H HH to M H H H In H HHHH H N HriH O W mli Ln N N NN riH H HH LI)H H HHH Iil w A 1"iN Hines A H.A rl H W rl rl rl aQ 0 '0 O I 0 0 0 0 0 0 0 0 0 0 0 U I o I m W Nm CL P, mPI N N '. 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U} O H H a V C7 F W f 1 o m o 3 � U H a U N • w rn an co u, ca G f rx sx amm � F � F ww www JJ F a 41 Q! a Al W t F7 F F � 3 y1 3 3 a 3 m m m m m F m m m m S mm W mmm ! R1 }.� q H . i i j 0 0 0 C 0 J- ri ri H H H U (d W vl 'n �\ m m m m m rA H oa o00 H H � O 1 z C_ 7 w H O x O O O O O Q riN H W,, H U H.-1 H1 H U ri N H w A m m m m m - U ,.. U� U � 1 ) m x O U m � O H p I 7, U ,T, .7 C � o ri H H V G p i w W W W 0 x oa a ao� r.G H - ,?4 a U [n N N N NNH H H H 1 4 H NU s-4 OOo O Ono o Q Q p r1 rn < U ri -4 F+ li H H F. N H H �i H Q U U d H U H W Sn N N m 71 H r-i rl ri m 0 w d A P4 45 RESOLUTION NO. 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 MARCH 18, 2011 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 fiends 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 fiends 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 , 2011, by the following vote: Vote Members of the City Council AYES. 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Recommended Action Accept Project No. 2009 -08. Discussion The City's contractor, G. Bortolotto & Company, has completed work on the Pavement Restoration Project which consisted of asphalt repairs at various locations throughout the City. Prepared by: Joanne Johnson, Public Works Engineering Technician Reviewed by. Timm Borden, Public Works Director Approved for Submission by David W. Knapp, City Manager Attachments: A — Pavement Restoration Location List 54 ATTACHMENT A Pavement Restoration Project — 2009 -08 Location List Cordova Rd E Estates Dr Farallone Dr Flora Vista Ave Folkestone Dr Garden Gate Dr Gardena Dr Gardenside Dr Janice Ave Lazaneo Dr Loree Ave McClellan Rd Pacifica Dr Palm Ave Palo Vista Phar Lap Dr Presidio Dr San Fernando Ave Stevens Creek Blvd Willowbrook Way 55 RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN DEVELOPMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, MIMI TSUI, 10292 ORANGE AVENUE, APN 357 -19 -030 WHEREAS, there has been presented to the City Council a proposed development agreement between the City of Cupertino and developer, Mimi Tsui, for the installation of certain municipal improvements at 10292 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 5th day of April, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 56 Resolution No. 11- Page 2 DEVELOPERS: LOCATION: EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS MIMI TSUI 10292 ORANGE AVENUE, APN 357 -19 -030 PART A Faithful Performance Bond: $ 15,000.00 1102211 PART B Labor and Material Bond: $ 15,000.00 1102211 PART C. Checking and Inspection Fee: $ 2,468.00 1104538 PART D. Development Maintenance Deposit: $ 1,000.00 1102211 PART E. Storm Drainage Fee — Basin 3 $ 185.98 2154072 PART F. Street Light - One -Year Power Cost: N/A 1104537 PART G. Map Checking Fee: N/A 1104539 PART H. Park Fee - ZONE II N/A 2804082 PART I. Reimbursement Fee: N/A 57 AGREEMENT 10292 Orange Avenue APN: 357 -19 -030 This AGREEMENT made and entered into this 0 �` day of M , 2011, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and Mimi Tsui, Trustee of the Mimi Tsui Living Trust dated May 20, 2010 hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY to secure a Building Permit to construct a single family dwelling hereinafter referred to as "Project ". WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by E. J. Hahamian, Civil Engineer, a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans ", and the work to be done under the Plans shall be called the "Work ". WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES, AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: $15,000.00 110 -2211 PART B. Labor and Material Bond: $15,000.00 110 -2211 PART C. Checking and Inspection Fee: $2,468.00 110 -4538 PART D. Development Maintenance Deposit: $1,000.00 110 -2211 PART E. Storm Drainage Fee — Basin 3 $18598 215 -4073 PART F. Street Light —One -Year Power Cost: NIA 110 -4537 PART G. Map Checking Fee: NIA 1104539 PART H. Park Fee: Zone III NIA 280 -4083 PART 1. Reimbursement Fee NIA Page 2 of 11 59 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: DEDICATION A. The DEVELOPER offers to dedicate the real property shown on Exhibit "A ", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except those, which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGREEMENT, the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A ", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City: i. A preliminary title report issued by a title insurance company relating to the property offered for dedication. ii. A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of NIA, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the. Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. No final inspection shall be granted or street improvements shall not be accepted unless all the requirements for safety purposes are installed, such as sidewalks, handicap ramps, street lights, etc. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino, The Page 3ofII .1 Work. shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, and standards approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the plans, specifications, and standards as set forth. C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. D. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the City of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. E. In case of conflict between the State Specifications and the specifications of the CITY, and/or the Cupertino Sanitary District, the specifications of the CITY and /or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his /her rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project. DEVELOPER .agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him/her for signature. 4. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his/her full and faithful performance of this AGREEMENT. The penal sum of said faithful performance bond is as set forth in Part A of the SCHEDULE OF BONDS, FEES AND DEPOSITS. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY, a labor and materials bond in a penal sum as set forth in Part B of the SCHEDULE OF BONDS, FEES AND DEPOSITS. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and have been approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail to faithfully perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to do SO. Page 4 of 11 61 B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: Cash; or, ii. A cashier's check, or a certified check payable to the order of the City of Cupertino; or, iii. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c). C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a faithful performance surety bond. In the event that the DEVELOPER shall fail to faithfully perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check or certificate of deposit shall be made except upon approval of the City Council. Schedule for bond and insurance release for paper bonds are as follows: i. Release of 90 percent of the faithful performance bond upon acceptance by City Council. ii. Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. iii. Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. iv. Liability insurance, provided by the DEVELOPER to hold the CITY harmless in the event of liability arising from the project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. CHECKING AND INSPECTION FEE It is further agreed that the DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc. incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part Q. Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. Page 5ofII Z 6. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part D) as a development maintenance deposit. The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the DEVELOPER or his /her contractor that may arise during or after the construction of the development. The deposit shall also be used for copies of approved plans for the CITY's files. If the cost exceeds the amount deposited the DEVELOPER is required to pay actual overage prior to return of original plans. Any unexpended amount will be returned to the DEVELOPER at the time all bonds are released in accordance with paragraph 4 of this agreement. 7. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with the said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part E). STREET LIGHT - ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part F), which amount represents the power cost for street lights for one year. MAP CHECKING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12104161) of CITY, the amount as set forth herein at Page 2 (Part G). 10, THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the CITY approved list. 11. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and /or dedicate such land to the CITY, prior to execution of this AGREEMENT, as is required within Section 18- 1.602, Park Land Dedication, Cupertino Municipal Code, and which is further stipulated herein at, Page 2 (Part H). Fees are also in accordance with action adopted by the City Council on March 19, 1991 and Chapter 14.05 or Section 18 -1.602 of the Cupertino Municipal Code. Page 6 of I I 63 12. REIMBURSEMENT FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a reimbursement fee for the street improvements that have been installed by the City, or by another property owner. Developer shall pay the City for the cost of the land at the cost to the City, or another property owner, and shall pay a street improvement reimbursement charge for the improvements which the City or another property owner, installed on the street abutting or included in the benefited property, in an amount equal to the total improvement costs for each particular benefited property as set forth in a reimbursement agreement, in the amount as set forth herein at Page 2 (Part I). Payments for both land and improvements shall include simple interest in the amount of seven percent per year, to be calculated in the following manner: A. Land Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvements reimbursement charge is paid, or if the land is purchased by the City for a City project, from the date of purchase to the date the charge is paid. B. Improvement Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvement reimbursement charge is paid, or if installed by the City, from the date installation commenced to the date the charge is paid. C. Provided, however, that the interest shall be waived if the adjoining property owner dedicates or has dedicated to the City land necessary for the street improvements, or where no such dedication is necessary. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City Standards and Specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and /or materials appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has submitted plans for review by the District and that sanitary sewers are available to serve all lots within said Project. Page 7ofII •ll 15. GOVERNMENT COSTS It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied with. 16. PACIFIC GAS AND ELECTRIC/ AT &T It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and /or to AT &T, any and all fees required for installation of overhead and /or underground wiring circuits to all electroliers within said property and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when the DEVELOPER is notified by either the City Engineer or Pacific Gas and Electric Company and /or AT &T that said fees are due and payable. 17. EASEMENTS AND RIGHT -OF -WAY It is further agreed that any easement and right- of-way necessary for completion of the Project shall be acquired by the DEVELOPER at his/her own cost and expense. It is provided, however, that in the event eminent domain proceedings are required, the CITY for the purpose of securing said easement and right -of -way, that the DEVELOPER shall deposit with CITY, a sum covering the reasonable market value of the land proposed to be taken and, to be included in said sum, shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require, shall be deposited with the City of Cupertino. 18. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his/her contractor and continuing until the completion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors, except to the extent any of the foregoing is caused by the negligence or willful misconduct of the CITY or the CITY'S agents, employees and independent contractors. 19. INSURANCE It is further agreed that: the DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of Page 8 of 11 65 insurance naming the CITY and members of the City Council of the City of Cupertino individually and collectively, and the officers, agents and employees of the CITY individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the CITY, its members of the City Council individually and collectively, and the officers, agents and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall not be called upon to cover a Ioss under said additional policy. The insurance carrier shall provide proof of their ratings. All ratings should be Best's Guide Rating of A, Class VII or better or that is acceptable to the CITY. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: for general liability for bodily injury, personal injury and property damage $1,000,000 each occurrence, with an aggregate limit of not less than $2,000,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof, The CITY shall be shown as additionally insured on a separate "Additional Insured Owners, Lessees or Contractors" (Form A) or (Form B) Endorsement provided along with the evidence of said foregoing policy of policies of Insurance. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co -name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. D. DEVELOPER to use City supplied forms for proof of insurance and endorsements to policy as specified above. 20. MAPS AND /OR IMPROVEMENT PLANS It is further agreed that the CITY shall obtain the following map and /or plans at the DEVELOPER'S expense: A. A mylar blackline and five (5) prints of fully executed parcel map. B. A mylar blackline and twelve (12) prints of fully executed improvement plans. Page 9 of 11 •• C. A scan in raster format of all executed improvement plans and map. D. One fl) ' / 2 size prints of fully executed plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and maps, If costs exceed the amount deposited the DEVELOPER is required to pay actual overage prior to return of original plans. Page IO of 11 67 21. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferees of the DEVELOPERS. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused their name to be affixed the day and year first above written. CITY OF CUPERTINO: Approved as to form: City Attorney Mayor City Clerk DEVELOPER: Attach Notary acknowledgement Page 1 I of 11 Mimi Tsui •: ' .. All that certain real property situated in the City of Cupertino, Cleanly of Santa Mara, State of California, being the westerly five feet of Lot 5 of Tract Dios 97, Noonan Subdivision Unit No. 1, a map of which was filed on April 3, 1939 in Book 3 of Maps a Page 43, in the Office of the Recorder of said County, and being a five foot wide strip of land described as follow: Beginning at the northwesterly corner of said Lot on the easterly right of way line of Orange Avenue, 40 feet in width, as shown upon said Map; Thence along the northerly line of said Lot, South 89 deg. 58 min. East 5.00 feet; Thence parallel with the centerline of said Orange Avenue and distant therefrom 25 feet (right angle measure) South 58.24 feet to the southerly line of said Lot; Thence along said line North 89 deg. 58 min. West 5.O0 feet to the south- westerly corner of said Lot; Thence along the westerly line thereof, North 50.24 feet: to the point of beginning. Containing 251.2 square feet, more or less. Refer to EXHIBIT" B ", PLAT, which is hereby made a part of this description. Address: 10292 Orange Ave., Cupertino, CA APN 357 - 19 Date: January 1.2, 2011 Prepared by. Edward J. Haha nian, RCE 69 a Dec4e ea fi on Are.e -- 07 5- TRA 97 3 M A 1 t5 43 � "alt j' Kj 5AO F ERMA N D AVig l 2-'. A o+ /190-00 E X I B /7 13 D 'D ICA71 �N PLAT POR RoADWA)l AND U7'ILITIES poRP05,g5 ADPAE55: / , 0292 09A)J AF-, A P�U'. .3.5 7 f° <5 3 Q ,OA TE. ,TA A1" 13, 2011 L IP , 70 C ALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWL State of California County of C On ►' C(h'� ?'7v1( before rne, 1 1a t n e 6 s W hA v , / P j 61 1 ° , (Here insert name and tfile ofthe officer) personally appeared Moir s o l , who proved to me on the basis of satisfactory evidence to be the person) whose name(e -) is/a=-subscribed to the within instrument and acknowledged to me that he /she /key executed the same in4tis/her/thc4r authorized capacity(le-9), and that by 44R/her/ter signatur*) on the instrument the perso14), or the entity upon behalf of which the person(&) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADDITIONAL OP'T'IONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT �'ir me A ( i €lo or description of attached do (Title or description of attaehA document continued) f Number of Pages Document Date �� d �� �?� g$ (Additional information) CAPACITY CLAIMED BY THE SIGNED ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Parber(s) ❑ Attorney-in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California ntust contain verbiage exactly as appears above in the notary section or a separate acknowledgment form mast be properly completed and attached to that document. The only exception is f a document is to be F•ecorded outside of Cattfornia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary la da somedring that is illegal for a notary in Callfarnda (i.e. certifying the authorized capacity of lire signet), Please check the document carefully for proper rurtarrtal wording and attach this form if required • State and County information must be the State and County where the document signor(s) personally appeared before.the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgmcntis completed. • The notary public must print his or her, name as it appears within his or her commission to by a comma and then your title (note public), • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. helshel*ey, is /ors ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must.nnl cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form, • Signature of the notary public must match the signature on file with the office of the county clerk. d+ Additional information is not required but could, help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attacbed document, number of pages and date, Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA 02,10.07 800- 871 -9865 www.NotaryClasscs.com 71 N N N LOMITA O 10206 10195 102( O 00 M 00 00 00 00 DO r N N w 00 N 10205 10210 10 N 04 N Q . z 10208 10217 � 10218 10228 21825 10217 Q 21835 10216 1022310221 Q 10232 10238 0221 1 LO 21815 a 00 > > r N MN r ONO I 21845 21805 0) CA r O r N r N r Cfl I. r "' t7 N CO r O O 000 c0 LO N r— O ti ti r CO N N N N N N ALMADEN OLIVE 00 r O O O 21800 10260 21750 Co Co ti 00 00 00 00 0 N N O 10261 N N CV N N 10268 21736 _ti N O O 10207 21744 21738 10271 10276 21742 10261 10284 1028 r r 21740 N r � 000 r Co r a 00 00 10292 `" N N 21801 J 21730 N 00 00 00 1029' C.0 C.0 r SAN FERNANDO r r N° N 1031 10353 � O O 10315 LO 22198 22168 0 0 0 C) 00 0 103 0 N N N N 10325 10325 w N 103 z 103 10331 Q Co O 0 10 0 N 22138 N 10357 r rr LO 10351 1 50 00 — r M 00 N N 00 00 r Co CO M W O N N N N C4 N 10361 10361 C4 :LC'4_ N L10382 O ( 00 � N 00 10381 00 N 00 00 N N C) O Co O ti 00 00 O O ti N Su b j ect: Development Agreement • •' Avenue r - CA Cfl L Co N 00 00 Recommended Action: Adopt Resolution No. 11 - N N 1 041 RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN DEVELOPMENT AGREEMENT BETWEEN THE CITY AND DEVELOPERS, JERRY JIN -TZONG LIU AND JENNIFER FANG FANG, 21835 LOMITA AVENUE, APN 357-16-063 WHEREAS, there has been presented to the City Council a proposed development agreement between the City of Cupertino and developers, Jerry Jin -Tzong Liu and Jennifer Fang Fang, for the installation of certain municipal improvements at 21835 Lomita Avenue, and said agreement having been approved by the City Attorney, and Developers 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 5th day of April, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk am - slum Mayor, City of Cupertino 73 Resolution No. 11- Page 2 DEVELOPERS: LOCATION: EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS JERRY JIN -TZONG LIU AND JENNIFER FANG FANG 21835 LOMITA AVENUE, APN 357 -16 -063 PART A Faithful Performance Bond: $ 4,277.00 1102211 PART B Labor and Material Bond: $ 4,277.00 1102211 PART C. Checking and Inspection Fee: $ 2,468.00 1104538 PART D. Development Maintenance Deposit: $ 1,000.00 1102211 PART E. Storm Drainage Fee — Basin 2 $ 229.98 2154072 PART F. Street Light - One -Year Power Cost: N/A 1104537 PART G. Map Checking Fee: N/A 1104539 PART H. Park Fee - ZONE II N/A 2804082 PART I. Reimbursement Fee: N/A 74 AGREEMENT 21$35 Lomita Avenue APN: 357 -16-063 This AGREEMENT made and entered into this 2 q day of M149 4 _ , 2011, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California, hereinafter designated as CITY, and Jerry Jin -Tzong Liu and Jennifer Fang Fang, husband and wife as communi ra pe with right of survivorship hereinafter designated as DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY to secure a Building Permit to construct a single family dwelling hereinafter referred to as "Project ". WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by Bayland Consulting, a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the "Plans ", and the work to be done under the Plans shall be called the "Work ". 75 WHEREAS, pursuant to the provisions of this AGREEMENT, the CITY hereby established the amounts of Bonds, Fees, and Deposits as set forth in the following schedule: SCHEDULE OF BONDS, FEES, AND DEPOSITS Street Improvement Category: PART A. Faithful Performance Bond: 110 -2211 PART B. Labor and Material Bond: 110 - 221.1. PART C. Checking and Inspection Fee: 110 -4538 PART D. Development Maintenance Deposit: 110 -221.1 PART E. Storm Drainage Fee — Basin 2 215 -4072 PART F. Street Light — One -Year Power Cost: 110 -4537 PART G. Map Checking Fee: 11.0 -4539 PART H. Park Fee: Zone H 280 -4082 PART I. Reimbursement Fee Page 2 of 11 $4,277.00 $4,277.00 $2,468.00 $1,000.00 $229.98 NIA NIA NIA NIA 76 NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows, TO WIT: I. DEDICATION A. The DEVELOPER offers to dedicate the real property shown on Exhibit "A ", which is attached hereto and made a part hereof by reference. Said dedicated property shall be free and clear of all liens or encumbrances except those, which the CITY shall waive in writing. The DEVELOPER agrees not to revoke said offer of dedication, and to keep said offer open until the CITY accepts offer by resolution. B. Upon execution of this AGREEMENT, the DEVELOPER agrees to deliver a properly executed grant deed to the CITY of the real property described in Exhibit "A ", and such other executed conveyances, or instruments necessary to convey clear title as herein required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to the City: i. A preliminary title report issued by a title insurance company relating to the property offered for dedication.. ii. A standard policy of title insurance issued by a title insurance company and insuring the CITY in the sum of NIA, and which shall show said property free and clear of all liens or encumbrances except those as the CITY shall expressly waive in writing; said policy shall be furnished at the time of acceptance of dedication and recordation of deed. C. Upon the condition precedent that the DEVELOPER shall perform each and every covenant and condition of this AGREEMENT, the CITY agrees to accept said real property offered for dedication. 2. INSTALLATION OF WORK It is further agreed that: A. The DEVELOPER shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the DEVELOPER fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the DEVELOPER or the DEVELOPER'S surety or both. No final inspection shall be granted or street improvements shall not be accepted unless all the requirements for safety purposes are installed, such as sidewalks, handicap ramps, street lights, etc. B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Page 3 of I I 77 Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, and standards approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the plans, specifications, and standards as set forth. C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. D. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the City of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. E. In case of conflict between the State Specifications and the specifications of the CITY, and/or the Cupertino Sanitary District, the specifications of the CITY and /or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. QUITCLAIM DEED It is further agreed'that the DEVELOPER, when requested by the CITY, shall quitclaim all his /her rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project. DEVELOPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him/her for signature. 4. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his/her full and faithful performance of this AGREEMENT. The penal sum of said faithful performance bond is as set forth in Part A of the SCHEDULE OF BONDS, FEES AND DEPOSITS. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faithful performance, file with the CITY, a labor and materials bond in a penal sum as set forth in Part B of the SCHEDULE OF BONDS, FEES AND DEPOSITS. Said bonds shall be executed by a surety company authorized to transact a surety business in the State of California and have been approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the DEVELOPER shall fail to faithfully perform the covenants and conditions of this AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY shall call on the surety to perform this AGREEMENT or otherwise indemnify the CITY for the DEVELOPER'S failure to do SO. Page 4 of 11 B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT by depositing with the CITY: i. Cash; or, ii. A cashier's check, or a certified check payable to the order of the City of Cupertino; or, iii. A certificate of deposit, or instrument of credit meeting the requirements of Government Code Section 66499 (b) or (c). C. The amount of said cash, checks, certificate of deposit, or instrument of credit shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the DEVELOPER furnished the CITY with a faithful performance surety bond. In the event that the DEVELOPER shall fail to faithfully perform the covenants and conditions of this. AGREEMENT, or to make any payment, or any dedication of land, or any improvements herein required, the CITY may apply the proceeds of said security thereto. D. No release of surety bond, cash deposit, check or certificate of deposit shall be made except upon approval of the City Council. Schedule for bond and insurance release for paper bonds are as follows: is Release of 90 percent of the faithful performance bond upon acceptance by City Council. ii. Release of the remaining 10 percent of the performance bond at one year from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. iii. Release of the entire labor and material bond at six months from acceptance after all deficiencies have been corrected and in the absence of any claim against such bond. iv. Liability insurance, provided by the DEVELOPER to hold the CITY harmless in the event of liability arising from the project, to be retired at the end of one year if all deficiencies have been corrected and in the absence of any claim against such insurance. 5. CHECKING AND INSPECTION FEE It is further agreed that the DEVELOPER shall pay any and all necessary direct expenses for inspection, checking, etc. incurred by CITY in connection with said Project, and that DEVELOPER shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part Q. Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify DEVELOPER of any additional sum due and owing as a result thereof. Page 5 of I I 79 6. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount set forth herein at Page 2 (Part D) as a development maintenance deposit. The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the DEVELOPER or his/her contractor that may arise during or after the construction of the development. The deposit shall also be used for copies of approved plans for the CITY's files. If the cost exceeds the amount deposited the DEVELOPER is required to pay actual overage prior to return of original plans. Any unexpended amount will be returned to the DEVELOPER at the time all bonds are released in accordance with paragraph 4 of this agreement. 7. STORM DRAINAGE FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with the said Project in accordance with the requirements established in Resolution 4422, March 21, 1977, in the amount as set forth herein at Page 2 (Part E). 8. STREET LIGHT - ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part F), which amount represents the power cost for street lights for one year. 9. MAP CHECKING FEE It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field checking of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount as set forth herein at Page 2 (Part G). 10. THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino. Variety of tree shall be selected from the CITY approved list. 11. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution of this AGREEMENT, as is required within Section 18- 1.602, Park Land Dedication, Cupertino Municipal Code, and which is further stipulated herein at, Page 2 (Part H). Fees are also in accordance with action adopted by the City Council on March 19, 1991 and Chapter 14.05 or Section 18 -1.602 of the Cupertino Municipal Code. Page 6 of 11 :1 12. REIMBURSEMENT FEE It is further agreed that the DEVELOPER shall deposit with the CITY, prior to execution of this AGREEMENT, a reimbursement fee for the street improvements that have been installed by the City, or by another property owner. Developer shall pay the City for the cost of the land at the cost to the City, or another property owner, and shall pay a street improvement reimbursement charge for the improvements which the City or another property owner, installed on the street abutting or included in the benefited property, in an amount equal to the total improvement costs for each particular benefited property as set forth in a reimbursement agreement, in the amount as set forth herein at Page 2 (Part 1). Payments for both land and improvements shall include simple interest in the amount of seven percent per year, to be calculated in the following manner: A. Land Cost. Interest to accrue from the date the street improvements are accepted by the City to the date-the street improvements reimbursement charge is paid, or if the land is purchased by the City for a City project, from the date of purchase to the date the charge is paid. B. Improvement Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvement reimbursement charge is paid, or if installed by the City, from the date installation commenced to the date the charge is paid. C. Provided, however, that the interest shall be waived if the adjoining property owner dedicates or has dedicated to the City land necessary for the street improvements, or where no such dedication is necessary. 13. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City Standards and Specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work. 14. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has submitted plans for review by the District and that sanitary sewers are available to serve all lots within said Project. Page 7 of 11 15. GOVERNMENT COSTS It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Chapter 4 of the Government Code, pertaining to special assessments or bonds, have been complied With. 16. PACIFIC GAS AND ELECTRIC/ AT &T It is further agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company and/or to AT &T, any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said property and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when the DEVELOPER is notified by either the City Engineer or Pacific Gas and Electric Company and /or AT &T that said fees are due and payable. 17. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right -of -way necessary for completion of the Project shall be acquired by the DEVELOPER at his/her own cost and expense. It is provided, however, that in the event eminent domain proceedings are required, the CITY for the purpose of securing said easement and right -of -way, that the DEVELOPER shall deposit with CITY, a sum covering the reasonable market value of the land proposed to be taken and, to be included in said sum, shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require, shall be deposited with the City of Cupertino. 18. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the DEVELOPER or his/her contractor and continuing until the completion of the maintenance of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way arising out of the performance or nonperformance of the Work or the negligence or willful misconduct of the DEVELOPER or the DEVELOPER'S agents, employees and independent contractors, except to the extent any of the foregoing is caused by the negligence or willful misconduct of the CITY or the CITY'S agents, employees and independent contractors. 19. INSURANCE It is further agreed that: the DEVELOPER shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of Page 8 of It ., insurance naming the CITY and members of the City Council of the City of Cupertino individually and collectively, and the officers, agents and employees of the CITY individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the CITY, its members of the City Council individually and collectively, and the officers, agents and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall not be called upon to cover a loss under said additional policy. The insurance carrier shall provide proof of their ratings. All ratings should be Best's Guide Rating of A, Class VII or better or that is acceptable to the CITY. A. Each of said policies of insurance shall provide coverage in the following minimum amounts: for general liability for bodily injury, personal injury and property damage $1,000,000 each occurrence, with an aggregate limit of not less than $2,000,000. B. The DEVELOPER shall file with the City Engineer at or prior to the time of execution of this AGREEMENT by the DEVELOPER such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance. notice thereof. The CrIY shall be shown as additionally insured on a separate "Additional Insured Owners, Lessees or Contractors" (Form A) or (Form B) Endorsement provided along with the evidence of said foregoing policy of policies of Insurance. C. In the event that the Project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political subdivision of the State of California, the policies of insurance required herein and above shall co -name such municipality or political subdivision and the provision set forth herein and above for the protection of the CITY shall equally apply to municipality and political subdivision. D. DEVELOPER to use City supplied forms for proof of insurance and endorsements to policy as specified above. 20. MAPS AND /OR IMPROVEMENT PLANS It is further agreed that the CITY shall obtain the following map and/or plans at the DEVELOPER'S expense: A. A mylar blackline and five (5) prints of fully executed parcel map. B. A mylar blackline and twelve (12) prints of fully executed improvement plans. Page 9 of 11 C. A scan in raster format of all executed improvement plans and reap. D. One (1) 2l size prints of fully executed plans and map. The DEVELOPER agrees to pay the CITY from the development maintenance deposit the cost for all prints of plans and maps. If costs exceed the amount deposited the DEVELOPER is required to pay actual overage prior to return of original plans. Page 10 of 1 t ., 21. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferees of the DEVELOPERS. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino. IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused their name to be affixed the day and year first above written. CITY OF CUPERTINO: Mayor Approved as to form: City Attorney City Clerk DEVELOPER: erry Sin -Tzong Liu r s� Jennifer Fang Fang Attach Notary acknowledgement Page 11 of 11 i 1 � I i i . EXHIBIT "A" LEGAL DESCRIPTION 5' WIDE STREET DEDICATION BEING A PORTION OF THAT CERTAIN FA RCES. OF LAND DESCRIBED I N DEED DOCUMENT NUMBER 20730748, RECORDED JUNE 4, 2010, SANTA CLARA COUNTY OFFICIAL RECORDS. (See Say Land Consulting'Q wg. Nd.10012 -1 attached hereto and made a part hereon All that certain real property Ih the City of Cupertino, County of Santa Clara, State of described as follows: A portion of that certain parcel of land described In deed document number 20730749 recorded on June 4, 2010, Santa Clara County Official Records, more particularly described as follows: _ . The Southerly 25.00 feet of the Westerly 4045 feet of lot 75, - as shown .upon that certain Map entitled "Map of of Monta Vista, which map was filed for record on April 11, 1917 in BoOk "R", page 20 df reaps, Records of Santa Clara County, California and containing 3,003.75 square feet,. more -or less. END OF DESCRIPTION OF GAO* Page 1 of 2 LOT 63 LOT 64 . WEST BIC "P" PG. 20 40.15' OT 74 0 0 u n ' o "d co co V_ z IL 0 W Q F4 LLI 0 C) 0 00 Z cl T 75 uj w D BK. p PG. 20 0 o' WEST... loqu if, MM k _,% I - -v kw- CA I 4/o EXHIBIT 'A " 5' STREET DEDICATION WEST 'j . 5' STREET PORTION -OF THAT ctwrm PARCEL OF LAMI) DESCRIBED - DEDICATION IN DEED DOCUMENT No. 20730748, RECORDED JUNE 4j. 2010, SANTA CLARA COUNTY OFFICIAL RECORDS PAGE 2 OF 2 6A Y LAND CONSUL TING 0 '3c A A W LE ' '. . 0' LAND SURVEY/ ORSCIML ENGERS AWN SH BA YL AND -2005 DE LA CRUZ BLVD., SUITE INE 230 SANTA CLARA, CA DWO N6, 10072-1 0NSU,L77NG Ph; (408) 296-60D0 FAX: (408) 404-5579 JOB NO. 10072 87 On alu� )) before me, (Here insert name and title of the personally appeared jex) �' Z D N 1L 01 who proved to me on the basis of satisfactory evidence to be the person(s) whose natne(s) dare subscribed to the within instrument and acknowledged to me that tic /they executed the same in hisAieWtheir authorized capacity(ies), and that by laisg�wfthcir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. T certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I; .1 1 � � �; � 71'llC�)t��11 V`lJCiJt7t1 "IYIf -[171i DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) • Attorney -in -Fact • Trustee(s) ❑ Other 2008 Version CAPAv12.10.07800- 873 -5865 www.NotaryClasscs.com INSTRUCTIONS FOR COMPLETING THIS FORM Air) acknowledgment completed in California rrrusr contain verbiage exactly as appears abcne in the notary seciion or a separate acknowledgment form[ must be properly completed and attached to that doctmrent. The only exception is if a doe mnent is to be recorded outside of California. ht such inctancer am alternative acknowledgment verbiage as may be printed on sach a document so long as the verbiage does not require the notru y to do .something that is illegal for a notary in Calfainia (i.e. certifidng the authorized capacity of the signer). Please check the docrment carefullvfor notarial ur»'drng and attach this form if reg arred v State and County information must be the. State and County where the document signer(s) personally appeared before the notary public for acknowledgment. . Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. a The notary public must print his or her, name as it appears within his or her commission followed by a comma and then your title (notary public). . Print the name(-,) of document signer(s) who personally appear at the time of notarization. s Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshctthey, -is fare) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of docmment recording. - m The notary seal impression must be clear and photographically reproducible. Impression must _not cover text or lines. If seal impression smudges, re -scat if a sufficient area permits, otherwise complete a different acknowledgment farm. G Signature of the notary public must match the signature, on file with the office of the county clerk. 49 Additional information is not required but could help to ensure this acknowledgment is not misused or attached €o a different documcnt. •.' Indicate title or type of attached document, number ofpages and date. + Indicate the capacity claimed by the signer. If the claimed capacity is a corporate of eve, indicate the title (i,e. CFO, CFO, Secretary). a Securely attach this document to the signed document HERMOSA O O N 0 0 O o N o _ �. O N O C:) _ 10141 N N M C7� 0c) ti cp N N 00 00 00 00 N � N N N N N 10155 10156 Y. rn co 10168 °�° co 10165 N Lo T- N 00 O O co M N Lo O p _O _M 00 00 N r oo 10180 N N N N N N o N 10175 N LOMITA 10204 0 It o O M O p 0 0 00 DO O O M U T- 00 co co 00 N N N N CN N T- N N N N _o 10210 N 0 21825 10217 10222 0 N 21835 21815 O rn O rn Lo °�° L 00 ti 00 0`�° 0 T- N 10240 rn N r N N, N N N CA 21845 21805 0 N ALMADEN 10270 ao O o O O O O O 21800 N m N 0~o Lo co coo co 0o N co T- co N N N N N N N N 10284 10207 10290 10261 rn m o 10296 N _ o I- m T M o co ao RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, MIMI TSUI,10292 ORANGE AVENUE., APN 357 -19 -030 WHEREAS, Mimi Tsui, has executed a "Quitclaim Deed and Authorization ", which is in good and sufficient form, quitclaiming all 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 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 in the attached Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and 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 5th day of April, 2011, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino .X QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357 -19 -030 10292 Orange Avenue Cupertino, CA 95014 Mimi Tsui, Trsutee of the Mimi Tsui Living Trust dated May 20 2010 hereinafter referred to as the "GRANTOR ", this I t -hA day of �Aa rev , 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, 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" 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 of overlying lands in the said lot to take from said underground basin within the said lot 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 instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 91 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: Mimi Tsui (Acknowledgment and Notarial Seal Attached) M Exhibit A Real property in the City of CUPERTINO, County of Santa Clara, State of CA, described as follows: ALL OF LOT 5, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "TRACT NO. 97 OF NOONAN SUBDIVISION UNIT NO, 1, BEING A PART OF THE SW. 114 OF THE SECTION 14, T. SR. 2W., M.D.B. & M. ", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 3, 1939 IN BOOK "T' OF MAPS AT PAGE(S) 43, APN: 357 -19 -030 State of California County of fi OLAC4 OnGah 1 All before nee, L 4 t O r . , (1-fere insert name and tifle of the officer) personally appeared i &J I , o � who proved to me on the basis of satisfactory evidence to be the person(4whose name(s) is /aft subscribed to the within instrument and acknowledged to me that -fie /she /may executed the same in his /herltheir authorized capacity(i@4 and that by his/her/ r signature¢j) on the instrument the person(s), or the entity upon behalf of which the person{-]) acted, executed the instrument. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title} ❑ Paitner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed lrr California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be property completed and attached to drat document. The only exception !s if a document is to he recorded outside of Col fornia. In such instances, an]y alleinative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notaq to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). please check the document carefully for proper notarial weirding arrd atlach this form if required. • State and County information must be the State and County where the document signcr(s) porsonally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or hor. as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at tbo time of notarization. • Indieate the correct singular or plural farms by crossing off incorrect forms (i.e, helshelttaey� is lsro) or circling the correct forms, Failure to correctly indicate this information may lead to rejection of documcnt recording. • The notary seat impression must be clear and photographically reproducible. Impression must_ncf cover text or lines. If seat impression smudges, re -seal if a softfieient area permits, otherwise complete a different acknowledgment form, • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a'different document. Indicate title or typc of attached. document, number of pages and date, Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary.). • Securely attach this document to the signed document 2008 Version C:APA v12.10.07 800- 873 -9865 www.N6taryC]asses.com •ll N N N LOMITA O 10206 10195 102( O 00 M 00 00 00 00 DO r N N 00 00 N 10205 10210 10 N 04 N Q . Z 10208 10217 � 10218 10228 21825 10217 Q 21835 10216 1022310221 Q 10232 10238 0221 1 LO 21815 a 00 > > r N MN r ONO I 21845 21805 0) CA r O r N r N r Cfl I. r "' Ct N CO r O O 0000 c0 LO r N r— N N N N N N ALMADEN OLIVE 00 r O O O 21800 10260 21750 Co Co ti 00 00 00 00 0 N N O 10261 N j CV N N 10268 21736 _ti N O O 10207 21744 21738 10271 10276 21742 10261 10284 1028 r r 21740 N r � 000 r Co r 0 00 00 10292 `" N N N 21801 J 21730 N 00 00 00 1029' C.0 C.0 r SAN FERNANDO r r N° N 1031 10353 � O O 10315 LO 22198 22168 0 0 0 C) 00 0 103 0 N N N C14 10325. w N 103 z 103 10331 Q Co O 0 10 0 N 22138 N 10357 r r LO 10351 1 50 00 — r M 00 r N N 00 00 r Co CO M W O N N N N N N N 10361 =10361 :LC4_ N t10382 O 00 (.0 N 00 10381 00 N 00 tl0 N N C) O Co O ti TOCC) 00 O O ' c0i ---- F—_ CA • - Quitclaim D--• and Authorization f• •- • • • Water Rights 1 • Orange IN Cfl 00 r Recommended ' • ' • • • Resolution • `q 04, RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, HANTYNG KENNETH HSIEH AND JEAN LAI, 20557 BLOSSOM LANE, APN 359 -18 -033 WHEREAS, Hantyng Kenneth Hsieh and Jean Lai, have executed a "Quitclaim Deed and Authorization ", which is in good and sufficient form, quitclaiming all 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 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 in the attached Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and 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 5th day of April, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 35948 -033 2055`- Blossom Lane Cupertino, CA 95014 Hantvne Kenneth Hsieh and Jean.. L ai, husband and wife as Community Property with right of survivorship hereinafter referred to as the "GRANTOR ", this day of , 2011., hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, 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" 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 of overlying lands - n the said lot to tape from said underground basin within the said lot 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 instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance -and authorization is made for the benefit lot within the above described legal description and shall bind the 'owner of said loot within said legal description. 97 iN WITNESS WHEREOF, GRANTOR has executed this instnunent the day and year first above written. OWNERS: Hantyng Ke6eth Hsieh Ee- Jean Lai (Acknowledgment and Notarial Seat Attached) M State of California County of 011 rA WO q �� before me, � {__� M (Here inset t name and title of the officer) personally appeared P� & pUj(A j L tN b 3 t/A l who proved to me on the basis of satisfactory evidence to b eersol s those narn q PS1 1 11 S/ re ubscribed to the withnnl Strument and aCknovt+led ed to me that he/she e eeute rile 5a 1 ri1 e ea r utlior zeil capacity ies rand that by 11is /11er/ leir igtlatur (s n the instrument the person s , r the en tity upon behalf of which the perso s) cted, execute the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califonaia that the foregoing paragraph is true and correct. WITNESS any hand V A aw Signature of Notary Public F13,1011119 C1110F.IJK111124M DESCRIPTION OF THE E ATTACHED DOCUMENT V °�i ` �I 0k D ("Title or description of attached document) ('Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) I ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Ant aclotowledgment completed in California must contain verbiage exactly as rrppvars abore ;n the or a sWartrte acknowledgrnewi form must be proper-1y completed and attached to that document. The only exception is if a document is to be recorded outside of Callfonda. In .arch instances, any ahernatftw ackrrowledgruertt v erbiage as may be in•iniml on such a dacumcm so long as the wrblage does not r•equim the notai) to do santething that is illegal far a notary in Califomia (ix. ectilf) the aurhoi•ized capdeiry of the'signerJ. Please check Ibe doclonent tLI)V i11j >fnr jii'v er "itoidHal warding and wideb this farm if r 44tii ed • State and County information roust be rite State and County where the docurttcnt signer(s) personally appcareci trcfom the notary public for acknowledgment. • Date of notarization must be Ilse date that the siguer(s) personally appeared which must also be the same date the acknowledgmeni is completed. a Tite notary public must print his or her . .name as it appears within his or her commission. followed by a comma and then your title (notary public). ® iirint the name(5) of document signers) who personally appear at the time of notarization. indicate the correct singular or plural forms by crossing off incorrect forms (i,c. Wsltc/tmy; is /afe) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of doctintcnt'recording. ® The notary seal impression must he clear and photographically reproducible. Impression must nol cover text or lines. If seal impression smudges, rc -scal if a sufficient area permits, othenvisc complete a different acknowlcdgment form. * Signature of the notary public must match the signature on file with the office of the county clerk. 4 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of allached document, number of pages and date. lndicato the capacity claimed by the signor, If the claimed capacity is a curpome officer, indicate Ste title (i.e. CEO, CFO, Secretary). * SSomrelyattach this documcnt to the signed document ial seal. t, t'1 Q (Notary Seal) ALLAN B. ARANETA COMM. # 1857004 IA 3: NOTARY PUBLIC-CALIFORNIA Vl -. n_ ».«...��t SAM CLARA COUNTY P LOr8t. EXP. AUG� 201 L -- .-.*� -moo• >. 200$ Version CAPA v 12.10.07 800- 873 -4865 ww%v.NotaryClasses.com 100 z i® 10520 10597 10596 10615 10614 m m ° o o 10645 LO o 0 0 514 O N LO LO O O 10536 N N O N ` N N 10535 -10540 10544 ° m Lo 10547 `n ° N � LO ° o N 0 N 10525 10552 10559 BLOSS U . 10566 10571 z 10574 O LO O LO O N �0�� O 04 04 10580 10583 ui 10594 x .10610 10601 1062 10615 20 63 20565 0') 10617 LO 10619 1 648 ° It N O O r ON N I r 10597 10596 10615 10614 F 10628 10629 20635 10645 10594 x .10610 10601 1062 10615 20 63 20565 0') 10617 LO 10619 1 648 ° It N O O r ON N I r RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, PAUL A. LAS SA AND PALMYRA S. PAWLIK, 21700 ALCAZAR AVE., APN 357 -19 -109 WHEREAS, Paul A. Lassa and Palmyra S. Pawlik, have executed a "Quitclaim Deed and Authorization ", which is in good and sufficient form, quitclaiming all 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 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 in the attached Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and 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 5th day of April, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 102 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 35719 -109 21700 Alcazar Ave Cupertino, CA 95014 rights of survivorshiu, hereinafter referred to as the "GRANTOR ", this day of March 2011, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, 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" 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 of overlying lands in the said lot to take from said underground basin within the said lot 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 instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 103 IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWN-DRS Paul ,'k. Lassa Palmyra S. Pawlik (Acknowledgment and Notarial Seal Attached) State of Ca ifornia County of �cq )ss. On 0 ,'},i r f before U • ` Notary Public, personaliyappeared [s who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) Ware subscribed to the ,Nitnin instrument and acknowledged tome that hehshelthey executed the same in hislherltheir authorized capacity(lez), and that by hislher /their lion ture(s) on the instrument the person (s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing par g pn is true and correct. WITNESS my hand and officiat seal. StateofCalitornia County of ss. On .1 Q U I f before e v a Notary Public, personally appeared who proved to nrm on the basis of satisfa ofy evidence to be the persons) whot;e name(s) Is/are subscribed to the w^ tnin Instrument and acknowledged to me that hE,lshelthey e:yecuter+. ih:: same in hislherltheir authorized capacity(ies), and that by hislherltheir sigri1ure(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. [certify under PENALTY QF PERJURY under the laws of tire State of California that the foregoing . r graph is true and correct. WITNESS my hand and official seal. StINI ?� ; ivl I °I f�mti�ss an a� I$4�169 � Notary Pui)itc _ Calif ornia m Z ` % nta Clara County rE7 =� �ir� Nor tS, 2012 Su dM1 l' ,i A Commission l3irJ1G9 7 Notary Public Cahfd €r'ta Santa Clara Gounty it r env i8 2G12 104 K 14' t2o .) THE LAND REFERRED TO HEREIN BELOW IS SMATED IN THE MY OF CUPERTINO , COUNTY OF SANTA CLARA, STATE OF CALIF(MNIA, AND IS DESCRIBED AS FOLLOWS. Parcel One: Lot 17, as shown upon that certain map entitled, °Tract No. 300 Map of Noonan Subdivision Unit No. 2" which Map was filed for record In the office of the Recorder of the County of Santa Clara, State of CalVwrda on May 6, 1946 in Book 10 of Maps, at page 16. Parcel Two: Commencing at the h'lost Northerly Corner of Lot 17 Tract No. 300 as shown upon that certain Map recorded In Boat 10 of Maps at page 16 records of said Santa Clara County, said comer being the most Easterly terminus of Alcazar Avenue as shown upon said Map; thence South 0 00' 30" East along the Easterly Una of said Lot 17 a distance of 25.00 feet; thence South 89° 49' 50" West a distance of 8.71 feet to the true point of beginning and a point In the right of way One of Saki Akamr Avenue, and a point of c wp on a carve omxave Westerly having a radius of 40.00 feet; thence 5outhe ty, SoMwesteriy and Westerly along leak mentioned right of way line and curve, a radial from which bears North 51 29'.15 West through a central angle of 81 42' S8" an arc dlstarM of 57.05 feet to a point in the Westerly line of sold Lot 17; thence North 0 Obi' 10" West along last mentioned Westerly One a distance of 9.50 feet; thence North 89 49' 50 east a stance of 51.46 feet to the true point of beginning. 105 `N 10325 - N 10355 10330 _ ;: Q 10350 10331 M 10340 N 22138 N 10357 a 1 0354 co 10351 10350 r N r `* ~ co ti co LL m ° 10360 10361 10360 N N N N 10361 10371 r r N N ALCAZAR 10380 10381 10382 0 C) 0 M o ti o °o m m 10390 10394 ti N N N T N o 1041.1 N N 10400 10405 w C9 10408 c, (bb 10410 10421 < 269 ^� 10415 5 �5` 00 O 2 10420 4 N 10420 10425 ~ mn 10430 DOLORES 10435 10450 N r 1706 N 10440 10445 10445 NOONAN 76 10450 10455 10470 10455 1 ti 26 10460 N N N 10465 10480 10491 � N J 10470 co rl_ 10490 N N N N N c 10475 W 10480 N MCCL LAN 21710 RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, JERRY JIN -TZONG LIU AND JENNIFER FANG FANG, 21835 LOMITA AVE., APN 357 -16 -063 WHEREAS, Jerry Jin -Tzong Liu and Jennifer Fang Fang, have executed a "Quitclaim Deed and Authorization ", which is in good and sufficient form, quitclaiming all 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 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 in the attached Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said "Quitclaim Deed and Authorization" so tendered; and 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 5th day of April, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk am - slum Mayor, City of Cupertino 107 QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS APN 357 -16 -063 21835 Lomita Avenue Cupertino, CA 95014 Jerry Jin -Tzong Liu and Jennifer Fang Fang, husband and wife as community property with right of survivorship hereinafter referred to as the "GRANTOR ", this day of 201 4, hereby grants, bargains, assigns, conveys, remises, releases and forever quitclaims unto the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "GRANTEE ", its successors and assigns, all the rights, titles, interests, estates, claims and demands, 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" 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 of overlying lands in the said lot to take from said underground basin within the said lot 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 instrument shall be deemed to authorize GRANTEE to enter upon any of the lot delineated upon the above described legal description or to authorize GRANTEE to make any withdrawal of water which will result in damage to any building or structure erected upon said lot. This assignment, conveyance and authorization is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. 1: IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: erry Jin -Tzong Liu Jennifer Fang lf�ng (Acknowledgment and Notarial Seal Attached) 109 EXHIBIT "A" All that certain Real Property in the City of Cupertino, County of Santa Clara, State of California, described as follows: The Westerly 40.15 Feet, front and rear measurements, of Lot 75, as shown upon that certain Map entitled "Map of Subdivision "A" of Monta Vista ", which Map was filed for record on April 11, 1917 in Book "P ", Page 20 of Maps, Records of Santa Clara County, California. APN: 357 -16 -063 State of Califomia County of %'V�k On OfA� AIM 1 before me, personally appeared I� (Here insert name and €itleorthe officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Varc subscribed to the within instrument and acknowledged to me that he c /they executed the same in hWher /their authorized capacity(ies), and that by der /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, d ANGELA GONZALEZ WITNESS in hand and ial seal o COMM. #1873370 z a Notary Public • California Santa Clara County F My Comm. Expires Dec. 17, 2013 _.. (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT {Title or description of attached document) (Title or deiallption of attached document eonth ed) Number of Pages 1 Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER. 0 Individual (s) Q Corporate Officer (Title) • Partner(s) • Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbrage exactly as appeals above nr the notary section or a separate acknowledgment form inust be pr1operly completed and attached to that document, The only exception is if a document is to be recorded outside of California. In such Instances, any alternative acknoivIedgrmeru verbiage as may be printed an such a document so long as the verbiage does notr equiie the notary to do something that is illegal fur a notary in Califorwia (I.e. certifying the authorized capacity of the signer Please check the document carefully for proper riolat'ral warding and attach this form 1f required. • State and County information must he the State and County where the document signcr(s) personally appeared before the notary public fur acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his. or her - .name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the naine(s) of document signer(s) who personally appear at the time, of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ltelshclthey —is /are) or circling the correct Forms. Failure to correctly indicate this information may lead to rejection afdocument recording. • The notary seal impression must be clear and photographically reproducible. Impression must. .=A cover text or lines. If seal impression smudges, re -seal if a sufficient area permits otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a diffcrcnt document, Indicate title or type of attached document number ofpages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (Le. CEO, CEO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800 -873 -9865 www.NotaryClasses.com 111 HERMOSA O O N 0 0 O o N o _ �. O N O C:) _ 10141 N N M C7� 0c) ti cp N N 00 00 00 00 N � N N N N N 10155 10156 Y. rn co 10168 °�° co 10165 N Lo T- N 00 O O co M N Lo O p _O _M 00 00 N r oo 10180 N N N N N N o N 10175 N LOMITA 10204 0 It o O M O p 0 0 00 DO O O M U T- 00 co co 00 N N N N CN N T- N N N N _o 10210 N 0 21825 10217 10222 0 N 21835 21815 O rn O rn Lo °�° L 00 ti 00 0`�° 0 T- N 10240 rn N r N N, N N N CA 21845 21805 0 N ALMADEN 10270 ao O o O O O O O 21800 N m N 0~o Lo co coo co 0o N co T- co N N N N N N N N 10284 10207 10290 10261 rn m o 10296 N _ o I- m T M o co ao RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES, FROM MIMI TSUI, 10292 ORANGE AVENUE, APN 357 -19 -030 WHEREAS, Mimi Tsui., has executed a Grant of Easement for roadway purposes, which is in good and sufficient form, granting the City of Cupertino, County of Santa Clara, State of California, easement over certain property for roadway purposes situate at 10292 Orange Avenue, more particularly described in Exhibit "A" and Exhibit "B ", attached hereto and made a part hereof. 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 5 th day of April, 2011 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 113 GRANT OF EASEMENT FOR ROADWAY PURPOSES 10292 Orange Avenue APN 357 -19 -030 Mimi Tsui, Trustee of the Mimi Tsui Living Trust dated May 20, 2010, 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 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 �a y of P44, x ' -2011. Owner: Al"-L �- Mimi Tsui (Notary acknowledgment to be attached) 114 All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being the westerly five feet of Lot 5 of Tract loo. 97, Noonan Subdivision Unit No. 1, a map of which was filed on April 3, 1939 in Book 3 of Maps a Page 43, in the Office of the Recorder of said County, and being a five foot wide strip of land described as fallow: Beginning at the northwesterly corner of said Lot on the easterly right of way line of Orange Avenue, 40 feet in width, as shown upon said Map; Thence along the northerly lime of said Lot, South 89 deg. 58 min. East 5.40 feet; Thence parallel with the centerline of said Orange Avenue and distant therefrom 25 feet (right angle measure) South 50.24 feet to the southerly line of said Lot; Thence along said We North 89 deg. 58 min. Nest 5.00 feet to the south- westerly corner of said Lot; Thence .along the westerly but thereof, Forth 50.24 feet to the point of begmnniaag. Containing 251.2 square feet, more or less. Refer to EXIHBIT "B ", PLAT, which is hereby made a part of this description. J %pf ESSfpy� Address: 10292 Orange Ave., Cupertino, CA �� p k. H4A APN 357-19,030 / ' Date: January 12, 2011 3 �� . "` no. c 1 Prepared by: Edgard I Hahamian, RCE .. . . ..... ... -.... 115 I M j All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being the westerly five feet of Lot 5 of Tract loo. 97, Noonan Subdivision Unit No. 1, a map of which was filed on April 3, 1939 in Book 3 of Maps a Page 43, in the Office of the Recorder of said County, and being a five foot wide strip of land described as fallow: Beginning at the northwesterly corner of said Lot on the easterly right of way line of Orange Avenue, 40 feet in width, as shown upon said Map; Thence along the northerly lime of said Lot, South 89 deg. 58 min. East 5.40 feet; Thence parallel with the centerline of said Orange Avenue and distant therefrom 25 feet (right angle measure) South 50.24 feet to the southerly line of said Lot; Thence along said We North 89 deg. 58 min. Nest 5.00 feet to the south- westerly corner of said Lot; Thence .along the westerly but thereof, Forth 50.24 feet to the point of begmnniaag. Containing 251.2 square feet, more or less. Refer to EXIHBIT "B ", PLAT, which is hereby made a part of this description. J %pf ESSfpy� Address: 10292 Orange Ave., Cupertino, CA �� p k. H4A APN 357-19,030 / ' Date: January 12, 2011 3 �� . "` no. c 1 Prepared by: Edgard I Hahamian, RCE .. . . ..... ... -.... 115 0 - �r, i BeYl rrrr 05 ' 5*9 .s 134. (5V De,�Ic�af Area- r �o ..'- TRACT 97 A P-5 45 4 I a 1: Cie i{ Iz `/ UM F EIZWA M a4 AV E X I a /'T . DEDICA7"ION FLAT FJR R oAIWA)l A ND U rIOTIES P x'05 Td C/7'1 O F CUPf)Qr1A1 AP0. 357-/ 116. CALIFO ALL- CE O ACKN State of California County of ' 5rA mil - 6 L r f 4C Can ma mb "-'2 before me, insert name and title of the otticor) personally appeared , , who proved to nee on the basis of satisfactory evidence to be the person{ -s} whose name(s) is /af"ubscribed to the within instrument and acknowledged to me that-he/she/t executed the same in his /her /tom authorized capacity{i@*), and that by lira /her /t# r signature(s) on the instrument the person(%), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADDITIONAL, OIPTIONAL. INFORMATION D OF THE ATTACHED DOCUMENT rail - � a� f (j Sf03 "l (Ti €le or description of attached doctuzment) ("title or description of at ached document continued) N €unber of Pages __3 Document Date J r3 V (Additional information) CAPACI'T'Y CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partnet`(s} ❑ Attorney-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California nmst contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is tf a document is to be recorded outside of California. In such instances, any allemative aeknowledgntent verbiage as may be printed on such a document so long as the verbiage does not requhie the notary to do sonteihing that is Illegal for a notary in California (i.e, cer7ifying the authorized capacity of the signer). Please check the document carefully for propernotorial wording and attach this form f required. • State and County information must he the State and County where the document signor(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or hcr,name as it appears within his or her commission followed by a comma and then your title (notarypublic). • Print the name(s) of document sigucr(s) who personalty appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i,c, he /she is /are) or circling the correct forms. failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must.no! cover text or lines. If seal impression smudges, re -seal if a softicicnt area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document, 48 Indicate title or type of attached docurnmt,.number of pages and date, Indicate, the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800- 873 -9$65 rnvw.NotaryClasscs,com 117 N N N LOMITA O 10206 10195 102( O 00 M 00 00 00 00 DO r N N 00 00 N 10205 10210 10 N 04 N Q . z 10208 10217 � 10218 10228 21825 10217 Q 21835 10216 1022310221 Q 10232 10238 0221 1 LO 21815 a 00 > > r N MN r ONO I 21845 21805 0) CA r O r N r N r Cfl I. r "' Ct N CO r O O 0000 c0 LO r N r— N N N N N N ALMADEN OLIVE 00 r O O O 21800 10260 21750 Co Co ti 00 00 00 00 0 N N O 10261 N j CV N N 10268 21736 _ti N O O 10207 21744 21738 10271 10276 21742 10261 10284 1028 r r 21740 N r � 000 r Co r 0 00 00 10292 `" N N N 21801 J 21730 N 00 00 00 1029' C.0 C.0 r SAN FERNANDO r r N° N 1031 10353 � O O 10315 LO 22198 22168 0 0 0 C) 00 0 103 0 N N N C14 10325. w N 103 z 103 10331 Q Co O 0 10 0 N 22138 N 10357 r r LO 10351 1 50 00 — r M 00 r N N 00 00 r Co CO M W O N N N N 1 60 N N N 10361 =10361 :LC'4_ N CAZAR O 00 N (.0 00 10381 10382 00 N tl0 N tl0 N O O CO O ti � O O O N • - • • '•.• Purposes 1 • • •- CA (.0 00 Recommended Action: Adopt Resolution N 104, RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR STREETLIGHT PURPOSES, FROM VINCENT C. WONG SENIOR AND VINCENT C. WONG JUNIOR, 18996 PENDERGAST AVENUE, APN 357 -34 -039 WHEREAS, Vincent C. Wong Senior and Vincent C. Wong Junior., have executed a Grant of Easement for streetlight purposes, which is in good and sufficient form, granting the City of Cupertino, County of Santa Clara, State of California, easement over certain property for streetlight purposes situate at 18996 Pendergast Avenue, more particularly described in Exhibit "A" & Exhibit "B ", attached hereto and made a part hereof. 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 5 th day of April, 2011 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 119 GRANT OF EASEMENT FOR STREETLIGHT PURPOSES APN 375 -34 -039 18996 Pendergast Avenue Vincent C. Wong Senior and Vincent C. Wong Junior grants to the CITY OF CUPERTINO for streetlight purposes, together with the right to construct, repair, operate, and maintain any and all improvements which shall be or become necessary for operation of the streetlight, the hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and is described as follows: (See Exhibit "A" & "B ") IN WITNESS WHEREOF, executed this I ' day of A P- , 201 va� Owner(s): 0 - Vince Wong '. i �, a C , 6' v incenr . w ong auB (Notary acknowledgment to b ached) 0 CUA, 7 AL�k S)&e � � wig �Q/ 120 CALIFORNIA ALL- PURPQSE ACKNOWLEDGMENT State of Californi �f County of `�/ " } On � 6, �2 � 11 before me, @t v �siC > /�Url � o (insert name and title f the officer) c �o �eP.t/�$ C � � personally appeared !/V AAA who proved to me on the basis of satisfactory evidenza4c be the person(s) whose name(s) ,Vlare subscribed to the within instrument and acknowledged to me that he/ my executed the same in his /heH*tesr authorized capacity(ies), and that by hislhQWbAksignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true anti correct. WITNESS my hand and official seal. Signature VARISH MODI rpi COMM. NO.1882559M Md NOTARY PUBLIC -CALIFORNIA g V SANTA CLARA COUNTY OW EXPIRES APRIL 9, 2014 aa® racaa�aaa� ®n�alne9e�mrare�aasi® OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache ocu6nt � QD Title or Type of Document• Document Date: - / Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Signer's Name: gamed b y Signer(s) a. ?e 0 Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact © Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: 0 1495 Nationat Nolary Assooiallan - 6736 Rammet Ave., P.O. Box 7194 • Canoga Park, CA 91349.7184 ` jSea Prod. No. 5997 . Reardar. Call Toll -Free 1 - e40.876.6927 121 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ �artner -- ❑ Limited ❑ General rK ttorney -in -Fact ❑ Trustee ❑ Guardian or Conservator _ ;- ❑ Other: 10� here � �1t Sig r is Representing: � 0- Tom„ i�A C 'Vl,! v, O !\ �� I 0 1495 Nationat Nolary Assooiallan - 6736 Rammet Ave., P.O. Box 7194 • Canoga Park, CA 91349.7184 ` jSea Prod. No. 5997 . Reardar. Call Toll -Free 1 - e40.876.6927 121 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 127 AS SAID LOT IS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 1088" FILED IN BOOK 42 OF MAPS, PAGES 24 THROUGH 29 IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY, PARTICULARLY DESCRIBED AS FOLLOWS: BEING THE SOUTHWESTERLY 2.00 FEET OF THE NORTHEASTERLY LINE OF LOT 127 AND BOUNDED BY THE NORTHERLY LINE AND THE SOUTHERLY LINE OF SAID LOT 127 AS SAID LOT IS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 1088" FILED IN BOOK 42 OF MAPS, PAGES 24 THROUGH 29 IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 127 AS SAID LOT IS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 1088" FILED IN BOOK 42 OF MAPS, PAGES 24 THROUGH 29 IN THE OFFICE OF THE COUNTY RECORDER OF SANTA CLARA COUNTY, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PENDERGAST AVENUE AS SAID LINE IS SHOWN ON SAID MAP; THENCE LEAVING SAID SOUTHERLY LINE OF PENDERGAST AVENUE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 127 SOUTH 19 °52'27" EAST 120.37 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 127; THENCE LEAVING SAID NORTHEASTERLY LINE OF LOT 127 WESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 127 SOUTH 83 °35'21" WEST 2.06 FEET; THENCE LEAVING SAID SOUTHERLY LINE OF LOT 127 NORTHWESTERLY ALONG A LINE PARALLEL AND 2.00 FEET PERPENDICULAR TO THE SAID NORTHEASTERLY LINE OF LOT 127 NORTH 19'52'27"W - EST 120.71 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 127, SAID LINE ALSO BEIN THE SAID SOUTHERLY LINE OF PENDERGAST AVENUE, SAID POINT ALSO BEING SOUTH 87 °39'53" EAST 2.16 FEET FROM THE SAID NORTHEASTERLY CORNER OF LOT 127; THENCE EASTERLY ALONG THE SAID NORTHERLY LINE OF LOT 127 SOUTH 87 °39'53" EAST 2.16 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 241.08 SQUARE FEET +1- (0.006 ACRE +1 -) SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED UNDER ME OR UNDER MY DIRECT SUPERVISION CLA ° f f 2- 901) ALEJO M ASCUAL JR. RCE 27629 DATE REGISTRATION EXP. MARCH 31, 2012 PREPARED BY THE FIRM OF AL PASCUAL & ASSOCIATES, INC. 841 MONTEVINO DRIVE PLEASANTON, CA. 94566 122 PENDERGAST AVENUE N gyp o 0= 0'53'51" R= 830.00 ,p O � L =13.00 _7'39 "W 39 5.08' O5 363.68' POINT OF uj I I + BEGINNING ,�, I " Lj_ N87'39'53 "W 48.68' - (] 56.52 2.16' CN v� z I L LJ Q % � \ A ll LOT 127' , U TRACT NO. � �s ��� ` BK 42 PGS 24 -27 ��'4 a ILV ( IN FEET ) 1 inch = 30 ft. QR pFES5 / q NO. v z ¢ C 27629 rr Lo ) EXPIRES 3Z � 2072 qT� OF CAQ 3� 9' N83'35'21'E 10 LEGEN f PUE AL PASCUAL & ASSOCIATES, INC. ENGINEERS - PLANNERS - SURVEYORS 841 MONTEVINO DRIVE PLEASANTON, CALIFORNIA (925) 487 -4163 EX. MONUMENT PUBLIC UTILITY EASEMENT PROPERTY BOUNDARY EASEMENT LINE CENTER LINE PLAT TO ACCOMPANY LEGAL DESCRIPTION 18996 PENDERGAST AVENUE CUPERTINO SANTA CLARA COUNTY CALIFORNIA SCALE: AS SHOWN FILE NO: PENDERGAST DATE: MARCH, 2011 DRAWN BY: STAFF CHECKED BY: AP SHEET 1 OF 1 123 BARNHART 10510 19090 O O O O O O I- M N CD CD O O O O O O � O O O p O °' °' 10510 18980 00 00 rn 10520 LO �0 LO LO LO LO LO J c5` c3 O CO N °S ` M C) C) rn 10540 18981 L o ao � 6',7 00 00 106, - 9 PENDERGAST 10 >, 19050 0 `S6 7 T 10585 > It d °S6 7 �0 � a) 1895 410561 CO 7 0 ^ J 7 70592 J 9 O J �° `9 Cr 10591 OS 1 °6 ss�, 06 00 '0 o 7 70677 JO 90 �O �°� 0610 00 ? 9 W 7 10619 '06x 706 U 0 610 0 620 10 2S °0 10 611 Z) 106 62, 7062 X063 'o ~ 0 1 063,6 10630 70647. °0;p° 0 10640 106 45 106 10649 706 00"0 10621 10620 1 0650 4 0 10658 1 0650 1065 10 10660 0 1 10665 LIDO 10660: 10665 ° 10672 10673 10672 10673 ° 00 (D eo eo LO 7 00 00 'IT 10684 m 00 � N 10685 O 00 0 j 10684 10685 O 00 10696 HUNTER.. 10697 10696 10697 O 10708 00 10709 10708 0 CD 10709 ° CO 10 .- of . r Streetliaht Purooses Won. Senior and Vincent C Wona Junior :••. I w RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES, JERRY JIN -TZONG LIU AND JENNIFER FANG FANG, 21835 LOMITA AVENUE, APN 357-16-063 WHEREAS, Jerry Jin -Tzong Liu and Jennifer Fang Fang., have executed a Grant of Easement for roadway purposes, which is in good and sufficient form, granting the City of Cupertino, County of Santa Clara, State of California, easement over certain property for roadway purposes situate at 21835 Lomita Avenue, more particularly described in Exhibit "A ", attached hereto and made a part hereof. 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 5 th day of April, 2011 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 125 GRANT OF EASEMENT FOR ROADWAY PURPOSES 21835 Lomita Avenue APN 357 -16 -063 Jerry Jin - Tzong Liu and Jennifer Fang Fang, husband and wife as community Property with right of survivorship, 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 , hereinafter described property which is situated in the City of Cupertino, County of Santa Clara, State of California, and as described as follows: (See Exhibits "A) IN WITNESS WHEREOF, executed this SiA day of Ma LI- 1 4 , 2011. Owner: J Jin -Tzong Liu 21 J- - � Jennifer Fang Fan (Notary acknowledgment to be attached) 126 EXHIBIT "A" LEGAL DESCRIPTION 5' WIDE STREET DEDICATION BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED DOCUMENT NUMBER 20730748, RECORDED JUNE 4, 2010, SANTA CLARA COUNTY OFFICIAL RECORDS (See Bay Land Consulting Dwg. No. 10072 -1 attached hereto and made a part hereof) All that certain real property in the City of Cupertino, County of Santa Clara, State of California described as follows: A portion of that certain parcel of land described in deed document number 20730748, recorded on June 4, 2010, Santa Clara County Official Records, more particularly described as follows: The Southerly 25.00 feet of the Westerly 40.15 feet of Lot 75, as shown upon that certain Map entitled "Map of Subdivision "A" of Monta Vista, which map was filed for record on April 11, 1917 in Book "P ", page 20 of maps, Records of Santa Clara County, California and containing 1,003.75 square feet, more or less. END OF DESCRIPTION ® LAND M. a - .752' OF CA1.1F I ® Page 1 of 2 127 LOT 64 L 0 T 74 Lo o O N V7 O d-- N d {n � Cp N Q O QD 00 �° C n z� LL W L O T N O J Lo LOM I TA I" rn I r H D O WEST 40.15' LOT 63 » „ EXHIBIT A 5 ' STREET DEDICATION 5' STREET PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED DEDICATION IN DEED DOCUMENT NO. 20730748, RECORDED JUNE 4, 2010, SANTA CLARA COUNTY OFFICIAL RECORDS PAGE 2 OF 2 SCALE: 1 " = 10' BA Y LAND CONSUL TING - DA- E ............... 3710 LAN BA YL 2005 DE R LA E CRUZ / CIVIL BLVD., E NGINEERS 230 5N CONSULT /NG SANTA CLARA, CA 95050 DWG NO. 10072 -1 Ph: (408) 296 -6000 FAX: (408) 404 -5579 JOB NO. 10072 128 Lo o O V7 O O Li rr7 O QD �° N c z� LL W L O T 5 w N Ka .) PGs 20 » „ EXHIBIT A 5 ' STREET DEDICATION 5' STREET PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED DEDICATION IN DEED DOCUMENT NO. 20730748, RECORDED JUNE 4, 2010, SANTA CLARA COUNTY OFFICIAL RECORDS PAGE 2 OF 2 SCALE: 1 " = 10' BA Y LAND CONSUL TING - DA- E ............... 3710 LAN BA YL 2005 DE R LA E CRUZ / CIVIL BLVD., E NGINEERS 230 5N CONSULT /NG SANTA CLARA, CA 95050 DWG NO. 10072 -1 Ph: (408) 296 -6000 FAX: (408) 404 -5579 JOB NO. 10072 128 o O O w Li N O �° o z� LL W L O T 5 w U Ka .) PGs 20 O 40.15' O » „ EXHIBIT A 5 ' STREET DEDICATION 5' STREET PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED DEDICATION IN DEED DOCUMENT NO. 20730748, RECORDED JUNE 4, 2010, SANTA CLARA COUNTY OFFICIAL RECORDS PAGE 2 OF 2 SCALE: 1 " = 10' BA Y LAND CONSUL TING - DA- E ............... 3710 LAN BA YL 2005 DE R LA E CRUZ / CIVIL BLVD., E NGINEERS 230 5N CONSULT /NG SANTA CLARA, CA 95050 DWG NO. 10072 -1 Ph: (408) 296 -6000 FAX: (408) 404 -5579 JOB NO. 10072 128 i is 1 State of California County of R On before me, ki (Here insert name and title of the personally appeared C kVO 3 e W� "I - k- who proved to me on the basis of satisfactory evidence to b e the person(s) whose name(s) subscribed to the within instrument and acknowledged to me that l he/they executed the same in h rltheir authorized capacity(ies), and that by bier /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) W�OdA (Title or deschipti6n of d1tached document continued) Number of Pages L l Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) • Partner(s) • Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notaty section or a separate acknowledgment.fbinn must be properly completed and attached to that document. The. only exception is if a document is to be recorded outside of California. In such instances, any altetnalive acknowledgrarent verbiage as may be printed on such a document so long as the verbiage does riot require fire notary to do something that is Wlegal fur a notaiy in California O.e. certi6>ing the authorized capacity of the signet). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signcr(s) personally appeared before the notary public for acknowledgment. • bate of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. helshelthey is /m) or circling the correct forms. failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not, cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. h Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document, +r lodicato title or type of attached document number of pages and date. v Indicate the capacity claimed by the signer. If the claimed capacity is a corporate.officer, indicate the title (Le_ CEO, CFO, Secretary). • Securely attach this document to the signed document 1048 Version CAPA vl2.10.07 500 -873 -9865 www.NotaryClasses.corn 129 HERMOSA O O N 0 0 O o N o _ �. O N O C:) _ 10141 N N M C7� 0c) ti cp N N 00 00 00 00 N � N N N N N 10155 10156 Y. rn co 10168 °�° co 10165 N Lo T- N 00 O O co M N Lo O p _O _M 00 00 N r oo 10180 N N N N N N o N 10175 N LOMITA 10204 0 It o O M O p 0 0 00 DO O O M U T- 00 co co 00 N N N N CN N T- N N N N _o 10210 N 0 21825 10217 10222 0 N 21835 21815 O rn O rn Lo °�° L 00 ti 00 0`�° 0 T- N 10240 rn N r N N, N N N CA 21845 21805 0 N ALMADEN 10270 ao O o O O O O O 21800 N m N 0~o Lo co coo co 0o N co T- co N N N N N N N N 10284 10207 10290 10261 rn m o 10296 N _ o I- m T M o co ao COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cuper ino.org UPERTINO CITY COUNCIL STAFF REPORT Meeting: April 5, 2011 Subs ect Alcoholic Beverage License, Bonjour Sandwiches & Crepes, 20371 Stevens Creek Boulevard (near Torre) Recommended Action Approve application for On -Sale Beer & Wine for Bona Fide Public Eating Place Description Name of Business: Bonjour Sandwiches & Crepes Location: 20371 Stevens Creek Boulevard Type of Business: Restaurant Type of License: On -Sale Beer & Wine for Bona Fide Public Eating Place (41) Reason for Application: Original & Annual Fees, State & Federal Fingerprints Discussion 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. License Type 41 authorizes the sale of beer and wine for consumption on the premises where sold. Prepared by: Traci Caton, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David W. Knapp, City Manager Attachment: Application for Alcoholic Beverage License 131 MAR -25 -2011 09:27 CAABC SAN JOSE 408 971 9421 P.02 4 t , Department of Alcoholic Beverage Control State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) TO :Departtnent of Alcoholic Beverage Control rile Number: 508885 100 PASEO DE SAN ANTONIO} Receipt Number; 2044612 ROOM 119 Geographical Code: 4303 SAN JOSE, CA 95113 Copies Mailed Date: March 11), 2011 (408) 277 -1200 Issued Date: DISTRICT SERVING LOCATION: SAN JOSE First Owner: BONJOUR CREPE COMPANY Name of Business: BONJOUR SANDWICHES & CREPES Location of Business: 20371 STEVENS CREEK BLVD CUPERTINO, CA 95014 -2225 County: SANTA CLARA Is Premise inside city limits? Yes Census Tract 5081.01 Mailing Address: (If different from premises address) Type of Iicense(s): 41 Transferor's license /name: Dropping Partner. Yes No License T e Transaction Tune Fee Type Master Dun Date Fee 41 - On -Sale Becr And wine ANNUAL FEE NA Y 0 03/10/11 $350,00 41 - On -Salt Beer And Wine ORIGINAL FEES NA Y 0 03110111 $300.00 NA FEDERAL FINGERPRINTS NA N 2 03 /1011.1 $48.00 NA STATE FINGERPRINTS NA N 2 03/10/11 $78.00 Total 5776,00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above yuostions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on -sate licensed premises will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SANTA CLARA Date: March 10, 2011 Under penalty of perjury, each parson whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in ilia foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be condLicted under the license(s) for which this application is made: (4) that the transfer application or proposed transfer is not made to satisfy tine payment of a loan or l0 1941 fill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or cstablish a preference to or for any creditor or transferor of to dofraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) Applicant Signature (s) BONJOUR CREPE COMPANY 132 TOTAL P.02 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cupertino.org UPERTIN CITY COUNCIL STAFF REPORT Meeting: April 5, 2011 Subiect Community Development Block Grant (CDBG) funds, Human Service grants, and FY 2011 Annual Action Plan Recommended Action Conduct public hearing and continue final approval of the funding allocations and FY 2011 Annual Action Plan to May 3 to complete the 30 -day review period. Description This is the first of two required public hearings regarding use of 2011 -12 CDBG funds, Human Service grants, and the FY 2011 Annual Action Plan. Discussion CDBG Program The City of Cupertino is expecting to receive a CDBG entitlement of approximately $422,719 for fiscal year 2011 -12, plus a reallocation of $10,300 in projected program income from rehabilitation loan payoffs for a total of $433,019. Since the federal budget has not been approved, this entitlement may be reduced prior to the July allocations in which case the City's Affordable Housing Fund (funded by BMR fees) will be used to make the construction projects whole. A detailed discussion is provided later in this report. However, the public service agencies could see a reduction in funding because of the 15% cap on public service agency funding per the Department of Housing and Urban Development (HUD) regulations. This is Cupertino's ninth year as an entitlement jurisdiction receiving the CDBG grant directly from HUD and the second year of a two -year public service funding cycle. HUD regulations require that projects selected for funding benefit very low and low- income households, eliminate a blighted area, or address an urgent (emergency) community need. In addition, only certain types of activities qualify under the CDBG regulations. Examples of eligible activities are: • Removal of barriers to the handicapped • Public improvements • Public service activities • Affordable housing developments • Property acquisition for affordable housing • Rehabilitation of affordable units Of the $433,019 (entitlement plus program income), only 20 %, or $86,604, may be used for administration of the program and fair housing services and 15 %, or $64,952, may be used to fund public service activities. Public service activities must benefit very low and low- income households and include activities such as childcare, placement services, senior legal services, etc. The remainder of the grant ($281,463) can only be used for activities such as the purchase of land for affordable housing, rehabilitation of qualifying units, construction of affordable units and public 133 April 5, 2011 Page 2 of 4 Community Development Block Grant (CDBG) funds, Human Service grants, and FY 2011 Annual Action Plan improvements in low and very -low income neighborhoods. Attachment B provides a summary of the funding allocations. As mentioned earlier, this is the second year of the two -year public service funding cycle. In February 2008, the City Council voted to move to a two -year funding cycle to reduce the length of public hearings and reduce the amount of time non - profit agencies spend preparing applications for funding. Although the City Council made recommendations for funding public service agencies and human service grant funding last year, annual public hearings are required by HUD to review the Annual Plan and finalize the allocations. Public service and human service agencies were not required to complete a funding application or make presentations at hearings this year. Also, instead of staff preparing a new agreement for next year's funding, a one -page amendment to last year's agreement will be presented to each agency with the amended dates and dollar amounts. This process saves significant staff time for both the City and each non - profit agency. Request for Proposals: This is Cupertino's second year utilizing an on -line Request for Proposal (RFP) and application process. Staff placed a public notice in the local paper notifying potential applicants of the funding availability and directing the agencies to the City website where they received instructions on how to access the www.citydataservices.com website. Cupertino Housing Commission: On May 18, 2010, the City Council approved a revised Citizen Participation Plan as part of its 2010- 2015 Consolidated Plan. Prior to expending CDBG dollars, the City is required to have a Citizen Participation Plan, Consolidated Plan and an Annual Plan in place. As part of the revised Citizen Participation Plan, the City declared that the Cupertino Housing Commission would serve as the advisory body on CDBG matters. The Housing Commission's responsibility is to make recommendations on policy, evaluate proposals received and make funding recommendations to the City Council. On March 10, 2011, the Housing Commission met and conducted a public hearing on the FY 2011 -12 CDBG and Human Service funding allocations. The recommendations from the Housing Commission are listed below: ■ CDBG Public Service Grants: The public service portion of the CDBG entitlement is limited to 15% of the entire entitlement plus projected program income. As mentioned earlier, this is the second year of a two year funding cycle. All public service and human service grants will be renewed for the same amount as allocated last year. This includes a general fund allocation of $40,300. If the federal entitlement should decrease, all public service agency grants will experience a pro rata decrease in funding. ■ CDBG Construction /Acquisition /Rehabilitation: Unlike the funding for public service and administrative activities, the percentage of funding used for capital improvements, construction, acquisition and rehabilitation is not limited to a specific percentage of the total funding. It encompasses the largest percentage of the CDBG entitlement. This year, staff received two funding proposals for this funding source. The Commission heard 134 April 5, 2011 Page 3 of 4 Community Development Block Grant (CDBG) funds, Human Service grants, and FY 2011 Annual Action Plan presentations from two applicants and recommended that the City Council fully fund both agencies. Rebuilding Together Silicon Valley submitted a request for $60,000 to continue its program of making minor home repairs for low and very low income Cupertino homeowners. The allocation would allow the agency to serve 5 -8 eligible Cupertino households. Senior Housing Solutions is requesting $196,195 for the final phase of the Price Avenue congregate senior home. All exterior work on the home and fifty percent of the interior work has been completed. The additional funding would pay for cabinets, countertops, finished walls, appliances and flooring in the home. ■ General Fund Allocation for Human Service Grants: Every year the City Council allocates approximately $40,000 from the General Fund to human service agencies. Formal agreements and monitoring are required for this program, but the requirements are less stringent than for federal funding. The Housing Commission reviews the allocations at the same time as the CDBG allocations and makes recommendations to the City Council. The Human Service Grant allocations are on a two -year funding cycle similar to the CDBG public service grant cycle. As with the CDBG public service grants the agencies will receive the same amount as approved last fiscal year. If funds decrease during the second year city budget cycle, each agency would be affected proportionately. These agencies will also receive a one -page amendment to last year's agreement. ■ Affordable Housing Fund: Staff also proposes a $75,000 allocation to West Valley Community Services from the Affordable Housing Fund for administration and monitoring of the Below Market Rate (BMR) Program units. The Affordable Housing Fund receives its revenue from the payment of housing mitigation fees from office, commercial and industrial developments. FY 2011 -12 Annual Action Plan: Federal regulations require that each entitlement jurisdiction prepare an Annual Action Plan and submit the plan to the regional HUD office no later than May 15 of each year. The Annual Action Plan is a one -year plan which describes the eligible programs, projects and activities to be undertaken with funds expected during the program year (Fiscal Year 2011 -2012) and its relationship to the priority housing, homeless and community development needs outlined in the approved Consolidated Plan. Furthermore, Federal regulations require the plan be made available for 30 days for public review and comment. The FY 2011 -2012 Annual Action Plan (Attachment A) was released for public review on March 11, 2011 for the 30 -day review period. A notice was placed in the local paper informing the public of its availability. On May 3, 2011, the City Council will hold a final public hearing to approve the Annual Action Plan for submittal to HUD. Fiscal Impact CDBG Funds The City of Cupertino is expecting to receive $422,719 for fiscal year 2011 -12, plus a reallocation of $10,300 in projected program income from rehabilitation loan payoffs for a total of $433,019. Since 135 April 5, 2011 Page 4 of 4 Community Development Block Grant (CDBG) funds, Human Service grants, and FY 2011 Annual Action Plan Congress has not approved the 2011 Federal budget, any decrease in the City's entitlement will be reflected in a proportional decrease to all public service agencies. Since Rebuilding Together Silicon Valley and Senior Housing Solutions will qualify for Affordable Housing Funds, staff proposes to make up any decrease in CDBG funding through these funds. Affordable Housing Funds The Affordable Housing Fund receives revenue from any BMR fees paid by developers of residential, office, commercial, or hotel. These fees are accumulated and used for the creation of new affordable housing units either through new construction or substantial rehabilitation. Currently, the fund has approximately $600,000 available for allocation. Of the $600,000, a total of $75,000 has been set - aside for WVCS administration of the BMR program for FY 2011 -12 leaving a balance of $525,000. General Funds The FY2011 -12 allocation for public service and human service grants is proposed at $40,300. This amount was approved by the Council in 2010 as part of the two -year funding cycle. Prepared by : Vera Gil, Senior Planner Reviewed bv : Aarti Shrivastava, Director of Community Development Approved for Submission by : David W. Knapp, City Manager Attachments: Attachment A: Fiscal Year 2010 -11 Annual Action Plan Attachment B: Summary of Funding Allocations Attachment C: 2010 -11 CDBG Funding Applications 136 ATTACHMENT A CITY OF CUPERTINO Fiscal Year 2011 Annual Action Plan Prepared by the Department of Community Development 10300 Torre Avenue Cupertino, CA 95014 Aarti Shrivastava, Director Approved by City Council May_, 2011 Resolution 11- For information regarding this document, please contact: Vera Gil, Senior Planner Phone: (408) 777 -3251 E -mail: verag@cupertino.org 137 EXECUTIVE SUMMARY The Action Plan is an annual plan, which the City of Cupertino, as lead agency, oversees pursuant to the goals outlined in the Consolidated Plan. The Action Plan details the activities Cupertino will undertake to address the housing and community development needs and local objectives using funds received during that program year from the Community Development Block Grant (CDBG) plus anticipated Program Income. The Action Plan consists of HUD - developed forms plus a supplemental narrative. The largest portion of the CDBG resources continues to be used for housing and homeless programs available on a citywide basis. Fair housing activities and administrative costs will not exceed 20% of the annual allocation. Evaluation of Past Performance Over the course of fiscal year 2010/2011 the City of Cupertino anticipates providing financial assistance to 4 affordable housing units through the use of CDBG funds. The funds will be used to assist in the construction of four units by Habitat for Humanity of local CHDO. The portion of CDBG funds that will be allocated to public service subrecipients will be used to provide approximately 800 persons with food, clothing and housing counseling, 90 days of shelter to 80 homeless and adult day care to 11 households. Cupertino was successful in addressing a majority of the goals and objectives cited in the fiscal year 2010/11 Annual Action Plan. Most of the CDBG funds were used to carry out activities that benefit low and moderate - income persons. Only CDBG administration funds and a portion of ECHO'S fair housing funds did not directly serve low and moderate - income persons. Some of the funded activities include fair housing, senior services, food and clothing and emergency housing. These activities continue to make a positive impact on identified needs and are providing services that might have gone unmet. As can be expected, community needs continue to exceed the available resources. INTRODUCTION The Annual Action Plan is a one -year plan which describes the eligible programs, projects and activities to be undertaken with funds expected during the program year (Fiscal Year 2010 -2011) and their relationship to the priority housing, homeless and community development needs outlined in the Consolidated Plan. FEDERAL RESOURCES The City of Cupertino's Annual Action Plan for the 2011 -12 Program Year is a comprehensive approach to addressing the immediate community needs of people who are very low and low income. The Action Plan is based on a Community Development Block Grant (CDBG) entitlement of $422,719 that the City anticipates will be received from the federal Department of Housing and Urban Development (HUD) and $10,300 in program income. Exhibit A describes the agencies proposed to receive funding in the 2011 -12 fiscal year. Also detailed in the exhibit are the goals and proposed funding amount for each of the agencies. 138 Anticipated CDBG program income during the 2011 -12 Program Year is estimated to total $10,300 derived from outstanding rehabilitation program loans. A portion of that program income will be allocated to support Public Service activities and administration. The city of Cupertino will allocate $64,950 to public service activities. Consistent with CDBG regulations, this amount represents no more than 15% of the combined total of the City's projected 2011 -12 Program Year income and the 2011 -12 entitlement. In 1999 HUD informed the Santa Clara County that the San Jose Metropolitan Statistical Area is one of the high- income areas where the income limits were increased to the actual 80% of median income, adjusted for household size. The City of Cupertino will continue to use the actual 80% of median income limits for all of its CDBG programs in the 2010 Program Year. Individual activities may use a lower income eligibility criterion. OTHER RESOURCES Housing Mitigation Program The Office and Industrial Mitigation Program acknowledges housing needs created by the development of office and industrial projects. A fee is applied to new square footage of office and industrial development in the City. The fees collected are deposited in the City's Affordable Housing Fund and are to be used for the provision of affordable housing. The City's Residential Mitigation Program applies to all new residential development of one unit or greater. Residential developers are required to designate at least 15% of the units in an ownership development as affordable and are required to pay a mitigation fee for rental developments. These designated units are identified as the "BMR" (Below Market Rate) units. For ownership developments of six or fewer units or in the case of all rental developments, the developer may pay a fee in -lieu of building the affordable units. All affordable units developed under the BMR program must remain affordable for 99 years from the date of first occupancy and, if for sale units are resold during that period, a new 99 year time period is established. The City administers the Affordable Housing Fund, which is currently supported with fees paid through the Housing Mitigation Program. Potential options for use of the housing funds include: a. Development of new affordable units. b. Conversion of existing market rate units to affordable units. C. Down payment assistance programs. d. Second mortgage programs. West Valley Community Services — West Valley Community Services (WVCS) is a non - profit organization that assists in administering housing programs on behalf of the City of Cupertino. WVCS administers the Rotating Shelter Program for homeless individuals and also manages a transitional housing facility. Further, WVCS acts as the administrative agent on behalf of the City in managing and monitoring the BMR program. Housing Trust of Santa Clara County ( HTSCC) — The HTSCC is a public /private venture, dedicated to increasing affordable housing in the Silicon Valley. The Trust makes available funds for developers to borrow for the construction of the affordable units. Cupertino originally contributed $250,000 to the fund and accessed the fund to assist in the development of Vista 139 Village, a 24 -unit affordable apartment complex constructed by BRIDGE Housing and Cupertino Community Services. Subsequently, the City contributed $25,000 in 2008 and 2009. "Move In For Less" Program - In cooperation with the Tri- County Apartment Association, this program recognizes the high cost of securing rental housing. The program is geared to classroom teachers in public or private schools who meet income criteria. Apartment owners /managers who agree to participate in the program require no more than 20% of the monthly rent as a security deposit from qualified teachers. This reduced security deposit hopefully makes it more financially feasible for a teacher to move into rental housing. Mortgage Credit Certificate (MCC) Program -The MCC program provides assistance to first - time homebuyers by allowing an eligible purchaser to take 20% of their annual mortgage interest payment as a tax credit against federal income taxes. Santa Clara County administers the MCC Program on behalf of the jurisdictions in the County, including Cupertino. The program does establish maximum sales price limits on units assisted in this program and, due to the high housing costs in Cupertino, there have been few households assisted in Cupertino in recent years. Second Unit Program -- The City's Second Unit Ordinance allows an additional unit to be built on any single - family residential parcel. The objective of this Ordinance is to encourage additional units on already developed parcels, such as parcels with single - family dwellings. Santa Clara County Affordable Housing Fund (AHF) In July 2002, the Santa Clara County Board of Supervisors created an Office of Affordable Housing and established a housing trust fund in the amount of $18.6 million to be used for affordable housing developments. The primary goal of the fund is to leverage funding with other sources and create affordable housing in Santa Clara County. Section 8 The Housing Authority of the County of Santa Clara (HACSC) provides rental subsidies and develops affordable housing for low- income families, seniors and persons with disabilities living in Santa Clara County, California, the heart of Silicon Valley. This past year, the Housing Authority provided voucher assistance to 74 Cupertino households. Density Bonus Ordinance -- The City's Density Bonus Ordinance allows a 25% increase in density for developments greater than 5 units that provide a proportion of units for very low or low- income households or housing for senior citizens. In addition to the density bonus, certain concessions can also be provided to the development, which can include: a. Reduction of Parking Requirements, b. Reduction of Open Space Requirements, C. Reduction of Setback Requirements, d. Approval of Mixed Use Zoning, e. Reduction of Park Dedication Fees, f Reduction of application or construction permit fees, or g. Provision of tax - exempt or other financial assistance. 140 CITIZEN PARTICIPATION The Housing Services Division of the Community Development Department is the lead agency for overseeing the development of the Consolidated Plan and Annual Action Plan. This Annual Action Plan development process began with an advertised public hearing, held by the Cupertino Housing Commission on March 10, 2011 to make funding recommendations to the City Council. In addition, to the public notice, written notification of the hearing was made to numerous non - profit service agencies and the city's CDBG Steering Committee for the purpose of gaining greater input for determining the best use of anticipated federal funds for addressing community needs. The City Council held two advertised public hearing on April 5, 2011 and May 5, 2011, to determine the allocation of CDBG funds for the 2011 Program Year. The Annual Plan 30 day public review period occurred March 11, 2011 through April 11, 2011. The City did not receive any public comments. CONSULTATION WITH OTHER JURISDICTIONS As standard practice, CDBG entitlement jurisdictions from throughout Santa Clara County meet at least quarterly to discuss issues of common interest. Meeting agendas cover such topics as projects receiving multi juri sdictional funding, performance levels and costs for contracted public services, proposed annual funding plans, HUD program administration requirements, and other topics of mutual concern. These quarterly meetings provided the opportunity for the City to consult with other jurisdictions on its proposed use of federal funds for the 2011 Program Year. CONSOLIDATED PLAN (CON PLAN) PRIORITIES The City of Cupertino adopted a new Consolidated Plan on May 18, 2010 with the priorities listed in Table 2A and 2B. These tables are attached and incorporated by reference as Exhibit B of this document. GEOGRAPHIC DISTRIBUTION A map outlining geographic areas considered to be of low and moderate - income concentration is included as part to this submittal. In the map, three Census tracts indicate a higher percentage of low /mod population than all other Cupertino Census tracts. It is from these three Census tracts that the City of Cupertino recruits three representatives of the CDBG Steering Committee. Funding support for the listed projects is based more on expressed need within the community rather than upon geographical priority. ANTI - POVERTY STRATEGY In a continuing effort to reduce poverty, the city of Cupertino will make it a priority to fund agencies that provide direct assistance to the homeless and those in danger of becoming homeless and make a commitment to improve the communication and service delivery capabilities of agencies and organizations that provide programs to assist the homeless. Depending on funding availability, Cupertino will continue to provide assistance to public agencies and nonprofit organizations providing neighborhood housing services, supportive 141 services to the homeless, older adults with physical or mental impairment, the mentally ill, victims of domestic violence, and households with abused children among others. Coordinate with public agencies providing job training, life skills training, lead poisoning prevention and remediation and other education programs that listed in the City's Consolidated Plan strategies. HOMELESS AND SPECIAL NEEDS In previous years, the City of Cupertino appropriated $20,000 in CDBG funds for the Sobrato Family Living Center Project and contributed to the Home Safe -Santa Clara providing transitional housing for survivors of domestic violence who are considered at -risk for homelessness. Most recently, in a 2008 mid -year reallocation, the City contributed $800,000 to Maitri, a non - profit agency providing transitional housing to victims of domestic violence, for the purchase of a four -plex in Cupertino. In addition to these capital project subsidies, the City will fund public service activities related to homelessness. During the 2011 program year, the city will provide $19,014 to the Haven to Home Program to provide support services to Cupertino. The City of Cupertino will also continue to coordinate services to the homeless through such inter - agency efforts as the Collaborative, Help House the Homeless, and the Community Technology Alliance and support the regional Continuum of Care. Cupertino also participated in the countywide homeless count that took place in early 2009 which reported 18 unsheltered homeless. This is an update of the surveys that took place in 2005, and 2007. In addressing senior services, the City will continue advocacy for the increased dissemination of accurate information and counseling for seniors and other persons regarding housing options available. This will be accomplished through a cooperative effort with the Cupertino Senior Center, Cupertino Community Services and the Cupertino Public Library. LEAD -BASED PAINT Lead -based paint awareness and abatement will be fully integrated by the City of Cupertino into its assisted housing programs. Each tenant, landlord and property owner will be informed of the dangers, symptoms, testing, treatment and prevention of lead -based paint poisoning. Lead -based paint hazard stabilization or abatement will be provided in each and every rehabilitation project. Furthermore, adherence to Federal guidelines for reduction activities with lead -based paint is provided for in every federally funded rehabilitation loan. PUBLIC HOUSING The City will continue to encourage the local Public Housing Authority to develop affordable units in the city of Cupertino. LEVERAGING OF FUNDS To the greatest extent possible, when feasible, the City of Cupertino will leverage public and private resources to achieve the goals of the Consolidated Plan. Cupertino will continue to 142 request that affordable housing developers to seek private financing and grants and to fully utilize other state and federal funding sources, such as the State of California Multifamily Housing and the Low Income Housing Tax Credit programs. FAIR HOUSING Cupertino continues to support both the purpose and goal of fair housing and works to achieve fair housing in administering federal, State and local programs. The City also supports the development of affordable housing stock that is an important part of a fair housing initiative, given the high cost of local housing. In conjunction with other jurisdictions in Santa Clara County, the City commissioned a comprehensive survey to identify unmet needs and unidentified barriers, to assess the delivery of fair housing services, and to recommend action steps to meet the County's fair housing needs. The study was completed in 2003 and the city will be working with the other Santa Clara County to review program changes as a result of the study. The City prepared an Analysis of Impediments to Fair Housing Choice (AI) in 2004. The proposed actions to be undertaken by the City in the 2010 Program Year consist of the following: • The City will continue to require developers to provide relocation assistance when residents will be displaced. • The City will continue to provide a housing program that allows for modification of existing housing facilitating the needs of persons with disabilities. • The City will continue to support non - profit organizations whose purpose is to aid in the furthering of fair housing in the community. Methods of support could include notification of fair housing rights and responsibilities distributed in brochures located in public buildings, public service announcements on the local access channel or similar methods. • The City will continue to allow for the construction of higher occupancy housing complexes on a case -by -case basis when possible, for all economic segments of the community. PROGRAM MONITORING Performance monitoring for compliance to federal program requirements is scheduled at least once annually for projects that are under service contract. Monitoring of federally funded activities is undertaken for projects that are either under an annual or longer -term performance period. In addition, the City undertakes an annual Single Audit according to the requirements of the federal Office of Management and Budget. As standard practice, notification is made to HUD on the availability of the City's annual audit. URGENT OR COMMUNITY NEED In the event of a local, state or federal disaster declaration for areas within the boundaries of the City of Cupertino, the City will reserve the right to use CDBG funds to abate immediate and necessary hazards. The funds may be used for staff efforts, grants or loans to affected parties, as approved by the City Council and allowed under the federal regulations. 143 AMENDMENTS TO PLAN Prior to the submission of any substantial amendment in the proposed use of funds, citizens will be provided reasonable notice of, and the opportunity to comment on, any proposed Action Plan amendments. RELATIONSHIP OF THE ANNUAL PLAN TO THE CONSOLIDATED PLAN GOAL 1 ASSIST IN THE CREATION AND PRESERVATION OF AFFORDABLE HOUSING FOR LOWER - INCOME AND SPECIAL NEEDS HOUSEHOLDS. Objective: Suitable Living Environment Outcome: Sustainability Outcome Statement: Provide opportunities for suitable living environments with improved/new sustainability Indicators: 1. New housing units available to various income groups 2. Overall increase in housing stock 3. Reduction in households paying too much for housing 4. Number of parcels with changed land use designations 5. Number of second units created Proposed 2011 Activity: Below Market Rate Program 2011 Goal: Create 15 Housing Units GOAL 2 SUPPORT ACTIVITIES TO END HOMELESSNESS. Objective: Suitable Living Environment Outcome: Availability/Accessibility Outcome Statement: Provide a suitable living environment with improved/new availability Indicators: 1. Number of persons assisted with homeless services 2. Number of persons assisted with emergency rental assistance. Proposed 2011 Goals: Provide homeless prevention services through Haven to Home and emergency rental assistance through WVCS Comprehensive Assistance Indicators: Provide homeless prevention services to 100 individuals Provide emergency rental assistance to 100 eligible residents a year. GOAL 3 SUPPORT ACTIVITIES THAT PROVIDE BASIC SERVICES, ELIMINATE BLIGHT, AND /OR STRENGTHEN NEIGHBORHOODS. Objective: Suitable Living Environment Outcome: Availability/Accessibility Outcome Statement: Provide funding to a variety of non - profits that assist low and very -low income residents. Indicators: 1. Support programs that provide transportation. 2. Provide funding for social service organizations that assist low and very -low income households and special needs population. Proposed 2011 Activity: Fund a variety of public service agencies that provide services to low and very -low income. 2011 Goal: Serve 1,000 low and very -low income households with support services. Provide 6,200 rider subsidies. 144 GOAL 4 PROMOTE FAIR HOUSING CHOICE. Objective: Suitable Living Environment Outcome: Availability /Accessibility Outcome Statement: Provide a suitable living environment with improved/new availability Indicators: 1. Number of outreach activities 2. Number of households with resolved fair housing disputes Proposed 2011 Goals Eden Council for Hope and Opportunity — Fair Housing Services Indicators: Distribute 1000 brochures. Resolve 10 Fair Housing cases. GOAL 5 EXPAND ECONOMIC OPPORTUNITIES FOR LOW - INCOME HOUSEHOLDS Objective: Outcome: Outcome Statement: Indicators: Proposed 2011Goals Indicators: Suitable Living Environment Availability /Accessibility 1. Support local employment development and workforce training programs 2. Support programs that facilitate small business development Serve 60 households through Nova program Provide employment counseling and job resources to 60 Cupertino residents. GOAL 6 PROMOTE ENVIRONMENTAL SUSTAINABILITY Objective: Suitable Living Environment Outcome: Availability /Accessibility Outcome Statement: Encourage and fund energy efficient improvements and modifications for existing rental units serving extremely low, very low income and low income households. Indicators: 1. Fund energy efficient improvements and modifications for existing rental units serving extremely low, very low income and low income households. Proposed 2011 Goals: Provide energy efficient improvements through Rebuilding Together Silicon Valley Indicators: Provide 5 -8 homes with energy improvements. 145 � 2 x Q a , § ] � [ ] W } § \ ) \ ) / G Q 0 k @ k)2 0 k — ° 0 = / & z @ § / ) E 2 2 04 § @ 04 k 6 z Q $ c / b / / 7 / CL E ®E — a W W \ k r z \ / $ m & ) z $ Cl) w ) z @ m y � % & f a g \ a ) / \ j � ) \ 0 I CL a g I% W } § \ ) \ ) / G Q 0 \ @ k)2 0 \ — ° 0 = / & z @ § / ) 2 2 2 04 § m k 6 z Q $ Q c b / / 7 CL ) z $ Cl) ) z @ m y & � g I% 0 \ j j k 0 CL a W } § \ ) \ ) / G Q 0 @ k)2 0 — ° 0 = / & z @ § / ) _ 04 04 § \ k 6 z Q $ b / / 7 CL W } § \ ) \ ) W \ § w 0 G Q 0 ) ° @ Cl) m Q E 0 — F- 0 = / a 7 a ]o z 5 § � j \\ j6 \\ \§ §k \/ U � j 0 La $ a \ \ § \ 6 z Q $ ]o z 5 § � j \\ j6 \\ \§ §k \/ U � � k x Q r l- � M o< o - N o m a m o § m » La k k \ S � k 2 0 c 27n = %72 - m o<\ o m o m _ o 7 a c, _ k / / @ 5 f k ) G G / ( m m<\ o co -'I- m a n \ s»° 7 G k c \ = E \ \ ) ) / z ƒ ƒ m o<\ o m m k � ) 2 m w < o � = m ) \ ) ) e ^ 2 2 2 , § \ @ � \ 0 ) �aa r l- � a m o § m » k \ 2 k \ S 2 ) 2 0 c 27n = %72 - =o� q % a d o 7 a c, § @ 5 / / @ 5 f G G / ( Co / /) a n \ s»° 7 G & -a = c \ = E S J z ƒ ) / z ƒ ƒ r l- � ATTACHMENT A SUMMARY OF CDBG AND AFFORDABLE HOUSING FUND APPLICATIONS PUBLIC SERVICE GRANTS: A. Catholic Charities of Santa Clara County Long Term Care Ombudsman Program 2011 -12 Request: $5,000 Annual Goal: Provide advocacy for 250 unduplicated Cupertino residents and investigate and resolve 20 complaints. Project Description: Provide advocacy for Cupertino residents in long term care facilities to ensure they have a voice in their own care and treatment. The program will receive, investigate and resolve any complaints associated with the care of the long term care facility residents. Recommendation: $3,187 from Human Service Grants program. The program meets a high priority according to Table 2B of the Cupertino Consolidated Plan. This program was previously funded at the same level through the Human Services Grants program of the Cupertino General Fund. B. Community Technology Alliance Homeless Management Information System Santa Clara County 2011 -12 Request: $2,500 Annual Goal: Provide assistance to 50 Cupertino residents. Services include client case management and data collection. Project Description: Create a web -based system collecting information on homeless services and collecting uniform data countywide on the homeless served by each service provider. Recommendation: $2,000 from Human Service Grants program. The program does not meet a high priority according to Table 2B of the Cupertino Consolidated Plan since it is indirectly serving the homeless population. However, the CDBG Steering Committee feels that this is a worthy cause. um ATTACHMENT A C. Live Oak Adult Day Services Adult Day Care for Seniors 2011 -12 Request: $15,098 Annual Goal: Provide "scholarships" to 11 Cupertino low- income seniors enabling them to receive adult day care at the facility. Project Description: Cupertino Senior Day Services provides services for seniors at risk of being institutionalized. Seniors can be dropped off at the Cupertino facility to receive care and participate in recreational activities while family members are working. Recommendation: $14,379 from Human Service Grants Allocation As the Cupertino population ages, more seniors are in need of this valuable service. Cupertino does not have a large inventory of senior assisted living units, programs such as Cupertino Senior Day Services provides families with an alternative to moving parents and older family members into an assisted living setting. D. Maitri Domestic Abuse Services 2011 -12 Request: $30,000 Annual Goal: Maitri will provide 400 Case Management Services to 14 Cupertino residents staying at Maitri s Cupertino Transitional Housing Project Project Description: Maitri s Transitional Housing provides transitional housing and related supportive services to low income victims of domestic violence who are at high risk of becoming homeless and /or suffering further abuse to themselves and their children. The main objectives of Maitri s Transitional Housing program are to foster self sufficiency; help residents obtain safe, permanent housing; and assist low income domestic violence victims live a healthy, productive life for themselves and their children by breaking the cycle of domestic violence abuse and learning critical life skills. Recommendation: $3,430 from Human Service Grants 149 ATTACHMENT A Domestic violence services represent a high need in the Cupertino Consolidated Plan. E. Outreach and Escort Special Needs Transportation 2011 -12 Request: $7,115 Annual Goal: Provide 6,215 discounted trips to 140 eligible Cupertino residents. Project Description: Provides frail seniors and disabled adults with door -to- door transportation to medical appointments, shopping, adult daycare, senior nutrition programs, etc. Requested funds will be used to subsidize $1.00 of the $3.50 rider's fare charged to Cupertino residents under the ADA /Paratransit Program. Recommendation: $7,115 from Human Service Grants program. This agency provides a valuable service to seniors and should be funded from the Human Service Grants at the same level as last year. F. Santa Clara Family Health Foundation Healthy Kids Program 2011 -12 Request: $5,160 Annual Goal: Provide health coverage to five Cupertino children per year. Project Description: Healthy Kids enables low- income children in Santa Clara County to receive health services they need for healthy development. Funded entirely through local public and private sources, the program provides comprehensive health coverage for a population generally underserved. Recommendation: $3,987 from Human Service Grants program. The program provides a valuable service to Cupertino low and very -low income children. 150 ATTACHMENT A G. Senior Adults Legal Assistance Legal Aide to Seniors 2011 -12 Request: $9,717 Annual Goal: Serve 40 Cupertino seniors. Project Description: Senior Adults Legal Assistance (SALA) provides free legal services to low and very low- income seniors at the Cupertino Senior Center. Legal services provided are in the area of consumer complaints, housing, elder abuse, and simple wills. Recommendation: $9,820 from CDBG Several years ago, the city council directed staff to work with SALA to increase their services and funding level. The Cupertino Senior Center has stated that the increased grant has helped tremendously during the past few years and would like to encourage the city to continue funding the agency at the current funding level. H. The Support Network for Battered Women Domestic Violence Services for Cupertino Families 2011 -12 Request: $5,000 Annual Goal: Serve a total of 18 unduplicated Cupertino residents. Project Description: The Support Network operates Santa Clara County's only 24 -hour, crisis line for victims of domestic violence. The shelter provides support services including emergency housing to battered women. Recommendation: $4,202 from Human Service Grants The Support Network for Battered Women provides a valuable resource to Cupertino residents as well as law enforcement officers in the city and is considered a high priority need in the Consolidated Plan. I. United Way Silicon Valley 2 -1 -1 Santa Clara County 2011 -12 Request: $4,000 Annual Goal: Provide all Cupertino residents with access to health and human service referrals at no charge. Project Description: 2 -1 -1 Santa Clara County is a 24/7 non - emergency, confidential, 3 digit phone number, authorized by the California Public Utilities Commission for use within the 151 ATTACHMENT A County of Santa Clara. The program provides streamlined access to health and human service information and referrals at no fee to the caller. Recommendation: $2,000 from Human Service Grant funds. This agency was funded last year from the Human Service Grant funds. J. West Valley Community Services Comprehensive Assistance Program 2011 -12 Request: $38,695 Annual Goal: Provide support services to 623 unduplicated Cupertino households. Project Description: West Valley Community Services has provided support services to the West Valley's low and very -low income households since 1973. Support services include a food pantry, clothing closet and rental assistance. Recommendation: $34,000 from the CDBG 2011 -12 Allocation. The agency provides necessary services to Cupertino residents. This activity is a medium priority need in the Cupertino Consolidated Plan. K. West Valley Community Services Home to Haven Program 2011 -12 Request: $24,050 Annual Goal: Provide homeless prevention services to 100 unduplicated clients. Project Description: Support services include access to voicemail, on -site medical services, monthly bus passes, weekly laundry, and employment search assistance. Each client will also receive a case manager to help each client develop self sufficiency goals. Financial asset building is also part of the homeless prevention program. Recommendation: $21,130 from CDBG 2011 -12 Allocation West Valley Community Services successfully ran the Rotating Shelter Program for 18 years. Due to decreased funding, the agency has had to eliminate the program, however, it would like to continue to offer homeless prevention services. It is proposing to provide support services to 100 unduplicated Cupertino residents. 152 ATTACHMENT A CONSTRUCTION/REHABILITATION: L. Habitat for Humanity Cleo Avenue 2011 -12 Allocation: $200,000 Annual Goal: Construct four new single family homes through sweat equity. Project Description: Construct four new single family homes through sweat equity. Recommendation: $200,000 from 2010 -11 CDBG will be reallocated to Senior Housing Solutions and $200,000 from 2011 -12 will be allocated to Habitat for Humanity. The agency is currently undergoing NEPA review and will not be able to begin construction until the new fiscal year. However, Senior Housing Solutions is ready to begin its second phase in May. To accommodate both agencies budgets without delays, $200,000 from Habitat for Humanity will to reallocated to Senior Housing Solutions and $200,000 from the 2011 -12 fiscal year will be allocated to Habitat for Humanity. M. Senior Housing Solutions Price Avenue Rehabilitation 2010 -11 Reallocation: $196,195 Annual Goal: Complete rehabilitation of Price Avenue senior home. House five seniors. Project Description: Complete second phase of single family home rehabilitation. The home will then serve as a congregate residence for five extremely low income seniors. The agency has completed the first phase of construction and now needs $196,195 to complete the second phase. N. Rebuilding Together Silicon Valley Rebuilding Housing Repair and Home Modifications 2011 -12 Request: $60,000 Annual Goal: Repair homes for five to eight Cupertino households. 153 ATTACHMENT A Project Description: Rebuilding Together Silicon Valley will repair and rehabilitate and improve the accessibility and mobility of homes for low and very -low income households. Recommendation: $60,000 from 2011 -12 CDBG Allocation. We are allocating additional funding to this agency to complete additional minor rehabilitation and energy efficiency upgrades to low and very -low income Cupertino homeowners. Energy efficiency has become a high HUD priority. ADMINISTRATION/FAIR HOUSING: O. Eden Council for Hope and Opportunity (ECHO) Fair Housing Services 2011 -12 Request: $9,850 Annual Goal: Fair housing education to the housing industry, investigating allegations of discrimination (10 cases a year). Project Description: Provide fair housing assistance to the city of Cupertino, including conducting presentations, counseling housing providers, and investigating allegations of discrimination. Recommendation: $8,619 from 2011 -12 CDBG Administration. The program will provide a valuable service to the City of Cupertino. ECHO has been providing Cupertino's fair housing services for many years. Staff likes the consistency of having ECHO continue the program. Staff would the agency be required to meet with local apartment managers annually to review fair housing law and provide informational meeting for tenants on fair housing. AFFORDABLE HOUSING FUND: P. West Valley Community Services, Cupertino Affordable Housing Placement Program 2011 -12 Request: $96,250 Annual Goal: Provide placement and necessary support services to 75 households (250 individuals). Continue current services. Project Description: West Valley Community Services has been responsible for the monitoring, screening and placement services for 154 ATTACHMENT A ten senior units located at Chateau Cupertino as well as below market rate rental units. They maintain a waiting list for qualified applicants and provide services to those placed in the affordable units. Recommendation: $75,000 (Affordable Housing Fund) The agency has successfully performed the necessary task of screening and placement for the below market rate program. The agency also monitors the BMR program annually. 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Applicant Information Legal Name of Organization: Senior Housing Solutions Mailing Address: 512 Valley Way City, State, Zip Code: Milpitas, CA, 95035 Web Address: www.srhousingsolutions.org Contact Person: Bob Campbell Title: Executive Director Email Address: bob @srhousingsolutions.org Telephone Number: 408 - 416 -0271 Fax Number: 408 - 416 -0278 Executive Director: Bob Campbell Email: bob @srhousingsolutions.org B. Project Overview Project Name: Price Avenue Senior Residence Project Location of Project Activity: 19935 Price Avenue City, State, Zip Code: Cupertino, CA 95014 Brief Project Description: Senior Housing Solutions (SHS) is applying for $196,195 in rehab funds to complete Phase II of our Price Avenue Senior Residence Project which will provide 5 units of affordable housing for extremely low- income seniors in the City of Cupertino. In partnership we purchased the property and in January completed Phase I rehab. SHS will develop the project to serve independently functioning seniors 60 years of age and older whose income is $1,500 a month or less. Rent will be held to 30% of income and include utilities, phone, cable and laundry facilities. C. Cupertino Funds Requested CDBG Funding Request, FY 11/12: $196,195 Total Project Cost, FY 11/12: $196,195 Cost per unit (housing /services), FY 11/12: 39,239 Is the Organization currently receiving funding? Yes CDBG Funds Requested in FY10/11: $271,003 CDBG Funds Received in FY10/11: $0 SECTION 2: PROJECT INFORMATION A. Project Overview and Target Population 1. Provide a brief description of the proposed Project including the specific activities to be undertaken and services to be provided using funds from this application. The mission of Senior Housing Solutions (SHS) is simple: To develop affordable housing to help extremely low- income seniors improve their quality of life. Our innovative model combines housing, property management and case management to achieve positive health and quality of life outcomes for our residents. Today the SHS provides 57 units of affordable housing for extremely low- income seniors in twelve single - family homes throughout Santa Clara County. The Price Senior Residence Project will use funds requested for Phase 11 rehab activities. The property located at 19935 Price Ave in the City of Cupertino was purchased with City BMR and Phase I construction was completed in January. Upon completion of rehab the Project will provide affordable housing to 5 extremely low- income seniors. Rents will be held at 30% of the seniors income. Our target is City of Cupertino residents who are seniors 60 years of age and older who function independently and whose income is $1,500 per month or less. At the completion of Phase 11 rehab actives will have added 1 bedroom and 1 bathroom in the existing footprint and include installation of solar panels and exterior and interior rehab so that the house can adequately house 5 independently functioning seniors. Specific work includes kitchen remodel, remodel of the common areas of the house, bathroom remodel, new windows, floor coverings, floor covering, interior and exterior paint, new HVAC system as well as modifications and remodel of the kitchen and common areas in the house. Assuming funds are available not later than April 1 we anticipate Phase II construction to be completed by June 15. 157 2. Describe the need(s) that the proposed Project addresses, its community impact, and how it addresses a need or problem in relation to the Consolidated Plan. The senior population in Santa Clara County is growing, and so is the number of seniors who struggle economically. Based on research by Dr. Steven P. Wallace, Ph.D. UCLA School of Public Health, the estimated monthly income needed for a senior to be Self- Sufficient in Santa Clara County is $1,928 per month. Fifty -five percent ($1,068) of the cost is for housing. The average income of seniors living on Social Security Retirement in Santa Clara is $1,503 a month. In the County, there are 70,000 seniors living on Social Security whose monthly income is below $1,503. In the City of Cupertino, income and housing trends are similar to those of the county except that the cost of housing tends to be a bit higher. Senior Housing Solutions addresses the underlying problem facing these seniors: poverty. Lack of stable housing, threat of evictions, insufficient food, poor health, isolation, a lack of safety and security, and an endless stream of financial emergencies are symptoms of poverty. Our unique housing model provides a permanent solution to these quality of life problems for our residents. The outcome is sustainable permanent housing for seniors in a setting that supports key quality of life indicators including economic, social, health and psychological factors as they age in place. The Price Avenue Senior Residence Project will have a positive impact on those we serve and the surrounding community. Senior Housing Solutions provides the primary stabilizing factor in a seniors life housing that they can afford within a comprehensive program that addresses continued housing security, safety, reduced dependence on family members, increased access to needed services, maintained disposal income, improved social support, daily household and community interaction and emotional support from peers and professional staff. Resident Outcomes: our innovative housing and support services model continues to achieve positive outcomes for our residents including a reduction in the feeling of loneliness, a decrease the occurrence of depression, an increase in physical activity, a sense of safety and an overall increase in their quality of life. Community Outcomes: (1) Age /economic diversity of neighborhoods in preserved. (2) The supply of affordable senior housing in Santa Clara County in increased through program expansion. (3) Replication in other communities. Throughout the Citys Consolidated Plan affordable housing and support service needs for seniors are rated as High. Specifically: Priority Needs table 1B pg.45, Table 2A pg.46, Table 2B pg. 47 show HIGH priority need. Also related is Goal A Policy 3.3 pg. 17, Policy 3.4 pg. 18, Policy 3.9 Implementation Prog. 26 on pg. 20 -21, Goal D Policy 3 -11 Implementation Prog. 32 pg. 22 all relate to affordable housing for extremely low- income seniors. 3. Describe the Project's target population, including client eligibility requirements. Discuss how and if they are an at -risk and /or under - served population. The Price Avenue Senior Residence Project will serve seniors 60 years of age and older who are functionally independently. We will target those among this population whose income is $1,500 or less monthly or about 20% of the median. Most will have been living in temporary housing including with friends or family just prior to moving into the Senior Residence. The project will result in the development of 5 units of affordable housing and include services designed to achieve positive health and quality of life outcomes for our residents. Rent is kept at just 30% of income ensuring our residents will never have to worry about a rent increase beyond their ability to pay. 4. What other private or government organizations are now or will be addressing the same needs identified herein? List and describe the services provided by each in relation to the needs addressed. Explain how the proposed program /project augments rather than duplicates the services of others. Describe how your agency collaborates with other service providers. There are numerous nonprofit and government organizations addressing the housing and support service needs of seniors in our community. Our unique housing model has not been duplicated. From the design of the floor plan in the house to the collaboration between our case management and property management services we are striving to provide a permanent solution to those seniors in our community who are most challenged economically. We leverage our organizational operations and service model with our strategic alliances. We have a broad array of community agencies with whom our case management interfaces. Some common resources and partners used by our case management include the Social Security and Veterans Administration, Indian Health Center, East Valley Clinic, East Valley Mental Health, Mental Health Advocacy Project, Project Sentinel Valley Medical Center, In Home Support Services, Multi- Service Senior Program, Senior Care Connection, VTA Outreach, Alcoholics Anonymous, Meals on Wheels, Catholic Charities, and City Team, to highlight a few. In addition the Mt. View Community Services Agency has provided us a letter of support for our project. We have also formed a formal collaborative project with the Family and Children Services Agency designed to increase the resilience and communication skills of housing 158 residents. Organizationally, our partnerships with the Cities of Campbell, Sunnyvale, Santa Clara, Milpitas, Los Gatos, Cupertino, San Jose and County of Santa Clara Office of Affordable Housing are significant. Without them, our housing opportunities would not be possible as they provide property acquisition and rehabilitation grants and deferred loans. 5. State the number of unduplicated clients to be served by the proposed Project in the fiscal year. Cupertino Clients: 5 Total Project Clients: 5 6. Project Client Breakdown for Funding Requested: B. Numeric Goals 1. For each activity, please indicate the goal for number of service units to be served. 2010 -2011 t 2011 -2012 3rd 2010 -2011 2011 -2012 Activity Actual Proposed I Actual Proposed Cupertino Total Cupertino Total Request Cupertino Total Cupertino Total Extremely Low Income 5 62 5 72 Youth (0 -18 years) (0 % -30% AM I) Very Low Income Adults (19 -62 years) ( 31%-50% AM I Low Income Seniors (63+ years) 5 62 5 72 ( 51%-80% AM I Moderate Income Total All Ages 5 62 72 ( 81%-120% AM I Bove Moderate Income Disabled Individuals 120 %+ AM I Total All Incomes 5 62 1 721 Other Special Needs B. Numeric Goals 1. For each activity, please indicate the goal for number of service units to be served. C. Project Administration and Monitoring 1. Use the table and space below to briefly describe how the project will be managed and administered, included proposed staff time and staff functions. 1st 2nd 3rd 4th CDBG Activity Program /Project Duties Annual Hours For CDBG Annual Quarter Quarter Quarter Quarter Request complete rehab activieies 5 5 C. Project Administration and Monitoring 1. Use the table and space below to briefly describe how the project will be managed and administered, included proposed staff time and staff functions. 2. How will the effectiveness of your project be measured? Jed Emerson Bloomberg, Senior Research Fellow in Philanthropy, Harvard Business School, speaks of SROI or Social Return on Investment, which is a measure of social value creation resulting from the investment of financial or social capital. Based on this concept, we developed a Logic Model that is our plan for success. In the past two years, over 80% of our residents have responded to our evaluation which is completed each year between November and January. Following are 12 -month goals we will target for residents at the Price Avenue house measured through our annual survey: 46% of residents report a decrease in depression 60% of residents report a decrease in feeling lonely 74% of residents report an increase in quality of life 79% of residents report they have another house mate they can confide in when feeling troubled 95% of residents report that they feel safe Over what time frame? 12 months 3. Describe your written policies and /or established procedures for assuring persons with disabilities and /or limited English proficiency access to services and benefits. 159 Total Total % Time CDBG Position Title Program /Project Duties Annual Hours For CDBG Salary Salary /Week Activity Request Executive Director manage construction $0 2. How will the effectiveness of your project be measured? Jed Emerson Bloomberg, Senior Research Fellow in Philanthropy, Harvard Business School, speaks of SROI or Social Return on Investment, which is a measure of social value creation resulting from the investment of financial or social capital. Based on this concept, we developed a Logic Model that is our plan for success. In the past two years, over 80% of our residents have responded to our evaluation which is completed each year between November and January. Following are 12 -month goals we will target for residents at the Price Avenue house measured through our annual survey: 46% of residents report a decrease in depression 60% of residents report a decrease in feeling lonely 74% of residents report an increase in quality of life 79% of residents report they have another house mate they can confide in when feeling troubled 95% of residents report that they feel safe Over what time frame? 12 months 3. Describe your written policies and /or established procedures for assuring persons with disabilities and /or limited English proficiency access to services and benefits. 159 Non - discrimination Policies and Reasonable Accommodation Policies are in place. We face several institutional restrictions in what we can know about a client before they move in to our housing. Because we receive HUD funding for the capital projects we must follow fair housing practices regarding discrimination. Our current residents speak primary languages that include Farsi, Chinese, Japanese, English, Bulgarian and Russian. We cannot manipulate the residences so that Chinese speakers can live with Chinese speakers or Russian speakers can live with Russian speakers. However, our Case Manager works to continue to support residents to remain connected to their communities. Most have rather strong connections with their ethnic communities and families. In fact, the most reliable source for translation support we have found comes readily through these resident's community and family. Our office hours are Monday Friday 8:00 -4:30. Seniors do not have to come into the office in order to gain access to our services. We do our eligibility screening over the phone. Upon becoming eligible, seniors are put on the waiting list until a vacancy occurs. All of the seniors entered onto our waiting list receive a brochure that describes our housing and services. We encourage seniors on the waiting list to contact us whenever they want to and especially to let us know if their contact information has changed. When a vacancy occurs we contact the senior at the top of the waiting list to make an appointment to show the room and see house. If they like it we take a deposit, complete our application process that includes a criminal background and credit check and then they move in. Though we do not require anyone to come to the office for the initial eligibility screening the office is physically accessible. Houses are designed to facilitate accessibility and functionality. Individual accommodations are made to ensure access to our housing. 4. Provide a brief general description of your agency and the services provided. Include a description of your agency's experience in providing the proposed services. If previously funded, what were the goals and accomplishments of CDBG projects? The mission of Senior Housing Solutions is to develop affordable housing to help extremely low- income seniors improve their quality of life. Our innovative model combines shared housing in single - family homes, property management and case management to achieve positive health and quality of life outcomes for independent seniors whose income is less than $18,000 annually. Rent is kept at just 30% of income ensuring our residents will never have to worry about a rent increase beyond their ability to pay. By providing the primary stabilizing factor in a seniors life housing that they can afford within a comprehensive program that addresses continued housing security, safety, reduced dependence on family members, increased access to needed services, maintained disposal income, improved social support, daily household and community interaction and emotional support from peers and professional staff, Senior Housing Solutions achieves its primary goal: to have a positive impact on the economic, social, health and psychological needs of our residents. Today, there are 12 SHS homes in operation throughout Santa Clara County. An additional three houses will open by December 2011. Currently there are 57 seniors residing in our housing. The average age of current residents is 72 years; the average monthly income of our residents is $987. Rent in our houses, including utilities, cable, laundry facilities and phone is just $296 a month! 5. Explain how your agency collects income and race /ethnicity data. As mentioned above we have certain restrictions prior to residency in our housing. As part of the application process income eligibility is established by checking 2nd party documents i.e. SSI letters, bank accounts, pay stubs etc. This is then done annually to ensure continued eligibility in our housing. Our application process also asks for race and ethnicity data. 6w 0 ever, due to fair housing requirements, we cannot require this information is completed. D. Consolidated Plan Goals 1. Please indicate which Consolidated Plan Goals will be met by the Project and briefly describe how your Project /Activity meets the Goals. E Goal #1: Assist in the creation and preservation of affordable housing for lower- income and special needs households. E Goal #2: Support activities to end homelessness. E Goal #3: Support activities that provide basic services, eliminate blight, and /or strengthen neighborhoods. E Goal #4: Promote fair housing choice. E Goal #5: Expand economic opportunities for low- income households. E Goal #6: Promote environmental sustainability. 2. Explain how you will meet these goals. We will conduct rehab activities to complete Phase 11 construction activities for our Price Avenue Senior Residence Project. Rehab activities in Phase 11 include metal work, decking, finishing work in bathrooms, bedrooms, utility room, common areas and exterior, installation of appliances, exhaust ducting, ducting, plumbing, HVAC system, electrical and utility hookups. We have already begun affirmative marketing of the house to the Cupertino community. Initially there were 28 residents who indicated an interest in the house. Over the past month we have contacted each of these original 28. To date a total of 12 Cupertino residents have indicated that they remain interested in living at the house. Once Phase II funding is secured we will begin showing the house to these 12 perspective residents. We hope to begin rent up not later than June earlier if possible. Once residents move in we will begin our property management and case management services. E. HUD Performance Measures HUD requires that recipients of federal funding assess the outcomes of their programs. Please identify which HUD objective and HUD outcome will be addressed by this project. 1. Objectives: Provide Decent Affordable Housing 2. Outcomes: Improve affordability SECTION 3: FINANCIAL AND OTHER ORGANIZATION INFORMATION A. Agency Information Non - profit with 501(c)(3) Status? Yes Faith -based organization? No Community Based Development Organization (CBDO)? No Community Housing Development Organization (CHDO) ? Yes Other Type of Organization? Describe: DUNS Number: 19778672 B. Total Agency Budget Budget Item 2011 -2012 2010 -2011 2009 -2010 2008 -2009 Administration $91,161 $59,615 $27,859 $61,36 Fundraising $33,149 $19,872 $6,965 $18,492 Proposed Project Total budget) $196,195 $0 $0 $0 All Other Programs $704,426 $582,902 $661,660 $536,26 Total Agency Budget $1,024,931 $662,38 $696 $616,124 C. Program Budget (Fiscal Year 2011 -2012) 2010 -2011 % Change from 2011 Proposed Project Expenses E CDBG FY 10/11 - FY CDBG Request equ Allocation 11/12 Salaries /Benefits /Pa roll /Taxes Office Supplies Communication Publications /Printin /Advertisin CDBG Amount Other Source Other Amount Travel by Jurisdiction Rent/Lease/Mortgage Cupertino $196,195 Utilities $196,195 Total Insurance $0 $196,195 Equipment Rental /Maintenance Audit/Legal/Professional Services (for CDBG portion onl Direct Services (Funding for specific service such as a meal, ride Contracted Services Other $0 $196,195 Total Expenses $0 $196,195 List below your funding sources for 2011/12 by urisdiction and source: FY2011/12 Revenue Source CDBG Amount Other Source Other Amount Total by Jurisdiction Cupertino $196,195 $196,195 Total 1 $196,195 $0 $196,195 1. Does the Organization have a HUD - approved indirect cost plan? No 2. Does your agency charge fees for the services that you are requesting funding for? If so, please attach a fee schedule. No 3. If your organization is not leveraging the requested CDBG funds with other funds, please explain why. This request is for Phase II construction of our Price Avenue Senior Residence. The City assisted with BMR funds for Acquisition. These funds were leveraged by the Housing Trust. The City provided Phase I construction funds from CDBG and CDBG -R. Phase 11 Construction funds via this CDBG application have no leveraged funds. D. Other Information - Attachments Check each line item that you will attach. Attachments must be uploadedo. 1. Please submit the following documents in support of your application: E Articles of Incorporation/Bylaws. BYLAWS Senior Housing Solutions Revised January 25 2007. SHS Articles of Incorporation.pdf E Authorization - Download this document, Authorization Attachment for Cupertino CDBG March 2011.doc print and sign it, and upload the signed document. 2. If your application is selected for funding, you will be required to submit the information below at a later date: E Policy & Procedures Manual. Include policy prohibiting discrimination, grievance procedures, and conflict of interest. E Nonprofit Determination. Submit determination letters from the Federal Internal Revenue Service and the State Franchise Tax Board documenting the organization is tax exempt. E List of Board of Directors. Include the name, telephone number, address, and occupation or affiliation of each member. Identify the principal officers of the 162 governing body. E Authorization to Request Funds. Documentation must be submitted of the governing body's authorization to submit the funding request. This consists of a copy of the minutes of the meeting in which the governing body's resolution, motion, or other official action is recorded. E Designation of Authorized Official. Documentation must be submitted of the governing body's action authorizing the representative of the agency to negotiate for and contractually bind the agency. This consists of a signed letter from the Chairperson of the governing body providing the name, title, address, and telephone number of each authorized individual. E Organizational Chart. Include the organization's administrative framework and staff positions. E Financial Statement and Audit. Describe any findings or concerns that were cited in the audit or in any accompanying management letter, particularly pertaining to the use of CDBG funds. Also, describe any actions taken to correct identified findings or concerns. E Resume of Chief Program Administrator. E Resume of Chief Fiscal Officer. E Proof of Liability Insurance. E E Program Manager Signature Bob Campbell Date Signed 03/01/2011 163 Community Development Block Grant Program Application City of Cupertino Fiscal Year 2011/2012 SECTION 1: COVER SHEET A. Applicant Information Legal Name of Organization: Rebuilding Together Silicon Valley Mailing Address: 2827 Aiello Drive City, State, Zip Code: San Jose, CA 95111 Web Address: Contact Person: Bev Jackson Title: Executive Director Email Address: bjackson @rebuildingtogether - sv.org Telephone Number: (408) 578 -9519 Fax Number: Executive Director: Beverley Jackson Email: bjackson @rebuildingtogether - sv.org B. Project Overview Project Name: Rebuilding Housing Repair and Rehabilitation Program Location of Project Activity: 2827 Aiello Drive City, State, Zip Code: San Jose, CA 95111 Brief Project Description: Rebuilding Together will preserve affordable housing by providing safety, energy efficiency, accessibility and mobility repairs and improvements for low income homeowners in Cupertino. Our project strengthens the resiliency of low- income homeowners as well as the neighborhoods in which they live. C. Cupertino Funds Requested CDBG Funding Request, FY 11/12: $60,000 Total Project Cost, FY 11/12: $60,000 Cost per unit (housing /services), FY 11/12: 12,000. Is the Organization currently receiving funding? CDBG Funds Requested in FY10/11: $56,400 CDBG Funds Received in FY10/11: $56,400 SECTION 2: PROJECT INFORMATION A. Project Overview and Target Population 1. Provide a brief description of the proposed Project including the specific activities to be undertaken and services to be provided using funds from this application. Rebuilding Together (RT) will provide home safety repairs and mobility and accessibility improvements for five or more homes (5 -8 unduplicated beneficiaries) for very low- income people in Cupertino in 11/12, with the primary consideration being the correction of safety hazards. All work is at no cost to the clients and can include: wheelchair ramps, grab bars, railings, improved lighting installations, stair and step modifications for walkers, bath chairs, hand held shower adapters, tub cut outs, door handle and faucet replacement for accessibility, smoke alarms, door, window and lock repairs, roof repairs and replacement, interior and exterior painting, yard cleanup, minor plumbing repairs, minor electrical repairs, appliance replacement, flooring (linoleum, carpet, or tile) repairs and replacement, heating installation and repairs, outdoor lighting and fencing improvements for safety, elimination of tripping hazards, replacement and /or repair of windows, earthquake proofing of water heaters. We improve the safety of the living environment by fixing hazardous conditions. The majority of repairs are completed by volunteers. Some of the specialized work, such as electrical, roofing, carpet installation and plumbing involve contract staff of Rebuilding Together. Rebuilding Together program staff schedule and coordinate all repair work utilizing either volunteers or skilled trade contractors. Each October and April, groups of volunteers armed with paintbrushes, saws, hammers and shovels join together over one or two Saturdays to repair and rebuild homes and community facilities, dedicating their time in the spirit of service and community during Rebuilding Day Projects. Additionally, our Safe At Home program leverages our skilled volunteers that wish to contribute on a weekly basis, by providing home modifications and minor safety repairs throughout the year. 164 2. Describe the need(s) that the proposed Project addresses, its community impact, and how it addresses a need or problem in relation to the Consolidated Plan. The Rebuilding Housing Repair and Rehabiliation Program will allow very low- income homeowners to remain in affordable, safe and decent housing. Residents of Cupertino who live on a fixed income may be less able to afford little beyond the most basic needs. On fixed incomes, even necessary expenses such as prescription medications can be difficult to afford while other important expenses, such as repairs to resolve unsafe or unsightly conditions, may be near impossible for older homeowners to afford. Older adults are more likely to live in homes that they own, with homeownership rates over 80% for Americans over 55 years of age, more than any other age group in 2008 (U.S. Census Bureau, 2008). A significant portion of Cupertino older persons are aging in place in homes they purchased more than 30 years ago. Although the homes may have increased in value, residents find that their fixed income is less able to cover routine upkeep or repairs. Most do not want to move from their homes, but others find they could not afford to move even if they would choose to do so. Benefits of aging in place including maintaining seniors social networks and limiting the negative effects of relocation and dramatic transitions, including the financial expense of relocating (Joint Center for Housing Studies of Harvard University, 2001). The Housing Repair Program addresses this problem by allowing homeowners to remain in safe and affordable housing for as long as possible. Rebuilding Together is the only community -based non - profit organization providing repairs to homeowners in need at no cost to the homeowner. Our projects are life- changing for the residents and the neighborhood. Imagine finally feeling warm and safe in your own home: your heater now works, and youre no longer afraid of falling on torn carpet or curling linoleum. Imagine the change to your outlook on life when living in surroundings that nourish your spirit and make you feel better about yourself. 3. Describe the Project's target population, including client eligibility requirements. Discuss how and if they are an at -risk and /or under - served population. The target population are low- income, homeowners that require safety and accessibility repairs and modifications to provide for decent, affordable and safe housing. On average, a Rebuilding Together client is 72 years of age, has lived in their home for over 26 years and has an annual income of about $21,000. Homeowners submit an application to initiate the intake process. Rebuilding staff /volunteer conducts a telephone interview and schedules a site visit to determine project need and process for repair completion. The focus of interviews and visits is to evaluate the financial and repair needs of the client and the impact the repairs will make on homeowners safety, warmth, and independence. Once a homeowner has been approved for the program, they must submit proof of home ownership and income verification (accepted documentation includes social security benefits statements, the most recent tax return, or recent pay stubs) before repairs can be made. Determinations of income eligibility are made using the U.S. Department of Housing and Urban Developments income limits. Once homeowners are approved for the program and their documentation has been submitted, homeowners information and application are maintained in Rebuilding Togethers secure database to ensure accurate tracking of all clients. 4. What other private or government organizations are now or will be addressing the same needs identified herein? List and describe the services provided by each in relation to the needs addressed. Explain how the proposed program /project augments rather than duplicates the services of others. Describe how your agency collaborates with other service providers. Rebuilding Together Silicon Valley is the only organization that provides free home repairs for low- income homeowners in the City of Cupertino, leveraging the skills and energy of volunteers, community groups and local faith communities and corporations. 5. State the number of unduplicated clients to be served by the proposed Project in the fiscal year. Cupertino Clients: 6 Total Project Clients: 10 6. Project Client Breakdown for Funding Requested: 165 2010 -2011 2011 -2012 2010 -2011 2011 -2012 Actual Proposed Actual Proposed Cupertino Total Cupertino Total Cupertino Total Cupertino Total Extremely Low Income 3 3 Youth (0 -18 years) 0 % -30% AM I Very Low Income 2 2 Adults (19 -62 years) 2 2 ( 31%-50% AM I 165 Low Income 1 2nd 1 4th Seniors (63+ years) 4 Program /Project Duties 4 Hours ( 51%-80% AM I Annual Quarter Quarter Quarter Quarter Request Homes Completed with Repairs 1 Moderate Income 1 2 $0 Repairs Total All Ages 10 0 10 0 ( 81%-120% AM I and selection Oversees S @H repair work, reviews Bove Moderate Safe At Home Manager work scope, and supervises contract and 2 $0 volunteer repairs. Income Program Director Disabled Individuals 4 2 4 $0 120 %+ AM I Rebuilding Day Program Repair Technician Completes safety repairs and supervises 4 Total All Incomes 6 0 d O Other Special Needs B. Numeric Goals 1. For each activity, please indicate the goal for number of service units to be served. C. Project Administration and Monitoring 1. Use the table and space below to briefly describe how the project will be managed and administered, included proposed staff time and staff functions. 1st 2nd 3rd 4th CDBG Activity Program /Project Duties Annual Hours For CDBG Annual Quarter Quarter Quarter Quarter Request Homes Completed with Repairs 1 2 1 2 $0 Repairs 4 8 4 8 24 C. Project Administration and Monitoring 1. Use the table and space below to briefly describe how the project will be managed and administered, included proposed staff time and staff functions. 2. How will the effectiveness of your project be measured? Homeowners, project management staff and volunteer project leaders sign off on completed work. This has the effect of (1) assuring that the project and components have been completed and (2) provides an opportunity to assess the results via our five criteria: safety, warmth, independence, financial status, and neighborhood health and vitality. Our results have indicated that our efforts have been effective, have provided a targeted solution (address the need), and have been life- changing for everyone involved. Respondents have said that they feel safer in their homes because repairs have been made to crumbling steps, leaking roofs, and other dangerous conditions. Over what time frame? 3. Describe your written policies and /or established procedures for assuring persons with disabilities and /or limited English proficiency access to services and benefits. Rebuilding Together Silicon Valley Program staff speaks Spanish and Tagalog languages and both are available for these oral translations. Accomodations are made for persons with diabilities that additional assistance with application process and completion. Rebuilding Together volunteers are on -call for oral translation in Vietnamese, Mandarin and Portuguese and are scheduled through Rebuilding Together Program staff. Partnerships with other senior services and centers have also assisted with client interviews. Rebuilding Together has also been successful in matching the language needs of the clients with community service clubs and corporate teams to support the client, during Rebuilding service days. Many of our volunteers from the local Silicon Valley, high tech corporate community are pleased to share their language skills and translate for Vietnamese and Mandarin clients. 4. Provide a brief general description of your agency and the services provided. Include a description of your agency's experience in providing the proposed services. If previously funded, what were the goals and accomplishments of CDBG projects? 166 Total Total % Time CDBG Position Title Program /Project Duties Annual Hours For CDBG Salary Salary /Week Activity Request Executive Director Overall Agency supervision 2 $0 Client Services client outreach, application processing 4 $0 Coordinator and selection Oversees S @H repair work, reviews Safe At Home Manager work scope, and supervises contract and 2 $0 volunteer repairs. Program Director Coordinates logistics, work scope and 2 $0 Rebuilding Day Program Repair Technician Completes safety repairs and supervises 4 $0 volunteer work projects 2. How will the effectiveness of your project be measured? Homeowners, project management staff and volunteer project leaders sign off on completed work. This has the effect of (1) assuring that the project and components have been completed and (2) provides an opportunity to assess the results via our five criteria: safety, warmth, independence, financial status, and neighborhood health and vitality. Our results have indicated that our efforts have been effective, have provided a targeted solution (address the need), and have been life- changing for everyone involved. Respondents have said that they feel safer in their homes because repairs have been made to crumbling steps, leaking roofs, and other dangerous conditions. Over what time frame? 3. Describe your written policies and /or established procedures for assuring persons with disabilities and /or limited English proficiency access to services and benefits. Rebuilding Together Silicon Valley Program staff speaks Spanish and Tagalog languages and both are available for these oral translations. Accomodations are made for persons with diabilities that additional assistance with application process and completion. Rebuilding Together volunteers are on -call for oral translation in Vietnamese, Mandarin and Portuguese and are scheduled through Rebuilding Together Program staff. Partnerships with other senior services and centers have also assisted with client interviews. Rebuilding Together has also been successful in matching the language needs of the clients with community service clubs and corporate teams to support the client, during Rebuilding service days. Many of our volunteers from the local Silicon Valley, high tech corporate community are pleased to share their language skills and translate for Vietnamese and Mandarin clients. 4. Provide a brief general description of your agency and the services provided. Include a description of your agency's experience in providing the proposed services. If previously funded, what were the goals and accomplishments of CDBG projects? 166 Rebuilding Together Silicon Valley has been in operations since 1991. Since our inception, we have mobilized 23,900 volunteers to repair and upgrade 1201 homes and nonprofit facilities throughout Santa Clara County. In the first two quarters of 2010 -11 RT provided 205 repairs to 6 low- income Cupertino homes. In total our work impacted over 9,523 County residents in 2010 through 223 project locations. Rebuilding projects leverage community dollars with the experience and willingness of Rebuilding volunteers to impact the health and safety of area residents. Our projects are life- changing for the residents, the neighborhood, and the volunteers. Imagine finally feeling warm and safe in your own home: your heater now works, and youre no longer afraid of falling on torn carpet or curling linoleum. Imagine the change to your view of the world to live in surroundings that nourish your spirit and make you feel better about yourself. We can all identify with feeling good about where we live, and volunteers complete a project and leave tired but with big smiles. They know they have profoundly changed the quality of daily experience for someone else. In so doing, they change the quality of their own lives as well. 5. Explain how your agency collects income and race /ethnicity data. All clients submit proof of household income and homeownership prior to work completion. Race and ethnicity data survey is collected at the time of program application. D. Consolidated Plan Goals 1. Please indicate which Consolidated Plan Goals will be met by the Project and briefly describe how your Project /Activity meets the Goals. E Goal #1: Assist in the creation and preservation of affordable housing for lower- income and special needs households. E Goal #2: Support activities to end homelessness. E Goal #3: Support activities that provide basic services, eliminate blight, and /or strengthen neighborhoods. E Goal #4: Promote fair housing choice. E Goal #5: Expand economic opportunities for low- income households. E Goal #6: Promote environmental sustainability. 2. Explain how you will meet these goals. Rebuilding Together will repair and rehabilitate owner occupied housing units for extremely, very, and low- income homeowners who are often seniors and /or families with disabled family members. All work is completed at no cost to the client. Repairs remediate health and safety issues in the home, necessary for the owner to continue living there. This project will service residents from the entire City of Cupertino. 100% of RT clients have incomes 80% or less of the median income. E. HUD Performance Measures HUD requires that recipients of federal funding assess the outcomes of their programs. Please identify which HUD objective and HUD outcome will be addressed by this project. 1. Objectives: Create Suitable Living Environments 2. Outcomes: Improve affordability SECTION 3: FINANCIAL AND OTHER ORGANIZATION INFORMATION A. Agency Information Non - profit with 501(c)(3) Status? Yes Faith -based organization? No Community Based Development Organization (CBDO)? No Community Housing Development Organization (CHDO) ? No Other Type of Organization? Describe: DUNS Number: 017547055 B. Total Aqencv Budqet Budget Item 1 2011 -2012 1 2010 -2011 1 2009 -2010 1 2008 -2009 Administration 1 $75,2001 $75,2001 $70,2761 $62,70 Fundraising $71,0001 $73,871 $81,7791 $57,914 167 Proposed Project Total budget) $60,0001 $56,4001 $40,0001 $40,000 All Other Programs 1 $880,0001 $840,5571 $796,6211 $927,88 Total Agency Budget 1 $1,086,2001 $1,046,0301 $988,6761 $1,088,510 C. Program Budget (Fiscal Year 2011 -2012) Proposed Project Expenses 2010 -2011 CDBG Allocation 2011 Request CDBG Request % Change from FY 10/11 - FY 11/12 Salaries/Benefits/Payroll/Taxes by Jurisdiction Off ice Supplies Cupertino $60,000 Communication $0 $0 Total Publications /Printing /Advertising $900 $900 0% Travel Rent/Lease/Mortgage $4,260 $4,400 3% Utilities 1 $1,000 $1,000 0% Insurance $800 $900 12% Equipment Rental /Maintenance $750 $800 7% Audit/Legal/Professional Services (for CDBG portion only) Direct Services (Funding for specific service such as a meal, ride) Contracted Services $12,000 $13,000 8% Other $36,690 $39,000 6% Total Expenses $56,400 $60,000 6% List below your funding sources for 2011/12 by jurisdiction and source: FY2011/12 Revenue Source CDBG Amount Other Source Other Amount Total by Jurisdiction Cupertino $60,000 $60,000 Total $60,000 $0 $60,000 1. Does the Organization have a HUD - approved indirect cost plan? Yes 2. Does your agency charge fees for the services that you are requesting funding for? If so, please attach a fee schedule. No 3. If your organization is not leveraging the requested CDBG funds with other funds, please explain why. D. Other Information - Attachments Check each line item that you will attach. Attachments must be uploadedo. 1. Please submit the following documents in support of your application: E Articles of Incorporation/Bylaws. Articles of Incorporation.pdf E Authorization - Download this document print and sign it, and si nag tur� upload the signed document. 2. If your application is selected for funding, you will be required to submit the information below at a later date: E Policy & Procedures Manual. Include policy prohibiting discrimination, grievance procedures, and conflict of interest. E Nonprofit Determination. Submit determination letters from the Federal Internal Revenue Service and the State Franchise Tax Board documenting the organization is tax exempt. .: E List of Board of Directors. Include the name, telephone number, address, and occupation or affiliation of each member. Identify the principal officers of the governing body. E Authorization to Request Funds. Documentation must be submitted of the governing body's authorization to submit the funding request. This consists of a copy of the minutes of the meeting in which the governing body's resolution, motion, or other official action is recorded. E Designation of Authorized Official. Documentation must be submitted of the governing body's action authorizing the representative of the agency to negotiate for and contractually bind the agency. This consists of a signed letter from the Chairperson of the governing body providing the name, title, address, and telephone number of each authorized individual. E Organizational Chart. Include the organization's administrative framework and staff positions. E Financial Statement and Audit. Describe any findings or concerns that were cited in the audit or in any accompanying management letter, particularly pertaining to the use of CDBG funds. Also, describe any actions taken to correct identified findings or concerns. E Resume of Chief Program Administrator. E Resume of Chief Fiscal Officer. E Proof of Liability Insurance. E E Program Manager Signature Beverley Jackson Date Signed 03/04/2011 169 ADMINISTRATIVE SERVICES DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3227 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: April 5, 2011 Subs ect Fiscal Year 2011 -12 Fee Schedule Recommended Action Adopt Resolution No. 11- , approving the 2011 -12 fee schedule. Description The new fee schedule, effective July 1, 2011, carries over the current schedule with various changes as described. Di -,cii -,-,ion Summary User fees are reviewed each year in conjunction with budget preparation. City policy is to ensure that, to the extent possible, fees cover the cost of providing services. The maj ority of the fees proposed for adoption are based on the actual cost to perform the service. Some fees, such as those for General and Recreation purposes, are based on market conditions or fees charged by outside service providers or other governments. Many fees have not changed since the last increase on July 1, 2009. Over the past two years, the Bay Area consumer price index has increased 3.5 %. Staff salary and benefits, including pensions, will increase by approximately 6.5% from 2010 through 2012. After implementing processing efficiencies, staff recommends Planning, Building, and Engineering fee increases of 3 %, in order to keep up with the cost of providing service. Since these fees are primarily development related, not keeping up with the cost of service results in a General Fund subsidy to developers. In addition, a few fee classifications are added to reflect existing processes and permits and to improve clarity, consistency, and accuracy. A small portion of General and Recreation fees are also changed. Because fees go into effect at least sixty days after adoption, the schedule is brought to the Council at this time in order to have the fees effective at the beginning of the new fiscal year. Schedule A - General Fees • Mostly unchanged. • Fingerprinting and false alarm charges rise because of higher law enforcement costs. • Municipal parking violation fines up $5 due to higher County charges of $3 and to keep fines in line with other jurisdictions. • Small income business license and database report fees increased $1 in conjunction with the consumer price index. 170 Schedule B Engineering Fee Changes • 3% increase. • Geotechnical, structural, landscape plan, and storm water management plan reviews involving outside specialists are recommended to have a $1,000 to $5,000 refundable deposit to cover the cost of the review. Similar to Planning and Building current practice, a standard hourly rate of $130 may be charged for large projects requiring a level of staff support greater than the scope of work included in the regular fee schedule. Schedule C Planning Fee Changes • 3% increase. • Planned Development Permit classifications have been added to the existing Conditional Use Permit fee categories. It replaces Conditional Use Permits for projects in Planned Development Zones and is charged at the same rate. • A new fee for Administrative Conditional Use Permits involving uses that are generally acceptable in the commercial zones but require additional staff level review and discretion to ensure that there are no negative impacts to the surrounding uses and neighborhood. Currently, these types of permits are processed only with a Minor Conditional Use Permit at twice the fee. • A new fee for amending a Conditional Use Permit or Planned Development Permit at half the cost of issuing a new permit. • A new $500 fee covering the Reasonable Accommodation review and approval process described in the zoning ordinance. Currently there is no fee for this process that necessitates four hours of staff time. • A new $173 fee to research and issue a Public Convenience and Necessity Letter required by the Department of Alcoholic Beverage Control when a business is applying for an alcoholic beverage license where there is a high concentration of such licenses and /or a higher than average crime rate exists. Similar to staff time for a Zoning Verification Letter. Schedule D Building Fee Changes • 3% increase. • To encourage alternative energy systems, Electric Vehicle Charging Station and Solar Water Heating permit fees will be issued by the City at a reduced fee of $100 that is half the cost of review and inspection. To better serve the community, a small number of miscellaneous fees are added to clarify certain charges that are already being assessed under a general category. These additional fee items help staff and the public quickly identify a particular fee category and take the guess work out of deciding which line item best fits the service provided. This improves the consistency and accuracy of the overall permit fee. 171 Schedule E Recreation Fees Mostly unchanged. Modified the Community Hall rental fees to be consistent with Quinlan Community Center Cupertino Room charges. Monta Vista Recreation Center and Creekside Park Building rental fees increased to bring the charges in line with similar facilities in Sunnyvale, Santa Clara, Mountain View, and the Quinlan Center. Fiscal Impact Approximately $82,400 in additional General Fund revenues will result from the fee increases. Not adopting the increases means that the higher cost of providing these services will not be fully recovered by fees and the service cost will compete with funds used for City services benefitting the general public. Prepared by: David Woo, Finance Director Reviewed by. Carol A. Atwood, Director of Administrative Services Approved for Submission by. David W. Knapp, City Manager Attachments: Resolution Fee Schedule Table of Contents Fee Schedule A — General Fee Schedule B — Engineering Fee Schedule C — Planning Fee Schedule D — Building Fee Schedule E - Recreation 172 RESOLUTION NO: II- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NUMBER 10 -072 AND ADOPTING USER FEES WHEREAS, the State of California requires fees charged for service rendered not to exceed the cost of delivering said services; and WHEREAS, a public hearing has been held to review user fees; and WHEREAS, the City Council of the City of Cupertino has established guidelines for setting user fees; NOW, THEREFORE, BE IT RESOLVED that: 1. User fees are established per attached Schedules A thorough E 2. User fees are effective July 1, 2011 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of April, 2011 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 173 CITY OF CUPERTINO SUMMARY OF USER FEES Resolution 11- Fees Effective July 1, 2011 Department General Engineering Planning Building Recreation Schedule A B C D E 174 CITY OF CUPERTINO Resolution 11- Fees Effective July 1, 2011 Schedule A - General Photocopies - per sheet Microfilm /Microfiche Printout Budget Documents - CD Only Comprehensive Annual Financial Reports (CAFR) - CD Only Returned Check Charge Late Payment on 30 Day Delinquent City Invoices Property Liens Administrative Fee Municipal Code Book Williamson Act Filings Candidate Statement Fee (County Regulated Fee) Video /Audio Service VHS DVD CD Audio Cassette Notary Fee (State Regulated Fee) Fingerprinting Processing (State $32 plus C4-y County Fee $4-3 $20) Handbill Permit Renewals Solicitor Permit (Includes fingerprinting) Renewals Massage Establishment Fee (Includes fingerprinting/background check and business start-up inspection) Establishment with Therapist Permit Renewals (Includes two inspections per year) Massage Therapist Fee (Includes fingerprinting/background ck) Therapist with Managing Employee Renewals Massage Managing Employee (Includes fingerprint/bkgrnd ck) Managing Employee with Therapist Permit Renewals Massage Permit Appeal (Denial /Revocation) Taxi Driver Permit (Includes fingerprinting/background check Renewals Changes indicated in strikethrough and bold. $0.20 $0.50 /frame $13.00 each $13.00 each $25.00 12% per annum $40/book/block/parcel lien Vendor Invoice $105.00 Current County Registrar Cost $13.00 /tape $21.00 /DVD $13.00 /CD $2.15 /tape $10.00 /signature $45.00 $ 52.00 $60.00 $30.00 $90.00 $45.00 $349.00 $379.00 $90.00 $289.00 $319.00 $60.00 $289.00 $319.00 $60.00 $155.00 $300.00 $180.00 G:\ Finance\ Budget \FEESCHEDULES \2011 \PROPOSEDFee Schedule_A_General 2011.xlsx 175 CITY OF CUPERTINO Changes indicated Resolution 11- in strikethrough and bold. Fees Effective July 1, 2011 Schedule A - General All Municipal Code Parking Violations (including County and State fees) $55.00 $ 60.00 CVC Parking Citation Dismissals Admin Fee (State Regulated Fee) $25.00 Noise Variances $174.00 Duplicate Business Licenses $27.00 Small Income Business License $65.00 $ 66.00 Business License Database $105.00 $106.00 New Business Monthly Reports $22.00 /month Community Festivals W40 $8.95 /day /vendor Farmers Market $240 $2.25 /week/vendor Flea Markets $4.50 $9.65 /month /vendor Sign Removal (Public Right -of -Way) $30.00 /sign Dangerous Dog Annual Registration Fee $180.00 Internet Processing Fee $2.00 /transaction False Alarms $150.00 $ 153.00 Petitions for Reconsideration $259.00 Abatement Fee Actual Cost * Compilation of New Records (requests greater than 1/2 hour) Actual Cost * Graffiti Cleanup Actual Cost * Event Video Taping /Editing Actual Cost * Damage to City Property Actual Cost * Grounds, Streets, Facilities, Traffic Engineering /Maintenance Code Enforcement Actual Cost * Public Requests for GIS Printed Maps Standard pre - formatted maps Plotted maps $25.00 Printed maps $2.00 Custom request maps Actual Cost Prints or plots of aerial photography, see Engineering fees Public Requests for GIS Data Digital data layers for GIS data $25.00/layer $200.00 for all city layers G:\ Finance\ Budget \FEESCHEDULES \2011 \PROPOSEDFee Schedule_A_General 2011.xlsx 176 CITY OF CUPERTINO Resolution 11- Fees Effective July 1, 2011 Schedule A - General Custom request data layers on CD -ROM Ortho - rectified aerial photography Outside Agency Review / Services Changes indicated in strikethrough and bold. Actual Cost * $25.00 /tile $300.00 full City of Cupertino (153 tiles) Vendor Invoice plus 10% City Admin Fee Actual cost is: 1) Employee hourly rate plus 55% for benefits and overhead, and 2) cost of materials, contractors and supplies. G:\ Finance\ Budget \FEESCHEDULES \2011 \PROPOSEDFee Schedule_A_General 2011.xlsx 177 CITY OF CUPERTINO Resolution 11- Fees Effective July 1, 2011 Schedule B - Engineering Street Cuts Miscellaneous - Cost of Improvements $10,000 or under - Cost of Improvements between $10,001 and $15,000 - Cost of Improvements $15,001 and over - Utility, greater of $1,507 $1,552 minimum or 5% of cost of improve Changes indicated in strikethrough and bold. 3% increase unless otherwise noted. $23Z -00 $239.00 $347.00 $357.00 5% of cost $ , 507 ffl iniffieffi $1,552.00 minimum Grading permit; greater of $2,317 $2,387 min. or 6% of cost of improve. $2,317 ffl ffie .. $2,387.00 minimum Parcel Map /Tract Map (Map Checking Fee) - Parcel Map (1 -4 lots) - Tract Map (> 4 lots) Plan Check and Inspection - Review of Building Permit Only Review of Public /Private Improvement Plans: - Residential; greater of $2,468 $2,542 min. or 5% of cost of improve. - Commercial; greater of $3 $4,101 min. or 6% of cost of improve. Geotechnical Review Structural Review Green Bldg Code Landscape Plan Review Fee (applies to 10k ft or greater development area in 2011) C3 Stormwater Management Plan Review Fee (applies to 10k ft or greater development area in 2011) *Per Outside Agency Review /Services on Schedule A - General Confirmation of Planning Applications Annexation (plus County filing fee) Certificates of Compliance Encroachment Permits - Residential - Non - Residential - Annual Utility Company - Pool Permit Lot Line Adjustment G:\ Finance \Budget \FEESCHEDULES \2011 \Fee Schedule_B_ Engineering 2011 $3,878.00 $8,052.00 $597.00 $2,469 ffl iniffieffi $2,542.00 minimum $3,99 -2 ffl iniffieffi $4,101.00 minimum *Cost of review + 10% $2,000.00 deposit required *Cost of review + 10% $2,000.00 deposit required *Cost of review + 10% $1,000.00 deposit required *Cost of review + 10% $5,000.00 deposit required Q59-00 $258.00 $1 , 620.00 $1,669.00 Q'� x.04 $1,431.00 $23Z -00 $239.00 $23-2-00 $239.00 $405.00 $417.00 $580.00 $597.00 $00 $2,746.00 178 CITY OF CUPERTINO Resolution 11- Fees Effective July 1, 2011 Schedule B - Engineering Engineering Copies - Microfiche Q 3 �iie - Improvement Plans Q'''� 3 �iie - Traffic Reports /Plans Q'''� 3 �iie - Microfilm $0.57%e*-� * * Price is for first sheet only. Each additional sheet is $11.12 $11.56. Transportation Permit (State Regulated Fee) - Single $16.00 - Annual Utility Company $90.00 - Additional Engineering Investigation or Coordination $59.00/hr. Telecommunications Facility Fee (5% increase per year) Changes indicated in strikethrough and bold. 3% increase unless otherwise noted. $23.50 /sheet $23.50 /sheet $23.50 /sheet $0.59 /frame - Installation Rate $2-08 $2.18 /lineal ft. of conduit /yr - Occupancy Rate $44-0 $1.16 /lineal ft. of leased conduit /yr Banners - Large Banners Across Stevens Creek Boulevard $372.00 $383.00 - Small Banners on Light Poles (for 20 poles) $73-2.00 $754.00 Aerial Photo Custom Work 24" x 36" $59 $61.00 /sheet 8 1/2" x 11" $11.72 /sheet Soil /Geo Report Research s1 , $1,431.00 Schools - Traffic Request $1,4-26.00 � $1,469.00 Special Events $ ,263.04 $1,301.00 Block Party No Charge Parades $1,069. $1,101.00 Vacation of Public Street ROW /PUE $534. -00 $550.00 Small Traffic Calming Request $1,00-2.00 om $1,032.00 Rural /Semi -Rural Classification Application $696.00 $717.00 Comprehensive Neighborhood Traffic Request $ ,n�-00 $2,053.00 Certificate of Correction $ 2.09 $157.00 Floodplan Evaluation $59.00 $61.00 Permit Parking Study $1,017.00 om $1,048.00 Streamside Review $36-2.00 $373.00 G:\ Finance \Budget \FEESCHEDULES \2011 \Fee Schedule_B_ Engineering 2011 2 179 CITY OF CUPERTINO Resolution 11- Fees Effective July 1, 2011 Schedule B - Engineering Changes indicated in strikethrough and bold. 3% increase unless otherwise noted. Applications may be subject to an hourly fee of $130.00, for applicable staff time, for cost recovery. This hourly rate applies to large projects that require a level of staff support greater than the scope of work included in the regular fee schedule and will be based on the time required to process the entire project. The applicant will be notified if this fee is applicable to their project. G:\ Finance \Budget \FEESCHEDULES \2011 \Fee Schedule_B_ Engineering 2011 :1 CITY OF CUPERTINO Changes indicated in Resolution 11- strikethrough and bold. Fees Effective July 1, 2011 3% increase. Schedule C - Planning DEFINITIONS A. Major Five thousand or more square feet commercial; 10,000 or more square feet office /residential; eight or more residential units. B. Minor Less than 5,000 square feet commercial; less than 10,000 square feet office /residential; less than eight residential units. C. Appeal A request from the project applicant or interested party to reverse or amend a decision made by staff or an advisory body. An appointed public official serving on the board that made the decision subject to the appeal, an appointed public official serving on a board that is directly affected by the decision and the City Council members are exempted from the fee requirement. D. Directors Application An application that receives final approval by staff either via an advertised public hearing or non - hearing format. The application may involve a pre - application meeting and /or Environmental Review committee review. E. Temporary Sign Permit A staff review of a temporary sign application that includes an evaluation of the sign request, the entry into the temporary log and site review by Code Enforcement Officers. The permit fee is in addition to the submittal of a deposit to guarantee removal of the sign upon expiration of the temporary permit. F. Tentative Map Five or more parcels. G. Parcel Map Four or less parcels. H. Housing Mitigation Fee Fee collected is used to construct new affordable residential units for Cupertino residents and employees. The fees mitigate the need for affordable units caused by expanding offices, retail, hotel and industrial buildings creating new jobs and new residential development creating a need for more affordable development. An impact fee shall be assessed on any new retail, hotel and office /industrial development applications. The following uses shall be exempt from the impact fee, but still required to provide Below Market Rate Housing as part of a residential development: projects in a redevelopment project area and mixed use projects providing two thirds residential and one third retail /office. An in -lieu fee shall be assessed on all new residential units in developments of and on new single family lots created through a subdivision. Existing single family lots are exempt. Note: Mixed use applications will be classified based upon the highest intensity and review process. The Direct( of Community Development will have discretion to classify projects based upon the above criteria. 181 CITY OF CUPERTINO Changes indicated in Resolution 11- strikethrough and bold. Fees Effective July 1, 2011 3% increase. Schedule C - Planning General Plan Amendment Authorization - Major - 4160.00 $4,285.00 General Plan Amendment Authorization - Minor y2 ,079..00 $2,141.00 Study Session - 4,160. $4,285.00 General Plan Amendment - Major e 1-2 $13,346.00 General Plan Amendment - Minor e 6 �--0 400 $6,673.00 Development Agreement ' e ''� r-' . $17,647.00 Zoning - Minor 3,209. $3,305.00 Zoning < one acre e 6 �--0 400 $6,610.00 Zoning one to five acres y 9755-00 $10,048.00 Zoning > five acres e ' 3 � �-291.00 $13,690.00 Tentative Map (See Definition F) 14 $14,564.00 Parcel Map (See Definition G) - 6,604. $6,802.00 Use Permit / Planned Development Permit - Major $ 1 4,� 2T T4 00 $14,564.00 Use Permit / Planned Development Permit - Minor $ 6,604.00 $6,802.00 Amendment to Use Permit / Planned Development Permit - Major NEW $7,282.00 Amendment to Use Permit / Planned Development Permit - Minor NEW $3,401.00 Architectural and Site Approval - Major 6,604 00 $6,802.00 Architectural and Site Approval - Minor y 3,19 $3,290.00 Planning Commission Interpretation y 3,- 230.00 $3,327.00 Exception yz4 0. $2,565.00 Hillside Exception e 6 �-- x,264. $6,452.00 R -1 Design Review yzz17. 0 $2,284.00 R -1 Exception y -2, 4 90 $2,565.00 Minor Residential Permit y 1,115. $1,148.00 Environmental Impact Report (Plus State & County Filing Fees) 7^ 00 $25,480.00 Negative Declaration - Major (Plus State & County Filing Fees) 3 $3,920.00 Negative Declaration - Minor (Plus State & County Filing Fees) yT0-200 $1,959.00 Categorical Exemption (Plus County Filing Fee) -2z;0.00 $227.00 a , 77ti nn y�o :i CITY OF CUPERTINO Changes indicated in Resolution 11- strikethrough and bold. Fees Effective July 1, 2011 3% increase. Schedule C - Planning 639.00 $658.00 Sign Exception y 1�4 $1,923.00 Fence Exception y 634 $653.00 Director - Variance y1,594 $1,642.00 Director - Minor Modification y 1,11 $1,148.00 Conditional Use Permit - Administrative NEW $3,401.00 Reasonable Accomodation NEW $500.00 Tree Removal Permit First Tree 160.00 $165.00 Each Additional Tree y oho $83.00 Retroactive Tree Removal Permit y��5l.00 $2,937.00 Tree Management Plan y 1,11 $1,148.00 Temporary Use Permit y 1,274. $1,312.00 Temporary Sign Permit (See Definition E) y i 9 $192.00 Sign Program y 639.00 $658.00 Appeals (See Definition C) 10-2.00 $167.00 Zoning, Planning, Municipal Code (Building Permit Fees) Commercial /Multi - Family $0.26/sq. ft. Residential Single Family $0.13/sEt. f $0.13 /sq. ft. Wireless Master Plan Fee: Equipment Mount on Existing Light Utility Pole 5.79 $6.00 Wireless Master Plan Fee: Other Personal Wireless Facility y1,15g.00 $1,193.00 Housing Mitigation In -Lieu Fees (See Definition H) Residential $2.75/sq. ft. Office /Industrial/Hotel /Retail /R &D $5.23/sq. ft. P(MP) e� 54/s $2.62/sq. ft. „zr Zoning Verification Letter y1o9.00 $173.00 Public Convenience and Necessity Letter (Alcoholic Beverage License) NEW $173.00 Applications may be subject to an hourly fee of $ " $130.00, for applicable staff time, for cost recovery. This hourly rate applies to large projects that require a level of staff support greater than the scope of work included in the regular fee schedule and will be based on the time required to process the entire project. 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(0 7 p '� N (0 O N a T O N co 00 Q) a E c L L_ N O O- E E C N N 3 a o o ° m U U c N N O a Q O O O v Q) Z Z Of 0 O a m Q N 7 O a m E N N Q o 7 O Y L_ U = i L Y U N N y y — (0 � y N L (5 N 3 O N a Y E � o N m 0 N `O C —C C U U 7 Q N N Q T m Q w E m O 7 Z o Y H Q O o N o LL LL U r N CITY OF CUPERTINO Resolution 11- Fees Effective July 1, 2011 Schedule E - Recreation Recreation classes and excursion fees shall be determined as follows: cl a ecae 1. Determine the maximum hourly rate paid to instructor. 2. Multiply the instructor's hourly rate by the number of class meetings. 3. Determine the minimum number of participants and divide into the instructor's cost. 4. Add indirect overhead percent - 32 %. 5. Add 20% to establish non - resident fee. 6. Add cost for specialized equipment or supplies. Special Conditions For classes taught by contract instructors, the indirect overhead is only added to the City's percentage. Excursions 1. Transportation cost divided by the number of participants plus overhead transfer. 2. Add 20% to establish non - resident fee. 3. Add any admission cost, supplies or leadership cost. Additional factors that may be used to determine the class or excursion user fee The total number of participants in a given activity may generate additional revenue whereby the total program cost may be reduced. Classes that traditionally have waiting lists may have the user fee increased. Programs in competition with adjacent cities or the private sector may require fees to be increased or decreased to remain competitive. G:\ Finance \Budget \FEESCHEDULES \2011 \Fee Schedule_ E_Parks Recreation 2011.xlsx217 CITY OF CUPERTINO Resolution 11- Fees Effective July 1, 2011 Schedule E - Recreation Facility Use Fee Schedule (Staff Use Only) CLASSIFICATIONS Group I: City of Cupertino activities that are open to the public. Official city sponsored programs. Group II: Clubs with 51% resident membership, recreation programs and events with full or affiliated city co- sponsorship and open to the public. Group III: Programs and events sponsored by Cupertino based non - profit recreation, education or community service organization with 51 % resident participation. These organizations must show an official structure and status. Group IV: Cupertino Residents /Cupertino Businesses - Private, special interest or business groups for functions not open to the public. These functions would include parties, banquets, receptions, industrial conferences, seminars, trade shows, etc. Group V: Programs and events sponsored by non - resident non - profit recreation, education or community service organization. These organizations must show official structure and status. Group VI: Non - Residents/ Non - Resident Businesses - Private, special interest or business groups for functions not open to the public. These functions would include parties, banquets, receptions, industrial conferences,seminars, trade shows, etc. G:\ Finance \Budget \FEESCHEDULES \2011 \Fee Schedule_ E_Parks Recreation 2011.xlsx218 CITY OF CUPERTINO Resolution 11- Fees Effective July 1, 2011 Schedule E - Recreation Quinlan Community Center ROOM RENTAL SCHEDULE PER HOURS Cupertino Room Mon -Fri up to 5:00 pm Fri 5:00 pm -Sun Co- Sponsored (Group II) $30 $80 Cupertino Non - Profit (Group III) $30 $80 Resident/Cupertino Business (Group IV) $140 $230 Non - Resident Non-Profit (Group V) $50 $140 Non- Resident/Non- Resident Business (Group VI) $170 $280 Social Room Co- Sponsored (Group II) $20 $60 Cupertino Non - Profit (Group III) $20 $60 Resident/Cupertino Business (Group IV) $45 $90 Non - Resident Non - Profit (Group V) $25 $75 Non- Resident/Non- Resident Business (Group VI) $55 $110 Conference Room* Co- Sponsored (Group II) $10 $25 Cupertino Non - Profit (Group III) $10 $25 Resident/Cupertino Business (Group IV) $40 $60 Non - Resident Non - Profit (Group V) $25 $50 Non- Resident/Non- resident Business (Group VI) $50 $75 *Note: Conference Room is not available to rent the months of June, July, or August Security Security staff is required when alcohol is served at any City facility. $25.00 per hour Overtime Fee Functions exceeding the permitted reservation time shall be charged $150.00 $200.00 for any time up to the first half hour, and $-150.00 $200.00 for every half hour thereafter. This charge will be deducted from the security deposit. This applies to all City facilities. Security Deposit A security deposit shall be required for Groups III, IV, V, and VI. Security deposit is due at time of reservation. The Department Director may also require a deposit based on the nature of an event. The security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits conclude on time. Quinlan Community Center Cupertino Room - Res /Cupt Bus. /Cupt. Bus. Promotional & Non -Res. $750 All Other Rooms - Res /Cupertino Business $300 All Rooms - Co- Sponsored /CuptNon- Profit/Non- Res./Non- Profit $300 General Liability Insurance - All groups required $1M w /endorsement - $2M w /alcohol, w /endorsement to policy showing City of Cupertino as Additional Insured. G:\ Finance \Budget \FEESCHEDULES \2011 \Fee Schedule_ E_Parks Recreation 2011.xlsx219 CITY OF CUPERTINO Resolution 11- Fees Effective July 1, 2011 Schedule E - Recreation Monta Vista Recreation Center /Creekside Park Building Room Rental Schedule Per Hour Morita Vista Creekside Park Recreation Center Building Classroom Co- Sponsored (Group II) $25 $30 $25 $30 Cupertino Non - Profit (Group III) $25 $30 $25 $30 Resident/Cupertino Business (Group IV) $50 $55 $50 $55 Non- Resident/Non- Profit (Group V) $40 $40 Conference Room /Kitchen Co- Sponsored (Group II) $25 $30 N/A Cupertino Non - Profit (Group III) $25 $30 N/A Resident/Cupertino Business (Group IV) $Sn $55 N/A Non- Resident/Non- Profit (Group V) $40 N/A Security Security Staff is required when alcohol is served at any City facility: $25.00 per hour. Overtime Fee Functions exceeding the permitted reservation time shall be charged $150.00 $200.00 for any time up to the first half hour, and $-150.00 $200.00 for every half hour thereafter. This charge will be deducted from the security deposit. This applies to all City facilities. Security Deposit A $100 security deposit shall be required for Groups III, IV, V and . Security deposit is due at time of reservation. The Department Director may also require a deposit based on the nature of an event. The security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits conclude on time. G:\ Finance \Budget \FEESCHEDULES \2011 \Fee Schedule_ E_Parks Recreation 201 1 17220 CITY OF CUPERTINO Resolution 11- Fees Effective July 1, 2011 Schedule E - Recreation Senior Center Annual Membership End of Aug. to End of Oct. Membership Sale Day Pass Fee Class Pass Day Trip Pass Resident Non - Resident $22 $30 $17 $22 $5 $5 $10 $15 $20 $25 Room Rental Schedule Per Hour Reception Room Co- Sponsored (Group II) Cupertino Non - Profit (Group III) Resident/Cupertino Business (Group IV) Non- Resident/Non- Profit (Group V) Classroom, Conference Room, Arts & Crafts Room, Bay Room Co- Sponsored (Group II) Cupertino Non - Profit (Group III) Resident/Cupertino Business (Group IV) Non- Resident/Non- Profit (Group V) Evenings and Weekends $12 $80 $230 $140 $12 $60 $90 $75 * Senior Center rooms are not available for rental Monday through Thursday 8:00 a.m. to 10:00 p.m. and Friday, 8:00 a.m. to 5:00 p.m. Security Security Staff is required when alcohol is served at any City facility: $25.00 per hour. Overtime Fee Functions exceeding the permitted reservation time shall be charged $150.00 for any time up to the first half hour, and $150.00 for every half hour thereafter. This charge will be deducted from the security deposit. This applies to all City facilities. Security Deposit A security deposit shall be required for Groups III, IV, V and VI. Security deposit is due at time of reservation. The Department Director may also require a deposit based on the nature of an event. The security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits conclude on time. Cupertino Senior Center Reception Hall - Group IV $750 All Other Rooms - Group IV $300 Group II, III, V - All Rooms $300 G:\ Finance \Budget \FEESCHEDULES \2011 \Fee Schedule_ E_Parks Recreation 201 1 x17221 CITY OF CUPERTINO Resolution 11- Fees Effective July 1, 2011 Schedule E - Recreation Outdoor Facilities Memorial Softball Field Cupertino residents /Resident business only $25.00 Non - Residents $40.00 Field can be reserved for a maximum of 2 hours. THERE IS NO FEE FOR CURRENT SOFTBALL TEAMS PLAYING IN CUPERTINO LEAGUES Field preparation (includes dragging, watering, chalking, and bases) $36.50 Field Attendant (2 hour minimum). Field Attendant is required any time lights or field $8.25/hr preparation is requested. Lights (in the evening) $5.00/hr Memorial Park Amphitheater Cupertino resident/Resident business $55.00 Non- Resident/Non- Resident business $75.00 Memorial Park Gazebo Cupertino resident/Resident business $55.00 Non- resident/Non- resident business $75.00 Picnic Areas (daily rate) Cupertino residents /Resident business $55.00 Cupertino business 575.00 Non - residents /Non - resident business $80.00 $75.00 XTon res i,...�,,, , i1vii ■�.�iue t "USI SS e>I nn..nn 0l .vv Electricity at Memorial or Linda Vista Park $25.00 Sports Field Fees Adult Leagues (two hour minimum) $50.00/hr Deposit $600.00 Youth Leagues (participant/season) Resident $11.00 Non - resident $22.00 G:\ Finance \Budget \FEESCHEDULES \2011 \Fee Schedule_ E_Parks Recreation 201 1 x17222 CITY OF CUPERTINO Resolution 11- Fees Effective July 1, 2011 Schedule E - Recreation Blackberry Farm Picnic Areas (Daily Rate) * Resident Non - Resident Area 1 - 200 -300 Person Picnic Area $250 $500 Area 2 - 100 Person Picnic Area $100 $200 Area 3 - 100 Person Picnic Area $100 $200 Area 4 - 50 Person Picnic Area $50 $100 Area 5 - 50 Person Picnic Area $50 $100 Area 6 - 25 Person Picnic Area $25 $50 Pool Pass for Picnic Area Groups $2 per person $3 per person Day -Use Pass Only Weekday Tuesday - Friday $4.00 $6.00 Weekend Saturday - Sunday $6.00 $8.00 Picnic area fees are due in full at the time of reservation. * Organizations may rent multiple areas. Swim Pass Options Resident Non - Resident 10 -day Pass $40 $60 Season Swim Pass (Mav -Sent Individual Pass $100 $140 2- Person Pass $160 $200 3- Person Pass $170 $210 4- Person Pass $180 $220 5- Person Pass $190 $230 6- Person Pass $200 $240 7+ - Family Members - per person $5 $7 G:\ Finance \Budget \FEESCHEDULES \2011 \Fee Schedule_ E_Parks Recreation 201 1 x17223 Day Passes Monthly Passes One Month One Month One Month Annual Passes One Year One Year One Year One Year One Year CITY OF CUPERTINO Resolution 11- Fees Effective July 1, 2011 Schedule E - Recreation Sports Center /Child Watch /Teen Center Tvbe Resident Non - Resident $7.00 $10.00 Single Couple Family $55.00 $75.00 $95.00 $65.00 $90.00 $115.00 Juniors ( <17) Single Couple Family Senior Sports Center Conference Room Rental Rates Multi- Purpose Room $295.00 $420.00 $805.00 $900.00 $375.00 $40.00 $60.00 ADDITIONAL CONDITIONS $330.00 $455.00 $880.00 $980.00 $405.00 $48.00 $72.00 1. The Cupertino Tennis Club will be charged $10.00/hour during primetime and $6.00/hour per court during non - primetime for all C.T.C. sponsored activities other than U.S.T.A. leagues and practices. 2. All competitors in C.T.C./U.S.T.A. leagues participating at the Sports Center must purchase an annual pass. 3. Individuals may purchase a ten pack of day passes, $60.00 Resident, $90.00 Non - Resident. 4. Specials will be offered on an on -going basis. Child Watch Fees One visit $5.00 Ten visits $45.00 One Month Pass $100.00 Teen Center Rental Rate $200.00 Per 3 hours Deposit $750.00 Overtime Rate: $100.00 first hour; $50.00 each half hour after. Daily Rate 10 Day Pass Teen Resident Teen Non - Resident No Cost $5.00 No Cost $40.00 G:\ Finance \Budget \FEESCHEDULES \2011 \Fee Schedule_ E_Parks Recreation 201 1 "17224 8 CITY OF CUPERTINO Resolution 11- Fees Effective July 1, 2011 Schedule E - Recreation Community Hall ROOM RENTAL SCHEDULE PER HOUR Mon -Fri Up to Fri 5:00 p.m.- 5:00 p.m. Sun Co- Sponsored (Group II) $80 $30 $250 $80 Cupertino Non - Profit (Group III) $fin $30 $25n $80 Resident/Cupertino Business (Group IV) $80 $140 $250 $230 Non - Resident Non - Profit (Group V) $80- $50 $250 $140 Non- Resident/Non- Resident Business (Group VI) $100 $170 $1 1 00 $280 Security Security staff is required when alcohol is served at any City facility: $25.00 per hour. Overtime Fee Functions exceeding the permitted reservation time shall be charged $150.00 $200.00 for any time up to the first half hour, and $150.00 $200.00 for every half hour thereafter. This charge will be deducted from the security deposit. This applies to all City facilities. Security Deposit A security deposit shall be required for All Classifications (Groups). Security deposit is due at time of reservation. The Department Director may also require a deposit based on the nature of an event. The security deposit will be refunded if no damage occurs, rooms are left in clean condition, and permits conclude on time. Community Hall All Classifications - Fri -thru Sun Resident /Cup Business /Cup Business Promotional & Non - Resident $750 All Classifications - Mon thru -Thurs Co- Sponsored /Cupertino Non - Profit /Non - Resident Non - Profit $300 11 U non - lJl V11L ✓V1V 1V1111 is pro .Uc U, U.V 1VV -S 4 11 - G:\ Finance \Budget \FEESCHEDULES \2011 \Fee Schedule_ E_Parks Recreation 201 1 x17225 CITY OF CUPERTINO Resolution 11- Fees Effective July 1, 2011 Schedule E - Recreation Blackberry Farm Golf Course Daily Green Fee Schedule Weekends Weekdays Resident Non - Resident Resident Non - Resident 9 -Holes $17.00 $19.00 $16.00 $17.00 Senior $17.00 $19.00 $14.00 $15.00 Junior $14.00 $16.00 $14.00 $15.00 Second 9 Holes (all players) $11.00 $13.00 $11.00 $13.00 All Groups and Tournaments pay the full rate (Cupertino residents still applies). Staff is authorized to set merchandise fees according to current cost. Annual Rate ()Yeekdays Onlyl Adults (17 -61) Jr /Sr Cupertino Residents $1,040 $965 Non - Residents $1,225 $1,135 Semi - Annual Rate (Weekday) Weekday Cupertino Residents $610 $520 Non - Residents $645 $575 Super Annual Rate (Good on Weekends & Holiday Res. Res. Cupertino Residents $1,175 $1,175 Non - Residents $1,315 $1,315 Super Semi - Annual Rate (Good on Weekends & Holiday 4 of Plays Cupertino Residents $595 $595 Non - Residents $700 $700 Weekend Weekend Res. NR $160 $180 $300 Quick Passes $420 $480 $520 Weekday Weekday Weekday Weekday Senior Adult Senior Adult Res. Res. NR NR Savings 4 of Plays per round 10 $1 $130 $150 $150 $160 20 $2 $240 $280 $280 $300 30 $3 $330 $390 $390 $420 40 $4 $400 $480 $480 $520 50 $5 $450 $550 $550 $600 Weekend Weekend Res. NR $160 $180 $300 $340 $420 $480 $520 $600 $600 $700 Golf fees may be increased /decreased at the discretion of the City Manager, Resolution No. 04 -350. G:\ Finance \Budget \FEESCHEDULES \2011 \Fee Schedule_ E_Parks Recreation 2011.x, 10 PUBLIC WORKS DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: April 5, 2011 Subs ect Alternative Bridge Locations and Trail Alignments for Stevens Creek Corridor Project Phase 11. Recommended Action Adopt the Base Alignment bridge location and a general trail alignment between the second row of orchard trees and the creek riparian zone for the Stevens Creek Corridor Park Phase II. Discussion On January 18, 2011, Council authorized staff to initiate various actions for the project, including initiating the design effort for Alternative 4A (consisting of an east bank creek restoration and using approved master planned bridge and trail alignment). On March 15, 2011, Council held a Study Session to discuss alternative bridge locations and trail alignments. A regular agenda item was also heard with the intent of adopting a bridge alignment and general trail parameters so that the next phase of design could proceed and that fewer alternatives would need to be studied during the CEQA analysis. The Council directed staff to report back on April 5 with the following: • Consider locating the trail between the second row of orchard trees and a riparian setback from the creek bank • Analyze additional upstream bridge locations • Meet with the Stocklmeir Task Force • Provide a cost and design analysis for each alternative • Look at how the trail will intersect with Stevens Creek Boulevard On March 28, 2011, staff met with the Stocklmeir Task Force and presented alternative bridge locations for their consideration. Those alternative locations, along with the Base Alignment alterative, are depicted in the attached exhibits and summarized below. 227 Bridge alternatives, numbered 2, 3 and 4, are provided for as Exhibit A for Council consideration. Alternative Bridge Location No. 2 This bridge will need to be approximately 70 feet in length to span the creek and prevent damage to the roots of several large sycamore and oak trees. The western end of the bridge will extend substantially inside the Meadows 100 foot setback and be approximately 50 feet from the Meadows property line and the nearest residence. The installation of this bridge will require the removal of an oak tree on the east bank that is approximately 28 inches in diameter. Alternative Bridge Location No. 3 This bridge will need to be approximately 85 feet in length to span the creek and prevent damage to the roots of several large oak trees. The western end of the bridge will extend substantially inside the Meadows 100 foot setback and be approximately 60 feet from the Meadows property line and the nearest residence. The installation of this bridge will require the removal of several buckeye trees on the west bank and a 13 inch elderberry on the east bank. An unhealthy sycamore on the east bank will most likely need to be removed for safety reasons. Alternative Bridge Location No. 4 This bridge will need to be approximately 105 feet in length to span the creek and prevent damage to the roots of a very large (84 inch diameter) oak tree on the west bank. The western end of the bridge will rest outside the Meadows 100 foot setback. The installation of this bridge will require the removal of an unhealthy sycamore on the east bank for safety reasons. Base Alignment The Base Alignment bridge will be approximately 60 feet in length to span the creek and prevent damage to the roots of a very large (84 inch diameter) oak tree on the west bank. Several limbs on the oak tree will need to be trimmed for both construction and eventual pedestrian safety. The western end of the bridge will rest well outside the Meadows 100 foot setback. A 16 inch diameter oak tree on the east bank may need to be removed to install the bridge. At the conclusion of the Stocklmeir Task Force meeting, the members reached a general and near unanimous agreement that they preferred the Base Alignment bridge alternative for a variety of reasons. They also recommended that the trail be routed through the eastern edge of the orchard, near the creek but outside a riparian zone. The task force urged this route be accepted to protect the orchard and still provide for a nearby creek experience by the trail users. Important factors for the Task Force members were that the trail separate the creek and orchard experiences and that as much flexibility as possible be retained for the future Legacy Farm. Staff will continue to work with the Task Force as the trail design progresses. 228 Bridle Alternative Cost Comparison Alternative No. Bridge and Protective Fence Cost Impact from Base Base Alignment 0 2 (10, 000) 3 35,000 4 65,000 The project budget currently accommodates an amount for the Base Alignment bridge span and the necessary foundation system. The foundation and installation costs for the alternatives would also be higher due to the increased length of the spans. The alternative bridge locations would reduce the length of golf protection fence required and thereby the cost of the associated protection fence. The table above shows the approximate net impact to the current budget for each of the alternative bridge locations. It should be noted that the above cost estimates shown in the table are rough estimates. Trail Alignment The Stocklmeir Task Force members also concluded that the trail would create the least number of impacts if it were routed along the east side of the orchard near the creek riparian zone. Members of the task force representing the Meadows agreed that the trail could encroach onto the 100 foot setback but should not be placed any closer than the second row of orchard trees. The second row of orchard trees is approximately 80 feet from the Meadows property line. The task force members also agreed with the suggestion that additional orchard trees could be planted along the west side to enhance privacy if the trail were routed along the west side of the orchard. The design of the trail's intersection with Stevens Creek Boulevard will take into account bike and pedestrian safety and will employ best design elements to accommodate the perpendicular intersection and the vehicular speeds on eastbound Stevens Creek Boulevard. Measures could employ both physical and signage elements to lessen the potential for conflicts. Conclusion Staff agrees with the Stocklmeir Task Force that the Base Alignment bridge location and that an easterly orchard trail route strike the best balance for all the stakeholders concerned. Sustainability Impact Any one of the proposed alternative bridge locations and a trail alignment between the second row of orchard trees and the creek riparian zone would fully support the City's sustainability goals. Prepared by: Terry Greene, City Architect Reviewed by. Timm Borden, Director of Public Works Mark Linder, Director of Parks and Recreation Approved for Submission by. David W. Knapp, City Manager Attachments: Exhibit A - Bridge Location Alternatives Exhibit B - Stocklmeir Task Force Meeting Notes 229 Attachment A 0 N U (u Q Q Q I " 0 w ' L L 2 Q u x z a) LJJ iC U W J � Q N W N a -+ N n 7 y Co 230 ATTACHMENT B EXHIBIT B Stevens Creek Corridor Park - Phase II Stocklmeir Task Force Meeting Notes March 28, 2011 Overview: Timm Borden, Director of Public Works made opening statements and provided background information regarding the Phase II project and Council's direction to investigate alternative bridge and trail locations for the April 5, 2011 City Council meeting. Terry Greene, City Architect, presented the project hist bridge locations and trail alignments. Mr. Greene expl about the bridge and trail locations with respect to the setback expected to be approximately 50 feet from the wants to hear concerns and suggestions so staff can ma said that a bridge location and alignment need to move grant funding deadlines can be met, and a final Council Mr. Greene said that an Gail Seeds, Project Mangy the Meadows was locat€ locations, how long they loss of trees for each Ioc I task force meeting oryrrand the current status regarding alternative ained that the meeting was to receive feedback 100' setback from the Meadows and a riparian top of bank at the creek. He also said the City ke recommendations to City Council. Mr. Greene forward in the CEQA process so that current decision can be made on May 17, 2011. eduled prior to May 17, 2011. E!r, described each of th . The group viewed exh fould_likely be, and how ion mieht be. Task Force'' Comments and Concern Q. There is a vision for a Legac way as to preclude the rest( A. Staff will work with the task preserve the legacy fa locations and where the 100' setback from le Ms. Seeds explained each of the bridge ated to the 100' setback and what the general on the'Stocklmeir site — don't place the trail or bridge in such a of the orchard into a legacy farm. and the design team to find the optimum trail location that will Q. If the bridge is moved upstream from the Base Alignment, the golf course ball protection fence will be shorter — won't that be better for the trail users and the golfers? A. Yes, a shorter fence would be better for both trail users and golfers. Q. If the golf course protection fence is a net type like the one near the Blackberry Farm parking lot it may cause a problem for birds in the riparian area along the creek. Page 1 231 A. The golf ball protection fence is expected to be a chain link fence with a curved top — it should not be a hazard. Netting is not planned for any part of the fence. Q. Are there any trees that will be lost if the bridge is moved upstream? A. Yes, in one case for bridge alternative number 2, a large oak tree will have to be removed. A mature sycamore will also probably need to be removed for alternatives 3 and 4 but it has a large hole in its base and may need to be removed as a safety item anyway. Several buckeye trees will need to be removed for bridge alternative 3 as well. (it should be noted that an oak will need to be removed for the Base Alignment bridge as well — this was overlooked and not mentioned in the meeting) Q. If bridge alternative number 2 were selected, wouldn't only one resident in the Meadows be affected by the trail encroaching into the 100 foot setback? A. Yes, if the trail were routed along the edge side of the orchard. Q. Would the members of the MeadmA were routed no closer than the seco could be planted in the large open sl A. We think so. Pr Q. Does the trail need to be 8 feet A. Yes, it is the appropriate wi Q. What type of trail material hr A. The trail through the orchard could consist of decomposed Q. Please don't let the re a con ? f the eastern creek riparian zone and not along the west ing to be flexible on the 100 foot setback if the trail if orchard trees? 'Possibly another row of orchard trees r the property line to provide more privacy. bicyclists passing each other and giving room for pedestrians too. idered? not need to be the hard but porous concrete used in Phase 1. It ite or like material and flush with the orchard on either side. Ik on the orchard tree roots. It will kill the trees. A. We will route the trail past the orchard trees to protect the root zones. We may need to transplant some trees to prevent them from being damaged by trail users. Q. Can the orchard trees be transplanted? A. Yes, we believe so. Q. What are the City's plans for the old well and pump houses at the upper end of the orchard? Page 2 232 A. We intend to see if the well can be put back into service. It was damaged in the 1989 earthquake. We would like to use it for irrigating the orchard since we believe we obtained the water rights when we purchased the property. Q. The well lid needs to be checked for safety reasons. A. We will do that right away and make it safe. Q. How wide will the bridge be? A. We're planning on a 10 foot wide bridge like the one crossing the creek to the picnic area at Blackberry Farm. The bridge needs to be wide enough to allow a small maintenance vehicle to pass over it. Q. How close to the creek can the trail be place creek in places to enjoy the creek. A. If the trail follows along the riparian, created where trail users can walk u Q. Does the trail have to A. Yes, unfortunately it controlled by the exi <_ large eucalyptus, tree Q. There seE A. Yes, the g would be being hit. to be a teeing off t o route the Q. Where will the buses Stocklm d? It would be nice if trail users could walk down to the the creek, we too hope that a place or two can be o the creek. there is no alternative route for the trail. The driveway width is )ck wall around the house, the rock ponds near the front, and also by a he entry. )If balls, in the orchard just north of where the backwater is planned. )ward the ninth hole often hit balls across the creek by accident. It trail a little further to the west in that area to prevent trail users from off people or children using the trail? A. The bus drop off locations are currently being designed and are expected to be located along Stevens Creek Blvd. since the large buses cannot be safely driven into the Stocklmeir driveway nor can they even be driven into the Blue Pheasant parking lot without losing a number of required parking spots. Q. We hope that whatever alternatives are selected, they will not threaten the possibility of getting the grant money for creek restoration. Page 3 233 A. We agree and we're trying very hard to keep the project on schedule. Q. It appears that there is general consensus that the best bridge location is the Base Alignment and the best trail alignment is along the east side of the orchard just outside the riparian zone. A. Thank you for your participation today. We will present this information to the Council at the April 5 th meeting. We will follow up with another task force meeting before the May 17 meeting and, if the Council gives us direction to proceed with the project, we will invite your comments again du Page 4 234 COMMUNITY DEVELOPMENT DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: April 5, 2011 Subs ect Reconsideration petition for a City Council denial of an appeal of an approved wireless communications facility at 11371 Bubb Road Recommended Action Conduct a hearing on a petition for reconsideration regarding the City Council's decision on the wireless communications facility at 11371 Bubb Road. Adopt Resolution No. , Denying the Petition of Shaul Berger seeking Council reconsideration of its decision to approve the wireless communications facility at 11371 Bubb Road in accordance with Planning Commission Resolution No. 6616 (See Attachment A). Description Petition to reconsider a City Council decision to deny an appeal of a Director's Minor Modification Approval to allow a personal wireless service facility, consisting of three panel antennas and associated equipment installed on an existing Pacific, Gas & Electric pole located in front of 11371 Bubb Road. Discussion Background The following is a summary of the various events that occurred regarding this project leading up to the reconsideration request: Sept. 7, 2010 Community Development Director approved wireless facility with a Director's Minor Modification, DIR- 2010 -28 (Attachment B). Sept. 20, 2010 Project approval appealed by adjacent property owner Shaul Berger (Attachment Q. Nov. 9, 2010 The Planning Commission considered the appeal and recommended denial of the appeal on a 4 -0 -1 vote (Attachment D, E, & F). Nov. 29, 2010 The City Council heard the appeal and denied it on a 3 -2 vote (Attachment G, H). Dec. 9, 2010 Appellant Shaul Berger files petition for reconsideration (Attachment I). Feb. 1, 2011 Reconsideration hearing continued to March 15, 2011. March 15, 2011 Reconsideration hearing continued to April 5, 2011. 235 Background/Council Direction The City Council continued the reconsideration hearing from February 1, 2011 to March 15, 2011 to give the petitioner and applicant time to discuss their differences in calculating the radio frequency energy exposures of the proposed T- Mobile personal wireless service facility. A continuance was requested by the petitioner because his engineer would be out of the country in March, and this was agreed to by the applicant. The City Council continued the hearing to April 5, 2011. The applicant attempted to reach the petitioner in February but was not successful (Attachment M ). Since they have not had discussions, there is no new information for staff to present on radio frequency energy exposures. Basis for the Reconsideration The City's Municipal Code, section 2.08.096, provides procedures for interested parties to petition the City Council to reconsider its decisions. A petition for reconsideration shall specify in detail each and every ground for reconsideration. Failure of a petition to specify any particular ground or grounds for reconsideration precludes that particular omitted ground or grounds from being raised or litigated in a subsequent judicial proceeding. The grounds for reconsideration are limited to the following: 1) An offer of new relevant evidence which, in the exercise of reasonable diligence, could not have been produced at any earlier city hearing. 2) An offer of relevant evidence which was improperly excluded at any prior city hearing. 3) Proof of facts which demonstrate that the City Council proceeded without, or in excess of its jurisdiction. 4) Proof of facts which demonstrate that the City Council failed to provide a fair hearing. 5) Proof of facts which demonstrate that the City Council abused its discretion by: a) Not preceding in a manner required by law; and /or b) Rendering a decision which was not supported by findings of fact; and /or c) Rendering a decision in which the findings of fact were not supported by the evidence. The petition for reconsideration consists of three pages accompanied by a petition with 31 signatories. Reconsideration of this item constitutes the third full hearing of this matter conducted by the City. As stated in the petition's introductory paragraphs, the petitioner has made claims for reconsideration under the above referenced criteria #2, #4, #5b and #5c. The petitioner submitted his radiation analysis (Attachment K) on January 27, 2011, 49 days after the reconsideration petition was filed on December 9, 2010. The analysis claims for a reconsideration under referenced criteria #1. The City's findings of fact and responses on each of these criteria are set forth below. An offer of new relevant evidence which, in the exercise of reasonable diligence, could not have been produced at any earlier city hearing. Finding: The offer of new relevant evidence by the petitioner could have been presented at the City Council appeal hearing of November 29, 2010 or with the reconsideration petition submitted on December 9, 2010, instead of 49 days later on January 27, 2011. 236 Petition Response In the petitioner's analysis of power density, The applicant's radio frequency energy assumptions are made about the T- mobile consultant finds the petitioner's methodology equipment and power density is calculated as a and calculations to be reasonable, except for an percentage of the Maximum Permissible error in using the proposed output power from Exposure (MPE) allowed by the Federal the antenna as the output power from the Government for uncontrolled environments (1 transmitter, which according to the consultant milliwatt per centimeter squared) There are makes all of the petitioner's results too high by three pages calculating power density 12 feet, a factor of about 15 times (1500 %). The 20 feet and 30 feet from the antenna. The consultant also points out that the petitioner is results show exposures of 632 %, 227.5% and calculating the power density in front of the 101.1% of the MPE. antennas which are 44 feet in the air, instead of where people might be present such as at ground level or in nearby buildings (Attachment L). The applicant attempted to contact the petitioner, providing additional technical specifications on the T- Mobile cell facility, but has not been able to meet with the petitioner (Attachment M). To remove any doubt as to the accuracy of the consultant's RF energy analysis, the City has also conditioned the approval to require post - construction RF monitoring to make certain the RF energy exposures are within federal standards. 2. An offer of relevant evidence which was improperly excluded at any prior City hearing: Finding: The petitioner has offered no new relevant evidence that was excluded at any prior City meeting, nor has petitioner proven that any evidence was previously excluded by the City Council. The complaint is an opinion of the petitioner that has not been supported by any facts or evidence. Petition Response The petitioner alleges that his analysis The petitioner claimed at the Nov. 29, 2010 presented at the Nov. 29, 2010 meeting meeting, that his analysis of the calculated indicates that radio frequency (RF) energy energy levels at 12 feet from the antennas was exposure was more than 6 times higher than more than six times what was allowed by the approved government levels. The petitioner federal standard. The petitioner did not offer a further alleges that the Council voted on this copy of the analysis to the Council or staff. project without checking these claims that the After the hearing, staff requested that the RF energy exposure was higher than approved petitioner provide his analysis for the public government levels. record; the petitioner did not provide any analysis to the City (Attachment J) until 49 237 days after his reconsideration petition was filed, and 5 days before the reconsideration hearing (Attachment K). The City Council can only act on the facts and evidence on hand when its decision is rendered. The City has relied on a reputable firm, Hammett & Edison, to prepare the RF energy analysis. Hammett & Edison have clarified that the RF energy at this site is well within the federal safety standards at a level of 0.0012 milliwatt per centimeter squared for all ground level exposures, and 0.0022 milliwatt per centimeter squared for second floor exposures of any nearby residence. To remove any doubt as to the accuracy of the consultant's RF energy analysis, the City has also conditioned the approval to require post - construction RF monitoring to make certain the RF energy exposures are within federal standards. 4. Proof of facts which demonstrate that the City Council failed to provide a fair hearing: Finding: The petitioner has not provided any proof of facts that demonstrate the Council failed to provide a fair hearing. To the contrary, a review of the hearing on November 29, 2010 shows that the Council heard lengthy testimony from the petitioner and neighborhood residents, as well as information presented by staff and the applicant. The Council asked questions and received responses before deliberating on the project. Petition Response The petitioner alleges that the City did not Since this project has been heard by both the provide a fair hearing because the Community Planning Commission and the City Council, Development Director did not convene a public any alleged processing flaw at the Director design review hearing before acting to approve level has been overcome at this point. At both the application. the Planning Commission and City Council hearings, the petitioner has had opportunities to review and influence the design of the wireless facility. The Director's approach was not based on a determination that the item would not be controversial; rather, the Director determined that the placement of the wireless equipment on an existing utility pole constituted a minor design change to the 238 appearance of the pole. The City's adopted Wireless Facilities Master Plan indicates that the Director's approval is the proper processing option for such a facility design. 5. Proof of facts which demonstrate that the City Council abused its discretion by: b) Rendering a decision which was not supported by findings of fact; and /or c) Rendering a decision in which the findings of fact were not supported by the evidence. Finding: The petitioner has not provided any proof of facts that demonstrate the Council abused its discretion by rendering a decision which was not supported by findings of fact, or rendering a decision in which the findings of fact were not supported by the evidence. The petitioner alleges that the City Council never reviewed alternative cell site options that provide a better solution to all parties. The petitioner alleges that an alternative solution involving a taller tower in a more remote location would provide better coverage and collocation "savings" and result in a different decision. There is no requirement that the best solution be found, only that a project is determined appropriate. The City's Wireless Facilities Master Plan expresses a design preference that wireless facilities in residential areas be sited on existing utility towers and poles, rather than building new structures. Thus the proposed site meets the requirements of the City's Wireless Facilities Master Plan. The City Council did discuss three alternative sites in its deliberations on Nov. 29, 2010. One site was Linda Vista Park on a hill. This park was estimated to be about 3 /4 of a mile away and was felt to be too far away to provide good coverage to the Bubb Road area. The second suggested alternative site was the proposed AT &T monopine at Results Way which had the potential to serve another carrier at a lower height on the pole. It was inappropriate to consider the Results Way site as an alternative because no decision on the project appeal had been granted by Nov. 29, 2010. The Council knew that the AT &T monopine was 19 feet lower than the ground to the south, so any T- Mobile collocated antennas (at 46 feet, effectively 27 feet) would be similar to two nearby T- Mobile facilities and too low in height and too far away (1+ mile) to provide cell coverage to southern Bubb Road. The third site alternative site considered by the 239 AT &T acquisition of T- Mobile announcement The petitioner Shaul Berger has emailed the City regarded the announced acquisition of T- Mobile by AT &T. The petitioner believes the acquisition will have far - reaching implications for wireless coverage in Cupertino and that all activity, including the April 5 th reconsideration hearing for file no. DIR- 2010 -28 should be put on hold until the companies figure out their combined plans (Attachment N). There have been press reports that AT &T is planning on acquiring T- Mobile. Staff has contacted AT &T and was informed that the merger will not take place for at least 12 months. In fact, the planned acquisition is subject to federal regulatory approval and will not occur for quite some time, if at all. At this time, the City Council may not consider the potential acquisition as grounds for denial of the project. The two cellular systems are currently separate. Unless the applicant withdraws her application, the City Council should proceed with the reconsideration hearing. Legally, the City may not consider this possible business transaction as part of the request for reconsideration of the cell facility siting. Also, the possible sale of T- Mobile to AT &T does not constitute grounds under the reconsideration ordinance. 240 Council was the San Jose Water Company water storage facility at Regnart Road and Lindy Lane. This facility is a covered earthen reservoir. Staff indicated that the structure lacked height and a monopole would have to be built. The City Council rejected the concept of erecting a new, tall monopole cell site at the edge of the reservoir next to the existing houses. The petitioner alleges that T- Mobile could not This claim is immaterial to any basis for provide any information about the number of reconsideration. Also, the 1996 subscribers that would benefit from the Telecommunications Act, section proposed wireless facility. The Council 704(7)(B)(i)(I) prohibits any local decision - rendered a decision on this facility without making agency from unreasonably knowing if there was any public benefit. discriminating among providers of functionally equivalent (personal wireless) services. The petitioner alleges that his analysis See City Response to Petitioner's claim under presented at the Nov. 29, 2010 meeting Municipal Code section 2.08.096(B)(1) and indicates that radio frequency (RF) energy (B)(2). exposure was more than 6 times higher than approved government levels. The petitioner further alleges that the Council voted on this project without checking these claims that the RF energy exposure was higher than approved government levels. AT &T acquisition of T- Mobile announcement The petitioner Shaul Berger has emailed the City regarded the announced acquisition of T- Mobile by AT &T. The petitioner believes the acquisition will have far - reaching implications for wireless coverage in Cupertino and that all activity, including the April 5 th reconsideration hearing for file no. DIR- 2010 -28 should be put on hold until the companies figure out their combined plans (Attachment N). There have been press reports that AT &T is planning on acquiring T- Mobile. Staff has contacted AT &T and was informed that the merger will not take place for at least 12 months. In fact, the planned acquisition is subject to federal regulatory approval and will not occur for quite some time, if at all. At this time, the City Council may not consider the potential acquisition as grounds for denial of the project. The two cellular systems are currently separate. Unless the applicant withdraws her application, the City Council should proceed with the reconsideration hearing. Legally, the City may not consider this possible business transaction as part of the request for reconsideration of the cell facility siting. Also, the possible sale of T- Mobile to AT &T does not constitute grounds under the reconsideration ordinance. 240 Prepared by. Colin Jung, AICP, Senior Planner Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Community Development Director Approved for Submission by. David W. Knapp, City Manager Attachments: A. City Council Resolution No. and Exhibit 1 B. Director's Minor Modification Approval dated Sept. 7, 2010 C. Appeal by Shaul Berger dated Sept. 20, 2010 D. Planning Commission Staff Report dated Nov. 9, 2010 E. Planning Commission Meeting Minutes of Nov. 9, 2010 F. Planning Commission Resolution No. 6616 G. City Council Staff Report dated Nov. 29, 2010 H. City Council Meeting Action Minutes of Nov. 29, 2010 I. Petition for Reconsideration filed Dec. 9, 2010 J. Email from Shaul Berger to City staff dated Nov. 30, 2010 K. Email from Shaul Berger regarding radiation analysis of T- Mobile Antenna proposal dated Jan. 27, 2011. L. Response to Petitioner's Radiation Analysis prepared by Hammett & Edison, Inc. Dated January 31, 2011. M. Email from Mark Neumann of Hammett & Edison to Shaul Berger regarding ERP calculations dated Feb. 11, 2011, and email from Mark Neumann of Hammett & Edison to Colin Jung regarding lack of response from Shaul Berger dated Feb. 25, 2011 N. Email from Shaul Berger dated March 21, 2011 O. Approved Plan Set 241 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DENYING THE PETITION OF SHAUL BERGER SEEKING COUNCIL RECONSIDERATION OF ITS DECISION TO DENY AN APPEAL OF DIR- 2010 -28, A DIRECTOR'S MINOR MODIFICATION TO ALLOW A PERSONALWIRELESS SERVICE FACILITY ON AN EXISTING PG &E POLE AT 11371 BUBB ROAD WHEREAS, on November 29, 2010, the Cupertino City Council received a staff report and recommendation to deny an appeal of a Director's Minor Modification approval of a T- Mobile personal wireless service facility proposed on an existing PG &E pole at 11371 Bubb Road. WHEREAS, the Cupertino City Council held a public hearing and at the conclusion of the hearing denied the appeal filed by Shaul Berger on a 3 -2 vote at its meeting of November 29, 2010, thus approving the project, DIR- 2010 -28, in accordance with Planning Commission Resolution No. 6616. WHEREAS, the Cupertino City Council's decision was within its discretion and made at a properly noticed public meeting. WHEREAS, Shaul Berger requested that the City Council reconsider its decision under the provisions of Section 2.08.096 of the City's municipal code; and WHEREAS, the City Council has considered all relevant evidence presented by the parties at all hearings, including evidence presented at the April 5, 2011 reconsideration hearing. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. The petitioners' Reconsideration Petition is defective on its face in that it does not offer proof of facts as required by Municipal Code Section 2.08.096. 2. The petitioners did not provide new relevant evidence which in the exercise of reasonable diligence, could not have been produced at any earlier city hearing (See Municipal Code § 2.08.096B(1).) Evidence presented did not incontrovertibly prove that federal laws regarding maximum levels of radio frequency energy exposure would be violated. The City has required post - construction radio frequency energy monitoring to insure compliance with federal law. 3. The City Council did not exclude any evidence presented by the petitioners at any prior city hearing. (See Municipal Code § 2.08.096B(2).) 4. The petitioners have failed to present any evidence that the City Council failed to provide a fair hearing. (See Municipal Code § 2.08.096B(4).) 242 The petitioners have failed to demonstrate that the City Council abused its discretion by denying the appeal of a Director's approval (file no. DIR- 2010 -28) of a personal wireless service facility on an existing PG &E pole located at 11371 Bubb Road. (See Municipal Code § 2.08.096B(5).) Specifically, the City Council determines that: a. The City Council's decision is supported by findings of fact attached as Exhibit 1. b. The findings of fact related to the City Council's decision were supported by substantial evidence in the record of proceedings. 6. The petitioners' Petition for Reconsideration of the City Council's decision of November 29, 2010 on item is DENIED, thereby affirming the original decision. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5 th day of April 2011, by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 243 EXHIBIT 1 CITY COUNCIL FINDINGS IN RESPONSE TO PETITION FOR RECONSIDERATION Cupertino Municipal Code section 2.08.096 states: "A petition for reconsideration shall specify in detail each and every ground for reconsideration. Failure of a petition to specify any particular ground or grounds for reconsideration precludes that particular omitted ground or grounds from being raised or litigated in a subsequent judicial proceeding. The grounds for reconsideration are limited to the following: 1) An offer of new relevant evidence which, in the exercise of reasonable diligence, could not have been produced at any earlier city hearing. 2) An offer of relevant evidence which was improperly excluded at any prior city hearing. 3) Proof of facts which demonstrate that the City Council proceeded without, or in excess of its juri sdiction. 4) Proof of facts which demonstrate that the City Council failed to provide a fair hearing. 5) Proof of facts which demonstrate that the City Council abused its discretion by: a) Not proceeding in a manner required by law; and /or b) Rendering a decision which was not supported by findings of fact; and /or c) Rendering a decision in which the findings of fact were not supported by the evidence." Original Petition The petition for reconsideration consists of three pages accompanied by a petition with 31 signatories. Reconsideration of this item constitutes the third full hearing of this matter conducted by the City. As stated in the petition's introductory paragraphs, the petitioner has made claims for reconsideration under the above referenced criteria #2, #4, #5b and #5c. The petitioner submitted his radiation analysis on January 27, 2011, 49 days after the reconsideration petition was filed on December 9, 2010. The analysis is a claim for reconsideration under referenced criteria #1. The City's findings of fact on each of these criteria are set forth below. 1. An offer of new relevant evidence which, in the exercise of reasonable diligence, could not have been produced at any earlier city hearing. Finding: The offer of new relevant evidence by the petitioner could have been presented at the City Council appeal hearing of November 29, 2010 or with the reconsideration petition submitted on December 9, 2010, instead of 49 days later on January 27, 2011. Petition Response In the petitioner's analysis of power The applicant's radio frequency energy density, assumptions are made about the consultant finds the petitioner's methodology T- mobile equipment and power density is and calculations to be reasonable, except for calculated as a percentage of the Maximum an error in using the proposed output power 244 Permissible Exposure (MPE) allowed by the Federal Government for uncontrolled environments (1 milliwatt per centimeter squared) There are three pages calculating power density 12 feet, 20 feet and 30 feet from the antenna. The results show exposures of 632 %, 227.5% and 101.1% of the MPE. from the antenna as the output power from the transmitter, which according to the consultant makes all of the petitioner's results too high by a factor of about 15 times (1500 %). The consultant also points out that the petitioner is calculating the power density in front of the antennas which are 44 feet in the air, instead of where people might be present such as at ground level or in nearby buildings. The applicant attempted to contact the petitioner, providing additional technical specifications on the T- Mobile cell facility, but has not been able to meet with the petitioner. To remove any doubt as to the accuracy of the consultant's RF energy analysis, the City has also conditioned the approval to require post - construction RF monitoring to make certain the RF energy exposures are within federal standards. 2. An offer of relevant evidence which was improperly excluded at any prior City hearing: Finding: The petitioner has offered no new relevant evidence that was excluded at any prior City meeting, nor has petitioner proven that any evidence was previously excluded by the City Council. The complaint is an opinion of the petitioner that has not been supported by any facts or evidence. Petition Response The petitioner alleges that his analysis The petitioner claimed at the Nov. 29, 2010 presented at the Nov. 29, 2010 meeting meeting, that his analysis of the calculated indicates that radio frequency (RF) energy energy levels at 12 feet from the antennas was exposure was more than 6 times higher than more than six times what was allowed by the approved government levels. The petitioner federal standard. The petitioner did not offer a further alleges that the Council voted on this copy of the analysis to the Council or staff. project without checking these claims that the After the hearing, staff requested that the RF energy exposure was higher than approved petitioner provide his analysis for the public government levels. record; the petitioner did not provide any analysis to the City until 49 days after his reconsideration petition was filed, and 5 days before the reconsideration hearing. The City Council can only act on the facts and evidence on hand when its decision is rendered. The City has relied on a reputable firm, 245 Hammett & Edison, to prepare the RF energy analysis. Hammett & Edison have clarified that the RF energy at this site is well within the federal safety standards at a level of 0. 00 12 milliwatt per centimeter squared for all ground level exposures, and 0.0022 milliwatt per centimeter squared for second floor exposures of any nearby residence. To remove any doubt as to the accuracy of the consultant's RF energy analysis, the City has also conditioned the approval to require post - construction RF monitoring to make certain the RF energy exposures are within federal standards. 4. Proof of facts which demonstrate that the City Council failed to provide a fair hearing: Finding: The petitioner has not provided any proof of facts that demonstrate the Council failed to provide a fair hearing. To the contrary, a review of the hearing on November 29, 2010 shows that the Council heard lengthy testimony from the petitioner and neighborhood residents, as well as information presented by staff and the applicant. The Council asked questions and received responses before deliberating on the project. Petition Response The petitioner alleges that the City did not Since this project has been heard by both the provide a fair hearing because the Community Planning Commission and the City Council, Development Director did not convene a public any alleged processing flaw at the Director design review hearing before acting to approve level has been overcome at this point. At both the application. the Planning Commission and City Council hearings, the petitioner has had opportunities to review and influence the design of the wireless facility. The Director's approach was not based on a determination that the item would not be controversial; rather, the Director determined that the placement of the wireless equipment on an existing utility pole constituted a minor design change to the appearance of the pole. The City's adopted Wireless Facilities Master Plan indicates that the Director's approval is the proper processing option for such a facility design. 5. Proof of facts which demonstrate that the City Council abused its discretion by: 246 b) Rendering a decision which was not supported by findings of fact; and /or c) Rendering a decision in which the findings of fact were not supported by the evidence. Finding: The petitioner has not provided any proof of facts that demonstrate the Council abused its discretion by rendering a decision which was not supported by findings of fact, or rendering a decision in which the findings of fact were not supported by the evidence. Petition I Response The petitioner alleges that the City Council never reviewed alternative cell site options that provide a better solution to all parties. The petitioner alleges that an alternative solution involving a taller tower in a more remote location would provide better coverage and collocation "savings" and result in a different decision. There is no requirement that the best solution be found, only that a project is determined appropriate. The City's Wireless Facilities Master Plan expresses a design preference that wireless facilities in residential areas be sited on existing utility towers and poles, rather than building new structures. Thus the proposed site meets the requirements of the City's Wireless Facilities Master Plan. The City Council did discuss three alternative sites in its deliberations on November 29, 2010. One site was Linda Vista Park on a hill. This park was estimated to be about 3 /4 of a mile away and was felt to be too far away to provide good coverage to the Bubb Road area. The second suggested alternative was the proposed AT &T monopine at Results Way which had the potential to serve another carrier at a lower height on the pole. It was inappropriate to consider the Results Way site as an alternative because no decision on the project appeal had been granted by Nov. 29, 2010. The Council knew that the AT &T monopine was 19 feet lower than the ground to the south, so any T- Mobile collocated antennas (at 46 feet, effectively 27 feet) would be similar to two nearby T- Mobile facilities and too low in height and too far away (1+ mile) to provide cell coverage to southern Bubb Road. The third site alternative considered by the Council was the San Jose Water Company water storage facility at Regnart Road and Lindy Lane. This facility is a covered earthen reservoir. Staff indicated that the structure 247 am lacked height and a monopole would have to be built. The City Council rejected the concept of erecting a new, tall monopole cell site at the edge of the reservoir next to the existing houses. The petitioner alleges that T- Mobile could not This claim is immaterial to any basis for provide any information about the number of reconsideration. Also, the 1996 subscribers that would benefit from the Telecommunications Act, section proposed wireless facility. The Council 704(7)(B)(i)(I) prohibits any local decision - rendered a decision on this facility without making agency from unreasonably knowing if there was any public benefit. discriminating among providers of functionally equivalent (personal wireless) services. The petitioner alleges that his analysis See City Response to Petitioner's claim under presented at the Nov. 29, 2010 meeting Municipal Code section 2.08.096(B)(1) and indicates that radio frequency (RF) energy (B)(2). exposure was more than 6 times higher than approved government levels. The petitioner further alleges that the Council voted on this project without checking these claims that the RF energy exposure was higher than approved government levels. am r , CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014, (408) 777 -3308 To: Mayor and City Council members Chairman and Planning Commissioners From: Approved by Aarti Shrivastava, Director of Community Development Prepared by Colin Jung, Senior Planner Date: September 7, 2010 Subject: Director's Minor Modification (DIR- 2010 - to allow the addition of a personal wireless service facility (microcell), consisting of three panel antennas and four associated equipment cabinets on an existing utility pole in the public right -of -way in front of 11371 Bubb Road. Chapter 19.132 of the Cupertino Municipal Code allows for administrative; approval of minor changes in a project. The Director reports her decision! to the City Council and Planning Commission and notices property owners within 1,000 -foot radius in time to allow any Council member, Planning Commissioner or member of the public to appeal the decision within fourteen calendar days. BACKGROUND The applicant, Dayna Aguirre, representing T- Mobile, is proposing to establish a personal wireless service facility (microcell) mounted on an existing utility pole located in the public tight-of-way in front of 11371 Bubb Road. It consists of three panel antennas fastened by a bracket to the power pole and four associated equipment cabinets mounted directly to the same pole (Attachment 1). Microcells are low -power personal wireless service facilities designed to serve a small area. In this particular case, this facility is designed to provide PCS telephone coverage to a small area around southern Bubb Road and a portion of Rainbow Drive (Attachment 2). This facility falls under the recently adopted, revised wireless communications facilities ordinance (CMC chapter 19.108) that permits such facilities on utility poles, regardless of proximity to a residential property line as long as the facility meets federal safety standards for radio frequency emissions. 249 DIR 2010 -28 Bubb Road ROW (in front of 11371 Bubb Road) Page 2 September 7, 2010 DISCUSSION The proposed wireless facility complies with the City's Ordinance. The antennas are at about 45 feet where 55 feet is allowed. The antennas are mounted orI a utility pole, which exempts them from the residential setback requirement of 75 feet, as long as Federal safety standards for radio frequency energy are met (see discussions on Radio Frequency Assessment). All of the associated equipment cabinets are mounted on the same side as the antenna to ensure a clear pathway for climbing linemen. In addition, the equipment location is on the west side of the pole in order to address the wireless communications coverage in that portion of the City (Attachment 3). e propose aci ' y a h the Eifiy'a Fa�eilxtics Master- -- P lan, --.- -- which articulates a visual preference for microcells in residential neighborhoods since 2 250 P DIR- 2010 -28 Bubb Road ROW (in front of 11371 Bubb Road) Page 3 September 7, 2010 such a facility can take advantage of existing vertical structures such as utility poles, in lieu of building new vertical structures. Radio Frequency EneM Assessment The applicant has commissioned a radio frequency energy assessment prepared by Hammett & Edison, Inc. to estimate the levels of radio frequency energy generated by the proposed T- Mobile microcell site and evaluate those energy levels against adopted federal safety limits for human exposure to radio frequency energy (Attachment 4). The federal limits apply to continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size or health. The calculated, ground- level, maximum RF exposure due to the proposed T- Mobile facility is 0.12% of the applicable public exposure limit (1 milliwatt per centimeter squared). Second -story residential exposure to the west is slightly higher, 0.22% of the applicable public exposure limit. Both calculated 'levels are well below adopted federal safety standards. Agency Review Project plans were routed to the Cupertino Technology, Information and Communications Commission (TICC) for their commentary. The TIC Commissioner noted that the RF emission exposure was well- within the federal safety standard; that there was no serious aesthetic issue with placing the equipment on an existing utility pole; and the radio coverage will cover a serious gap in T- Mobile's coverage (Attachment 5). ACTION The Director of Community Development deems the modification minor and approves the microcell facility with the following conditions of approval. State law requires a minimum 10 -year permit for personal wireless service facilities. 1. APPROVED EXHIBITS Approval is based on Exhibits titled: " T- Mobile West Corporation /A Delaware Corporation/ SF24189D/ PG&E REGNART /ON BUBB RD. BETWEEN FOLKSTONE DR. & CONRADIA CT. /IN FRONT OF 11371 BUBB ROAD /CUPERTINO, CA 95014" prepared by Michael Wilk Architecture dated 9/3/10 and consisting of ten sheets labeled T -1, T -2, LS1, A -1 through A -4, PS -1, REF -1 and REF -2 except as may be amended by the conditions contained in this resolution. 2. NOTICE OF FEES, DEDICATIONS, RESE RVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication req i rtts, arrri S. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute 3 251 DIR - 2010 -28 Bubb Road ROW (in front of 11371 Bubb Road) Page 4 September 7, 2010 written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to. Government Code Section 66020(a), has begun. If you fail to file a protest within. this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. ABANDONMENT If after installation, the aerial is not used for its permitted purpose for a continuous period of 18 months, said antennae and associated facilities shall be removed. The applicant shall bear the entire cost of demolition and removal. 4. EXPIRATION DATE This Director's Minor Modification shall expire ten (10) years after the effective date of the permit. The applicant may apply for a renewal of the . minor modification at which time the Director of Community Development may review the state of wireless communication and camouflage technologies to determine if the visual impact of the personal wireless facility can be reduced. 5. CAMOUFLAGING OF EQUIP_ MENT All cables shall be enclosed in conduit. The mounting brackets, conduit and equipment cabinets shall be painted to match the color of the utility pole. This Director's approval is effective September 7, 2010. The fourteen calendar day appeal period will expire on September 21, 2010. Enclosures: Attachment 1 Photosimulations of microcell facility (3) Attachment 2 T- Mobile Existing & Proposed Coverage Maps Attachment 3 Email from PG &E Attachment 4 RFR Assessment of T- Mobile West Corp. Proposed Base Station, (Site No. SF24189D),11371 Bubb Road, Cupertino, California Attachment 5 Email communications from TIC Commissioner Attachment 6 Plan Set Referenced attachments that may not be included with this mailed report are available in the Planning Department located at City Hall and may also be viewed at the City's website at wwa).c pertino.o_i . Select the link to "Public Records" at the top bar, then "Planning Department" folder, then "DIR Approvals" folder, then "2010" folder. Select file number DIR - 2010 -28. G/pIanrr iirg/PDREP ORT/DIRreportsl2 010/IJIR- 2010- 2 8.doc 4 252 ATTACHMENT C City of Cupertino 10300 'Torre Avenue Cupertino, CA 95014 (408) 777 -3223 APPEAL 1. Application No. 2. Applicant(s) Name: 3. Appellant(s) dame: Address Phone Number Email DIR- 2010 -28 Dayna Aguirre T- Mobile Shaul Berger D D sEP z o aom CUPERTlNO CITY CLERK 11371 Bubb Rd. Cupertino (408) 666 -1677 dspmaster@yahoo.eom 4. Please check one: Q Appeal a decision of Director of Community Development Q Appeal a decision of Director of Public Works Q Appeal a decision of Planning Commission 0 Appeal a decision of Design Review Committee Q Appeal a decision of Code Enforcement 5. Date of determination of Director or mailing of notice of City decision: September7, 2010 6. Basis of app eal: I and my neighbors believe that the proposed T- Mobile antenna is highly hazardous to the health of our families and our children, not mentioning the nearby schools. We claim that the technical analysis is incorrect because it did not account for the hilly profile of our area. See more details in attached document. Signature(s) Please complete form, include appeal fee of $162.00 pursuant to Resolution No. 09 -051 ($155.00 for massage application appeals), and return to the attention of the City Clerk, 10300 Tnrre Avern�e,���n_ 253 Petition for Withdrawal of Approval of a T- Mobile Microcell Proposal, file no. DIR- 2010 -28 My name is Shaul Berger, a resident on 11371 Bubb Road, location of the proposed antenna- My petition is supported by many people in the vicinity of the proposed antenna (see attached list). We believe that additional 20 house owners living nearby will join the petition in the coming days. This petition does not include all the unaware people who are walking/driving their children along Bubb Rd. and are stuck in daily morning traffic jam in front of the proposed antenna. This petition is supported by a thorough technical evaluation done by Prof. Willie Lu and myself Willie Lu is a senior radio transmission engineer for about twenty years, and was a professor of radio antenna group of Department of Electrical Engineering in Stanford University as well as former member of U.S. FCC Technological Advisory Council. I have been involved with the wireless industry for the past 20. years and continue to consult in this area of wireless communications.. Therefore, we believe that we are fully qualified to initiate this petition and request for withdrawal of this approval of a T- Mobile microcell proposal, file no. DIR 2010 -28. The reasons and grounds for this petition are based on the following observations and investigations: 1. T- Mobile's proposed antenna with max ERP of 360 watts is a regular "high- power" antenna for mobile cellular communications without any sense of "microcell ". This type of antenna is normally installed in a separate, high tower or on top of high building far from the populated residence area. Bubb road is near this junction and is very dense- with many housing blocks, elementary school and middle school. T- Mobile's statement is an obvious intention of "misleading ". 2. The current federal ruling and standard as referred by the applicant can not be applied for our particular topography. Rather, the cited standard is for an average slow- fading flat propagation environment wherein most situations, there are not so dense populations in the area and it is not for such uphill area. A person exposed in such a radiated area may not be harmed within a certain short period of time, but can be hazardous to that person's health if staying or living there for a considerable period of time. The direct distance from the proposed antenna to the Regnart Elementary School is only less than bet. Based on the radio propagation model for Me surrouncung area, au eiemen 254 students will be steeped with about 540mV /meter radiation. If the student just stays on campus for several minutes to an hour, it may be harmless. However, if they stay in such a dangerous environment for several hours, it can cause harmful problems for kids especially six years old and under, based on the radio health analytical model published in the 2004 World Wireless Congress, San Francisco. 3. The asserted area is on the gradually uphill side of the road and there are many multi- story houses. Therefore, to meet the requirement of this special environment, the proposed antenna must be at least over 100 feet to satisfy the safety issue of the radio transmission for the people living within 500 feet of this strong radiated antenna. 4. The radio pollution to the human being relies on both the received radio signal strength and the time exposed in such a radiated environment. As time increases, the pollution will significantly increase in a non -linear manner. For an adult of age 20 through 40, such an effect may not be so serious if only exposed within a few hours of a distance less than 300 feet. However, for adolescents, young children, babies, seniors or pregnant women, such radiation can cause disorder, defectiveness and other health concerns. On the nearby Bubb Road, there are many senior citizens and disables living in their house all day long, and many of them live on the second -story of their house, which is within less than 200 feet of the proposed antenna (including out house!). 5. The proposed antenna is located at the junction of the Regnart Elementary School and Kennedy Middle School. In the morning and afternoon, there are hundreds of kids walking and biking to both schools and the adjacent Monta Vista High School. Because of severe traffic congestion in this section, kids can stay much longer in this radiated area, especially walking within the zone of the radiating antenna. Based on the antenna sector planning, the radiation can fully cover Folkestone Dr and nearby streets, the main streets to Regnart Elementary School, and when in students dropoff/pickup time, hundreds of parents and kids are passing through or on these streets. 6. Based on our experiences, expertises and judgement, this. is not a lawful practice to install a high - powered antenna in a low- height pole in such a crowded residential area. 7. In a more detailed calculation on the west and south uphill sides of the antenna, many houses are above 30 feet high from the ground level of the antenna, so by the proposed 2 a ee-d gree vertical MB - beam width with f , 255 the lower 3 dB beam width horizon is only about 0.03 mile which is about 158 feet. The path loss there at frequency 1900Mhz is about 71dB. If the transmitting power is 30OW which is about 55dBm, the received signal at 158 feet is about -I6dBm which is near 1700mWmeter of field strength - highly dangerous! 8. We suggest an alternative to city of Cupertino and T- Mobile - install a high antenna on Cupertino hills. This will address coverage not only on Bubb Rd. and not only for T- Mobile but also for all other carriers. This will address another problematic coverage area (mentioned in your document) of Regnart/Lindy Lane. To protect the health, safety and interest of the community and citizens, I strongly petition to withdraw the approval of this project with file no. DIR- 2010 -28. We are collecting the signatures from the local community, and reserve rights to seek legal protocols to protect the safety of our community and citizens if this petition is not successful. If you have any further question regarding this petition, please do not hesitate to contact me. Sincerely, r Shaul Berger 256 0o C4 a N 0 r. a� m 0 0 cl 0 m t� as Cl- V N o c n ` rA cv a� A o � r 257 ATTACHMENT D CUPERTINO OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 (408) 777 -3308 • FAX (408) 777 -3333 • plann9ng®cUertino.org PLANNING COMMISSION STAFF REPORT Agenda Item No. /Z Agenda Date: November 9, 2010 Application: DIR- 2010 -28 Applicant: Dayna Aguirre, Sutro Consulting for T- Mobile Appellant: Shaul Berger Application Summary: Appeal of a Director's Minor Modification decision to allow the installation of a personal wireless service facility, consisting of three panel antennas and associated equipment on an existing PG &E pole located in front of 11371 Bubb Road. RECOMMENDATION: The Planning Commission has the option to make one of the following recommendations to the City Council: a) Uphold the Director of Community Development's decision; or b) Uphold the appeal; or c) Uphold the appeal with modifications. Staff recommends that the Planning Commission recommend upholding the Director's decision per the model resolution (Attachment 1). BACKGROUND: On September 7, 2010, the Director of Community Development approved a Director's Minor Modification to allow a T- Mobile personal wireless service facility (microcell) mounted on an existing utility pole located in the public right -of -way in front of 11371 Bubb Road. It consisted of three panel antennas fastened by a bracket to the power pole & four associated equipment cabinets mounted directly to the same pole (Attachment 2). Planning Con ntissioners, Council Members and property owners within 1,000 feet of the property were mailed notices of the Director's action: A couple of noticed property owners expressed their opposition to the approval decision and one chose to appeal the decision, including an opposition petition with twelve signatures (Attachment 3). DISCUSSION: The appellant's appeal is based on eight points. Each appeal point is followed by staff discussion in italics. Where the applicant was requested by staff to provide information, that information is so noted: 258 DIR- 2010 -28 Appeal 11371 Bubb Road November 9, 2010 Page 2 1) T- Mobile's proposed antenna with a maximum ERP (effective radiating power) of 360 watts is a regular "high power" antenna for mobile cellular communications without any sense of "microcell." This type of antenna is normally installed in a separate, high tower or on top of high building far from the populated residences area. It is not appropriate near Bubb Road, which has many housing blocks, and an elementary and middle schools. T- Mobile's statement is misleading. Staff Response: The term "microcell" was used by City staff, not the applicant. Wikipedia defines microcell as follows: "A microcell is a cell in a mobile phone network served by a low power cellular base station (tower), covering a limited area such as a mall, a hotel, or a transportation hub. A microcell is usually larger than a icp ocell, though the distinction is not always clear. A microcell uses power control to limit the radius of its coverage area Typically the range'ofa microcell is less than two kilometers wide, a icy ocell is 200 meters or less, and a femtoce ll is on the order of 10 meters.LU, although AT &T calls its product, with a range of 40 feet (12 m), a "microcell ". f27 " The typical 3- antenna wireless facility that is proposed in the City has an ERP of 950 —1050 watts. The proposed facility has about 113 of the ERP at 360 watts. The attached existing and proposed coverage maps (Attachment 4) depict a diameter of less than one mile or 1.58 kilometers, which is in agreement with the definition above. Regardless how the personal wireless service facility is described, such facilities must comply with federal guidelines limiting human exposure to radio frequency energy. The standard is 1.0 milliwattper centimeter squared (mw/= The proposed facility is calculated to cause exposures from 0.0012 to 0.0022 mw/cm which is well within federal standards. 2) The current federal standard referred by the applicant is for an average slow- fading flat propagation environment and does not apply to our area because of the hilly terrain and the dense populations in the area. Long -term exposure to such radiation is hazardous to a person's health. Students at Regnart Elementary School, which is less than 500 feet away, will be exposed to about 540 rnV /meter radiation. Several hour exposure can cause harmful problems for students, especially younger children less than 6 years old based on the radio health analytical model published in the 2004 World Wireless Congress, San Francisco. Staff Response: The consultant, Hammett & Edison, Consulting Engineers, states that the Federal Communications Commission (FCC) standard cited in the radio frequency energy report (Attachment 5) is not based on "an average slow fading, flat propagation environment" nor on any other propagation assumption. The FCC standard establishes a maximum permissible exposure (MPE) level, regardless where a person may be located. 259 DIR- 2010 -28 Appeal 11371 Bubb Road November 9, 2010 Paze 3 Hammett & Edison also responds that there are numerous studies of the effects of exposure to radio frequency energy. Such studies are considered by the standard - setting bodies in this country and abroad when they establish safety standards. In the judgement of the FCC, the current standard of 1.00 milliwatt per centimeter squared applies to continuous exposures and provides a prudent margin of safety for aII persons, regardless of age, gender, size or health. This facility will comply with the federal standard. Seethe response to Appeal point #1. 3) The asserted area is on the gradually uphill side of the road and there are many multistory houses. Therefore to meet the requirement of this special environment, the proposed antennas must be at least over 100 feet to satisfy the safety issue for people living within 500 feet of this facility. Staff Response: Hammett & Edison reports (Attachment 6) that for the proposed 360 -watt facility, the calculated power density has already fallen below the MPE at a distance of 12 feet in front of the antennas. At distances of 100 feet or 500 feet the RF exposure is far less. 4) The radio pollution depends on both the received radio signal strength and the exposure time. As time increases the pollution will significantly increase in a non- linear manner. For an adult (age 20 to 40) such an effect may not be so serious if only exposed within a few hours for distances less than 300 feet. However, for adolescents, young children, babies, seniors or pregnant women, such radiation can cause disorder, defectiveness and other health concerns. On Bubb Road, there are many sedentary senior citizens and disables, living in 2 -story houses that are less than 200 feet from the proposed facility. Staff Response: The Hammett & Edison Radio Frequency Report (Attachment 5) concludes that the calculated radio frequency energy exposures (measured at the ground level and the second story elevations of nearby houses) from the proposed T- Mobile facility are: ➢ 0.12 % of the MPE for all ground level exposures, and ➢ 0.22 % of the MPE for second floor residential exposures of any nearby residence. Both figures meet the federal safety standard of 1.00 milliwatt per centimeter squared for radio frequency energy in the radio communications frequency range licensed by T Mobile. The above mentioned federal standard applies to the general population for continuous exposure (24 hours per day, 7 days per week), regardless of age, gender or health of the individual. Federal law, the 1996 Telecommunications Act- Section 704, subsection 7(D), states: "no state or Iocal governmental entity may regulate the placement, construction, or modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such emissions comply with FCC regulations;" 260 DIR- 2010 -28 Appeal 11371 Bubb Road November 9, 2010 Page 4 5) The proposed antennas are located between Regnart Elementary School and Kennedy Middle School. Students route of travel will be through the radiated area and traffic congestion will lengthen their exposure time. Staff Response: See the response to Appeal Point #4. 6) Based on our experiences, expertises and judgement, this is not a lawful practice to install a high -power antenna in a low- height pole in such a crowded residential area. Staff Response: Through its Wireless Facilities Master Plan and Wireless Communications Facilities Ordinance (CMC Section 19.108), the City strives to provide adequate wireless communications coverage in a manner that is in compliance with federal law and mitigates potentially, visually intrusive effects of wireless infrastructure. To cover largely residential areas of Cupertino, the Master Plan prefers public properties, churches, schools and existing utility poles and towers to mount wireless antennas. The usage of utility poles and towers for such facilities is allowed, regardless of the zoning district or setback from residences, if federal safety standards for radio frequency energy exposure are met. The proposed facility will be in compliance with local and federal laws. 7) In a more detailed calculation on the west and south uphill sides of the antenna, many houses are above 30 feet high from the ground level of the antennas, so by the proposed 2 degree down tilt and 28 degree -3dB beam width with 44 feet antenna height, the lower 3dB beam width horizon is only about 0.03 mile which is about 158 feet. The path loss there at frequency 1900 Mhz is about 71 dB. If the transmitting power is 300W, which is about 55 dBm, the received signal at 158 feet is about - 16dBm. which is near 1700 mV /meter of field strength - highly dangerous! Staff Response: The antennas are proposed to be mounted at a height of 44 feet and 6 inches. According to Hammett & Edison's letter (Attachment 6), all spaces beyond 12 feet from the antennas are at or below the MPE level. There is no location to the west, south, east, or north accessible to the general population that would cause an exposure in excess of the federal safety standard. 8) We suggest an alternative to the City and T- Mobile - install a high antenna on the Cupertino hills. This will address coverage not only on Bubb Road and not only for T- Mobile, but also for all other carriers. This will address another problematic coverage area of Regnart /Lindy Lane. Staff Response: The southern and western portions of Cupertino can be characterized as having very poor to no cell phone reception. Inquiries from wireless carriers indicate they are looking at multiple sites for personal wireless service facilities, including hillsides, utility poles and towers, parks and churches to serve this geographic area of Cupertino. Given the low -power of these sites, multiple sites in multiple locations will need to be developed to provide acceptable cell phone coverage to this area. 261 DIR- 2010 -28 Appeal 11371 Bubb Road Prepared by: Colin Jung, AICP, Senior Planner Reviewed by: eVao City Planner Novembex 9, 2010 Palle 5 Approved by: Aarti Shrivastava Community Development Director ATTACHMENTS: Attachment 1: Model Resolution Attachment 2: Director's Minor Modification Memorandum dated September 7, 2010 Attachment 3: Appellant's Appeal Form dated September 20, 2010 Attachment 4: Existing and Proposed Coverage Maps Attachment 6: T- Mobile West Corp. Proposed Base Station (Site No. SF24189D)/11371 Bubb Road, Cupertino, California / Statement of Hammett & Edison, Inc. Consulting Engineers dated July 28, 2010 Attachment 6: Letter from Hammett & Edison, Inc. Consulting Engineers dated October 26, 2010 Attachment 7: Photosimulations (3) Attachment 8: Plan Set G:planning /p &eport /Appeals /2010 /DIR- 2010 -28 appeal.doc 262 ATTACHMENT E CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CITY OF CUPERTINO PLANNING COMMISSION APPROVED MINUTES 6:45 P.M. November 9, 2010 TUESDAY CUPERTINO COMMUNITY HALL The regu Planning Commission meeting of November 9, 2010 was called to order at 6:45 p.m. in the Cupe ' o Community Hall, 10350 Torre Avenue, Cupertino, California, by Chairperson Paul Brophy. ROLL CALL Commissioners present: Chairperson: Paul Brophy Winnie Lee Lisa Giefer David Kaneda Marty Miller Staff present: Community Development D ctor: Aarti Shrivastava City Plana Gary Chao Senior Planner: Colin rung Senior Planner: 'H onda Snelling Associate Planner: Ghosh Asst. City Attorney: Vale e Armento APPROVAL OF MINUTES None WRITTEN COMMUNICATIONS None POSTPONEMENTSIREMOVAL FROM CALENDAR None ORAL COMMUNICATIONS None CONSENT CALENDAR 1. MCA - 2010 -04 Municipal Code Amendment to adopt a Green Buildin Ordinan City of Cupertino Citywide Location Motion: Motion by Cam. ?Kaneda, second by Vice Chair Lee, and carried 4 -1 -0, C PUBLIC HEARING 2. DIR- 2010 -28 Appeal of an approval of a Director's Minot Modification Dayna Aguirre (PG &E) to allow three panel antennas and associated equipment Appellant Shaul Berger to be installed on an existing PG &E pole. Tentative City 11371 Bubb Road Council date: December 7, 2010 263 Cupertino Planning Commission 2 November 9, 2010 Com. Giefer recused herself from discussion of the application as she resides within the noticing area- Colin Jung, Senior Planner, presented the staff report: • Reviewed the Appeal of a Director's Minor Modification decision to allow the installation of a personal wireless service facility, consisting of three panel antennas and associated equipment on an existing PG &E pole in front of 1 1371 Bubb Road, as outlined in the staff report. • He illustrated photo simulations showing existing conditions and the proposed cell site facility. + The appellant, Shaul Berger's eight appeal points were reviewed; details are outlined in the staff report. The eight appeal points were (1) Project is inaccurate; (2) Federal exposure standard cited by applicant is for an average slow - fading propagation environment; (3) An area with 2-story homes is uphill of the project; antennas must be 100 feet for people within 500 feet; (4) Radio pollution depends on radio signal strength and exposure time; (5) Project is located between schools and children would travel on the roads through the irradiated area; (6) Based on experience and judgment, it is not lawful to erect a high power antenna on a low height pole in a residential area; (7) He performed a detail calculation of the energy on the west and south sides of the antennas and demonstrated a dangerous exposure; and (7) Offered a recommendation that the city should install such antennas in the Cupertino hills addressing coverage issues on Bubb Road, Regnart Road and Lindy, Lane. • He responded to the appeal points as illustrated on the Power Point presentation, and reviewed the graph showing the typical exposure from various radio frequency /microwave sources. • He noted that Federal Law 1996 Telecommunications Act states that no state or local government entity may regulate the placement, construction or modification of personal wireless facilities on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with FCC regulations. • Staff noted that the project is consistent with the city's Wireless Facilities Master Plan, and is consistent with the city's Wireless Communications Facility Ordinance. The Master Plan prefers existing vertical structures such as utility poles to mount wireless antennas to provide cell phone coverage to residential areas. The proposed facility is consistent with Federal Law as well as the PUC regulations set, governing the use of the power pole for these types of facilities. Given the low power of these facilities, sites in multiple locations will be needed to provide acceptable cell phone coverage, and one hillside site will not provide adequate coverage that is non - existent in parts of Cupertino. • Staff recommends that the Planning Commission deny the appeal and uphold the decision of the Community Development Director. Colin Jung answered Commissioners' questions. Chair Brophy opened the public hearing. Shaul Berger, Appellant: • Said he was disappointed that he did not get any materials or input prior to the meeting to better prepare for his presentation. He questioned why the applicant would not consider locating the antenna in the hilly areas, further away from the homes. He provided justification for his appeal to deny the application, and expressed his concern regarding the safety and health of the residents of the area, particularly the children, relative to the effects of radiation from the antennas. • Said in the past there were some other areas that were considered for the antenna location, such as the nearby 7 /11. He said that the applicant's calculations were based on wrong assumptions; and when you use the wrong assumptions, you reach wrong concl4sions. 264 Cupertino Planning Commission 3 November 9, 2010 • He urged the Commission to reconsider the proposal because he felt it was not well researched and because of the long term effects on the health of the residents of the area. Com. Miller: • Said that the issue is that there is Federal Law that says the Commission is prohibited from rejecting an application because of radiation issues as long as they can show they are within the federal guideline; so it cannot be rejected simply because of safety issues unless the appellant can show that they are not within the federal guidelines. • if the appellant is trying to make an argument based on the technical aspects and the amount of radiation, he has to demonstrate that the calculations are not correct and not within the federal guidelines. Chair Brophy: • Reiterated that the Planning Commission under Federal Law, are subject to FCC rules, and cannot deny a project based on radiation effects, as long as the project meets the FCC standards. Dayna Aguirre, Sutro Consulting for T- Mobile, applicant: • Said they followed all the requirements per the city's ordinance. Com. Kaneda: • Said a comment was made that the antennas are directional and the calculations don't take that into account. Mark Newman, Hammett & Edison, Inc., Consulting Engineers: • Said that relative to the specific question about the calculations, the calculation methodology is one prescribed by the FCC and is included in the original report and their followup responses to the questions that were raised regarding the site. It is a direct line of sight calculation which takes into account the antenna azimuth pattern, patterned in a horizontal plane; it takes into account the antennas elevation plane pattern and the antennas tend to direct their energy toward the horizon. The elevation plane pattern is very narrow, about 7 degrees in width, they can reach the perimeter of the area they are trying to cover. • The calculations are correct and are done in accordance with FCC methodology and calculations not only take into account all the technical details of the site, but the surrounding area also. Said they have taken into account both two story buildings and also the variable pattern of the antennas. Chair Brophy opened the public hearing. Dr. Willie La, Cupertino resident: • Opposed to the application. • Said he was a former FCC advisor. • He explained how the calculations are taken, and provided information on testing in center points and on the edge, and testing on the second story. He requested that the applicant redo the test and provide the public with a clear opinion. • He noted that the appellant's property was not the closest one to the antenna site and there were other residences in the transmission area that were exposed to more danger from the radiation exposure. He said the houses in the central area of the beam transmission area should be tested for exposure. He suggested that if the antenna could not be relocated, that it be placed higher on the pole at a height of 60 feet, rather than the proposed 44.6 foot height, to reduce the risk to the residents who are in the radiation pattern. 265 Cupertino Planning Commission 4 November 9, 2010 Com. Miller: • Said that if the antenna is installed and test results indicate that the energy at Mr. Berger's second story is much greater, the city can insist that the cell phone company remove their equipment. Presently the testing is theoretical and the only way to actually test real conditions is to install it and go from house to house and test it. Chair Brophy: • The consulting engineer stated that the methodology they use is set by the FCC. Jei Chen, Cupertino resident: • Said he lived in close proximity to the proposed antenna location and was concerned about the effects of the radiation exposure to the residents of the area. He asked the audience to indicate who would want the cell tower in front of their home or in the back yard. He asked that the Planning Commission consider not only the benefit of the ceII phone tower for cell phone users in the area, but also the negative effects it would have on the residents of the area. He said the residents wanted to protect themselves, the seniors and their futures. Madhu Gi, Cupertino resident: • Expressed concern about the potential health risks to humans, particularly children. • She asked that they keep the interests of the community in mind before the interests of the business requesting the antenna. Mr. Prasad, Cupertino resident: • Said he was familiar with testing on animals and human beings. There are potential health, issues with the children going to school in the area and families living closer to the area. He recommended that they move the antenna to a hilly region. He commented in other areas he lived in letters were sent to community members soliciting their input; however Cupertino does the opposite and considers an application without community input. Paul Petaeh, Cupertino resident: • Supports the application. • Said that several other technologic items used around the home had more radio frequency in them than the cell phone tower. The original mobile phones were 5 watts, 5,000 milowatts; • People are exposed to microwave ovens, portable phones, auto Onstar and hands free phones and they don't appear to be concerned; all ionizing radiation is harmful to skin. The emissions from cell phone towers is infinitesimal. He said be lives in the hills and would welcome a tower up there. Chair Brophy closed the public hearing. Valerie Armento, Asst. City Attorney: • As indicated, the current proposal complies with the FCC requirements; and under the 1996 Telecommunications Act, the Planning Commission does not have the option to deny it based on health concerns if it complies with the Act. Therefore, if it were to be denied without substantial evidence that contradicts the evidence currently in the record, it would most likely bring on litigation, and without prejudicing the city's position, it would not be likely to be particularly successful on the part of the city. 266 Cupertino Planning Commission 5 November 9, 2010 Com. biller: • Said that Dr. Lu suggested raising it 9 feet which would create an additional margin of safety. He asked the applicant if they had considered moving the antenna up in some way. Colin Jung: • Said he did not feel that PG &E would allow them to raise the antenna any higher than it presently is because PG &E or the PUC requires a 10 foot safety margin between the wires, conductors and the antenna itself and they are at that limit. Dayna Aguirre: • Typically the radio frequency engineers always want to be taller; given when we looked at this facility, they wanted to get as much height on the existing pole as they could. Colin Jung was correct when he mentioned there was a geo 95 requirement as a safety zone, so that workers have a clearance of 6 feet. • With the particular location on the top, it is held up by a high tension line; we would have to interrupt that line and place it somewhere else, and it would no longer be in line with the other poles. Locating it above the high tension lines is not a workable solution; because there is no way to mount above that node on top. She said in other cities they have done pole top extensions, with a 6 foot extension and the antennas placed above with a ray dome for better coverage. Chair Brophy: • Said that looking at calculations done according to FCC methodology, that are not only below the maximum of allowable exposure but far below in the case of second floor, 22/100' of I %; there was no other issue than that, and because it was so far below, he was,not sure there was any other option but to uphold the Director's approval. Com.. Miller: Suggested that there be a requirement that once the equipment goes in, more detailed measurements are taken at the houses in the area where there is potentially the highest exposure levels and test at least.twice, perhaps after a year's time. if they are not meeting the FCC requirements, the applicant would have to remove the equipment or address the issue. Aarti Shrivastava: Said that they have included such a condition on prior applications about testing, and they could add it as a condition to the current application. Colin Jung: • if you are concerned about what is going to be generating once it is in operation, then you require a post - construction radio frequency study. if there are certain measurements you want taken, it can be specified in the conditions. The appellants are not happy with the ground level in the second floor exposure at the closest residence. He said he was taking measurements of the existing terrain; which given the height of the antenna and the height of the second story, you literally have to go out 800 to 1,000 feet from the antenna location before you get a level elevation where you are actually level with the site line of the antenna, about 800 to 1,000 feet. Com. Kaneda: • Asked if it was possible to make a policy to cover the requirement about testing radiation levels after a period of time; since the cell phone antenna applications come up time and again, and the radiation levels have come up less than 1/I Oe of 1 % of the FCC guidelines. 267 Cupertino Planning Commission 6 November 9, 2010. Currently, a condition is added to each cell phone antenna application and it is a reasonable precaution to have. Aarti Shrivastava: • Said they could do post - construction testing and would add the number 100 feet away also. Com. Kaneda: • Said the cell tower applications come up in his neighborhood regularly because of the poor cell coverage in Cupertino which is ironic considering Apple is headquartered there. • Said that the numbers given are based on the calculation of the worst case scenario where the beam is strongest, calculating what distance you go beyond the allowable levels; will go below the maximum levels and that is 12 feet away from the antenna. There are no houses within 12 feet and the calculation says that at the second story it is about 1 /500 of the allowable levels which in fact are below the levels that are questionable for health concerns. • People are concerned about more radiation, electromagnetic radiation, but light is a form of electromagnetic radiation. It is possible that we will fmd out in 20 years or 50 years or one year that the RF is bad and causes cancer, but at this point decisions have to be made from the best information available. • He said he did not feel it was even a close call, and is so far below the allowable levels. He said he would support the application. Com. Miller: • As Com. Kaneda said, these type of applications come up all the time, and they are difficult for us, and my feeling is I want to support the community; and if the community is saying they don't want the service the applicant is offering, that is a problem, because I want to support what the community wants. However, federal laws are on the side of the applicant which tie the city's hands. The only way we can reject an application here for cell tower is not for health reasons, but on aesthetic reasons. No one has brought up any aesthetic reasons tonight. • The community can talk to the enabling property owner; in this case PG &E, who doesn't have any federal law against their side; they are doing it for the revenue. • I am in the same position of having to support this even though I may not want to support it, simply because of the federal regulations that require us to do so. Motion: Motion by Vice Chair Lee, second by Com. Kaneda, and carried 4 -0 -1, Com. Giefer recusing herself from vote; to deny the appeal and uphold DIR- 2010 -28, with the added condition that is requiring post - construction RF testing of the RF exposures in accordance with federal safety standards after construction, and before full operation and after one year exposures to be measured at the ground floor, the second floor of nearest residence and 100 feet away. Com. Giefer returned to the meeting. Schroeder/Four Architectural and Site approval (ASA- 2007 -05), Exception Corners rties to the Heart of the City Special Plan (EXG2007 -05), Tentative (Rocktino, LLC) Map (TM- 2007 -08) and Tree Removal (TR- 2007 -03) for the 10100 Tantau Avers ue ose of extending the expiration date of the approvals for five year . tative City Council date: December 7, 2010 A.lu Honda Snelling, Senior Planner, presented the staff .: ATTACHMENT F DIR- 2010 -28 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6616 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF AN APPEAL OF A DIRECTOR'S MINOR MODIFICATION ALLOWING A PERSONAL WIRELESS SERVICE FACILITY, CONSISTING OF THREE PANEL ANTENNAS AND FOUR ASSOCIATED EQUIPMENT CABINETS ON AN EXISTING UTILITY POLE AT 11371 BUBB ROAD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an appeal of a D'irector's Minor Modification application, file no. DIR- 201028, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the project changes are deemed minor in nature; and WHEREAS, the personal wireless service facility is not located in an inappropriate location, in that the facility meets federal safety limits for radio frequency energy exposure for ground level, second floor residential locations and nearby land uses, such as a school; and that the facility is sited in an appropriate location and designed in accordance with the City's Wireless Master Plan and Wireless Communications Facilities Ordinance; and NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the appeal of Director's Minor Modification, file no. DIR2010 -28 is hereby recommended for denial; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. DIR -2010- 28 as set forth in the Minutes of the Planning Commission Meeting of November 9, 2010, and are incorporated by reference as though fully set forth herein. 269 Resolution No.6616 11371 Bubb Road Microcell Facility - ' November 9, 2010 Page 2 SECTION II: PROTECT DESCRIPTION Application No.: DIR- 2010 -28 (appeal) Applicant: Dayna Aguirre, Sutro Consulting, for T- Mobile Property. Owner: Pacific, Gas & Electric Location: in front of 11371 Bubb Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Director's Minor Modification Approval Memorandum, file no. DIR - 2010 -28 with attachments 1 through 6 dated September 7, 2010. 2. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. ABANDONMENT If after installation, the aerial is not used for its permitted purpose for a continuous period of 18 months, said antennae and associated facilities shall be removed. The applicant shall bear the entire cost of demolition and removal. 4. EXPIRATION DATE This Director's Minor Modification shall expire ten (10) years after the effective date of the permit. The applicant may apply for a renewal of the minor modification at which time the Director of Community Development may review the state of wireless communication and camouflage technologies to determine if the visual impact of the personal wireless facility can be reduced. 5. CAMOUFLAGING OF EQUIPMENT All cables shall be enclosed in conduit. The mounting brackets, conduit and equipment cabinets shall be painted to match the color of the utility pole. 6. POST- CONSTRUCTION RADIO FREQUENCY ENERGY EXPOSURE TESTING Prior to the commercial operation of this facility, the applicant shall submit a field test report on the radio frequency energy emissions to the Director of Community Development measuring public exposures to generated radio frequency energy 2 270 Resolution No.6616 11371 Bubb Road Microcell Facility Novernber 9, 2010 Page 3 (measured at full power) and comparing them with federal safety standards as measured at: • ground level, • nearest residence measured at existing or potential second floor level, and • nearest residences at 100 feet in the westerly and southerly directions measured at the existing or potential second floor level. A second field test report shall be prepared addressing the same radio frequency energy exposures after one year of operation of the personal wireless service facility. PASSED AND ADOPTED this 9th day of November 2010, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Kaneda & Miller NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: Giefer ABSENT: COMMISSIONERS: none ATTEST: /s/ Aarti Shrivastava Aarti Shrivastava Director of Community Development APPROVED: /s /Paul Brophy Paul Brophy, Chair Cupertino Planning Commission g / pl annin g /pdreport /res /2010 /DM- 2010 -05 res APPEAL.doc 3 271 ATTACHMENT G COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 55014 -3255 TELEPHONE: (408) 777 -3308 www.cupertino.org CITY COUNCIL, STAFF REPORT Meeting: November 29, 2010 Subject Appeal of a Director's Approval for a personal wireless service facility at 11371 Bubb Road. Recommended Action Deny appeal (See Attachment A. Planning Commission Resolution No. 6616) Description Application: DIR- 2010 -28 Appeal Applicant: Dayna Aguirre (for T- Mobile) Appellant: Shaul Berger Location: 11371 Bubb Road, APN 356 -23 -047 Application Summary: Appeal of a Director's Minor Modification to allow a personal wireless service facility with three panel antennas and four associated equipment boxes to be installed on an existing PG &E pole located in front of 11371 Bubb Road. Discussion Background On September 7, 2010, the Director of Community Development approved a Director's Minor Modification to allow a T- Mobile personal wireless service facility (microcell) to be mounted on an existing Pacific Gas & Electric (PG &E) utility pole (Attachment B). The Director's action was noticed to a 1,000 -foot property owner radius and was appealed by an adjacent neighbor on September 20, 2010 (Attachment Q. Please refer to the Planning Commission staff report for the detailed discussion on the appeal basis (Attachment D) and the draft meeting minutes for the Planning Commission hearing deliberations (Attachment E). Planning Commission On November 9, 2010, the Planning Commission heard the appeal and recommended that the Council uphold the Director's decision with a 4 -0 -1 vote (Giefer recused -- see Attachment D & E). The Planning Commission discussed the following issues at the hearing: ® Height of antenna - The proposed antenna cannot be further raised in height due to the type of utility pole and Public Utilities Commission limitation. * Radio Frequency - The radio frequency emission from the proposed antenna met the federal safety standards and the City is prohibited from making decisions based on health effects. To ensure that the radio frequency emission of the proposed antenna meets federal standards, the 34 272 Commission added a condition requiring post - construction radio frequency energy exposure testing before full operation of the facility and after one (1) year of operation, at specific locations. Please refer to Condition No. 6 for full details. ® Aesthetics - No aesthetic concerns were found with the antenna proposal. Appellant & Public Concerns The concerns and comments expressed by the neighbors at the Planning Commission hearing are summarized below (Responses are provided in italics): ® The proposed facility is inappropriate in a residential area. Response: The Wireless Master Plan specifically recommends this type of facility design in residential areas. ® The long -tern exposure of people to radio frequency energy can cause health concerns. Response: The federal government has established a safe exposure level for radio frequency energy for the general population that allows for continuous exposure regardless of gender, age or infirmity of the individual. The radio frequency energy study determined that estimated exposures are well below that federal safety standard. 0 It would be safer if the antennas were higher up on the utility pole. Response: The applicant stated that the proposed antenna could not be mounted higher on the power pole due to safety restrictions set forth by the Public Utilities Commission around the power transmission lines. ® The project radio frequency engineer did not consider the terrain of the surrounding area when evaluating the maximum radio frequency emission of the project Response: - The project radio consultant, confirmed that his equations and calculations of the radio frequency energy exposure of the project were all consistent with adopted FCC procedures. All data, assumptions and equations are either fully documented in his report or could be easily obtained online from manufacturer specifications (Attachments F & G). ® One resident supported the project and said that the radio frequency energy from a personal wireless service facility is minuscule compared to the radio and microwave energy people are exposed to from cellular handsets, microwave ovens and other wireless devices in the home. Prepared by: Colin Jung, AICP, Senior Planner Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Community Development Director Approved for Submission by David W. Knapp, City Manager Attachments: A. Planning Commission Resolution No. 6616 B. Director's Minor Modification Approval, DIR- 2010 -28 C. Appeal Petition from Shaul Berger for D1R- 2010 -28 D. Planning Commission Staff Report dated November 9, 2010 E. Draft Planning Commission Meeting Minutes dated November 9; 2010 2 3� F. T- Mobile West Corp. Proposed Base Station {Site No. SF24189D/11371 Bubb Road, Cupertino, California prepared by Hammett & Edison, hie. dated July 28, 2010. G. Supplemental Response Letter on Appeal Points prepared by Hammett & Edison, Inc. dated October 26, 2010. H. Public Correspondence L Photo simulations of T- Mobile Proposal (3) J. Existing and Proposed Coverage Maps K. Plan Set <V. U. ATTACHMENT H November 29, 2010 Cupertino City Council Page 4 noted that this to Assistant Public Worts ' ctor Glen Goepfert explained that this was a semi -rural area and the improvements were not being pu where the city had standard improvements. The applicant wanted to expand the driveway into the 's right of way and would be responsible for the maintenance and liability. He further noted that i to ltywanted to change this agreement in the future they could do so. Chang moved and Mahoney seconded to approve the Consent Calendar as recd ded, Ayes: r�n�n tAA�Iinn, , t, q -irrnYn Wa e. Abstain: None. PUBLIC HEARINGS 7. Su� biect Appeal of a Director's Approval for a personal wireless service facility at 11371 Bubb Road. Recommended Action Deny appeal (See Attachment A. Planning Commission Resolution No. 6616) Description Application: DIR- 2010 -28 Appeal Applicant: Dayna Aguirre (for T- Mobile) Appellant: Shaul Berger Location: 11371 Bubb Road, APN 356 -23 -047 Application Summary: Appeal of a Director's Minor Modification to allow a personal wireless service facility with three panel antennas and four associated equipment boxes to be installed on an existing PG &E pole located in front of 11371 Bubb Road. Senior Planner Colin Jung presented an overview of the staff report noting that this project had been approved by staff on September 7, 201.0, appealed on September 20, 2010 and on November 9, 2010 the Planning Commission had denied the appeal. He stated that the appeal summary included health concerns, proposed location near residential and inaccuracies in the radio frequency emission study. Mr. Jung stated that a master plan was on file which showed preferred locations for wireless facilities in the city, which showed guidelines for locations but not specific sites. He noted that if any project met FCC standards, the city was unable to deny the project on basis of health and safety issues. City Attorney Carol Korade added that FCC standards were nationwide and the city could not change these standards and was required to abide by them, The following individuals spoke in opposition to the installation of a personal wireless service facility on Bubb Road: Shaul Berger, Luis Nunez, Saleh Osman, Chen Chou, Michael Chen, Madhu Gi, Prasad Narayana, CheryLiu, Manjari Asawa, Cathy Helgerson, Catherine Ore, Raju G., Taiyi Cheng and Petr Vandrovec. They raised the following issues and concerns: There would be a negative impact on property values; the sites were too close to neighboring schools, and there were overall health and safety issues; other sites such as hillsides should be 275 November 29, 2010 Cupertino City Council Page 5 considered; there would be negative visual impacts; the pole was old, cracked and not strong enough to hold equipment; there would be negative noise levels; the city should take responsibility for the spread of pollution; and a master plan was needed which would show the exact location where the city wanted wireless facilities. Dayna Aguirre, representing Sutro Consulting for T- Mobile, stated that there was a coverage issue and customers were having difficulty wig.L dropped calls and the inability to make calls. She said that putting an antenna on a hillside would not address these site specific problems. She said that a tower would greater coverage but was not possible in this location. She said that PG &E did a structural analysis to determine that the poles being considered are structurally sound. The City Council discussed Linda Vista Park, Results Way and the water tank on Regnart Road as three possible alternative sites. Dayna Aguirre, representing Sutro Consulting for T- Mobile, stated that she knew the Results Way location would not work but it would be up to the radio frequency engineers to look at the other two sites. She stated that the company had complied with the city's requests regarding this application and she asked for a Council vote at this meeting and did not agree to a continuation. Action Mahoney moved and Wong seconded to deny the appeal and uphold the approval of the personal wireless service facility at 11371 Bubb Road. Wong seconded, and the motion carried 3 -2, with Chang and Wang voting no. UNFI ED BUSINESS - None NEW BUSINES S. Subiect Agreement wit e Association of Bay Area Governments (ABAG) to receive grant funds for the installation of tra apture devices. Recommended Action Adopt a reso 'on 10 -218 authorizing the City Manager to execute the agreement. Description This agreement will allow the City ceive grant funds for the installation of trash capture devices (TCDs) as required by the State Wa esources Control Board. Assistant Public Works Director Glen Goepfert stated that the city required to acquire, install and maintain trash capture devices that would collect trash transfbkO by rainwater from retail /wholesale commercial land -use areas. This requirement must be mietby July 1, 2014. The grant funding agreement for this project with ABAG must be executed by uary 1, entities. 276 ATTACHMENT I W. 1 1 11 1 1;I` - f i ll, ■ 1: I ' My name is Shaul Berger and I am a Cupertino resident at 11371 Bubb Rd. This petition follows the city of Cupertino guidelines for Reconsideration petition as defined in 2.08.096. The main reason for this Reconsideration petition is that the council members voted without having all the facts and at least two of them voted against my appeal based on completely wrong understanding of the facts,. rendering the council decision completely unsupported by real facts. I intentionally decided not to include in this petition issues that maybe controversial and will just add to the arguments The city rendered a decision which was not supported by findings of fact and the findings of fact were not supported by the evidence. We will also prove that relevant evidence was improperly excluded at the planning commission hearing on 1119. We will show that City Council failed to provide a fair hearing. Alternative cell sites — The council never reviewed alternative cell site options that provide better solution to all parties. They provide better coverage, are farther away from Regnart elementary school and also located hundreds of feet away from densely populated areas. The mayor and other council members suggested alternative sites to T- Mobile representative who was ready to evaluate these sites (was not aware at all of the area and these better suited locations which indicates that T- Mobile did not do proper due diligence). T- Mobile representative said that they looked only at pole based locations and never considered a tower alternative. Had the city done proper design review, this planning flaw of T- Mobile would have been discovered much earlier and resulted in an alternative solution with better coverage and co- location "savings ". She was also not aware of the proposed AT &T tower at Results Way industrial complex location which will provide complete coverage for most of Bubb Rd. neighborhoods. Council member Santoro said in his justification to vote NO on the appeal that the AT &T tower location can not support our area and this is completely incorrect. The claim by the planning commission that T- Mobile has already two facilities nearby is irrelevant because they are very low antennas that can not provide the coverage needed. Verizon is providing good coverage to the area without having any nearby towers or antennas on poles. They provide good coverage based on two towers, one located on DeAnza campus near 85 and one on 10110 California Oak Way. The second tower is 94 ft high and is located in a complex of many towers including a new one approved for Clearwire which will be more than 140 ft high. In contrast T- Mobile has a tower there that it is only 47 ft .tall. We believe that T- Mobile never explored the option of getting higher tower with good coverage. The other potential explanation maybe what T-Mobile representative said in the hearing, admitting that T- Mobile is way behind technologically. One of the key 277 reasons for NO vote (against the appeal) by council member Mahoney was the claim that big antennas do not work and solve the problem at hand. This has been proven wrong and inaccurate by Verizon. This rendered the council's decision unsupported by facts, .since council members Santoro and Mahoney voted based on wrong assumptions how coverage can be achieved. During the meeting they never asked the city technical consultant to verify the "false" facts that they used to justify their NO vote. Cupertino T- Mobile subscribers — T- Mobile could not provide any information about how many of their subscribers live in Cupertino and how many will benefit from the proposed macrocell. This question was asked by the mayor, but never answered or estimated at all. Based on survey that I did among my neighbors, none of them has T- Mobile service. The same is true among parents at Kennedy Junior High and students at Monta Vista High — It is mostly Verizon or AT &T (because of iPhone). Together with the petition we have signatures of more than 30 mobile phone users who live in our immediate neighborhood and none of them is using T- Mobile. This means that the whole new macrocell coverage area may be servicing no more than I or 2 T- Mobile customers, maybe even none The council made a decision without knowing if there are any T- Mobile users among their citizens that might benefit from the new macrocell. T- Mobile representative claimed that their decision was driven by statistics of inability to place calls, dropped calls and lack of capacity collected by their technical experts. It is very hard to have all this information when you do not have subscribers living in the new coverage areal Technical Analysis - The appellant, Shaul Berger, presented in the 11129 meeting technical evaluation done by our technical expert, Prof. Willie Lu, which showed much higher levels of radiation beyond the approved government levels. Even council member Mahoney defined. it as 6x higher than the findings of the T- Mobile consultant. Council member Santoro asked for the report to review it. In spite of this the council voted without checking the facts. This appellant (himself a wireless consultant) suggested to review the two technical evaluations because the difference was significant and indicated different set of assumptions. City Council voted without knowing the radiation facts and without doing due diligence to verify that indeed the levels are below the government levels. ]Proper Design Review — The city did not conduct proper design review as would be expected for such a significant proposal. This type of design review is being done in other cases and other cities (like Saratoga). The director of Community Development decided that the proposal will not be controversial and based on these grounds defined it as a minor change. Minor change (as defined. in 192.132.020) means alteration or modification of an existing plan. This T- Mobile plan certainly does not fit this definition. Converting a PG &E utility pole to a wireless communications pole with 3 powerful antennas and 4 communication boxes can hardly be described as minor change. It is very clear that the director of Community development made a wrong judgement call that the public will not oppose this proposal and it will not be controversial. Based on this minor change classification, the city avoided Public Design Review hearing that would have addressed many of the issues raised in this petition and by many Cupertino citizens, 278 including council members during the 11129 hearing. We are asking the city council to return the proposal to the community development department for a proper public design review that will follow the city procedures. The planning commission had the opportunity to schedule the design review after the planning commission hearing on 11/9/2010. At that meeting, this appellant saw for the first time the city's and their consulting firm's response to the appeal's claims. We did not have the opportunity to study their answers at all. The appellant stated clearly at the beginning of the 1119 meeting that this procedure does not meet any reasonable standards and certainly does not represent "good faith effort" approach that the planning department uses as their guideline (see chapter 19.132). Summary - We fully support the efforts of the city to provide superior connectivity (broadband, wireless, etc) to its citizens. The problem is that the current wireless master plan will not achieve it. Quite the contrary? In addition to health risks that nobody is sure what are the long term effects of this type of radiation, this solution is very localized and solves an issue for the least popular carrier in CA. This means that soon all our streets will be full of ugly power poles, each addressing different type of wireless connectivity. Even the planning department admits that the proposed antenna does not solve connectivity to big parts of Cupertino for T- Mobile (meaning that we will need many more ugly poles for them and other operators). We think the right approach is to erect a high tower on the Cupertino hills which will be far away from dense housing (and thus less health risks). This tower will be able to provide much better coverage to most of the city and can be shared by all wireless providers without the aesthetic damage that the current approach will bring to our city. We are asking you to put the approval on hold and request all the other carriers (that are also applying for antenna approvals) to come up with a joint proposal that will put a tall tower on Cupertino hills, solving the coverage issues without making our streets look like military wireless compound full of ugly antennas. I strongly urge the City Council to pass a resolution for citywide cell phone tower plan that will reduce the wireless antenna clutter in the city to minim by sharing facilities between all operators. Regards 12-1 9 (q0 Shaul Berger 11371 Bubb Rd Cupertino Resident since 1988 279 1- 2110,� I L) We the following residents, .residing on and nearby Bubb Road, hereby declare that we do not have or use any of� the T M We strongly object the Cupertino City Council to allow any Wireless Antennae or Towers installed near our homes or schools. instead we strongly urge the City to consolidate all the applications from Service providers and place the antennae on tall towers on the Cupertino Fulls or any commercial properties. No_ Name Address Phone /Email Signature 'Aft .� Ra 1 2 - / )q "SL u o 4rLg l� IJ G ib e 3 GA en �14 4 5 00 9 1 MIO . 4 ©P1 /l`I�' �f w wc - 5 54 4Z26 m /3 7 ei, i, (,oz> i. a 99 0� � Coin 9 4 � �',. J -'' ' -. ` i, r .f ,%jj �,w + [-sir I('� V 10 !�[A Uk I 'L/IJ Lk /A �/11�'DVM S( c� �' •Gollvt i�r K 11 I�AY" k. VA b vfi jA Z m vNpey iA s 0". cam-. A Lf VA DC) r> Ap' A 215 5 mOVRDViA- ST, �[t���.- u � r f h ( � 15 V ,>^ A W- r4 RM 280 16 17 18 7. x 7 19 4Z 20 21 21 23 24 f 1l 3 S� .�-��� iRd- v- r� 25 3S ftzldl 26 vi 03TI /�04 27 � � ��� Cr�l��� ��` �U�t� tl�. r f� 28 29 cl o Yl C 4" 30 5A 215�12, n � g fl (L 32 33 34 281 282 ATTACHMENT J Colin Jung From: shawl berger {dspmaster @yahoo.com) Sent: Tuesday, November 30, 2010 11:56 AM To: Colin Jung Cc: Aarti Shrivastava Subject: Re: Your radio frequency emissions study for the Appeal of DIR- 2010 -28 21 I have only the results. Willie is travelling on business in China (this is why he was not yesterday). I will ask him to get me the info and 1 will email it to you. Shaul Berger From: Colin Jung <Colin] @cupertino.org> To: shawl berger <dspmaster @yahoo.com> Cc: Aarti Shrivastava <AartiS @cupertino.org> Sent: Tue, November 30, 2010 11:39:48 AM Subject: Your radio frequency emissions study for the Appeal of DIR - 2010 -28 Shaul: You mentioned at the public hearing that Willie Lu had done some RI= emissions analysis for the T- MobilelBubb Road microcell appeal and his calculations were significantly higher than documented by Hammett and Edison. If this information is in written form, we would like to have it for the public record. Documentation of the data used, assumptions, calculations and standards applied would increase its credibility. Colin Jung City of Cupertino 283 Colin .lung ATTACHMENT K From. Shaul Berger [dspmaster @gmail.com] Sent: Thursday, January 27, 2011 5:46 PM To: City Council; Colin Jung Subject: Radiation analysis - T- Mobile Antenna proposal -11371 Bubb Rd. Attachments: DIR- 2010- 28- EXHIBIT1.pdf; DIR- 2010- 28- EXHIBIT2.pdf; DIR - 2010- 28- EXHIBIT3.pdf Dear Hon. Mayor, Council Members and Colin, In the last council meeting on this topic, (11129/10),1 mentioned radiation results of our own technical analysis, done by Prof. Willie Lu. These results showed much higher levels of radiation (compared to what the city presented), beyond the government approved levels. Council member Mark Santoro asked to see the report and I planned to do it as well as provide this information to Colin. Unfortunately I learned that these steps had legal implications that I was not aware of. Originally Mark agreed to meet me but later informed me (Dec 1) that he was adviced by the city attorney not to meet me. I suggested that the city attorney will attend this meeting (Dee 1) but the meeting never happened and thus I did not have a chance to present our analysis. The city attorney guidance indicated to me that disclosing this analysis had legal aspects. As good will gesture, without rescinding our right to use this information during any future judicial proceedings, I am providing this analysis to the city council. Providing this information does not preclude us from raising or litigating it in a subsequent judicial proceeding. T- Mobile reiterated the 0.22% MPE max at 12 FT from the antenna multiple times. However, we calculated much higher levels. The detailed. data of MPE at 12ft, 20ft and 30ft, based on the antenna and transmitter information as set forth in the DIR - 2010 -28 REF -1, A -2, etc are attached. It is clear that our analysis and T- Mobile analysis provide completely different results. As I suggested in the 11 /29110 meeting, we are interested to resolve these extreme discrepancies. I was never approached by the city representative to discuss the results with their experts. We believe that differences originate in the T- Mobile assumptions but I do not plan to make uneducated guess. Sincerely yours Shaul Berger 11371 Bubb Rd. ME RESULTS OF POWER DENSITY EVALUATION FOR: Antenna Type: Panel Dual Polarized Antenna Gain: 14.7 dBi Transmission Line Type: Hardline Transmission Line Length: 25 feet Maximum Transmitter Power (PEP): 360 watts Power at the Antenna (PEP minus transmission line loss): 267 watts Frequency of Operation: 1900 MH2 Ground Reflection Effects are NOT included in results calculation Distance from the point of interest to the antenna: 12 feet Except for the 'WORST CASE' results, all results calculations utilized antenna gain, transmitter power, transmission line losses, frequency of operation, and the effects of ground reflection (if requested). Worst case results do not include transmission line losses and do include ground reflection effects whether requested or not. RESULTS OF POWER DENSITY CALCULATIONS: Maximum Permissible Exposure at this frequency, expressed as milliwatts /square centimeter is: Controlled Environment: 5 mW /sq. cm. Uncontrolled Environment: 1 mW /sq. cm. Estimated RF power density at the point of interest (specified distance from the antenna) expressed as percent of the Maximum Permissible Exposure ME). This percentage value can be added to the power density percentages calculated for other nearby antennas to determine if total exposure exceeds FCC guidelines. Check duty cycle(s) used: [ ] SSB w/o processor (20% duty cycle): Controlled Environment: 18.7% Uncontrolled Environment: 93.78 [ ] CW and SSB w /processor (40% duty cycle): Controlled Environment: 37.5% Uncontrolled Environment: 187.40 [ ] FM /FSK /RTTY /AFSK /SSTV (100% duty cycle): Controlled Environment: 93.7% Uncontrolled Environment: 468.5% WORST CASE (100% duty cycle; w/o transmission line attenuation; w /ground reflection effects): Controlled Environment: 126.4% Uncontrolled Environment: 632% 285 RESULTS OF POWER DENSITY EVALUATION FOR: Antenna Type: Panel Dual Polarized Antenna Gain: 14.7 dSi Transmission Line Type: Hardline Transmission Line Length: 25 feet Maximum Transmitter Power (PEP): 360 watts Power at the Antenna (PEP minus transmission line loss): 267 watts Frequency of Operation: 1900 MHZ Ground Reflection Effects are NOT included in results calculation Distance from the point of interest to the antenna: 20 feet Except for the 'WORST CASE' results, all results calculations utilized antenna gain, transmitter power, transmission line losses, frequency of operation, and the effects of ground reflection (if requested). Worst case results do not include transmission line losses and do include ground reflection effects whether requested or not. RESULTS OF POWER DENSITY CALCULATIONS: Maximum Permissible Exposure at this frequency, expressed as milliwatts /square centimeter is: Controlled Environment: 5 mW /sq. cm. Uncontrolled Environment: 1 mW /sq. cm. Estimated RF power density at the point of interest (specified distance from the antenna) expressed as percent of the Maximum Permissible Exposure (MPE). This percentage value can be added to the power density percentages calculated for other nearby antennas to determine if total exposure exceeds FCC guidelines. Check duty cycle(s) used: [ ] SSB w/o processor (20% duty cycle): Controlled Environment: 6.7% Uncontrolled Environment: 33.7% [ ] CW and SSB w /processor (40% duty cycle): Controlled Environment: 13.5% Uncontrolled Environment: 67.50 [ ] FM /FSK /RTTY /AFSK /SSTV (100% duty cycle): Controlled Environment: 33.7% Uncontrolled Environment: 168.7% WORST CASE (100% duty cycle; w/o transmission line attenuation; w /ground reflection effects): Controlled Environment: 45.5% Uncontrolled Environment: 227.5% W. RESULTS OF POWER DENSITY EVALUATION FOR: Antenna Type: Panel Dual Polarized Antenna Gain: 14.7 dBi Transmission Line Type: Hardline Transmission Line Length: 25 feet Maximum 'Transmitter Power (PEP): 360 watts Power at the Antenna (PEP minus transmission line loss): 267 watts Frequency of Operation: 1900 MHz Ground Reflection Effects are NOT included in results calculation Distance from the point of interest to the antenna: 30 feet Except for the 'WORST CASE' results, all results calculations utilized antenna gain, transmitter power, transmission line losses, frequency of operation, and the effects of ground reflection (if requested). Worst case results do not include transmission line losses and do include ground reflection effects whether requested or not. RESULTS OF POWER DENSITY CALCULATIONS: Maximum Permissible Exposure at this frequency, expressed as milliwatts /square centimeter is: Controlled Environment: 5 mw/sq. cm. Uncontrolled Environment: 1 mw/sq. cm. Estimated RF power density at the point of interest (specified distance from the antenna) expressed as percent of the Maximum Permissible Exposure (MPE), This percentage value can be added to the power density percentages calculated for other nearby antennas to determine if total exposure exceeds FCC guidelines. Check duty cycle(s) used: [ ] SSB w/o processor (20% duty cycle): Controlled Environment: 3% Uncontrolled Environment: 15% [ ] CW and SSB w /processor (40% duty cycle): Controlled Environment: 6% Uncontrolled Environment: 30% [ ] FM /FSK /RTTY /AFSK /SSTV (100% duty cycle): Controlled Environment: 15% Uncontrolled Environment: 75% WORST CASE (100% duty cycle; w/o transmission line attenuation; w /ground reflection effects): Controlled Environment: 20.2% Uncontrolled Environment: 101.1% 287 ATTACHMENT L HAMMETT & EDISON, INC. CONSUL fING 1- NGINEl:R ,...; R_ ,.._�;ro,:_., �,# I3iZOADCAS'I' dr.lNii2LLESS BY E -MAIL COLINJ @CUPERTINO.ORG January 31, 2011 Mr. Colin Jung, AICP Senior Planner City of Cupertino 10300 Torre Avenue Cupertino, California 95014 -3255 Re: T- Mobile Base Station at 11731 Bubb Road Dear Mr. Jung: WILLIAM F. HAMMETT, P.E. DANE E. ERICKSEN, P.E. STANLEY SALEK, P.E. MARKD. NEUMANN, P.E. ROBERT R SMITH, JR. RAIAT MATHUR, P.E. FERNANIJO DIZON KENT A. SWISHER IVETTA KHENOKH ROBERT L. HAMMETT, P.E. 1920 -2002 EDWARD EINSON, P.E. 1920 -2009 Thank you for sending to T- Mobile the correspondence dated January 27, 2011, from Mr. Shaul Berger regarding the proposed T- Mobile base station at 11731 Bubb Road. I have reviewed the letter and attachments, finding the methodology and calculations to be reasonable, though not results. The error that Mr. Berger makes is using the proposed output power from the antenna as the output power from the transmitter This means that all of his results are too high by a factor of about 15 times, that being the gain of the antenna minus the loss of the transmission line connecting the two. Thus, there is no discrepancy between the T- Mobile submittals and Mr. Berger's analysis, once this error has been accounted for. I should also point out that Mr. Berger is calculating the exposure levels in front of the antennas themselves, some 40 feet in the air next to the PG &E pole, rather than, as we had done, where people might be present: at ground level and in nearby buildings. We appreciate the opportunity to be of service and would welcome any questions on this material. Please let me know if we may be of additional assistance. Sincerely yours, William F. Hammett ms Web: %"nv.h -c.com • bhammett @h -e.com Delivery: 470 Third Street West • Sonoma, California 95476 Telephone: 707/996 -5200 San Francisco • 214/559 -5200 Dallas • 202/396 -5200 D.C. • 707/996 -5280 Fax Colin Jung ATTACHMENT M From: Mario Neumann [mneumann @h- e.com] Sent: Friday, February 11, 2011 3:28 PM To: Willie.ieee @gmail.com; dspmaster @yahoo.com Cc: Colin Jung; Dayna Aguirre Subject: ERP calculations for T- Mobile Bubb Road Site Messrs. Lu and Berger, At the request of T- Mobile and the City of Cupertino, we are providing to you the derivation of the effective radiated power (ERP) used in the power density calculations for the T- Mobile base station proposed to be installed at 11371 Bubb Road in Cupertino. Based upon data provided by T- Mobile, the site is to be configured as follows: GSM 1900 MHz: Ericsson RBS 2111 cabinet, 25.3 feet of RFS Foamflex 1/2 coaxial cable, RFS Model APXV18- 206513-C Antenna TPO /Channel: 13.01 dBW (20 watts) Line Loss: -1.12 dB Combiner loss: -3.0 dB Jumper cable loss -0.17 dB Diplexer loss -0.2 dB Splitter loss: -4.8 dB Antenna gain: 12.6 dBd GSM ERP dBW /channel: 16.32 GSM ERP watts /channel: 42.9 Number of GSM Channels: 4 Total GSM ERP: 180 watts (rounded up) AWS 2100 MHz: Ericsson RBS 3308 cabinet, 25.3 feet of RFS Foamflex 1/2" coaxial cable, RFS Model APXV18- 206513-C Antenna TPO /Channel: 13.01 dBW (20 watts) Line Loss: -1.19 dB Jumper cable loss -0.17 dB TMA Diplexer loss -0.4 dB Diplexer loss -0.1 dB Splitter loss: -4.8 dB Antenna gain: 13.0 dBd AWS ERP dBW /channel: 19.35 AWS ERP watts /channel: 86.1 Number of AWS Channels: 2 Total AWS ERP: 180 watts (rounded up) Combined AWS and GSM ERP: 360 watts This combined ERP was then used to calculate power density levels for the MPE analysis using the formula specified by the FCC in OET Bulletin 65, which was provided with our report. Please let me know if you have any questions or would like to discuss this analysis further. 1 NO Regards, Mark D. Neumann, P.E. Hammett & Edison, Inc. Consulting Engineers San Francisco Tele: 707/996 -5200 Fax: 707/996 -5280 290 Colin Jung �pnrawrmmanmmgi - nnmrrnnnrmrmnmmtrnrnrT .nrnnimrnmm�omnmm�m From: Mark Neumann [mneumann @h- e.com] Sent: Friday, February 25, 2011 9:05 AM To: Dayna Aguirre; Colin Jung Subject: RE: ERP calculations for T- Mobile Bubb Road Site (SF24189) Dayna, I just wanted to follow -up with you on the email that we sent to Messrs. Lu and Berger. As yet, we have not received a response. Please let me know if you would like us to do anything further at this time. Mark D. Neumann, P.E. Hammett & Edison, Inc. Consulting Engineers San Francisco Tele: 707/996 -5200 Fax: 707/996 -5280 1 291 Attachment N Colin Jun From: shaul berger [dspmaster @yahoo.com] Sent: Monday, March 21, 20116:09 PM To: Colin Jung; City Attorney's Office; Aarti Shrivastava Cc: City Council Subject: T- Mobile Wireless facility at 11371 Bubb Rd - New facts Hi, Today AT &T Wireless announced that it has agreed to acquire T- Mobile. The deal was approved by the boards of both companies. This news presents new facts /evidence that were not known during previous hearings regarding the T- Mobile request for antenna at 11371 Bubb Rd. This acquisition has far reaching aspects that affect the wireless coverage of whole Cupertino area. 1. AT &T has already received approval for a wireless tower at Results Way. We can expect that AT &T will do new survey based on their existing combined coverage prior to deploying additional nearby "local" antennas. 2. The Results Way antenna is less than one mile away from 11371 Bubb Rd location. Cupertino city regulation requires any single operator requesting more than one aerial wireless permit per year (19.108.080), to prepare a wireless master plan. 3. AT &T is now starting to deploy more advanced technology than T- Mobile using different spectrum, antennas, and thus requires completely new analysis vs the one submitted by T- Mobile. Based on these facts we are asking the city to put on hold all activity (including the 415 reconsideration hearing) regarding T- Mobile Wireless facility at 11371 Bubb Rd and thus save public resources and money discussing /analysing a plan which is bound to be scrapped by AT &T. 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(aj eo O m � , y x I a�s�rt a t Z O v: 46` D 6LJ U � L61 Z OFFICE OF THE CITY MANAGER UPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3212 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: April 5, 2011 SUBJECT AND ISSUE Consider accepting a Department of Energy grant for a Coulomb Technologies, Inc. electric vehicle charging station, and authorize the City Manager to negotiate and execute the necessary agreements with Coulomb Technologies, Inc., and REJ Electric Company for installation of a charging station at City Hall in substantially the same form as attached BACKGROUND In seeking strategies to reduce emissions and enhance future savings, staff identified the reinstallation of a plug -in electric vehicle charging station as critical infrastructure to enable the city to once again acquire and use electric vehicles as part of its fleet. The city's proposed partner, Coulomb Technologies, deploys charging stations in municipalities, utilities, office buildings and parking garages. The company is creating a network of electric vehicle charging stations, accessible to all plug -in drivers through a single use or monthly subscription model. Supported by Department of Energy funding to deploy and collect data among 4600 stations in nine metro areas, Coulomb has offered to make the infrastructure available in Cupertino for resident and business vehicles, as well as the city fleet, at no cost to the City. These stations are currently located in 13 other Bay Area jurisdictions including the Cities of San Jose, South San Francisco, San Francisco, Los Altos Hills and Counties of Alameda and Sonoma, though numerous stations have been installed by other vendors in neighboring jurisdictions including Palo Alto, Sunnyvale, Mountain View, Santa Clara and Campbell' TECHNOLOGY SUMMARY The technology proposed for the City of Cupertino is a 7.2kW output Level 11 208/240V @ 30A) dual output station (CT2100 — see Attachment A) charging via a standard SAE J1772TM connector and fixed 18 -foot cable designed for public outdoor applications. Level II charging is often described as the "primary" and "standard" method for electric vehicle supply equipment, in that it allows for a faster battery charge of 4 to 6 hours (depending on the EV, battery type and capacity) due to a higher voltage (over Level I 120V AC). The charging station requires 220V 40A and 110V 20A on separate circuits and will consist of installing new, dedicated branch circuits from the central meter distribution panel to 1 Electric vehicle charging station locations information obtained on March 25, 2010 through www.evchar�ermaps.com Additional information on charging levels are described in these Electric Vehicle Charging Infrastructure Deployment Guidelines: htt3: / /www.oreaon.Dov /ODOT /HWY /OIPP/ docs /EVDe310 Guidelines3- l.pdf?ga 303 April 5, 2011 Page 2 the charging station. Proximity to the electrical service is an important factor in locating this parking area, as the length of the circuit run and the number of stalls will have a significant impact on the installation cost for the City. Additional charging station features are included in Attachment A & B and include: 1. Smart Card Reader: The station's integrated standards -based RFID reader accepts Coulomb's "ChargePass cards" (integrated circuit card) or other contactless credit cards, with capacity to provide indentification, authentication, data storage and application processing. The reader can also provide optional driver billing and custom access control, preventing electricity theft and enhancing safety. 2. Software Features: Software features are outlined in Attachment B including network operation service, driver telephone support, station manager software application, flex billing manager software application and flex billing service. 3. Station Manager: The Station Manager provides access to usage, energy consumed, station availability and\ greenhouse gas (GHG) trends for each charging station. Data can be exported and combined with data from other systems to track costs, calculate savings and monitor efficiencies of the electric vehicle charging system. FISCAL IMPACT The smart charging infrastructure for plug -in electric vehicle, valued at $6,555 will be donated by Coulomb Technologies, through its Department of Energy (DOE) ARRA Grant (Attachment C and D). The installation cost to the city will be covered by a California Energy Commission Grant for $1,750, which will include wiring installation ($450), concrete base ($300) and final assembly ($1,000) and $600 for a parking bollard to protect the equipment, for a total project grant of $2,350 (see Attachment E). Ongoing subscription costs are established through the Agreement with Coulomb Technologies and are paid buy the user. The City will receive a free subscription to the network through December 31, 2013, when Coulomb's Department of Energy grant term expires, allowing free charging for City vehicles. (Attachment F). Coulomb's network billing allows agencies to configure each station's pay -per- use features to establish parking service rates (termed session fee pricing, per Attachment F) that vary by day, time of day and individual customer. This allows billing to reflect PG &E rate schedules, including Time of Use rates. All fees are collected automatically and transferred directly into the City's account. All of these considerations will be subject to negotiations between Coulomb Technologies and the City. At the close of the free subscription term of December, 31, 2013, session pricing fees will follow the formula outlined below: Session Fee Session A Fee uthorization Session Processing Fee PG &E A -10 Electric Rate Schedule (A -10 Total Meter Cost x Total Meter Cost + $0.5 s + 7.5 % Currently: $0.16013/kwh4 Currently: (($0.16013kwh) x7.5 /o) 3 Based on the following Subscriber Session Transaction Fee Schedule dated July 7, 2010 (Attachment F). 4 Based on PG &E Commercial Service Electrical Rates (A -10 Schedule) accessed March 25, 2011 through: http: //- pge.com/ tariffs /Comm10nlyA- lOCurrent.xls 304 April 5, 2011 Page 3 SPECIAL CONSIDERATIONS 1. Limiting Parking Disruption: As a means to minimize parking disruptions in the Civic Center Parking Lot, staff will implement the following actions: • 5 minute Loading & Charging Zone — To accommodate the need for additional loading spaces for Public Works and other facility guests, staff proposes to designate the space for both Loading and EV Charging. This is supported by the Public Works team including the City's Traffic Engineer as a way to accommodate an existing demand, while adding the new EV charging service. • Electric vehicle — as part of the vehicle replacement schedule, described in further detail in item 9 below, staff propose to replace a conventional pool vehicle with an electric vehicle, which will in turn charge in the designated Loading & Charging space, as described above. This will free an additional parking space during the time while the vehicle is charging and also when it is being utilized by staff. • Pool vehicle — staff are evaluating the opportunity toshift one pool vehicle that has minimal usage, likely the pool van, currently parked in the Civic Center Parking Lot to the Corporation Yard. This will create an additional space not currently available to the general public. 2. Code Requirements: As with any electrical installation, EV charging infrastructure is governed by various federal, state, and local building codes and requirements. In PG &E's service territory, the National Electrical Code (NEC), the California Electrical Code (CEC), and the California Building Code (CBC) are standards for local jurisdictions to follow to ensure the safe operation of equipment. Also, in an effort to create an opportunity for residents to install electric vehicle charging systems, the City, through its involvement in the Bay Area Climate Collaborative, is evaluating the guidelines developed by the Tri- chapter Uniform Code Committee to enhance regional consistence in application and enforcement of the Building Code, as it relates to electric vehicle charging infrastructure Permitting: Staff confirmed that the installation of electric vehicle charging stations will require an electrical permit, issued through the building department. Also depending on the scenario, Public Works may require an encroachment permit to allow construction in the public right -of -way. As part of this project, staff reviewed electrical permit fees of adjacent jurisdictions and found the City's commercial electrical permit to be significantly higher than other City's commercial electrical permit fees. As such, Council and the finance team, as part of the FY2011/2012 Budget, should consider establishing a special commercial electric vehicle charging station permit fee that both incentivizes this installation and avoids issues similar to that encountered with commercial solar photovoltaic permit fees. It should also be noted that as a means to create a regionally consistent permitting process for charging stations, staff are participating in a Bay Area Climate Collaborative- convened working rg oup to evaluate EV fleet opportunities and streamline EV infrastructure permitting for public, residential and commercial installations. 4. Siting: To minimize installation costs, while minimizing disruptions among Library patrons, staff propose the electric vehicle charging station be installed in the City Hall Parking Lot where wiring and conduits exist from the previous RAV -4 charging station, as highlighted in the image below. This recommendation was confirmed and approved by both the City's Transportation Engineer and proposed installer, REJ Electric. Alternative locations at City 305 April 5, 2011 Page 4 Hall would result in a minimum increase of $60 /linear foot for prevailing wage -based labor and materials, though not including additional costs for renting and operating boring equipment to access the site (estimated to exceed $5,000). In addition, siting requirements for publicly available charging expand beyond those for public fleets, in order to address questions of ownership, vandalism, payment for use, maintenance, and data collection. Though most of these considerations will be addressed in the City's Agreement with Coulomb Technologies (Attachment F), staff are reviewing mounting options (bollard, pole, wall) to ensure the charging stations accommodate (1) public safety (2) ease of access and (3) EV owner access to alternative activities during charge time. 5. Parking and Signage: Despite the fact that the City had previously designated spaces for electric vehicle charging at City Hall and the Service Center, Cupertino's Municipal Code does not include specific language related to parking or signage for electric vehicle charging. Opportunities to incorporate this language include Chapter 11.24: Stopping, Standing and Parking — Public Streets and Chapter 11.31: Regulation of Parking on Property Owned by the City, which will be reviewed staff in consult with the City's Traffic Engineer. This team will also evaluate signage to serve two unique purposes: (1) to keep non -EV vehicles from parking in charging station spots and (2) to help EV drivers locate charging stations, as depicted on the right. 6. Utility: The City, supported by Coulomb, will work with PG &E to determine requirements for a special or second meter to accommodate the project. Though beneficial to electric vehicle charging pricing, the transition to a demand -based Time of Use (TOU)schedule will not considered at this time, as it was under review as part of a proposed solar power purchase agreement project which will not be advanced. 306 April 5, 2011 Page 5 7. Demand for Charging Infrastructure: As cited in a 2009 University of California, Berkeley Technical Brief conducted by the Center for Entrepreneurship & Technology, improvements in both lithium -ion battery technology and hybrid automobiles over the past twenty years have made possible the design of superior performance electric vehicles to their gasoline vehicle counterparts. Spurred by these breakthroughs, vehicle manufacturers have indicated their intention to begin mass producing electric vehicles within the next .five years to dramatically increase the number of electric vehicles on U.S. roads, which are currently in the thousands Specific projections referenced in this brief note that "baseline forecast electric cars account for 64% of U.S. light - vehicle sales by 2030 and comprise 24% of the U.S. light - vehicle fleet." These rates of adoption will be driven by the low purchase price and operating costs of electric cars with separate battery ownership or battery leasing. The estimates include the cost of installing charging and battery switching infrastructure to extend the range of electric vehicles. However, due to policies enacted (i.e. ease of permitting requirements for EV charging equipment, retail sales and use tax exemptions for EV batteries and infrastructure) and infrastructure installed to encourage accelerated deployment of transportation alternatives, adoption of electric vehicles is anticipate to first occur among West Coast states. For example, By 2020, 700,000 of the 2.7 million electric cars sold in the United States, comprising 17% of 2020 new light - vehicle sales, are forecast to be sold in the four West Coast States. EVs are approximately three times more energy- efficient than gasoline vehicles As a vehicle fuel, electricity offers the additional advantage of price stability. EVs can operate for as little as 2 cents per mile when charged overnight using off -peak power, when compared to a gasoline vehicles which cost of 20 cents per mile (rated at 20mpg, gasoline cost $4 /gallon). By charging batteries during off -peak hours, EV owners can minimize their energy bills and also make more efficient use of utility power plants, which in turn can reduce the average cost of electricity for all customers. 8. Electric Fleet Vehicles: Per the City's approved Environmentally Preferable Procurement Policy Section 3.7.8 "when replacing vehicles as part of the vehicle replacement schedule, the City will identify and consider less - polluting alternatives such as compressed natural gas, bio -based fuels, hybrids, electric batteries, fuel cells as available." To achieve this goal, staff will initiate a new standard practice as part of the vehicle replacement schedule to fully evaluate vehicle alternatives, per Section 3.7.8, as a means to further advance the goals outlined in Section 3.2.4 "prior to purchasing products or services, the City will consider the short and long -term costs in comparing alternatives." This new practice is to include evaluation of total costs expected during the period of ownership including, but not limited to, acquisition, extended warranties, operations, supplies, maintenance, disposal costs and expected lifetime compared to other alternatives." Here staff will take into consideration federal and state tax rebates and grants available to offset the cost to procure alternative fuel vehicles (vs. conventional models). 5 Information obtained on the University of California website "Electric Vehicles in the United States: A New Model with Forecasts to 2030" on March 4, 2011 at http: / /cet.berkeley.edu /dl/ CET Technical %20Brief EconomicMode12030 £pdf 6 Information obtained on Pacific Gas & Electric's website "Electric Vehicle Charging Rate and Economics" on March 4, 2011 at: http: / /www.pge.com about/ environment pge /electricvehicles /fuelrates /index.shtml . 307 April 5, 2011 SUSTAINBILITY IMPACT Page 6 As referenced above, a transition to electric vehicles will offer economic and environmental benefits, costing about 2 cents per mile to operate, compared to 20 cents per mile for a conventional car, based on gas at $4 per gallon (consistent with fuel prices on March 5, 2011), all the while emitting no tailpipe pollutants and requiring no fluids to lubricate moving parts (i.e. engine oil, anti - freeze, transmission fluid). Most EVs charge up at night when system wide demand for electricity is low, tapping into existing generating capacity that is not fully used rather than increasing demand for new capacity. For example, the battery of a Nissan leaf, with a 100 -mile range, can be charged to 80 percent capacity in 30 minutes with a quick charger or fully charged from a 220 -volt home outlet in eight hours. If this charging is performed overnight the vehicle owner in PG &E territory could save upwards of $0.23 /kwh if charging in off peak vs. peak hours'. The Department of Energy's Argonne National Laboratory estimates that hybrids reduce greenhouse gas emissions by 22% and plug -in hybrids reduce emissions by 36 %. Night time charging may further reduce emissions by 46 — 61 %. Electric Power Research Institute and a Natural Resource Defense Council study noted that plug -in electric vehicle (PHEVs) will actually get cleaner as they get older, because the (domestic) power grid that supports these vehicles is, and will continue to, getting cleaner. Though plug -in electric vehicles (PHEVs) are increasing penetration among the 247 million registered conventional passenger vehicles in the United States, most PHEV owners do not have a way to charge their vehicle once they leave their home. Addressing this gap in alternative transportation infrastructure will, in coordination with Coulomb Technologies, enable existing PHEV owners to access the resources required for mobility and eliminate the barriers to market entry for new and emerging electric vehicle technology companies. . Furthermore, incentivizing the development of this marketplace will provide the city means to achieve its Bay Area Climate Compact Goals to: • Incentivize and encourage transportation mode - shifts, such as networked work stations, bicycling and public transit, to reduce 2008 baseline gasoline consumption 3% by the end of 2013, and 8% by the end of 2018. • Increase the number of zero emission and other advance ultra -low emission light duty vehicles to 10% of municipal fleets by the end of 2013, and to 25% by the end of 2018. TIMELINE Coulomb is looking to complete all charging station allocations by the close of the year, with the intent to deploy the installation of all public charging stations by September 2011. RECOMMENDED ACTION Consider accepting a Department of Energy grant for a Coulomb Technologies, Inc. electric vehicle charging station, and authorize the City Manager to negotiate and execute the necessary agreements with Coulomb Technologies, Inc., and REJ Electric Company for installation of a charging station at City Hall in substantially the same form as attached 7 Information obtained on Pacific Gas & Electric's website "Electric Vehicle Charging Rate and Economics" on March 24, 2011 at: http: / /www.pge. com/about/ environment /pge /electrievehicles /fuelrates /index. shtml 1: April 5, 2011 Prepared by : Erin Cooke, Environmental Affairs Coordinator Reviewed by : Rick Kitson, Director of Public and Environmental Affairs Approved for Submission by David W. Knapp, City Manager Attachments: Attachment A: ChargePoint Networked Charging Stations CT2100 Family Attachment B: ChargePoint Network Standard Service Attachment C: Coulomb Technologies, ChargePoint America Grant Award Page 7 Attachment D: Coulomb Technologies, ChargePoint America Installation and Reporting Compliance Guide Attachment E: REJ Electric Company, City Hall Electric Car Charger Proposal Attachment F: Coulomb Technologies, ChargePoint Master Services Subscription Agreement 309 0 by Coulomb Technologies ChargePoint Networked Charging Stations CT2100 FAMILY ChargePoint® Networked Charging Stations, by Coulomb Technologies, offer municipalities, corporations, fleets, and utilities, high- reliability, plug -in electric vehicle charging that drivers prefer. The easy -to -use stations provide multiple power options, integrating aesthetics and ergonomics with sturdy construction —ideal for residential, commercial and outdoor public applications. The CT2100 family of charging stations are dual output stations designed for public outdoor applications for the North American marketplace. The 7.2 kW output delivers Level II (208/240 V @ 30 A) charging via a standard SAE J1772' connector and fixed 18 -foot cable. The 2 kW output delivers Level 1 (120 V @ 16 A) charging via a standard NEMA 5 -20 receptacle protected behind a locking door. Both outputs can deliver energy simultaneously. To eliminate energy theft and to enhance safety, drivers access and energize the station with a ChargePass' card or contactless credit card. The station's highly visible display guides drivers with instructive messages and can be used to display custom advertisement or greetings for drivers. ChargePoint Network Enabled Includes 24/7 driver assistance, station location, station availability, trip mapping, driver billing, and driver notification services. Compatible with remote management, billing, maintenance and other on- demand software applications. Smart Card Reader Integrated standards -based RFID reader that accepts ChargePass cards or contactless credit cards. Provides optional driver billing and custom access control, preventing electricity theft and enhancing safety. Intelligent Power Control Algorithms ensure power is delivered only when a driver is authorized and the EV connector is properly inserted. Locking Door Protects power insertion point and retains the EV charging cord to prevent theft during charging. Vacuum Florescent Display with Multiple Language Support Bright, easy -to -read display used for instructive, advertisement and greeting messages in many languages. Integrated Fault Detection • Ground Fault Detection: Integrated ground -fault detection circuitry with auto retry and driver notification. • Over- Current Detection: Disconnects power to prevent nuisance breaker trips at service panel. Auto retry and driver notification. • Plug -Out Detection: Algorithm disengages power and notifies the driver when a plug is removed. • Charging Complete Detection: Algorithm detects completion of EV charge and notifies the driver. Over - the -Air Station Upgrade Upgrade station firmware remotely over - the -air to keep charging station current with future and evolving EV charging needs. Utility Grade Energy Meter Integrated power metering circuitry provides accurate bi- directional energy measurement. Remote Diagnostics and Control Real -time remote alarm monitoring and control minimizes the need for on -site maintenance. Network Interface Wireless mesh and cellular network interfaces allow seamless integration with back office business systems, utility Advanced Metering Infrastructures (AMIs), or home area networks. Smart Grid Compatible Utility grade meter and smart -grid interfaces enable demand response and Time -Of -Use (TOU) pricing. Coulomb Technologies Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA95008 -6901 USA US toll free: +1- 877 - 370 -3802 www.coutombtech.com www. myc hargepoi nt. net Listed by Underwriters Laboratories Inc. C & us LISTED 310 0 by Coulomb Technologies CT2100 FAMILY L - 12.73 in - .. . 323.4 mm 9 303.2 mm - 8.71 in 221.2 mm mm .:: � 8.71 in 18 in 458.6 mm III`■ � +I LL II_IIIII - 11 in - WALL MOUNT (CT2103) 299.5 mm 12.39 in 314.8 - mm R 221.2m � 8.71 in 0 18.06 in 458.6 mm ,. in 63.3 mm Listed by Underwriters Laboratories Inc. C & US LISTED 311 0 by Coulomb Technologies CT2100 FAMILY Electrical Input Leven Level II Input Voltage 120 VAC Input', Current 16 A Input Power Connections Line, Neutral, Earth Functional Interfaces 208/240 VAC 30 A' Line 1, Line 2, Earth Card Reader ISO 15693,14443 Ground Fault Detection 5 mA CCID with auto retry (15 minute delay, 3 tries) 20 mA CCID with auto retry (15 minute delay, 3 tries) Plug -Out Detection Programmable arm and trip current thresholds Power terminated per SAE J1772 specification' Power Measurement 2% @ 5 minute intervals; IEC Class 1 capable (special order) Local Area Network 2.4 GHz'802.15.4 dynamic mesh network Wide Area Network Commercial CDMA or GPRS cellular data network Safety and Operational Ratings Coulomb Technologies, Inc. reserves the right to alter product offerings and specifications at anytime without notice, and is not responsible for typographical or graphical errors that may appear in this document. Listed by Underwriters Laboratories Inc. C & us LISTED 312 Standby Power 5 W typical Electrical Output . . ..... .... .... .... .. by Coulomb Technologies BOLLARD (CT21 0 1) POLE MOUNT (CT2102) Ordering Information Order Code Examples Specify model number followed by the applicable code(s). The order If ordering this code sequence is: Silver Pole Mount CT2102 Mocha Bollard with CDMA Gateway CT2101-M-CDMA Mocha Wall Mount with GPRS Gateway, Contactless Credit Card CT2103-M-GPRS-CCR-EW5GW Reader and 5 year extended parts warranty For pricing and additional product information, contact the distributor in your area. For a complete list of distributors, go to www.coutombtech.com and click Purchase. Coulomb 76chnologies, Inc, - 1692 Dell Ave, - Campbell, CA 95008-6901 USA 408,841.4500 - 877,370.3802 - iiifo@coutombtech.com www.coutornbtech,com - www.mychargepoint.net Listed by Underwriters Laboratories Inc. C & us LISTED Copyright © 2010 Coulomb Technologies, Inc. All rights reserved. CHARGEPOINT is a U.S. registered trademark/ service mark, and an EU registered logo mark of Coulomb Technologies, Inc. All other products or services mentioned are the trademarks, service marks, registered trademarks or registered seraq r3rksof their respective owners. Coulomb Technologies has several patent applications filed. Model - Color - Modem- Holster -Card Reader-Warranty CT21 00 FAMILY ChargeP #ant® a a do * Go 0000 by Coulomb Technologies l MOM OR Efectl* TMWPW6Gt= Ww" ChargePoint Network Standard Service ACTIVATE CHARGING STATION SERVICES WITH THE CHARGEPOINT NETWORK Coulomb Technologies ChargePoint® Network is the most advanced, easy to use electric vehicle charging infrastructure for municipalities, corporations and utilities. Electric Vehicle (EV) charging is delivered via ChargePoint® Networked Charging Stations which cover the entire range of Level I, Level II, and Level III electric vehicle charging needs. Charging stations connected to the ChargePoint Network provide additional services that provide more value for charging station owners. The ChargePoint Network Standard Service combines Coulomb Technologies' software applications and network operation services so that station owners can quickly and easily connect their charging stations to the ChargePoint Network to maximize the full benefits of their charging system. Coulomb Technologies ChargePoint Network Nast Stop Level III Coulomb Technologies, Inc. - 1692 Dell Ave. - Campbell, CA 95008 - www.coutombtech.com 314 Postal Fleet Wodcplsce Level II Level II Provide driver assistance The ChargePoint Network takes 'waa�lleal►wlls, care of drivers so you don't have to. Drivers can locate charging stations along their commute ■� eaw+weur.R T route via the ChargePoint Network Map and can call the IVL�W M %Gbm% toll free number displayed on each ChargePoint Charging Station to access Coulomb r Technologies' Driver Support Service. The service, available ��Ila��al4.a 24 hours /365 days per year, provides driver assistance from courteous and knowledgeable �Ilo�reo>rwa �41r11 customer support representatives. Coulomb Technologies, Inc. - 1692 Dell Ave. - Campbell, CA 95008 - www.coutombtech.com 314 Postal Fleet Wodcplsce Level II Level II ChargeP #ant® , .do* Go 0000 by Coulomb Technologies I*uli11e OR Ifi TMWPW6Gt= &WW" Drivers, using the ChargePassTm Card, can elect to receive Email or text notifications from the ChargePoint Charging station their EV is connected to, alerting them if their vehicle is completely charged or if their charging session is interrupted for any reason such as a GFCI fault or disconnected cable. Generate revenue Choose to offer your EV charging services for free or for a fee. Use the ChargePoint Network Flex Billing Manager to configure your charging station's pay - per -use features to establish parking services at rates that can vary by day, time of day and individual customer. The ChargePoint Flex Billing Service ensures that fees are automatically collected from the driver and transferred directly to your business accounts. Cher #Ana �>ry Welcome Coulomb Host Log0L Define Pricing Specifications Profile Name Puhlic Pricing Coring: Type Days Duration Port Price Priority Per Hour Weekdays Start: 08 00 0] End: 16 0 00 2 0 $ 2.00 Highest Add more Per Hour Every day Start: 00 00 0] End: 23 59 0 [ 2* $ DENY 2 Add more Fleet Pricing Per Hour I Everyday 100:00- 23.59 1 Free I Highest Provide high reliability Ensure your charging station network is reliable. ChargePoint Network Operation Services provide secure, robust network communications and management. The ChargePoint Network Operations system archiving allows quick replacement and provisioning of charging station hardware at anytime. 2 Coulomb Technologies, Inc. - 1692 Dell Ave. - Campbell, CA 95008 - www.coutombtech.com 315 ChargeP #ant by Coulomb Technologies Advertise i FwfiV Of rrlcrl* nWW Advertise your brand and build driver loyalty using the ChargePoint Charging station scrolling banner display. Configure the station display with the ChargePoint Network Station Manager to greet drivers or to announce special incentives in any language. ChargePoint Charging stations appear on the ChargePoint Network map allowing drivers to locate your charging stations for their use. a5'Gma Ord warea+9.:;rps�usaamrts'. ww �Q�I� FRf5M1 "Q.h'GbQ6f{i16N6�hf,GOtJ�QMfI YECHIEOk�j1E. C'OU to Y6cHrLaNe ctM cY'xaaa ebr4.. �Ux3e�A9 8dati a%nalibzsbasc ArcaBe: kWW1 ' iNOb dbErvioe Can;p'be ,GA.ssoagg adt WA Eliminate energy theft and enhance safety The ChargePoint Network provides drivers multiple access options to Ch Charging stations including major credit cards and ChargePass Card. Charging Station will only energize a charging session if it is in good working order, the user is safely isolated from electricity, and access is authorized from the ChargePoint Network. Optimize return on investment and measure green initiative success nitiative,success and optimize your return on investment with station usage data collected by the ChargePoint Network. The Station Manager provides access to usage, energy consumed, station availability and greenhouse gas (GHG) trends for each charging station. Data can be exported and combined with data from other systems to track costs, calculate savings and monitor efficiencies of the electric vehicle charging system. �xotl�^�sr�xw¢xic��n�s nn�+w �agv`eer �ad,ess MiWd�9?�RR 4�9 /ritTNrtiYF: Coulomb Technologies, Inc. - 1692 Dell Ave. - Campbell, CA 95008 - www.coutombtech.com 316 ChargeP #ant by Coulomb Technologies , •do 0 FMO Of Efectl* FrWWPWtat= f r FEATURE LIST Softwa ..- Network Operation Service •24/7 Network heath monitoring with included data communication fees. -System operation archiving and back -up. •OTA charging station software updates. -Software application updates. Driver Telephone Support -Toll free telephone number on station. Service •24/7 availability. -Courteous, knowledgeable customer support representatives that can operate and diagnose stations remotely. Station Manager Software -Access control: Configure Access Policies for one or more stations., Application -Advertisement control: Configure advertisements to scroll on the station's display. -Usage reports: View graphical or tabular usage reports, with,CSV export, for all stations or individual stations. Filter the report to include only the desired dates and stations. -inventory reports: View tabular inventory reports (serial number, model, warranty certificate), with CSV export. Filter the report to include only the desired dates and stations. -Real time station location and status: View station locations on map with their real - time occupancy status. Flex Billing Manager Software -User/ Group-Specific Pricing: Configure one price for everyone, or choose to exempt Application certain users (e.g., your fleet vehicles, your employees) from usage fees or provide discounts for certain users (e.g., loyalty discounts). -Time/ Day-Specific Pricing : Configure one price for all times and days, or choose to vary pricing as a function of Time of Day or Day of Week (weekday, weekend, Holiday). -Reports: Revenue. Flex Billing Service' •Fund transfer: Station users are automatically billed. Funds are transferred to station owner's account.' ABOUT COULOMB TECHNOLOGIES Coulomb Technologies provides the most advanced, easy to use electric vehicle charging infrastructure for municipalities, corporations and utilities the ChargePoint® Network. Electric Vehicle (EV) charging is delivered via ChargePoint® Networked Charging Stations which cover the entire range of Level I, Level II, and Level III electric vehicle charging needs. The ChargePoint Network provides station owners a centralized view of the charging stations anywhere there is Internet connectivity. Web -based ChargePoint Network Software Application Services make it easy to provision, manage and maintain ChargePoint Charging Stations for every business need. FIND OUT MORE For more information, please visit www.coutombtech.com and follow Coulomb on Twitter at twitter.com /coulombevi Copyright © 2010 Coulomb Technologies, Inc. All rights reserved. CHARGEPOINT is a U.S. registered trademark and service mark of Coulomb Technologies, Inc. All other products or services mentioned are the trademarks, service marks, registered trademarks or registered service marks of their respective owners. Coulomb Technologies has several patents filed. 1 Requires Master Services Subscription Agreement to activate Flex Billing Service Coulomb Technologies, Inc. - 1692 Dell Ave. - Campbell, CA 95008 - www.coutombtech.com 4 317 Coulomb Technologies 2/25/2011 Erin Cooke Enviromental Affairs Coordinator City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Erin: Congratulations! Your organization has been awarded one or more Coulomb Technologies, Inc. electric vehicle charging station(s) under the ChargePoint America TM Program. The Program has been funded in part under the terms of Grant number DE- EE0003391 from the United States Department of Energy as part of the American Reinvestment and Recovery Act. In order to receive delivery of the Charging Station(s), you must agree to all of the terms and conditions following. Furthermore, you need to: 1. Countersign at the end of this letter and provide a copy of it back to Coulomb or to the local Coulomb distributor. 2. Provide a $0 PO to Coulomb Technology for the charging station(s). Please make sure the part numbers on the order correspond to the part numbers on this letter and you provide a requested shipment date, ship to address with a contact name, phone number, and email address. 3. Sign and return the attached Master Services Support Agreement. 4. Please familiarize yourself with the Installation and Reporting Guide. Providing proper documentation of the charger installation to Coulomb is a requirement of the Grant. Our authorized installers are compliant with the reporting requirements and can complete the cost documentation reports on your behalf. 5. Return the documents within 30 days of the date of this award letter. Please note that delivery of the charging systems will be up to 6 -8 weeks of receipt of PO and associated signed documents. We appreciate your participation in this exciting program and look forward to creating an electric vehicle charging infrastructure in your area. Best regards, Michael Jones Western Region Director ChargePoint America Program Coulomb Technologies Coulomb Technologies, Inc. 1692 Dell Ave Campbell, CA 95008 -6901 318 Coulomb Technologies CHARGEPOINT AMERICA TM STATION AWARD AGREEMENT Charging Stations. Your organization ( "You ") has been awarded, and may be awarded from time to time, one or more Coulomb Technologies, Inc. ( "CTI ") electric vehicle charging stations under the ChargePoint America TM Program . The Program has been funded in part under the terms of Grant number DE- EE0003391 from the United States Department of Energy (the "DOE ") as part of the American Reinvestment and Recovery Act ( "ARRA "). The charging stations will be installed at the locations specified on Appendix A, as amended from time to time to reflect the award of additional Charging Stations under this Station Award Agreement. Product Name Product Description Product Code Qty Unit Price Total Price CT2101C- CHARGEPOINT CT2101C- 1 $0.00 $0.00 CDMA- AMERICA DOE CDMA- LOCK-CCR EVSE PACKAGE LOCK -CCR Commercial /Publ is Outdoor Dual Output Level2 / Level1 J1772 Et Nema 5- 20R EVSE,208 /240V 30A Max. Et 120VAC 16A Max Simultaneous operation, Gateway, Zigbee LAN, Locking holster, Bollard. ChargePoint America DOE Parts Warranty thru 12/31/2013. UL Listed. Grand $0.00 Total: Coulomb Technologies, Inc. 1692 Dell Ave Campbell, CA 95008 -6901 319 Coulomb Technologies 2. Shipment and Delivery. CTI will pay for the cost of standard delivery charges of the Charging Stations to the locations designated by You in writing to CTI. CTI shall choose the method by which Charging Stations are to be delivered. If You desire expedited delivery, You will be responsible for the payment of all delivery charges. 3. Installation. (a) Installation of the Charging Stations shall be at your sole cost and expense. Unless specifically agreed in writing, installation of the Charging Stations may only be performed by a CTI Authorized Installer. Should You wish to use your own installer, you shall request CTI's permission, in its reasonable discretion, to do so no more than fifteen (15) days prior to the scheduled installation date. You should be aware, certain requirements must be met by all contractors and subcontractors working to install electric vehicles station equipment (EVSE) as part of the Grant. The Davis Bacon and Related Acts (DBRA) requires all contractors and subcontractors performing work on federal construction contracts or federally assisted contracts to pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits for corresponding classes of laborers and mechanics employed on similar projects in the area. The prevailing wage rates and fringe benefits are determined by the Secretary of Labor. For the ChargePoint America program, construction includes all alterations, improvements and /or repair, including painting and decorating, performed on a site in performance of the installation of EVSE. In the event You use your own installer, such installer shall become subject to certain audit and other rights granted to the United States government and to CTI. Also, should you be authorized to use your own contractor to install the charging stations, the contractor will be required to submit to CTI or the applicable CTI Distributor within 5 days of the installation, the applicable DBRA related paperwork including (i) a certified payroll or a properly filled out US government form wh -347 and (ii) an invoice or receipt for the work done to install the charging station(s) including costs for panel rework, trenching, concrete pad placement, fixing the station, and electrical wiring. Furthermore, you shall indemnify and hold harmless CTI from all costs (including, without limitation, reasonable attorneys' fees), losses, charges, fees, fines and other expenses of any sort whatsoever, including, without limitation, the refusal of the DOE to provide reimbursement to CTI in respect of the Charging Stations awarded to you, incurred by CTI as a result of such installer's (i) failure to comply with any applicable law, including, without limitation, the Davis -Bacon Act or (ii) failure to provide CTI such documentation as is reasonably needed by it to comply with applicable DOE requirements. (b) You agree to cause the installation of the Charging Stations within forty five (45) days of their delivery to You. In the event that the Charging Stations have not been installed by the expiration of such forty five day period, CTI reserves the right to reclaim the Charging Stations. In the event that You are having trouble arranging for the installation of the Charging Stations by an Authorized Distributor Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008 -6901 320 Coulomb Technologies or an installer chosen by such Authorized Distributor, please contact CTI as soon as possible so that it can assist you in obtaining prompt installation of the Charging Stations. (c) The Charging Stations are not to be removed from their packaging by any person other than the Installer. 4. Warranty /Limitation of Liability. (a) Warranty. The Charging Station is covered by the terms of CTI's standard Warranty (the "Warranty ") for a period beginning on the date of installation and running until December 31, 2013. A copy of the Warranty is included with this agreement. All applicable warranties with respect to the Charging Station are set forth in the Warranty, and are hereby incorporated by reference into this Agreement. (b) Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 4 AND IN THE WARRANTY, CTI MAKES NO WARRANTY WITH RESPECT TO THE PERFORMANCE OF THE CHARGING STATION, THE CHARGEPOINTTM NETWORK STANDARD SERVICES OR THE CHARGEPOINTTM NETWORK, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. CTI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON - INFRINGEMENT OF THIRD PARTY RIGHTS BY THE CHARGING STATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CTI DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE CHARGING STATION. (c) Limitation of Liability. (i) REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CTI BE LIABLE FOR ANY LOST REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE CHARGING STATION, THE CHARGEPOINTTM NETWORK, ANY CHARGEPOINTTm NETWORK SERVICES, OR OTHERWISE OR BASED ON ANY EXPRESSED, IMPLIED OR CLAIMED WARRANTIES BY YOU NOT SPECIFICALLY SET FORTH IN THIS ADDENDUM. BECAUSE SOME STATES OR JURISDICITON DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. (ii) YOUR SOLE REMEDY FOR ANY BREACH BY CTI OF ITS OBLIGATIONS OR WARRANTIES UNDER THIS AGREEMENT SHALL BE LIMITED TO, AT CTI'S OPTION, REPAIR OR REPLACEMENT OF THE CHARGING STATION. (d) Warranty Exclusions. Exclusive Remedies. THE REMEDIES CONTAINED IN SECTION 4 ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND ARE IN LIEU OF ANY OTHER RIGHTS OR REMEDIES YOU MAY HAVE AGAINST CTI WITH RESPECT TO THE PERFORMANCE OF THE CHARGING STATIONS, THE CHARGEPOINTTM NETWORK STANDARD SERVICES OR THE CHARGEPOINTTm NETWORK. Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008 -6901 321 Coulomb Technologies 5. Access to the Public. All of the Charging Stations will be installed in a manner and in locations that make them available for access and use by the general public. The Charging Stations, and the facilities in which they are located, shall be kept clean and in good repair. You shall promptly call CTI or an Authorized Distributor in order to arrange for the repair of any non - functioning Charging Stations. 6. Network Access. As a part of the award, You will receive a free subscription for ChargePointTm Network Standard Service, as defined in the ChargePointTM Master Services Subscription Agreement (the "Master Services Agreement "), that will expire December 31, 2013 (the "Subscription Period "). You must execute a copy of the Master Services Agreement as a part of your obligations under this ChargePoint America TM Station Award Agreement and must keep the Charging Stations connected to the ChargePoint TM Network throughout the entire Subscription Period. CTI offers various other services, such as billing services, which may be accessed through the ChargePoint Network TM. All of such services are subject to CTI's standard terms and conditions. 7. Access to Information. In consideration of your receipt of the Charging Stations and free subscription to ChargePointTm Network Standard Service, you agree to provide and release to CTI, the DOE, such other participants and partners of CTI in the Program as CTI shall determine necessary, all data and information relating to You, Your electric vehicles, if any, and their use, the use by others of Your Charging Stations and Your use of the Charging Stations and any public Charging Stations and infrastructure (the "Data "). You acknowledge and agree that the Data may be used by any of the above - described persons for any purpose, including analyzing Your use and charging patterns, the public's use of Your Charging Stations, the effectiveness of infrastructure put in place to meet the needs of drivers of electric vehicles, and the efficacy of the Program. Your performance of this Agreement and willingness to supply and release Data to the persons described in the immediately preceding paragraph is a material condition to CTI's willingness to enter into this Agreement with You and provide the Charging Stations hereunder. You understand, acknowledge and agree that CTI will need Your reasonable cooperation and assistance, and You agree to provide your reasonable cooperation and assistance to CTI, so that CTI can successfully conduct its testing and collect Data from You, the Charging Stations, and public electric vehicle infrastructure utilized by You and others. Except as set forth in this Section 7, the use of the Charging Stations will be subject to CTI's standard privacy policy (the "Privacy Policy "). The Privacy Policy is located on CTI's web site and may be accessed at: https: / /www.char a ointportal.net /index. hp /general /uri /privacy.html Notwithstanding anything to the contrary contained in this Section 7, or in the Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008 -6901 322 Coulomb Technologies Privacy Policy, CTI reserves the right, on behalf of the DOE, to collect certain anonymous information regarding the use and operation of the Charging Stations. 8. Certain Rights of the United States Government. Notwithstanding the fact that You are being awarded the Charging Stations under the Program, the United States Government reserves the right to seize the Charging Stations under certain, limited circumstances, including, without limitation, national emergency. 9. No Right to Remove, Move or Sell the Charging Stations. The Charging Stations may not be removed, moved or sold from their place of installation, prior to January 1, 2014, without the prior written consent of CTI. 10. Failure to Comply with Terms of the Program. In the event that You fail to comply with the terms of the program, including, but not limited to (i) the use of an CTI authorized installer (ii) providing documentation of the installation costs (iii) allowing public access to the station(s), You are liable for losses and /or damages incurred by CTI. If You fail to comply with the program or make restitution within 30 days of receiving a demand notice from CTI, CTI reserves the right to repossess the charging station(s) You received under the grant. 11.Additional Charging Stations. In the event that You have purchased Charging Stations that are to become a part of the Program, CTI's standard terms and conditions shall apply. 12. No Amendment or Modification. No modification, amendment or waiver of this Agreement shall be effective unless in writing and either signed or electronically accepted by the party against whom the amendment, modification or waiver is to be asserted. 13.Waiver. CTI's failure at any time to require your performance of any obligation under this Agreement will in no way affect the full right to require such performance at any time thereafter. CTI's waiver of a breach of any provision of this Agreement will not constitute a waiver of the provision itself. CTI's failure to exercise any of its rights provided in this Agreement will not constitute a waiver of such rights. No waiver will be effective unless in writing and signed by a CTI authorized representative. Any such waiver will be effective only with respect to the specific instance and for the specific purpose given. 14.Applicable law. This Agreement will be construed, and performance will be determined, according to the laws of the State of California without reference to such state's principles of conflicts of law and the state and federal courts of Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008 -6901 323 Coulomb Technologies California shall have exclusive jurisdiction over any claim arising under this Agreement. 15. Waiver of Jury Trial. You and CTI each hereby waive any right to jury trial in connection with any action or litigation arising out of this Agreement. 16. Severability. Except as otherwise specifically provided herein, if any term or condition of this Agreement or the application thereof to either You or CTI will to any extent be determined by any judicial, governmental or similar authority, to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to this Agreement, You and CTI or circumstances other than those as to which it is determined to be invalid or unenforceable, will not be affected thereby. 17.Assignment. You may not assign any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of CTI. 18. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute but one and the same document. COULOMB TECHNOLOGIES, INC. IN (Signature) Name: Title: Coulomb Technologies, Inc. 1692 Dell Ave AWARDEE: By: (Signature) Name: Title: Campbell, CA 95008 -6901 324 Coulomb Technologies am 0 APPENDIX A — CHARGING STATION LOCATIONS Station #1 — City Hall Parking Lot, 10300 Torre Avenue, Cupertino, CA 95014 Coulomb Technologies, Inc. 1692 Dell Ave Campbell, CA 95008 -6901 325 Coulomb Technologies CHARGEPOINT AMERICA INSTALLATION REPORTING AND COMPLIANCE GUIDE OVERVIEW ChargePoint America is a Federal Grant provided by the Department of Energy (DOE) funded through the American Recovery and Reinvestment Act (ARRA). As such, certain requirements must be met by all contractors and subcontractors working to install electric vehicles station equipment (EVSE) as part of the Grant. The Davis Bacon and Related Acts (DBRA) requires all contractors and subcontractors performing work on federal or District of Columbia construction contracts or federally assisted contracts to pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits for corresponding classes of laborers and mechanics employed on similar projects in the area. The prevailing wage rates and fringe benefits are determined by the Secretary of Labor. For the ChargePoint America program, construction includes all alterations, improvements and /or repair, including painting and decorating, performed on a site in performance of the installation of EVSE. In addition to the Davis Bacon Act itself, Congress added Davis -Bacon prevailing wage provisions to approximately 60 laws— "Related Acts" —under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance. Generally, the application of prevailing wage requirements to projects receiving federal assistance under any particular "related" Act depends on the provisions of that law. Some examples of related acts: The Contract Work Hours and Safety Standards Act (CWHSSA) requires payment at time and one -half of the basic hourly rate of pay for overtime (OT) hours (over 40 hours in any seven day work week) worked on covered project(s). The Copeland (Anti- Kickback) Act makes it a crime for anyone to require any laborer or mechanic employed on a federally funded project to pay back any part of his or her wages. In addition, the Act prohibits any deductions from pay other than those specifically listed as permissible. The Copeland Act also requires that contractors and subcontractors at all tiers submit weekly certified payrolls. The Fair Labor Standards Act (FLSA) requires payment of the federal minimum wage rates and overtime premium. FLSA applies to most employers in the U.S. These requirements generally apply to any work performed and may be superseded by other federal standards such as DBA prevailing wage requirements and CWHSSA O/T provisions. The U.S. Department of Labor (DOL) has oversight responsibilities to assure coordination of administration and consistency of enforcement of the labor standards provisions of the Davis Bacon and Related Acts. Under this authority, DOL has issued regulations establishing standards and procedures for the administration and enforcement of the Davis -Bacon labor standards provisions. Federal contracting agencies have day -to -day responsibility for administration and enforcement of the Davis -Bacon labor standards provisions in covered contracts for which they are responsible or to which they provide federal assistance under laws they administer. Within DOL, the Wage and Hour Division (WHD) is responsible for administration and enforcement of the DBRA. Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008 -6901 326 Coulomb Technologies APPLICABLE LAWS AND REGULATIONS Below is a summary list of compliance regulations for ChargePoint America: Davis -Bacon Act (DBA) - Requires payment of prevailing wages to laborers and mechanics employed on federal and federally assisted construction projects. Reorganization Plan of 1950 29 CFR Part 1 - Regulations describing the procedures for predetermination of wage rates. 29 CFR Part 3 - Regulations regarding contractors and subcontractors on public building or public work financed in whole or in part by loans or grants from the United States. 29 CFR Part 5 - Regulations regarding labor standards provisions applicable to contracts covering federally financed and assisted construction. 29 CFR Part 6 - Regulations describing the Rules of Practice for administrative proceedings enforcing labor standards in federal and federally assisted construction contracts and federal service contracts. 29 CFR Part 7 - Regulations describing practice before the Administrative Review Board with regard to federal and federally assisted construction contracts. RECORDKEEPING Under the Davis -Bacon and Related Acts (DBRA), covered contractors must maintain payrolls and basic records and submit certified weekly payrolls. Although use of Form WH -347 is optional, the form will satisfy the requirements of Regulations, Parts 3 and 5 (29 CFR, Subtitle A), as to payrolls submitted in connection with contracts subject to the DBRA. Records to be maintained include: • Name, address, and social security number of each employee; • Each employee's work classification(s); • Hourly rate(s) of pay (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof); • Daily and weekly numbers of hours worked; • Deductions made; and • Actual wages paid. See 29 CFR 5.5(a)(3) for further information. Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008 -6901 327 Coulomb Technologies CONTRACTOR COMPLIANCE OVERVIEW The following briefly outline the construction steps required for contractors and sub - contractors to comply with DBRA and ChargePoint America program. Reporting for a job is site specific. YOU MUST TRACK AND REPORT SEPARATELY FOR EVERY INTALLATION LOCATION. PRE - CONSTRUCTION STEPS Information and Contract Review: The ChargePoint America Grant recipient, Contractor and /or Subcontractors should review and acknowledge any bids, wages paid, and other applicable laws for DBRA compliance. Execution of Contractor Installation Agreement: Subcontractor and Grant recipient will execute and submit to Coulomb or an authorized Coulomb agent a completed ChargePoint America installation agreement. This document is available from Coulomb or its authorized agents. 3. Wage Determination: The Contractor and /or Subcontractor shall download the applicable DOL Davis -Bacon Wage Determination for the work from the DOL website: http :/ /www.wdol.gov /dba.aspx #0 Once on the selection page, choose the state, county, and Construction Type. Construction Type choices are "All Construction Types" [PICK THIS FOR COMMERCIAL INSTALLATIONS], "Building ", "Heavy ", "Highway ", or "Residential" [PICK THIS FOR RESIDENTIAL INSTALLATIONS]. Note: if you have any questions about the category of worker, please contact your program manager or the Department of Wages and Labor for assistance. Click on "Search" Scroll to the bottom, and click on "Printer Friendly Version ". Then clicks on "File ", "Print ", and retain for your records. 4. Worksite Poster: The contractor shall maintain posted on site a copy of the Davis -Bacon and Related Acts poster (form WH -1321) containing a copy of the wage determination and the contact number of the Coulomb or DOE representative. You can write the Coulomb address and telephone number in this section as follows: Coulomb Technologies, Inc. 1692 Dell Ave Campbell, CA 95008 (408) 841 -4500 The poster is available at: http: / /www.dol.gov /whd /regs /compliance /posters /davis.htm Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008 -6901 328 Coulomb Technologies CONSTUCTION STAGE STEPS Weekly Payroll Reports: Covered Contractors have the option to use form WH -347 to report payroll. This can be submitted in lieu of Certified Payroll Reports (CPR), but does NOT exempt the contractor from retaining CPR records. This form has been made available for the convenience of contractors and subcontractors required to comply with the Recovery Act. This form will satisfy the requirements of Regulations, Parts 3 and 5 (29 CFR, Subtitle A), as to payrolls submitted in connection with contracts subject to the DBRA. These documents are to be filled out and submitted to Coulomb or its authorized agent for the duration of construction. Where a short duration installation exists (1 to 2 weeks) retain and submit the documents as a complete package. Optionally, covered contractors may submit weekly CPRs for contractors and /or subcontractors. Review the CPRs for payment of correct wage and fringe benefit amounts, copy for record and forward the originals to the Coulomb. All CPRs or WH -347's should be obtained and submitted to the Coulomb or its authorized agents on a timely basis. 2. On -Site Inspection: Coulomb or DOE may perform periodic on -site wage - compliance monitoring during the course of construction. The contractor must make their employees available for interview at the job site by Coulomb, or DOE representatives. The interviews are confidential, and the employee will be asked about the duties performed, hours worked and compensation paid. POST CONSTRUCTION STAGE STEPS 1. Complete ChargePoint America Installation Summary Report Grant Recipient and /or Contractor MUST submit within (5) days of work completion to Coulomb or authorized agent a copy of the Installation Summary Report (next page) outlining the costs incurred for each installation site with supporting documentation. Fill out the form completely, including: A) Name, Address and License Number of Contractor or Subcontractor. B) Location of the installation (address). C) Itemized breakdown of labor and materials, including permit costs. 2. Copies of receipt(s) or Invoice(s): Attach copies of all receipts, invoices, certified payroll or WH -347 form supporting claims made on the Installation Summary Report 3. Submit Form and Documentation to Coulomb or Distributor Mail, Fax or Email completed installation cost documentation to Coulomb or Authorized Partner. Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008 -6901 329 Coulomb Technologies CHARGEPOINT AMERICA INSTALLATION SUMMARY REPORT Instructions: For each jobsite where EVSE work has been completed, fill out this form completely and sign at the bottom (Grant recipient or Coulomb authorized partner /installer). The documents must be submitted within five (5) days of work completion. Attach copies of all documents supporting the expenditures. Mail, Fax or Email documents to: Coulomb Technologies Attn: ChargePoint America Program, 1692 Dell Ave, Campbell, CA 95008. Fax: (408) 370 -3847 Email: info @chargepointamerica.com NAME OF GRANT RECIPIENT: PROJECT NAME AND LOCATION: NAME OF CONTRACTOR: ADDRESS: PHONE: EMAIL: SECTION B: INSTALLATION EXPENSES MATERIAL EXPENSES TOTAL $ LABOR EXPENSES TOTAL $ PERMIT EXPENSES TOTAL $ TOTAL INSTALLATION EXPENSES $ CONTRACTOR LICENSE #: I, the undersigned below, do hereby state: 1) That the above information is accurate 2) That during the payroll period commencing on this project, all persons employed on said project have been paid the full weekly wages earned in compliance with Davis Bacon and Related Acts (DBRA) 3) The attached documentation is accurate. NAME (PRINT): TITLE: SIGNATURE: DATE: The willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution. See Section 1001 of Title 18 and Section 231 or title 31 of the United Stations Code. Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008 -6901 330 Coulomb Technologies INSTRUCTIONS TO COMPLETE FORM WH -347 The use of the WH -347 payroll form is not mandatory. This form has been made available for the convenience of contractors and subcontractors required to comply with the Recovery Act. Properly filled out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 CFR, Subtitle A), as to payrolls submitted in connection with contracts subject to the DBRA. Optionally, actual payroll records may be submitted. A correctly filled out sample form can be found here: http: / /www.wheda.com/ root /uploadedFiles /Website /Wheda Products /Regulations /Sample %20WH 34 7. df This form meets needs resulting from the amendment of Davis -Bacon Act to include fringe benefits provisions. Under this amended law, the contractor is required to pay not less than fringe benefits as predetermined by the Department of Labor, in addition to payment of not less than the predetermined rates. The contractor's obligation to pay fringe benefits may be met either by payment of the fringes to the various plans, funds or programs or by making these payments to the employees as cash in lieu of fringes. This payroll provides for the contractor's showing on the face of the payroll all monies to the employees, whether as basic rates or as cash in lieu of fringes and provides for the contractor's representation in the statement of compliance on the rear of the payroll that he is paying to other fringes required by the contract and not paid as cash in lieu of fringes. Detailed instructions concerning the preparation of the payroll follow: Contractor or Subcontractor: Fill in your firm's name and check appropriate box. Address: Fill in your firm's address. Column 1 - Name, Address, and Social Security number of Employee: The employee's full name must be shown on each weekly payroll submitted. The employee's address must also be shown on the payroll covering the first week in which the employee works on the project. The address need not be shown on subsequent weekly payrolls unless his address changes. Although not required by Regulations, Parts 3 and 5, space is available in the name and address section so that Social Security numbers may be listed. Column 2 - Withholding Exemptions: This column is merely inserted for the employer's convenience and is not a requirement of Regulations, Part 3 and 5. Column 3 - Work Classifications: List classification descriptive of work actually performed by employees. Consult classification and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary, see Contracting Officer or Agency representative. Employee may be shown as having worked in more than one classification provided accurate breakdown or hours so worked is maintained and shown on submitted payroll by use of separate entries. Column 4 - Hours worked: On all contracts subject to the Contract Work Hours Standard Act enter as overtime hours worked in excess of 8 hours per day and 40 hours a week. Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008 -6901 331 Coulomb Technologies Column 5 - Total: Self- explanatory Column 6 - Rate of Pay, including Fringe Benefits: In straight time box, list actual hourly rate paid the employee for straight time worked plus in cash in lieu of fringes paid the employee. When recording the straight time hourly rate, any cash paid in lieu of fringes may be shown separately from the basic rate, thus $3.25/.40. This is of assistance in correctly computing overtime. See "Fringe Benefits" below. In overtime box shown overtime hourly rate paid, plus any cash in lieu of fringes paid the employee. Payment of not less than time and one -half the basic or regular rate paid is required for overtime under the Contract Work Hours Standard Act of 1962. In addition to paying no less than the predetermined rate for the classification which the employee works, the contractor shall pay to approved plans, funds or programs or shall pay as cash in lieu of fringes amounts predetermined as fringe benefits in the wage determination made part of the contract. FRINGE BENEFITS - Contractors who pay all required fringe benefits: A contractor who pays fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage determination of the Secretary of labor shall continue to show on the face of the payroll the basic cash hourly rate and overtime rate paid to his employees just as he has always done. Such a contractor shall check paragraph 4(a) of the statement on the reverse of the payroll to indicate that he is also paying to approved plans, funds or programs not less than the amount predetermined as fringe benefits for each craft. Any exceptions shall be noted in section 4(c). Contractors who pay no fringe benefits: A contractor who pays no fringe benefits shall pay to the employee, and insert in the straight time hourly rate column of the payroll, an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applicable wage determination. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringes, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus the required cash in lieu of fringes at the straight time rate. In addition, the contractor shall check paragraph 4(b) of the statement on the reverse of the payroll to indicate that he is paying fringe benefits in cash directly to his employees. Any exceptions shall be noted in Section 4(c). Use of Section 4(c), Exceptions: Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the employees as cash in lieu of fringes. Any exceptions to Section 4(a) or 4(b), whichever the contractor may check, shall be entered in section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid the employee as cash in lieu of fringes and the hourly amount paid to plans, funds, or programs as fringes. The contractor shall pay, and shall show that he is paying to each such employee for all hours (unless otherwise provided by applicable determination) worked on Federal or Federally assisted project an amount not less than the predetermined rate plus cash in lieu of fringes as shown in Section 4(c). The rate paid and amount of cash paid in lieu of fringe benefits per hour should be entered in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime rate. Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of the employees' weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus $63.00/$120.00. Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008 -6901 332 Coulomb Technologies Column 8 - Deductions: Five columns are provided for showing deductions made. If more than five deduction should be involved, use first 4 columns; show the balance deductions under "Other" column; show actual total under "Total Deductions" column: and in the attachment to the payroll describe the deduction contained in the "Other" column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 CFR, Part 3. If the employee worked on other jobs in addition to this project, show actual deductions from his weekly gross wage, but indicate that deductions are based on his gross wages. Column 9 - Net Wages Paid for Week: Self- explanatory Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires. Statement Required by Regulations, Parts 3 and 5: While this form need not be notarized, the statement on the back of the payroll is subject to the penalties provided by 18 USV 1001, namely, possible imprisonment of 5 years or $10,000.00 fine or both. Accordingly, the party signing this statement should have knowledge of the facts represented as true. Space has been provided between item (1) and (2) of the statement for describing any deductions made. If all deductions made are adequately described in the "Deductions" column above, state "See Deductions column in this payroll." See paragraph entitled "FRINGE BENEFITS" above for instructions concerning filling out paragraph 4 of the statement. ADDITIONAL CONTRACTOR REQUIREMENTS Contractors and subcontractors performing EVSE installation work for the ChargePoint America must have 1) authorization to perform work by Coulomb or its authorized partners. 2) Ability to pay labor through a certified payroll system on a weekly basis. 3) Minimum insurance coverage as outlined below. If you are interested in learning more about becoming a Coulomb authorized contractor. Contact your local distributor or Coulomb for details. CONTRACTOR INSURANCE REQUIREMENTS General Liability $ 2,000,000 Automobile Liability $ 1,000,000 Workers Compensation $ 500,000 Min. combined Single Limit and Annual Aggregate $ 1,000,000 STATEMENT OF FEDERAL STEWARDSHIP The Department of Energy (the "DOE ") will exercise normal Federal stewardship activities in connection with overseeing the project activities performed under the Grant. Under the DOE's stewardship, the DOE, as well as certain authorized representatives, including Coulomb Technologies, Inc. ( "Coulomb "), as the Prime Contractor /Prime Recipient, is authorized to engage in certain activities including, without limitation: (1) conducting site visits; (2) reviewing performance reports; (3) auditing financial reports; and (4) providing technical assistance and /or temporary intervention in unusual circumstances to correct deficiencies. Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008 -6901 333 Coulomb Technologies NON - COMPLIANCE Failure to comply with Recovery Act requirements can result in debarment, revocation of funds, repayment of funds, or other actions from the Federal Government. If you are uncertain about reporting requirements or other activities, you should ask your Coulomb Project Manager or the DOE for clarification. DEPARTMENT OF LABOR CONTACTS Wage and Hour Division 200 Constitution Avenue, NW Room 5 -3502 Washington, DC 20210 Contact WHD Tel: 1- 866- 4USWAGE (1- 866 - 487 -9243) For questions on other DOL laws: Call DOL's Toll -Free Help Line at 1- 866 -4- USA -DOL (1- 866 - 487 - 2365). Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service. Tel: 1- 866 -4- USA -DOL (1- 866 - 487 -2365) Coulomb Technologies, Inc. 1692 Dell Ave. Campbell, CA 95008 -6901 334 imp. ��. - ����� %Q �� CHARGEPOINT® MASTER SERVICES SUBSCRIPTION AGREEMENT IMPORTANT: PLEASE READ THIS MASTER SERVICES SUBSCRIPTION AGREEMENT ( " AGREEMENT ") CAREFULLY. THIS AGREEMENT GOVERNS REGISTRATION OF YOUR CHARGING STATION ON THE CHARGEPOINT NETWORK AND ACTIVATION OF CHARGEPOINT NETWORK SERVICES. SUBSCRIBING FOR A CHARGEPOINT NETWORK SERVICE CONSTITUTES ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND IS BINDING ON YOU AND THE BUSINESS ENTITY YOU REPRESENT (COLLECTIVELY, "SUBSCRIBER" OR "YOU "). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND SUCH COMPANY OR OTHER LEGAL ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS; IF NOT, YOU MAY NOT ENTER INTO THIS AGREEMENT AND MAY NOT USE THE CHARGEPOINT SERVICES. YOU MAY NOT ACCESS THE CHARGEPOINT SERVICES IF YOU ARE A DIRECT COMPETITOR OF CTI EXCEPT WITH CTI'S PRIOR WRITTEN CONSENT. IN ADDITION, YOU MAY NOT ACCESS THE CHARGEPOINT SERVICES FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSE. 1. DEFINITIONS The following terms shall have the definitions set forth below when used in this Agreement: 1.1 "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control ", for purposes of this definition, means direct or indirect ownership or control of fifty percent (50 %) or more of the voting interests of the subject entity. 1.2 "ChargePass' RFID Card" means a CTI provisioned radio - frequency identification card issued to a ChargePass Account Holder which permits a User of such card access to the ChargePoint Network for the delivery of Subscriber - provided services and the ChargePass Account Holder to use the ChargePoint Network to manage their ChargePass Account. 1.3 "ChargePass Account" means an account registered with CTI that permits a User to prepay for access to Networked Charging Stations utilizing a ChargePassRFID Card. 1.4 "ChargePass Account Holder" means a User who has registered with the Network Operator and created a ChargePass Account. 1.5 "ChargePoint Network" means the Network Operator provisioned software, firmware, hardware (excluding Charging Stations owned and registered by Subscribers) and services for Subscribers and Users that, among other things, provision, manage, and allow access to Networked Charging Stations by ChargePass Account Holders via the RFID Card and by other Users via the utilization of contactless RFID embedded credit cards, or authorized credit or electronic debit card transactions and permit Subscribers to register, activate, monitor and operate Charging Stations . 1.6 "ChargePoint Network Standard Service" means the bundled group of ChargePoint Services that assist in the basic operation of the Networked Charging Stations. The ChargePoint Network Standard Service is required to be subscribed to by Subscriber in order to register and activate a Charging Station on the ChargePoint Network. 1.7 "ChargePoint Services" means the ChargePoint Network support services and ChargePoint software applications, as such may be introduced and made available to Subscribers by the 336 Network Operator from time to time, which provide network support and functionalities for Users and Subscribers and allow Subscribers, among other things, to monitor and control Networked Charging Stations. ChargePoint Services, including, but not limited to, the ChargePoint Network Standard Service, are made available for subscription by Subscribers pursuant to Purchase Orders entered into between Subscriber and CTI. 1.8 "Charging Session" has the same definition as "Session" set forth below. 1.9 "Charging Station" means the electric vehicle charging station(s) installed by Subscriber at the Subscriber Location(s), either manufactured by CTI or by another entity, which have embedded within them CTI proprietary hardware and firmware, enabling Subscriber to register and activate such charging stations on the ChargePoint Network. A charging station may be designated by a Subscriber as a Commercial Charging Station or a Free Charging Station, a Public Charging Station or a Private Charging Station and such designations may be changed at any time with respect to any Networked Charging Station(s) utilizing the ChargePoint Network Standard Service. 1.10 "Commercial Charging Station" means a Charging Station that is designated by the Subscriber as one where Users must pay a Session Fee for access to the Charging Station. 1.11 "CTI" means Coulomb Technologies, Inc., a Delaware corporation. 1.12 "CTI Marks" means the various trademarks, service marks, names and designations used in connection with the CTI manufactured Charging Stations and /or the ChargePoint Network, including, without limitation, ChargePoint and ChargePass. 1.13 "CTI Intellectual Property" means all intellectual property of CTI relating to the CTI Marks, the ChargePoint Network, the ChargePoint Services, ChargePass, ChargePass RFID Cards, ChargePass Accounts and all other Intellectual Property Rights of CTI. 1.14 "Documentation" means written information (whether contained in user or technical manuals, product materials, specifications or otherwise) pertaining to ChargePoint Services and /or the ChargePoint Network and made available by the Network Operator to Subscribers and /or Users in any manner (including on- line). 1.15 "Free Charging Station" means a Charging Station that is designated by the Subscriber as one where Users do not pay a Session Fee for access to the Charging Station. 1.16 "Intellectual Property Rights" means all intellectual property rights, including, without limitation, patents, patent applications, patent rights, trademarks, trademark applications, trade names, service marks, service mark applications, copyrights, copyright applications, franchises, licenses, inventories, know -how, trade secrets, Subscriber lists, proprietary processes and formulae, all source and object code, algorithms, architecture, structure, display screens, layouts, inventions, development tools and all documentation and media constituting, describing or relating to the above, including, without limitation, manuals, memoranda and records. 1.17 "Malicious Code" means viruses, worms, time bombs, Trojan horses and other malicious code, malware, spyware, files, scripts, agents or programs. 1.18 "Net Session Fees" means all Session Fees actually collected on behalf of the Subscriber from Users by Network Operator for use of Networked Charging Stations less Session Authorization Fees and Session Processing Fees, as well as any Taxes and Regulatory Charges, if any, required by law to be collected by CTI from Users in connection with the use of Networked Charging Stations. Except as required by law, Subscriber shall be responsible for the payment of all Taxes and Regulatory Charges incurred in connection with the Networked Charging Stations. Page 2 of 17 337 1.19 "Networked Charging Station" means a Charging Station for which a Subscriber has subscribed for the ChargePoint Network Standard Service and registered and activated such Charging Station on the ChargePoint Network. 1.20 "Network Operator" means the entity responsible for provisioning, managing and maintaining the ChargePoint Network and offering ChargePoint Services. CTI is the Network Operator in North America but is permitted at any time to assign its rights and obligations as Network Operator under this Agreement to another entity. 1.21 "Network Web Portar' means any of the secure Internet web portals established and maintained by the Network Operator which will allow (i) Subscriber through its Subscriber Accounts to access ChargePoint Services for the management and control of Subscriber's Networked Charging Stations and (ii) ChargePass Account Holders through their respective ChargePass Accounts to track their use of Networked Charging Stations, replenish ChargePass RFID Cards and otherwise manage their ChargePass Account. 1.22 "Party" means the Network Operator and Subscriber. 1.23 "Private Charging Station" means a Charging Station for which access by the general public is restricted (e.g., a Charging Station located in a private parking facility or restricted corporate campus). 1.24 "Public Charging Station" means a Charging Station that is accessible by any User subject only to stated hours of operation. 1.25 "Purchase Order" means the purchase order(s) or other documentation entered into between Subscriber and the Network Operator, its distributors or other authorized representatives for the subscription of ChargePoint Services the terms of which are incorporated herein by reference. 1.26 "Purchased ChargePoint Services" means those ChargePoint Services made available by the Network Operator and for which a Subscription has been purchased by Subscriber with respect to any of Subscriber's Networked Charging Stations or for which the Subscription Term has automatically been renewed pursuant to Section 8.3 (Automatic Renewal of Subscriptions). 1.27 "Regulatory Charges" is defined in Section 4.6 (Taxes and Regulatory Charges). 1.28 "Session" or "Charging Session" means a continuous period of time measuring not less than five (5) minutes commencing when a User has accessed a Networked Charging Station and the delivery of Subscriber provided services has been initiated and terminating upon the cessation by such User of the Subscriber provided services. 1.29 "Session Authorization Fees" means the fees payable by the Subscriber to the Network Operator to pre- authorize a Charging Session at a Commercial Networked Charging Station. 1.30 "Session Fees" means the fees set by the Subscriber for a Charging Session, including any applicable Taxes and /or Regulatory Charges. 1.31 "Session Processing Fees" means the fees charged by the Network Operator for the management, collection and processing of Session Fees on behalf of Subscriber and the remittance of Net Session Fees to Subscribers. 1.32 "Session Transaction Fees" means the complete set of fees, session authorization fees and session processing fees, charged by the Network Operator to the Subscriber for collection of User Session Fees on behalf of the Subscriber, as well as any applicable Taxes and Regulatory Charges. Page 3 of 17 338 1.33 "Software Application" means computer programs, including firmware, as provided or otherwise made available to Subscriber by the Network Operator, or its distributors or other authorized representatives, as embedded in or downloaded by Subscriber to the Subscriber's Charging Stations, related products and any Upgrades. 1.34 "Subscriber" is an owner of one or more Charging Stations for which Subscriber has purchased Subscriptions for ChargePoint Services and registered with and activated on the ChargePoint Network. 1.35 "Subscriber Account" means an account established by a Subscriber. 1.36 "Subscriber Location(s)" means the physical locations where Subscriber has installed Networked Charging Stations registered with the ChargePoint Network. 1.37 "Subscription" means a subscription for ChargePoint Services purchased by a Subscriber. 1.38 "Subscription Fees" means the fees payable by Subscriber to the Network Operator for subscribing to any of the ChargePoint Services. 1.39 "Subscription Term" means the Term for which Subscriber has purchased a Subscription for Purchased ChargePoint Services for a Networked Charging Station. 1.40 "Taxes" is defined in Section 4.6 (Taxes and Regulatory Charges). 1.41 "Upgrades" means any authorized upgrades, updates, bug fixes or modified versions of Software Applications furnished by the Network Operator. 1.42 "Users" means any person using Networked Charging Stations including, without limitation, ChargePass Account Holders. 1.43 "You" or "Your" means the company or other legal entity for which you are accepting this Agreement and the Affiliates of that company or entity. 2. CTI'S RESPONSIBILITIES AND AGREEMENTS 2.1 NETWORK OPERATION. The Network Operator shall be solely responsible for: (i) Provisioning and Operating the ChargePoint Network — provisioning and operating, maintaining, administration and support of the ChargePoint Network infrastructure (but excluding Subscribers' Charging Stations and infrastructure for transmitting data from Networked Charging Stations to any ChargePoint Network operations center); (ii) Provisioning and Operating Network Web Portals — provisioning and operating, maintaining, administration and support of the Network Web Portals; (iii) User Acquisition, Administration and Support -- acquisition and registration of new ChargePass Account Holders, administration and support of ChargePass Accounts and provisioning the support services for Users embodied in the ChargePoint Services, and (iv) Data Protection — using commercially reasonable efforts to comply with all applicable laws and regulations of the United States of America and all other governmental entities governing, restricting or otherwise pertaining to the use, distribution, export or import of data, products, services and /or technical data whether such information or data relates to either the Subscriber or Users in connection with the ChargePoint Network. 2.2 PURCHASED CHARGEPOINT SERVICES. The Network Operator shall make the Purchased ChargePoint Services available to Subscriber pursuant to this Agreement and the applicable Purchase Orders for each Networked Charging Station during the Subscription Term. The Network Operator represents and warrants that: (i) Authority -- it has the power and authority to enter into and be bound by this Agreement, (ii) Performance of ChargePoint Services -- the ChargePoint Services shall perform materially in accordance with the Documentation, (iii) Support for Purchased ChargePoint Page 4 of 17 339 Services — it will provide all support for Purchased ChargePoint Services and technical support and maintenance for all Software Applications as set forth in the Documentation, including, without limitation, Upgrades, (iv) Continuity of Purchased ChargePoint Services — It will use commercially reasonable efforts to make the Purchased ChargePoint Services available 24 hours a day, 7 days a week, 365 days per year, except for planned downtime (of which Subscriber shall be given not less than eight (8) hours prior notice via electronic messaging to the email address for notices specified in each Subscriber Account), (v) No Decrease in Functionality of ChargePoint Services -- subject to Section 2.3(vi), the functionality of the ChargePoint Services shall not materially decrease during the Subscription Term, and (vi) Malicious Code — it will use commercially reasonable efforts to ensure that it does not transmit to Subscriber any Malicious Code (excepting Malicious Code transmitted to CTI or the Network Operator by Subscriber or its Affiliates). Subscriber's exclusive remedy for a breach of any of the foregoing shall be as provided in Section 8.4 (Termination) and Section 8.5 (Refund or Payment Upon Termination) as set forth below. 2.3 LIMITATIONS ON RESPONSIBILITY. Neither CTI, its distributors nor its other authorized representatives nor the Network Operator shall be responsible for, or makes any representation or warranty to Subscriber with respect to the following: (i) Competing Subscriber Locations -- specific location(s) or number of Networked Charging Stations now, or in the future, owned, operated and /or installed by Subscribers other than Subscriber, or the total number of Networked Charging Stations that comprise the ChargePoint Network; (ii) Electrical Service Interruptions — continuous availability of electrical service to any Networked Charging Stations; (iii) Cellular and Internet Service Interruptions — continuous availability of any wireless or cellular communications network or Internet service provider network not operated by CTI or the Network Operator; (iv) Network Intrusions — availability of or interruption of the ChargePoint Network attributable to unauthorized intrusions; (v) Unregistered Charging Stations -- Charging Stations that are not registered and activated with the ChargePoint Network, and (vi) Google' Services — the continued availability of any Google services incorporated for use with the ChargePoint Services; provided that, if Google ceases to make the Google Application Programming Interface ( "API ") or any similar program available on reasonable terms for the ChargePoint Services, the Network Operator shall make commercially reasonable efforts to replace the Google API or such similar program with products providing similar functionalities if such products are available upon terms which the Network Operator, in its reasonable discretion, believes are commercially reasonable; and provided further that, if Google ceases to make the Google API or similar program available, or available on reasonable terms for the ChargePoint Services, the Network Operator may cease providing such features without entitling Subscriber to any refund, credit or other compensation. 2.4 DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 2, NEITHER CTI, THE NETWORK OPERATOR NOR ANY OF THEIR RESPECTIVE DISTRIBUTORS OR OTHER AUTHORIZED REPRESENTATIVES AS APPLICABLE, MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY FOR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 3. SUBSCRIBER RESPONSIBILITIES AND AGREEMENTS 3.1 GENERAL. Subscriber shall be solely responsible for: (i) Installation of Charging Stations and /or Related Electrical Vehicle Charging Products — the purchase and installation of Subscriber's Charging Stations and other electrical vehicle charging products shall be at Subscriber's sole cost and expense; (ii) Registration and Activation of Charging Stations with the ChargePoint Network — registration with and activation of Subscriber's Charging Stations on the ChargePoint Network through a Network Web Portal, including, without limitation, keeping current Subscriber's contact information, email address for the receipt of notices hereunder, billing address for invoices and payment of Page 5 of 17 340 Subscriber's Net Session Fees due under this Agreement; (iii) Pricing and Access -- setting the pricing (including all applicable Taxes and Regulatory Charges) for any Subscriber provided services accessed by Users through Networked Charging Stations that are designated Commercial Charging Stations and any conditions limiting access thereof, (iv) Update of Registration of Charging Stations -- if a Networked Charging Station is moved from its registered location Subscriber shall update the registration location of the Networked Charging Station on the appropriate Network Web Portal within five (5) business days of making any change in the Subscriber Location(s); (v) Identification of Charging Stations and Subscriber Locations — provisioning and installation of appropriate signage that clearly and prominently identifies and, where appropriate, provides directions to the Subscriber Locations so that they may be easily located by Users; (vi) Public Access Level — designation of each Networked Charging Station as either a Public Charging Station or a Private Charging Station; (vii) Commercialization — designation of each Networked Charging Station as either a Commercial Charging Station or a Free Charging Station; (viii) Appearance and Cleanliness -- keeping Networked Charging Stations and Subscriber Locations(s) clean and free of graffiti, unauthorized advertising, debris and other materials that would obscure, block access or otherwise detract from or cast a negative light on the reputation of the ChargePoint Network; (ix) Maintenance, Service and Repair of Networked Charging Stations — except as required by any applicable warranty, the maintenance, service, repair and /or replacement of Subscriber's Networked Charging Stations as needed, including deactivation of Networked Charging Stations that are non- operational and not intended to be replaced or repaired by Subscriber within ten (10) business days from the ChargePoint Network; (x) Location of Charging Stations -- assuring the accessibility, lighting and other factors pertaining to the safety of Users while utilizing the Charging Stations not directly related to the design or manufacture of the Charging Stations themselves; and (xi) Compliance with Laws — operating and maintaining the Subscriber's Networked Charging Stations in a manner that complies with all applicable laws. 3.2 REPRESENTATIONS AND WARRANTIES OF SUBSCRIBER. Subscriber represents and warrants to CTI, the Network Operator, their respective its distributors and other authorized representatives that: (i) Authority -- Subscriber has the power and authority to enter into and be bound by this Agreement and to install the Charging Stations and any other electrical vehicle charging products to be registered and activated on the ChargePoint Network at the Subscriber Location(s); (ii) No Violation With Subscriber's Electrical Supply or Other Agreements -- Subscriber assumes all responsibility that the electrical usage consumed by any of Subscriber's Networked Charging Station does not violate or otherwise conflict with the terms and conditions of any applicable electrical purchase or other agreement including, without limitation, any lease, to which Subscriber is a party; (iii) Installation of Charging Stations Will Not Violate Any Other Agreements or Laws -- Subscriber will not install or attach Charging Stations on or to infrastructure not owned by Subscriber without proper authority, or in a manner that will block any easement or right of way. Subscriber will observe all legal requirements with respect to vehicle clearances from intersections, points of ingress or egress and public infrastructure such as fire hydrants, lampposts, parking meters, and will otherwise observe all applicable governmental restrictions or restrictions applicable to the Subscriber Locations under any other agreements to which Subscriber is subject; and (iv) Compliance Laws -- Subscriber will comply with all applicable laws. 3.3 FURTHER AGREEMENTS OF SUBSCRIBER MADE IN CONNECTION WITH REGISTRATION OF CHARGING STATIONS ON THE CHARGEPOINT NETWORK AND USE OF CHARGEPOINT SERVICES. Subscriber further acknowledges and agrees with the Network Operator, CTI, and their respective distributors and authorized representatives, as applicable, as follows: (i) Display of CTI Marks -- Subscriber will not remove, conceal or cover the CTI Marks or any other markings, labels, legends, trademarks, or trade names installed or placed on the Networked Charging Stations or any peripheral equipment for use in connection with the Networked Charging Stations for so long as such Charging Page 6 of 17 341 Stations are Networked Charging Stations; (ii) Use of Network Web Portals -- Subscriber shall comply with, and shall have responsibility for and cause all other persons accessing or using Network Web Portals to comply with, all of the rules, regulations and policies of the Network Operator, as well as other networks and computer systems used to access Network Web Portals, whether operated by Subscriber, its suppliers or others and Subscriber agrees to indemnify and hold the Network Operator, CTI, and their respective distributors and authorized representatives, directors, shareholders, officers, agents, employees, permitted successors and assigns harmless from any third party notices, allegations, claims, suits or proceedings (each, a "Claim ") resulting from Subscriber's use of Network Web Portals and the ChargePoint Services in violation of the terms of this Section 3.3(ii) or of Section 3.3(iii); (iii) Use of the ChargePoint Network and ChargePoint Services — Subscriber shall be responsible for use of the ChargePoint Services in compliance with this Agreement, and in particular, shall: (A) use its commercially reasonable efforts to prevent unauthorized access to Purchased ChargePoint Services, (B) use the Purchased ChargePoint Services only in accordance with the Documentation and applicable laws and government regulation, (C) shall not sell, resell, rent or lease the Purchased ChargePoint Services, (D) shall not interfere with or disrupt the integrity of the ChargePoint Network, the ChargePoint Services or any third party data contained therein, and (E) shall not attempt to gain unauthorized access to the ChargePoint Network or the ChargePoint Services or their related systems or networks; (iv) Future ChargePoint Services — Purchase Orders are not contingent on the delivery of any future functionality or features, nor dependent on any oral or written comments anticipating future functionality or features; (iv) Ownership of Data -- All data collected by the Network Operator in connection with the operation of the ChargePoint Network shall be owned by CTI and the Network Operator and Subscriber acknowledges and agrees that Subscriber shall have no right of access or the use of such data for any purpose other than the management of Subscriber's Networked Charging Stations while registered with the ChargePoint Network. 4. FEES AND PAYMENT FOR PURCHASED CHARGEPOINT SERVICES. 4.1 SUBSCRIPTION FEES. Subscriber shall pay the Subscription Fees set forth on any Purchase Order for Purchased ChargePoint Services. Except as otherwise specified herein or in any Purchase Order, (i) Subscription Fees are quoted in and payable in U.S. Dollars, (ii) Subscription Fees are based on ChargePoint Services purchased and not on actual usage, (iii) payment obligations are non - cancelable and are non - refundable, and (iv) Subscriptions are non - transferable (provided, that any Subscription may be transferred to a Charging Station that is purchased by Subscriber to replace a previously Networked Charging Station). Subscription Fees are based on annual periods that begin on the date of the Subscription start date and end each annual anniversary thereafter. 4.2 INVOICING AND PAYMENT. Subscriber shall provide the Network Operator with valid and up to date credit card information if Subscriber is subscribing for ChargePoint Services online through the applicable Network Web Portal. In all other cases, payment of Subscription Fees shall be made under the terms of any accepted Purchase Order pursuant to a method of payment reasonably acceptable to the Network Operator. Where Subscriber provides credit card information to the Network Operator through such Network Web Portal for the payment of Subscription Fees, Subscriber hereby authorizes the Network Operator to charge such credit card for all Purchased ChargePoint Services for the initial Subscription Term and the automatic renewal of Subscription Term(s) as set forth in Section 8.3 (Automatic Renewal of Subscriptions). All credit card charges shall be made in advance, either annually or in accordance with the terms of the accepted Purchase Order. If the Purchase Order specifies that payment shall be made by a method other than credit card, the Network Operator, its distributors or authorized representatives, as applicable, shall invoice Subscriber in advance in accordance with the accepted Purchase Order (including the automatic renewal of Subscription Term(s)) and invoiced charges shall be due within thirty (30) days of the invoice date. Page 7 of 17 342 4.3 OVERDUE SUBSCRIPTION FEES. If any invoiced Subscription Fees are not received by the Network Operator by the due date, then such charges: (i) may accrue late interest at the rate of one and one -half percent (1.5 %) of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until paid, and (ii) the Network Operator may condition future Subscription renewals and acceptance of Purchase Orders on payment terms other than those set forth herein. 4.4 ACCELERATION AND SUSPENSION OF CHARGEPOINT SERVICES. If any amount owing by Subscriber under this Agreement for Subscription Fees for Purchased ChargePoint Services or under any other agreement between the Network Operator and Subscriber is more than thirty (30) days overdue (or, in the event that Subscriber has authorized the Network Operator to charge the amount owing to Subscriber's credit card and payment under such credit card has been declined, more than 5 days has passed since Subscriber has received notice from the Network Operator of such event), the Network Operator may, without otherwise limiting the Network Operator's rights or remedies, accelerate Subscriber's unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend the use by Subscriber of the Purchased ChargePoint Services until such amounts are paid in full. 4.5 PAYMENT DISPUTES. The Network Operator shall not exercise its rights under Section 4.3 (Overdue Subscription Fees) or Section 4.4 (Acceleration and Suspension of ChargePoint Services) if the applicable charges are under reasonable and good faith dispute and Subscriber is cooperating diligently to resolve the dispute. 4.6 TAXES AND REGULATORY CHARGES. Unless required by law or otherwise stated herein, Session Authorization Fees and Session Processing Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, but not limited to, value added, sales, local, city, state or federal taxes ( "Taxes ") or any fees or other assessments levied or imposed by any governmental regulatory agency ( "Regulatory Charges "). Subscriber is responsible for the payment of all Taxes and Regulatory Charges hereunder in connection with Purchased ChargePoint Services, Session Fees, Session Authorization Fees and Session Processing Fees; provided, that the Network Operator is solely responsible for all Taxes and Regulatory Charges assessable based on the Network Operator's income, property and employees. Where the Network Operator is required by law to collect and /or remit the Taxes or Regulatory Charges for which Subscriber is responsible, the appropriate amount shall be invoiced to Subscriber in accordance with this Section 4 and deducted by the Network Operator from Session Fees, unless Subscriber has otherwise provided the Network Operator with a valid tax or regulatory exemption certificate or authorization from the appropriate taxing or regulatory authority. 5. FLEX - BILLING SERVICE FOR NETWORKED CHARGING STATIONS 5.1. SESSION FEES. Subscriber shall have sole authority to determine and set in real -time a User's Session Fees (which shall include all applicable Taxes and Regulatory Charges) applicable to Subscriber's Networked Charging Stations that are designated as Commercial Charging Stations. 5.2 SESSION TRANSACTION FEES. In exchange for the Network Operator collecting Session Fees on behalf of the Subscriber, the Subscriber hereby authorizes the Network Operator to deduct from all Session Fees collected: (i) a Session Authorization Fee, and (ii) a Session Processing Fee, each in the amount and subject to the terms and conditions as set forth in Schedule 1. 5.3 PAYMENT TO SUBSCRIBER OF NET SESSION FEES. The Network Operator shall remit to Subscriber not more than thirty (30) days after the end of each calendar month to the address set forth in Subscriber's Account information registered on the applicable Network Web Portal all Net Session Fees. Page 8 of 17 343 5.5 NO COMMERCIALIZATION OF CHARGING STATIONS PRIOR TO JULY 1, 2010. Subscriber acknowledges and agrees that prior to July 1, 2010, Networked Charging Stations shall not be commercialized, i.e., no Session Authorization Fee will be paid by Subscribers and no Session Fees will be collected from Users. 6. PROPRIETARY RIGHTS 6.1 RESERVATION OF RIGHTS. Subject to the limited rights granted expressly hereunder, CTI reserves all right, title and interest in and to the ChargePoint Services, including all related Intellectual Property Rights. No rights are granted to Subscriber hereunder except as expressly set forth herein. CTI shall have a royalty -free, worldwide, transferable, sublicensable, irrevocable perpetual license to use or incorporate in the ChargePoint Services any suggestions, enhancement requests, recommendations or other feedback provided by Subscribers or Users relating to the ChargePoint Services. 6.2 RESTRICTIONS ON USE. Neither Subscriber nor any of its Affiliates shall: (i) permit any third party to access the ChargePoint Services except as otherwise expressly provided herein or in any Purchase Order, (ii) create derivative works based on the ChargePoint Services, (iii) copy, frame or mirror any part or content of the ChargePoint Services, other than copying or framing on Subscribers own intranets or otherwise for Subscriber's own internal business purposes, (iv) reverse engineer any Charging Station or Software Application, or (v) access the ChargePoint Network, any Network Web Portal or the ChargePoint Services in order to (A) build a competitive product or service, or (B) copy any features, functions, interface, graphics or "look and feel" of any Network Web Portal or the ChargePoint Services. 6.3 GRANT OF LIMITED LICENSE FOR CTI MARKS. (a) LICENSE GRANT. Subscriber is granted under this Agreement the nonexclusive privilege of displaying the CTI Marks during the Term of this Agreement in connection with the Networked Charging Stations installed by Subscriber. Subscriber warrants that it shall not use any of the CTI Marks for any products other than the Networked Charging Stations at the Subscriber Locations(s). CTI may provide trademark usage guidelines with respect to Subscriber's use of the CTI Marks which will be made available on a Network Web Portal, in which case Subscriber thereafter must comply with such guidelines. If no such guidelines are provided, then for each initial use of the CTI Mark, Subscriber must obtain CTI's prior written consent, which shall not be unreasonably withheld or delayed, and after such consent is obtained, Subscriber may use the CTI Mark in the approved manner. The CTI Marks may not be used under this Agreement as a part of the name under which Subscriber's business is conducted or in connection with the name of a business of Subscriber or its Affiliates. (b) NO REGISTRATION OF CTI MARKS BY SUBSCRIBER. Neither Subscriber nor any of its Affiliates will take any action, directly or indirectly, to register or apply for or cause to be registered or applied in Subscriber's favor or in the favor of any third party any CTI Marks or any patent, trademark, service mark, copyright, trade name, domain name or registered design that is substantially similar to a patent, trademark, service mark, copyright, trade name or registered design of CTI or the Network Operator, or that is licensed to, connected with or derived from confidential, material or proprietary information imparted to or licensed to Subscriber by CTI or the Network Operator . (c) USE OF CTI MARKS BY SUBSCRIBER ON INTERNET. Subscriber shall be entitled to use the CTI Marks to promote the ChargePoint Network on Subscriber -owned websites and through the Internet advertising of Subscriber and its Affiliates, provided, that Subscriber is limited to using the CTI Marks in connection with the Internet as follows: (i) Compliance with Law -- the use must be in compliance with local rules regarding advertising of the Networked Charging Stations and the Page 9 of 17 344 ChargePoint Network on the Internet; (ii) No Domain Name -- no license is granted to use or register any domain name containing "CTI ", the name of the Network Ooperator or the CTI Marks; and (iii) Notice of License — Subscriber and its Affiliates, as applicable, will at all times indicate that each of the CTI Marks is a mark of CTI and used under license, as appropriate. (d) TERMINATION AND CESSATION OF USE OF CTI MARKS. Upon termination of this Agreement Subscriber and its Affiliates will immediately discontinue all use and display of the name "CTI ", the name of the Network Operator and the CTI Marks. 6.4 FEDERAL GOVERNMENT END USER PROVISIONS. CTI provides the ChargePoint Services, including Software Applications and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the ChargePoint Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 11.211 (Technical Data) and FAR 11.212 (Software) and, for Department of Defense transactions, DFAR 252.227 -7015 (Technical Data — Commercial items) and DFAR 226.7202 -3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with CTI to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable Purchase order, contract or other agreement. 7. INDEMNIFICATION 7.1 INDEMNIFICATION OF SUBSCRIBER BY CTI. Provided that CTI has sole control of such defense and /or settlement and Subscriber does not take a position adverse to CTI, to the fullest extent permitted by law, CTI shall defend, indemnify and hold harmless Subscriber, its officers, employees and agents against any notices, claims, losses, suits, proceedings or liability ( "Claim ") brought by a third party arising or relating to the willful or negligent acts (active or passive) or omissions of CTI, its officers, employees or agents. This indemnity provision shall include any Claim from and against any and all third party against Subscriber, its officers, employees, and agents for (i) the infringement of any patent, copyright, trademark, service mark, trade name, trade secret or similar proprietary rights regarding Intellectual Property Rights (or license, access, or use rights therein) provided by CTI to Subscriber under this Agreement. The acceptance of said services by Subscriber shall not operate as a waiver of such right of indemnification. CTI agrees that it shall not settle any Claim unless Subscriber and its Affiliates, as applicable, are unconditionally released from any liability as part of any settlement. This indemnity does not extend to any suit based upon any infringement or alleged infringement of any Intellectual Property Rights by the combination of a product (including the ChargePoint''" Services) furnished by CTI with other elements not furnished by CTI if such infringement would have been avoided by the use of the CTI product (including in conjunction with the CTI furnished ChargePointTM Services) alone. 7.2 INDEMNIFCATION OF CTI AND THE NETWORK OPERATORBY SUBSCRIBER. Subscriber shall defend CTI, the Network Operator , and their respective distributors, authorized agents, directors, shareholders, officers, agents, employees, permitted successors and assigns against any Claim brought by a third party (i) as a result of Subscriber's negligence or willful misconduct or (ii) alleging that Subscriber's or any of its Affiliates' use of the ChargePoint Network or ChargePoint Services in violation of this Agreement infringes or misappropriates the Intellectual Property Rights of any third party or violates applicable law, and to pay costs and damages finally awarded in any such suit or agreed to by Subscriber in settlement with such third party (including reasonable attorney's fees and expenses), provided that Subscriber is notified promptly in writing of the suit and at Subscriber's request and at its expense is given control of said suit and all requested reasonable assistance for defense of same. Subscriber agrees that it shall not settle any Claim unless CTI, the Network Operator, and their Page 10 of 17 345 respective distributors and /or other authorized representatives, as applicable, are unconditionally released from any liability as part of any settlement. 7.3 LIMITATION OF LIABILITY. Except as set forth in Section 7.1, the Network Operator and CTI's aggregate liability under this Agreement shall not exceed the aggregate Subscription Fees paid by Subscriber to the Network Operator in the calendar year prior to the event giving rise to the Claim. THE FOREGOING DOES NOT LIMIT SUBSCRIBER'S PAYMENT OBLIGATIONS FOR THE PURCHASED CHARGEPOINT SERVICES. 7.4 EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTAIL PURPORSE OR OTHERWISE, IN NO EVENT WILL CTI , THE NETWORK OPERATOR OR THEIR RESPECTIVE DISTRIBUTORS OR OTHER AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY LOST REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE CHARGEPOINT NETWORK, ANY CHARGEPOINT SERVICES, THIS AGREEMENT OR OTHERWISE OR BASED ON ANY EXPRESSED, IMPLIED OR CLAIMED WARRANTIES BY SUBSCRIBER NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT AND EVEN IF CTI, THE NETWORK OPERATOR OR THEIR RESPECTIVE DISTRIBUTORS, OTHER AUTHORIZED REPRESENTATIVES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICITON DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 7.5 EXCLUSIVE REMEDY. The foregoing states the indemnifying party's sole liability to, and the indemnified party's exclusive remedy against, the other party with respect to any Claim described in this Section 7. 7.6 ELECTRICAL, CELLULAR AND INTERNET SERVICE INTERRUPTIONS. None of CTI, the Network Operator, any of their respective distributors, other authorized representatives, or Subscriber shall have any liability whatsoever to the other with respect to damages caused by: (i) electrical outages, power surges, brown -outs, utility load management or any other similar electrical service interruptions whatever the cause; (ii) interruptions in wireless or cellular service linking Networked Charging Stations to the ChargePoint Network; (iii) interruptions attributable to unauthorized ChargePoint Network intrusions; or (iv) interruptions in services provided by any Internet service provider not affiliated with CTI or the Network Operator. This includes the loss of data resulting from such electrical, wireless, cellular or Internet service interruptions. 8. TERM AND TERMINATION 8.1 TERM OF AGREEMENT. This Agreement shall become effective on the date of acceptance and continues until all Subscriptions (including any automatic renewals thereof) purchased by Subscriber have been terminated or otherwise have expired. 8.2 TERM OF PURCHASED SUBSCRIPTIONS. Subscriptions purchased by Subscriber commence on the start date specified in the Purchase Order and shall continue for the applicable Subscription Term specified therein for each Subscription or until the Purchased ChargePoint Services provided pursuant to any Subscription are otherwise terminated, changed or canceled by the Network Operator or Subscriber as allowed by the terms and conditions set forth herein. 8.3 AUTOMATIC RENEWAL OF SUBSCRIPTIONS. Unless otherwise specified in the applicable Purchase Order, all purchased Subscriptions shall automatically be renewed for a period equal to that of the expiring Subscription, unless either party gives the other notice of non - renewal not less than thirty (30) days prior to the schedule expiration date for the relevant Subscription Term. The Page 11 of 17 346 per -unit pricing for any renewal term shall be the same as during the prior term unless the Network Operator shall have given Subscriber notice to the email address for the Subscriber Account that Subscriber has provided hereunder of any increase in pricing for Subscriptions not less than thirty (30) days prior to the end of such expiring Subscription, in which case the price increase shall be effective upon renewal and thereafter. Any such pricing increase shall not exceed ten percent (10 %) over the pricing for the relevant Purchased ChargePoint Services in the prior term, unless the pricing for such expiring Subscription was designated in the applicable Purchase Order as promotional or a one -time offer. 8.4 TERMINATION. (a) BY THE NETWORK OPERATOR. This Agreement and the Purchased ChargePoint Services furnished hereunder may be immediately suspended or terminated: (i) if Subscriber is in material violation of any of Subscriber's obligations under this Agreement, provided, that Subscriber shall be given written notice of such violation and if cured within thirty (30) days of such notice, any suspension or termination of Purchased ChargePoint Services shall be restored and this Agreement shall continue in effect, (ii) Subscriber becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of creditors, (iii) upon the determination by any regulatory body that the subject matter of this Agreement is subject to any governmental regulatory authorization or review, or (iv) if, pursuant to the terms of this Agreement, the Network Operator is permitted the right to terminate upon the occurrence of an event or events. (b) BY SUBSCRIBER. This Agreement may be terminated by Subscriber for cause: (i) upon thirty (30) days written notice given to the Network Operator alleging a material breach of this Agreement and the alleged breach remains unremedied at the expiration of such period, or (ii) the Network Operator becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of creditors. This Agreement may be terminated by Subscriber upon the voluntary deactivation and removal from registration via the applicable Network Web Portal of all Networked Charging Stations owned by Subscriber and its Affiliates from the ChargePoint Network, at which time this Agreement shall terminate effective immediately; provided, that Subscriber shall not be entitled to any refund of prepaid Subscription Fees as a result of such termination. 8.5 REFUND OR PAYMENT UPON TERMINATION. Upon any termination of this Agreement for cause by Subscriber pursuant to Section 8.4(b)(i), or (ii) or the election of the Network Operator to terminate this Agreement pursuant to Section 8.4(a)(iii), the Network Operator shall refund to Subscriber the pro -rata portion of any pre -paid Subscription Fees for the remainder of the applicable Subscription Term for all Subscriptions after the effective date of termination. Upon any termination for cause by the Network Operator pursuant to Section 8.4(a)(i), (ii) or (iv) or upon the voluntary removal from registration and activation of all of Subscriber's Network Charging Stations from the ChargePoint Network, Subscriber shall pay any unpaid Subscription Fees covering the remainder of the Subscription Term for any accepted Purchase Orders. In no event shall any termination relieve Subscriber of any liability for the payment of Subscription Fees or Session Processing Fees for any period prior to the termination date.Subscriber 9. AMENDMENT OR MODIFICATION No modification, amendment or waiver of this Agreement shall be effective unless in writing and either signed or electronically accepted by the party against whom the amendment, modification or waiver is to be asserted; provided that subject to any applicable Purchase Order the Network Operator may change the Session Authorization Fee and /or the Session Processing Fee as provided in Schedule 1. Page 12 of 17 347 10. WAIVER The failure of either Party at any time to require performance by the other Party of any obligation hereunder will in no way affect the full right to require such performance at any time thereafter. The waiver by either Party of a breach of any provision hereof will not constitute a waiver of the provision itself. The failure of either Party to exercise any of its rights provided in this Agreement will not constitute a waiver of such rights. No waiver will be effective unless in writing and signed by an authorized representative of the Party against whom such waiver is sought to be enforced. Any such waiver will be effective only with respect to the specific instance and for the specific purpose given. 11. FORCE MAJEURE Except with respect to payment obligations, neither the Network Operator nor Subscriber will be liable for failure to perform any of its obligations hereunder due to causes beyond such party's reasonable control and occurring without its fault or negligence (a "Force Majeure Event"). A Force Majeure Event will include, but not be limited to, fire, flood, earthquake or other natural disaster (irrespective of such party's condition of any preparedness therefore); war, embargo; riot; strike; labor action; any lawful order, decree, or other directive of any government authority that prohibits a party from performing its obligations under this Agreement; material shortages; shortage of transport; and failures of suppliers to deliver material or components in accordance with the terms of their contracts. 11. APPLICABLE LAW This Agreement will be construed, and performance will be determined, according to the laws of the State of California without reference to such state's principles of conflicts of law (the "Applicable Law") and the state and federal courts of California shall have exclusive jurisdiction over any claim arising under this Agreement. 12. WAIVER OF JURY TRIAL Each Party hereby waives any right to jury trial in connection with any action or litigation arising out of this Agreement. 13. SURVIVAL Those provisions dealing with the Intellectual Property Rights of CTI, limitations of liability and disclaimers, restrictions of warranty, Applicable Law and those other provisions which by their nature or terms are intended to survive the termination of this Agreement will remain in full force and effect as between the Parties hereto as contemplated hereby. 14. SEVERABILITY Except as otherwise specifically provided herein, if any term or condition of this Agreement or the application thereof to either Party will to any extent be determined jointly by the Parties or by any judicial, governmental or similar authority, to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to this Agreement, the Parties or circumstances other than those as to which it is determined to be invalid or unenforceable, will not be affected thereby. If, however such invalidity or unenforceability will, in the reasonable opinion of either Party cause this Agreement to fail of its intended purpose and the Parties cannot by mutual agreement amend this Agreement to cure such failure, either Party may terminate this Agreement for cause as provided herein above. 15. ASSIGNMENT Subscriber may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the Network Operator (not to be unreasonably withheld). In the event of any purported assignment in breach of this Section 15, the Network Operator shall be entitled, at its sole discretion, to terminate this Agreement upon written notice given to Subscriber. In the event of such a termination, Subscriber shall pay any unpaid Subscription Fees covering the remainder of the Subscription Term for any accepted Purchase Orders. In no event shall any termination relieve Subscriber of any liability for the payment of Subscription Fees or Session Processing Fees for any period prior to the termination date. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns CTI and the Network Operator may each assign its rights and obligations under this Agreement. Page 13 of 17 KM Within ninety (90) days of any such assignment, CTI or the Network Operator, as the case may be, shall provide written notice to Subscriber of the fact of such assignment. 16. NO AGENCY OR PARTNERSHIP CREATED BY THIS AGREEMENT CTI, in the performance of this Agreement, and in its role as the Network Operator„ is an independent contractor. In performing its obligations under this Agreement, CTI shall maintain complete control over its employees, its subcontractors and its operations. No partnership, joint venture or agency relationship is intended by CTI and any Subscriber to be created by this Agreement. 17. ENTIRE AGREEMENT This Agreement, Schedule 1 and the applicable Purchase Orders of Subscriber contain the entire agreement between the Parties and supersedes and cancels all previous and contemporaneous agreements, negotiations, commitments, understandings, representations and writings in respect to the subject matter hereof. To the extent of any conflict or inconsistency between the terms and conditions of this Agreement and any Purchase Order, the Purchase Order shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in any other documentation (excluding Schedule 1 and Purchase Orders) shall be incorporated into or form any part of this Agreement, and all such purported terms and conditions shall be null and void. Page 14 of 17 349 18. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute but one and the same document. COULOMB TECHNOLOGIES, INC. CITY OF CUPERTINO By: By: (Signature) Name: Name: Title: _ Title: Address: City: State: Zip Code: E -Mail Address for Notices: (Please complete Appendix A if signing up for Flex Billing Service.) Page 15 of 17 350 Schedule 1: Subscriber Session Transaction Fee Schedule' Fee Schedule For Each Charging Session using For Each Charging Session Using ChargePass Card Credit Card Session Authorization Fee $0.50 per Session $0.50 per Session Session Processing Fee 7.5% of Session Fees 7.5% of Session Fees 1 Subscriber is required to separately subscribe for the ChargePointT" Network Standard Service in order to activate its Charging Stations on the ChargePointT" Network. z The Session Authorization Fee may not be increased more than once in any twelve (12) month period nor more than the greater of (i) ten percent (10 %) or (ii) the Consumer Price Index rate of change promulgated by the United State Bureau of Labor Statistics with respect to the 12 -month period just then ended when any notice of change is given by CTI to Subscribers. CTI may increase the Session Processing Fee payable pursuant to this Agreement at any time after July 1, 2011, upon not less than one hundred eight (180) days notice (the "Notice Period") given by electronic notice posted to the Subscriber Portal and sent to each individual Subscriber Account, and any such change shall thereafter be binding and enforceable with respect to Subscriber after the expiration of such Notice Period; provided, f urther that the Session Processing Fee may not be increased by more than one percentage point in any twelve (12) month period, nor in the aggregate, increased to more than twenty percent (20.00 %) of Session Fees at any time. Page 16 of 17 351 Appendix A: Account Information Form for Flex Billing Services Complete and fax this form to Coulomb Technologies Sales Operations ( +1- 214 - 716 -1244) to sign up for Flex Billing services. All fields are required (except where noted). Business Info Business Legal Name: _ Business Legal Address: (Number) (Street) (City) (State /Province) (Postal Code) (Country) Business Federal Tax ID: Individual Point of Contact Contact Name: Contact Phone: Contact Fax: Contact Email Address: Bank Account Info Bank Name: Bank Address: (Number) (Street) (City) (State /Province) (Postal Code) (Country) Bank Routing number or Swift Code: Bank's Account number (if applicable): Business's Account Number: Business's Account Name: (Remit To Name, if different than Business Legal Name) Business's Account Address: (Remit To Address, if different than Business Legal Address) Business's Federal Tax ID: (if Remit To Entity is if different than Business Legal Entity) Additional Information (for Non -US Customers Only) Intermediary Bank Name: Intermediary Bank Address: (Number) (Street) (City) (State /Province) (Postal Code) (Country) Intermediary Bank Routing or Swift Code: Intermediary Bank' Account number if applicable: Page 17 of 17 352 PUBLIC WORKS DEPARTMENT UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: April 5, 2011 Subs ect 2011 Cupertino Bicycle Transportation Plan. Recommended Action Adopt Resolution No. 11- , approving the 2011 Cupertino Bicycle Transportation Plan. Discussion The Cupertino Bicycle Transportation Plan is a long -range planning document designed to encourage bicycling as a safe, practical and healthy alternative to the motor vehicle. The current Plan was adopted by the City Council in December, 1998. Since that time, the city has witnessed an increase in bicycle usage, as well as an increased emphasis on alternative forms of transportation as a way to reduce traffic congestion and promote environmental sustainability. As a result, over the past two years the Cupertino Bicycle Pedestrian Commission and City staff have been working together to develop an update to the Bicycle Transportation Plan that addresses present and future needs of the bicycling community, sustainability, and satisfies the requirements for funding eligibility for bicycle projects. The 2011 Cupertino Bicycle Transportation Plan is divided into five main chapters. Chapter 2, Environment, describes Cupertino's climate and topography, its major land -use features, and provides data on present and projected bicycle use. Chapter 3, Engineering, describes each of the seventeen proposed bikeways throughout Cupertino. Chapter 4, Encouragement, describes the ways in which bicycling can be encouraged and discusses incentives to bicycle commuting. Chapter 5, Education, discusses the challenges posed by cyclists who lack the basic skills to safely ride a bicycle in traffic, and the various education programs and approaches designed to improve cyclists' safety. Chapter 6, Enforcement, focuses on the importance and role of law enforcement officials in citing cyclists who fail to observe the rules of the road. The heart of the Plan is Chapter 3, in which each of the seventeen proposed bikeways are described. For each bikeway, the proposed designation (bike route, bike lane, bicycle boulevard, etc.), location, a description of the work to be done, length, and approximate cost are given. Proposed improvements range from small, low -cost items such as installing bike route signs, to large -scale projects such as a grade- separated railroad crossing. Additionally, implementation of many of the bikeways will need to be vetted with the neighborhoods, as they may involve removal of on- street parking, removal of stop signs, or providing access through neighborhoods 353 which currently have no through access. City Council's adoption of the 2011 Bicycle Transportation Plan will allow staff to pursue the feasibility of the individual bikeways through detailed engineering study, public outreach, and funding research, and that staff will return to Council for final approval of each of the bikeways individually once that work has been done and community concerns have been mitigated to the extent possible. The adoption of a Bicycle Transportation Plan is a requirement for a jurisdiction to be eligible for outside funding from certain sources, such as Transportation Development Act (TDA) money administered through the Metropolitan Transportation Commission and Bicycle Transportation Account (BTA) money administered through Caltrans. Sustainability Impact Implementation of the elements of the 2011 Bicycle Transportation Plan will encourage bicycling, reduce reliance on the single- occupancy vehicle, and will therefore have a positive impact on sustainability. Additionally, adopting the Plan is consistent with the Circulation Element of the General Plan, Goal B ( "Increased Use of Public Transit, Carpools, Bicycling, Walking, and Telecommuting ") and Goal C ( "A Comprehensive Network of Pedestrian and Bicycle Routes and Facilities "). Fiscal Impact There is no immediate fiscal impact resulting from adoption of the Bicycle Transportation Plan. However, there will be a cost associated with implementing each of the proposed improvements contained within the Plan. Many of the smaller improvements could be funded by existing operating budgets with minimal fiscal impact. Larger projects may require identifying specific funding sources, such as TDA or BTA grant money, and inclusion within the Capital Improvement Program. Staff would return to Council at a later date for approval of individual projects that have a significant fiscal impact. Prepared by : David Stillman, Senior Civil Engineer Reviewed by : Timm Borden, Director of Public Works Approved for Submission bye David W. Knapp, City Manager Attachments: A - Resolution B - Bicycle Transportation Plan 354 ATTACHMENT A RESOLUTION NO. 1I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE 2011 CUPERTINO BICYCLE TRANSPORTATION PLAN WHEREAS, the Bicycle Transportation Account and Transportation Development Act provide funding for projects that improve safety and convenience for bicycling; and WHEREAS, a local agency must have a current Bicycle Transportation Plan to be eligible for Bicycle Transportation Account and Transportation Development Act funds; and WHEREAS, the 2011 Cupertino Bicycle Transportation Plan has been prepared by the Cupertino Bicycle Pedestrian Commission, in conjunction with City staff, and WHEREAS, the Cupertino Bicycle Transportation Plan complies with California Streets and Highways Code Section 891.2 and the San Francisco Bay Area Regional Transportation Plan; and WHEREAS, the Cupertino Bicycle Pedestrian Commission recommends City Council approval of the 2011 Cupertino Bicycle Transportation Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the 2011 Cupertino Bicycle Transportation Plan. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5 th day of April, 2011, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor, City of Cupertino 355 ATTACHMENT B City of •- • icvcle Transportation Plar Prepared by the Cupertino Bicycle and Pedestrian DRAFT - February 20, 2011 356 Plan Contributors The Cupertino Bicycle Transportation Plan has been developed by the Cupertino Bicycle and Pedestrian Commission (the Commission), with contributions from the following Commissioners and public agency staff Alan Takahashi Hannah Chow Anne Ng Jim Wiant David Stillman Joe Walton David Greenstein Mark Fantozzi Don Armstrong May Koski Erin Cooke Michelle DeR Geoffrey Paulsen William Chan Glenn Goepfert 1.2.2 Engineering ...: :........... Contents 1 Executive Summary ........ ............................... ............... .. 5 1.1 Recommendations ............................................:............................... ..............................6 2.2.2 Non - Manufacturing Employment .......................................... ............................... 1.1.1 Engineering ................ ............................... ..;.............------•... ..............................6 2.2.3 Schools, High Schools, and College ...................................... ............................... 1.1.2 Encouragement............... ...........................! ...:.............. ............................... 6 1.1.3 Education .....................................::..................................... ............................... 7 1.1.4 Enforcement ..................................:.........::....................:........... ..............................7 2.2.6 " Major Shopping Centers ......................................................... ............................... 1.2 Chapter Descriptions ................... :....... ................ ............................... 7 1.2.1 Environment.:: ,♦ ................ . ............. ............---.... ............................... 7 1.2.2 Engineering ...: :........... 7 1.2.3 Encouragement ..... ..: ......... ........:......................................... .......................-- -....7 3.1.1 Type of Bicyclists ..................••----...........------............------....... ............................... 1.2.4 Education. ................... 8 1.2.5 Enforcement ..........' :.............................................................. ..............................8 3.2 Bicycle Technical Guidelines ........................................................ ............................... 1.3 Conelixsion ................ ; ._ 8 2 Environment....... ........ ................................. ............... ................................................ 9 2.1 Land Use ..... ..... .... ........:....... ............................... ............. ............................... 9 2 12 Employment ........................ ........................................................... .............................10 2.2.1 Manufacturing Employment ................. 2.2.2 Non - Manufacturing Employment .......................................... ............................... 10 2.2.3 Schools, High Schools, and College ...................................... ............................... 11 2.2.4 Parks ..:.................................................................................... .............................11 2.2.5 Public Buildings ..................................................................... ............................... 11 2.2.6 " Major Shopping Centers ......................................................... ............................... 12 2.3 Bicycle Usage ................................................................................ ............................... 12 3 Engineering ............................................................................................ ............................... 13 3.1 Methodology .................................................................................... .............................13 3.1.1 Type of Bicyclists ..................••----...........------............------....... ............................... 13 3.1.2 Transportation versus Recreation ........... :. ................ ............. ............................... 13 3.2 Bicycle Technical Guidelines ........................................................ ............................... 14 3.2.1 Traffic Signal Detection ......................................................... ............................... 14 3.3 Bikeway Classifications ................................................................. ............................... 14 Bicycle Transportation Plan 2 of 67 28 February 2011 357 3.4 Recommended Bike Network...--• .................................................. ............................... 16 3.4.1 The Major Cupertino Bikeways ............................................................................ 17 3.5 Bikeway Implementation ............................................................... .............. ................. 35 3.5.1 Process ................................................................................... ............................... 35 3.5.2 Cost Estimates ........................................................................ ............................... 35 3.5.3 Route Prioritization Criteria ... ............................... . . .............................. 35 3.6 Bikeway Prioritization .................. ... •--- ......--- .......................... ....... ............................... 36 3.6.1 Prioritization Criteria ............................................................. ............................... 36 3.6.2 Bikeway Priority ................................ ............................... ......................... - -•• -- 38 4 Encouragement 39 4.1 City Sponsored Programs .................... ............................... ........ ............................... 39 4.2 Bicycle Commuting Programs ........ ............................... ........ ............................... 40 4.2.1 Bicycle Commuting Campaigns ...................... ...... 41 4.2.2 Incentives to Use Bicycle Commuting. .......................... 41 4.2.3 Support and Applaud Bicycle Commuting ....... `.... .................... 43 4.3 Guidelines for a Bicycle Promotion Program ............................... .... .............. 44 4.3.1 Employer Resource Kit ............ ... ............................................................. 46 4.3.2 Commuting Events and Activities ........: ................................................. 47 4.3.3 White Bike Program .............................. 47 4.3.4 Bicycle Hotline ...... ...................................................... 47 4.3.5 Media Campaigns ......... ........................... ............... ............................... 47 4.3.6 Bicycle Education and Safety....... ...................... 47 4.3.7 The "Cupertino Bicycle Safety Week' .... ........ ........ ............................... 47 4.3.8 Worksite Improvements.... ............ ................................................... 48 4.3.9 Incentive Programs : .................... ......................... ......:................... ............................... 48 4.4 Types of Bicycle Parking Demand and F acilities .......................... ............................... 49 4.5 Matching Demand with Facility Type ...................................... ............................... 49 4.5.1 Short-term Parking: .................................... ............................... 49 4.5.2 Long -term Parking'. .......................................... 49 4.5.3 Overnight Parking .: ................. .......................................... ............................... 50 4.6 Recommended Bicycle Parking ..................................................... ............................... 50 4.6.: 1. Bike Rack Placement Criteria . ............................... ................ ............................... 4.7 Showers and Lockers ..... ...........................•----.............................. ............................... 51 5 Education: :............................................................................................... ............................... 52 5.1 Child B:icyclists... ..................................................................... ............................... 53 5.1.1 Educational Elements ............................................................. ............................... 53 5.1.2 Bicycle Helmets -----• ............................................................... ............................... 55 ; ,5.2 Adult Bicyclists .............................................................................. ............................... 55 5.3 Motorists ... ....................... ............................... 6 Enforcement .................................................................................................. ........................57 7 Appendix A. Plan Conformance to Existing Plans ................................ ............................... 59 8 Appendix B. Bikeway Classifications ................................ ................................................. 60 8.1.1 Class I Bike Path .................................................................... ............................... 60 8.1.2 Class H Bike Lane .................................................................. ............................... 60 8.1.3 Class III Bike Route ............................................................... ............................... 61 9 Appendix C. Bike Parking Facilities ..................................................... ............................... 63 28 February 2011 3 of 67 Bicycle Transportation Plan. 358 9.1.1 Class I Facilities ..................................................................... ....................... •....... 63 9.1.2 Class H Facilities .................................................................... ............................... 63 9.1.3 Class III Facilities ..........................................•--•-------............. ............................... 63 9.1.4 Other Facilities ........................................... ............................... 63 10 Appendix D. Bicycle Education and Safety .................... ........................... 65 10.1 Promotional Sources ..................................•---................................ ............................... 65 10.2 Funding Sources ............................................................................. ............ •-- ................ 67 Figures Figure 1: Cupertino Land Use and Zoning .. ............................... 10 Figure 2: Cupertino Bicycling Destinations ............................... .................... 12 Figure 3: Local Santa Clara VTA Transportation Routes ................................................. 44 Figure 4: Major Employers with Commuting Bicyclists' Facilities ...... 45 Bikeway Networks Bikeway 1: Foothill Blvd between Creston and Santa Lucia Rd ............... .............. 18 Bikeway 2: Palm Ave —Mira Vista Rd ---- -- Janice Ave...... ................................................. 19 Bikeway 3: Orange Ave —Fort Baker Dr ........................ ...................... ............................... 20 Bikeway 4: Mary Ave —De Anza College;between Homestead Rd and McClellan Rd .............. 21 Bikeway 5: Stelling Rd between Homestead Rd &Prospect Rd. .................................................. 22 Bikeway 6: Greenleaf Dr —Valley Green Dr— Bandley, Dr ....... ...... ............................... 23 Bikeway 7: Blaney Ave between Homestead Rd & Bollinger. Rd ::................ 24 Bikeway 8: Portal Ave between Merritt Dr & Wilson Park .....' .:............... ............................... 25 Bikeway 9: Miller Ave —Wolfe Rd ............ ......;`.......... ....... .................... ............................... 26 Bikeway 10: Tantau Ave - Barnhart —San Tomas:Aquino Trail .................. ............................... 27 Bikeway 11: Stevens Creek Recreational Trail ..... ............................... ............................... 28 Bikeway 12: Alves Dr— Bandley Dr Lazaneo Dr Forest Ave — Amherst Dr ........................ 29 Bikeway 13: Greenleaf Dr= Mariam Ave Merritt Dr —Portal Ave ............. ............................... 30 Bikeway 14. Rodrigues Ave — Wilson Park — Creekside Park —Phil Ln —Barnhart Ave .......... 31 Bikeway.: `1`5: McClellan Rd Foothill Blvd & De Anza Blvd ........... ............................... 32 Bikew ay. 16: Rainbow Dr between Bubb Rd & Stelling Rd .......................... ............................... 33 Bikeway'17 Stevens Creek Bled —San Antonio County Park ..................... ............................... 34 Bicycle Transportation Plan 4 of 67 28 February 2011 359 1 Executive Summary In December of 1998 the Cupertino City Council unanimously approved a Bicycle Transportation Plan designed to encourage bicycling as a safe, practical and healthy alternative to the use of the family car. The plan stated that "with the growing congestion of the South Bay freeways and the inherent limitations of carpools, vanpools and public transit, commuting to work and /or school by bicycle is a solution of choice for a growing number of Cupertino residents." During the past 12 years Cupertino has witnessed a significant increase in' bicycle use not only for commuting, but for utility and recreational purposes as well, and by citizens of all ages and skill levels. Given ever increasing gasoline prices, growing efforts to reduce heat - trapping gases related to climate change, and Cupertino's commitment to becoming an, outstanding Bicycle Friendly City, this upward trend in bicycle use is projected to accelerate. Also, during those 12 years Cupertino has following major accomplishments: • The Mary Avenue Bicycle Pedestrian Footbridge • Nearly three and one -half miles of Bike Lane desi Road from Grant Avenue across Swallow. Way to • One and one half miles of Bike Route desig Milford Drive, Castine Avenue, Greenleaf f Bandley Drive, Marian Avenue, and Merrt • Two and two tenths miles of Bike Route dek Street and Bollinger Road to De Anza Blvd. • Bike Lane designation along Stelling Road along Prospect.Road to `De "Arita Blvcl increased bicycle usage with the both directions along Homestead Mary Avenue along Lubec Street, on Drive, Valley Green Drive, artal Avenue Stelling Rd. along Erin Way, Kim Road to Prospect Road and • Numerous maintenance accorizplishments such as the new, wider Bollinger bridge across the Calabazas Creek. This updated of our Bicycle Transportation Plan will continue to conform (for additional conformance 'information, see Aopendix A , Plan Conformance to Existing Plans) to the requirements of the Valley Transportation Authority's (VTA's) Bicycle Expenditure Program (BEP) as the fundzng for bicycle related projects proposed by Member Agencies under the Countywide Bicycle Plan. Funding for these projects, including the development of a Cross - County Bicycle Network, is derived from the following: 1996 Measure B sales tax, Transportation of Clean Air, Transportation Development Act Article 3, Transportation Enhancement funds, and Regional Bicycle /Pedestrian Program funds. As project sponsors, Member Agencies are required to provide a minimum 20 percent match to the BEP funding implementation. The projects list is reviewed and re- adopted every three years for project changes and cost adjustments. In addition to VTA funding, Cupertino has the opportunity to compete for annual grants from the California Department of Transportation for the purpose of supporting the development of Cupertino's bicycle transportation system. State sponsored funding from the Bicycle 28 February 2011 5 of 67 Bicycle Transportation Plan 360 Transportation Account, formerly known as the Bicycle Lane Account, will likely be used in the implementation of the Complete Streets Act (Assembly Bill 1358) signed into law by Governor Schwarzenegger in 2009, and scheduled to take effect on i January 2011. 1.1 Recommendations This Bicycle Transportation Plan has been subject to a public review process that has included newspaper noticing, posting on the City of Cupertino's website, public hearings at the Cupertino Bicycle Pedestrian Commission and City Council, and personal distribution to interested parties. Project priorities for the next decade, based on staff and Commission recommendations and public input, address the following bicycling domains: Engineering, Encouragement, Education, and Enforcement. 1.1.1 Engineering Bikeway engineering priorities and estimated costs are listed below in terms of. High, Medium, and Low priority. Of course, as the community desires change, so will the remaining, unimproved bikeway priorities. The bikeway engineering prioz hies should be reviewed'and open to community response more often than every 12`'yearsat least every four years. ! ! 1.1.2 Encouragement "Let's get out and ride" is an expression we would like more of the community to declare. There are many programs that the Commission and the City should support: Bicycle Transportation Plan. 6 of 67 28 February 2011 361 - 4 MA U" ® 8 4 Mary Ave —De Anza College.— McClellan Rd High $10,000 13 Greenleaf Dr— Mariani Ave – Merritt. Dr— Portal Ave High $75,000 8 Portal Rd between Merritt Dr & Wilson Park High $100,000 9 Miller Ave-- -Wolfe Rd High $100,000 5 Stelling Rd between Homestead Rd & Rainbow Dr High $150,000 12 Alves Dr— Bandley Dr— Lazaneo Dr—Forest High $250,000 Ave — Amherst Dr. 14 Rodrigues Ave — Wilson Park — Wintergreen —Cold High $250,000 Harbor Ave— Vicksberg ---8 Estates Dr-- Creekside Park -Phil Ln ;— Barnhart Ave 3 Orange Ave -v Fort Baker Dr : Dr High $300,000 15 McClellan Rd between Foothill `BlVd & ^ De Anza Blvd High $2,400,000 High Priority = $3,635,000 2 Palm Ave —Mica Vista Rd— Janice Ave Medium $10,000 7 Blaney Ave between Homestead Rd & Bollinger Rd Medium $10,000 10 ' Tantau Ave — Barnhart —San Tomas Aquino Trail Medium $25,000 1 Foothill Blvd between Creston and Santa Lucia Rd Medium $50,000 11 Stevens Creek Recreational Trail Medium $1,300,000 Medium Priority = $1,395,000 6 Greenleaf Dr-= :Valley Green Dr— Bandley Dr Low $75,000 16 Rainbow' Dr between Bubb Rd & Stelling Rd Low 1 $100,000 17 Stevens.:: Creek Blvd —San Antonio County Park Low $7,000,000 Low Priority = $7,175,000 Grand Total = $12.205.000 1.1.2 Encouragement "Let's get out and ride" is an expression we would like more of the community to declare. There are many programs that the Commission and the City should support: Bicycle Transportation Plan. 6 of 67 28 February 2011 361 • Active promotion of utilitarian bicycle use for recreation and for bicycle commuting to and from both school and work • Providing an "Employer Resource Kit" to get bike commuting to work started for Cupertino companies • Maintaining a bicycle parking rack inventory and assisting to provide parking racks for bicycle trip destinations. • Supporting linkages from the City's Website, such as to those of both the Mountain View and Sunnyvale Bicycle Commissions' Websites, to provide bicycle education, safety, maps, and news on upcoming events • Encouraging the Sheriff's Department and Cupertino's Code Enforcement personnel to patrol the community by bicycle 1.1.3 Education We should encourage bicycling safety through incre, programs such as • Off -bike programs for pedestrian and bicyeli • On -bike programs for bike - handling skills • Motorists programs for sharing the roadways 1.1.4 (Enforcement We should work closely with the Santa Clara County, Sheriff's Departir ent, from whom Cupertino receives enforcement services, to report and discuss semiannually bicycle - related traffic violations and solutions for reducing such violations. Such :discussion would address, for example, the schedule of fines imposed on moving violations: committed by bicyclists and against bicyclists by motorists. 1.2 Chapter Descr<fptions The following is a summary description of the yarious plan elements. The elements focus on Environment, Engineering, Encouragement, Education, and Enforcement. 1.2.T :::.Environment This chapter describes Cupertino's ideal climate and topography for year -round cycling, its major land use features, and provides data on present and projected bicycle use. 1.2.2 Engin This chapter describes 22:2 miles of existing bikeway network with an additional 12.1 miles of proposed bikeway network on Cupertino's major streets, residential avenues and joint use trails. Each of Cupertino's proposed seventeen bike routes is presented in detail and summary. 1.2.3 Encouragement This chapter describes ways in which bicycling can be encouraged and discusses incentives to encourage bicycle commuting sponsored by both governmental agencies and private industry. 28 February 2011 7 of 67 Bicycle Transportation Plan 362 1.2.4 Education This chapter discusses the challenges posed by cyclists of all ages who lack the basic skills to safely ride a bicycle in traffic, and the various education programs and approaches designed to improve cyclists' safety. 1.2.5 Enforcement This chapter focuses on the importance of increasing the awareness of motorists toward their obligation to share the road with cyclists, and the role of law enforcement officials in citing cyclists who fail to observe the rules of the road. 1.3 Conclusion The full implementation of the Cupertino Bicycle Transportation Plan iAll significantly improve the safety and mobility of Cupertino bicyclists. Increased bicycle use will improve the quality of life of all Cupertino residents due to the resulting reduction in traffic congestiotand neighborhood traffic impacts, carbon emissions, and-improved air quality, as well as pedestrian safety. Recommendations to further Cupertino's progress into a bicycle- friendly city include the following: • As stated in the Cupertino General Plan., give :bicycle projects a priority equal to those that serve the automobile, even if the result is slower automobile trafc: • Pursue funding and inter- agency cooperation in, the development of the bikeway network. • Continue the active involvement of the Commission in the traffic engineering and transportation plannnig decisxoris. that affect the safety of bicyclists on Cupertino's streets and intersections. • Expand and develop new`bievele safety programs to address the issues faced by bicyclists of all ages as well as motoristb • Expand and develop bicycle promotion.programs to encourage and legitimize bicycle transportation for work, school, shopping, errands, and other utilitarian trips. Bicycle Transportation Plan 8 of 67 28 February 2011 363 2 Environment Cupertino's Bicycle Transportation Plan is committed to improving the bicycle infrastructure within our City to enable and encourage people to bike to work and school, to utilize a bicycle to run errands, and to enjoy the health and environmental benefits that bicycling provides cyclists of every age. Cupertino has an estimated population of 54,000 people as of January 1, 2006. It has a mild climate with daytime highs ranging from 45 degrees in January to 95 degrees in July. It has an annual rainfall of approximately 23.0 inches, little or no rain between Mayand October, and relatively flat terrain. Cupertino has an ideal setting to maximize th.e. Wilization of bicycles for commuting, utility, and recreational purposes. 2.1 Land Use Cupertino's population is housed in a mix of single family higher density apartments and condominiums. There are n opportunities in Cupertino; the top employers in Cupertino sub- section. Cupertino is home to De Anza College, one a community colleges in the country with ' a fall enrollment a has three high schools, three middle schools,: and eight elei sixteen neighborhood and regional parks, and anumber of below. There are adjacent communities to the north'(Sunn. (Saratoga and Los Gatos), to the east (San Jose and Santa ..A Cupertino's land use is family residential subd surrounding residential buildings are located a] Witl sho] De residential neighborhoods, as well as tany'employment and educational are listed below in the Employment f the largest single - campus verage of 22,000 students.' Cupertino nentary:. schools. Cupertino has shopping centers, which are all listed yvale and Los Altos), to the south Tara), and to the west are foothills. ;ntional' suburban medeI. There are numerous single - rimercial and employment centers separated from the College, as well as retail, hotel, office and industrial ortation corridors. The city center areas are mixed use, Y apartments, and family dwellings located over retail t De Anza College. "About De Anza." Retrieved 13 August 2009 from k)tt : / /wvwwv.deanza.edi�about /facts.litnal 28 February 2011 9 of 67 Bicycle Transportation Plan 364 �� E¥ Corio, Inc. (IBM) Courtyard by Marriott Cupertino Inn Cupertino Medical Center Cupertino Union School District Cypress Hotel Durect Corporation Foothill/De Anza Community College District The Forum Retirement Community Fremont Union High School District Hewlett Packard 2.2.3 Schools, High Scho Collins Elementary School Cupertino High School De Anza College Eaton Elementary School Faria Elementary School Garden Gate School Homestead High School Hyde Middle School 2.2.5 Public Buildings City Hall Community Hall Cupertino Library 28 February 2011 Ranch 99 Market Sears Sugar CRM Sunny View Retirement Community Symantec Corporation Target TGI Friday's Trend Micro Verigy Whole Foods ols, and College...` Kennedy Middy Lawson Middle Lincoln Elemen Monta Vista Iii Regnart Elemen Sedgwick Elemi Stevens :Creek E School Monta'Vista Park Portal Park Rancho San Antonio County Park Sterling Barnhart Park Stevens Creek County Park Summerset Park Three Oaks Park Varian Park Wilson Park Cupertino Senior Center Cupertino Sports Center 11 of 67 Bicycle Transportation Plan 366 1: 1 �7 0 fz^ Sul �•�' I[- . - \ L I � l _ 11 I 'A 3 Engineering The bikeway network for the City of Cupertino is comprised of existing bikeways and proposed bikeways. Route descriptions for the proposed bikeways begin with Section 3.4 The Major CUertino Bikeways First, background information on the characteristics of bicyclists, a brief description of the route selection process, and a description of the bicycle route classifications will be discussed. 3.1 Methodology The primary considerations in developing the bikeway network are to''serve `all the existing and potential users, to improve safety and to serve all attractors and generators with direct, non circuitous routes. Opportunities and constraints for routes selection weredetermined via extensive field reviews, analysis of existing bikeway locations, and other sources such as aerial photographs, collision histories, review of existing planning documents, input from area bicyclists, and analysis of attractor and generator locations. 3.1.1 Type of Bicyclists In developing a bikeway network, the primary objective needs of all types of bicyclists. There are many types of and willingness to ride in traffic. These range from the e adult cyclist to the child cyclist. There are many, gradatic confidence and just as many opinions as to What makes a experienced cyclists avoid separate bike paths": cyclists will ride in bike lanes Ohly...,if parallel residential Children also have special needs: 3.1.2 Trans Dortatron'versus Recreation :engineer one that will serve the yclists with varying levels of skill , rienced. adult cyclist to the casual of cycling competency and seal bike route. For example,. some khare`the roads with cars. Other Js are unavailable. The bikeways of the Cupertino Bicycle Transportation Plan do not distinguish between routes used primarily for transportation and those used for recreation, since many routes are used both for commuting and for other transportation purposes. It is acknowledged that some routes may be more often used for transportation than recreation or vice versa. This is accounted for in the prioritization criteria discussed below in Section 3.6 Bikeway Prioritization. It is also acknowledged that some funding sources are exclusively for transportation bicycle facilities. The recreational trails included in this plan will provide a completely separate right of way for the exclusive use of bicyclists and pedestrians. Bicyclists will need to observe reduced speed 28 February 2011 13 of 67 Bicycle Transportation Plan 901 limits to avoid colliding with walkers, joggers, and those on roller - blades. These trails provide improved commuting access to places of employment as well as an enjoyable source of family - oriented recreational activity. City engineers and planners, in charge of the design and construction of the trail system are strongly encouraged to consult with the Commission during the planning phase of these projects. 3.2 Bicycle Technical Guidelines The Santa Clara Valley Transportation Authority's Bicycle Technical Guidelines (BTG) present standards and guidance for planning, designing, operating, retrofitting and maintaining roadways and bikeways. They are intended to improve the quality or bicycle accommodation and to ensure countywide consistency in the design and construction of not only bicycle projects but all roadways. Bicycles are permitted on every roadway in California accommodation for bicycle and pedestrian access. Mc intended to aid Cupertino in providing a high quality.4 facilitates and encourages the use of bicycles as an roll The BTG draw from state and federal design manuals, burden on member agencies. The BTG also highlights in order to share information among peerg.. and to foster 3.2.1 Traffic Signal Detection Bike loop - detectors should be maintained to sense the p. Poorly maintained detectors lead. bicyclists to utilize pec inconveniences bicyclists and causes additional delay at creates safety issues. bicycle bridges without ;lines are y to present an additional s used by member agencies throughout the county. ,yelists at traffic signals. buttons, which , or run lights, which 3.3 Bikeway Classifications Chapter 1004 of the Caltrans Highway Design Manual describes three types of bicycle facilities: The Class IBike Path, the Class II.Bike Lane, and the Class III Route. • Class Bike Paths provide a completely separated right of way for the exclusive use of bicycles and pedestrians with cross -flow minimized. • Class H Bike Lanes provide a striped lane for one -way bike travel on a street or highway. The bike lane is for the exclusive use of bicycles with certain exceptions: for instance, right turning vehicles trust merge into the lane prior to turning, and pedestrians are allowed to use the bike lane wheii there is no adjacent sidewalk. G ® Class IH Bike Route provides for shared use with pedestrian or motor vehicle traffic and continuity,among bikeways. In the American Association of State Highways and Transportation Officials' Guide for the Development of Bicycle Facilities, Class III is called a Designated Shared Roadway rather than a Bike Route. Class HI has traditionally been used to designate anything from low volume residential roads that have no need for bike lanes to arterials with heavy traffic volumes where widening to provide bike lanes would be infeasible. Bicycle Transportation Plan 14 of 67 28 February 2011 369 In order to eliminate the resulting confusion over what a Class III route means, this plan subdivides Class III into two categories in order to more precisely describe the features of the bike route: the Class IIIA Shared Roadway and Class IIIB Bicycle Boulevards. This also helps to differentiate the various types of bicycle improvements envisioned for each roadway. o Class IIIA Shared Roadway is used where bike lanes or wide shoulders are not feasible due to right-of-way or topographical constraints. Bike lanes should be considered in any long -term reconstruction or redevelopment plans of the adjacent properties where a new roadway cross - section is possible. o Class IUB Bicycle Boulevards, now formally recognized are residential streets with low traffic volume where bicycle traffic is given the right-of-way wherever feasible. Additional detail regarding bikeway classification is availab 2 Santa Clara Valley Transportation Authority. (13 December 2007). Bicycle Technical Guidelines: A Guide for Local Agencies in Santa Clara County. Chapter 5, Section 8.2. 28 February 2011 15 of 67 Bicycle Transportation Plan 370 �� �� �� ,.��. ��,.� `.� 3'� ;e ^o .� W. M P- 372 1 49 O. F ..... nay. 7� I ! c' M T , yN I 2 k71 1 091 e", M-M (AW. AdM- tr-' mm I " *1 � � � \�\ \� \� ^� J2: �� 2« � \ � � � . � d� : , r Nfi k AL-7 6 W III . jffi - m E 1 0 _. of 11 room w ia i r a � k f- .� oil a Iii F -011 11 Aix ,. 1� A1=� GwgF �� ���. �.- k �. �- y �. �� .$ :� �� ��9 �� - , 0 M 4_6 s IT T c ki jik I P; :- -'�; 0 si w .i v - . . r ill I wimp MI G MGM 6 TI i V 9 i �� - _ . ' -- i =� " 1�; �� �s -.... - .J N ,. .& �n ��. i ` j ..__�,� ,f i . � I �� i ,� i I � r? �A .'' .. _ - _ __ __ _ r � :a d ,9 i i .C. i Ad wl .......... - V�m l . . . . . . . . . . Y II �I I 3,5 Bikeway Impiementation This section presents the implementation plan for the bikeway network for the City of Cupertino, It describes the components of implementation including general cost estimates, the prioritization criteria, identification of likely funding sources, and the ways the projects will become reality. 3.5.9 Process The actual implementation of this plan will occur incrementally in a projects will be incorporated into the Capital Improvement Program implemented as the CIP projects get funded. Other projects can be. maintenance and resurfacing operations. Development and redevele Cupertino will present the opportunity to implement some It is important, as part of these processes, to incorporate tb Bicycle Technical Guidelines into the City of CupertinaN construction standards so that we are assured of compl an( projects. Finally, outside funding can be obtained to finan projects, improvements, and programs. The most likely ft section of this chapter. 3.5.2 Cost Estimates of ways. Many )rocess and will be rated into regular in some areas of .dations of this plan. of the VTA's ir ordinances aid Public Works consistency in all future .design and construction of sources are addressed in the last The cost to implement the projects presented in` "Recommended Bikeway Network" was developed in conjunction with City staff. It should bexecognized that unit costs vary considerably depending on the size of the job anal the location For example, the unit cost of striping only 1000 linear feet can easily cost two to three times that of a 15,000 -foot project. Pavement widening costs also vary considerably depending on the terrain and other variables such as presence of utility poles, drainage ditches, and.. Costs for materials can fluctuate considerably due to the imp act of,global, markets. The cost estimate for each route segment, as well as the total... summarized in the table below'in Topic 3.6.2 Bikeway Priority 3.5.3 Route Prioritization Criteria Before any projects identified in this plan can be implemented, they must be prioritized. An objective set o£ criteria is essential to avoid controversy among various project proponents as well as to efficiently respond to funding applications. The prioritization criteria presented below were derived from criteria specified by various funding sources as well as knowledge of bicycle planning obtained from previous studies. The criteria used in three common funding sources are presented below as background information to the presentation of the prioritization criteria used in this study: • Bicycle Transportation Account • Transportation Development Act Article 3 • Proposition 116 3.5.3.1 Bicycle Transportation Account Will the project be used mostly by bicycle commuters? Does the project have the potential to increase bicycle commuting? Is the project the best alternative for this situation? Will the project 28 February 2011 35 of 67 Bicycle Transportation Plan 390 improve continuity with existing bikeways? Will the project provide a direct route to activity centers? Is the project consistent with the City's Bicycle Transportation Plan? 3.5.3.2 Transportation Development Act Article 3 The Metropolitan Transportation Commission (MTC) processes each county's applications but gives great leeway to each county to prioritize its own projects. Thus, MTC does not apply criteria directly to the projects. However, its application sheet identifies the following evaluation criteria: • Elimination of problem areas • Access to or bicycle parking in high activity areas • Bicycle /transit or pedestrian/transit use • Continuity of longer routes • Local support 3.5.3.3 Proposition 116 Many bikeway proj ects throughout the state were funded using Proposition 116 funds. Although Proposition 116 funds have all been allocated, the criteria used to allocate these funds were: • Need, with three subcategories: solves problem areas, servesbicycle commuters and best alternative • Convenience, with four subcategories: removes obstacles /gaps, direct route to activity centers, links activity centers, promotes intermodal trips • Safety, with three subcategories: eliminates hazards, improves personal safety of bicycle commuters, reduces theft • Funding Considerations,. with three subcategories-.. comparative costs, other funding sources, and ongoing financial support • Support, with two'subcategories: letters of support and public participation • Safety • Connectivity • Commuter Transportation Trips • Local Support Bicycle Transportation Plan 36 of 67 28 February 2011 391 3.6.1.1 Safety Projects that directly or indirectly improve a safety problem or obstacle including railroad tracks, drainage grates, inconsistent shoulder widths, streets with limited sight distance, etc. shall have priority. Other rationale considered is the following: • Routes with high vehicle volumes or high speed have greater potential safety conflicts and thus should have higher priority. • Routes or locations with high accident history (such as bike -motor vehicle, single bike, bike -bike, or bike- pedestrian) should have priority. • Routes with narrow lanes or shoulders for bicycles to ride have greater potential safety conflicts and thus should have priority. 3.6.1.2 Connectivity Connectivity is important and projects that enable direct travel and that serve the; most numbers of bicyclists are rated higher than others. Routes that provide access to mayor activity centers facilitating the use of the bicycle for transportation should be ranked higher. Connectivity does the following: • Closes gaps between two streets or otherwise reduces or eliminates circuitous travel • Facilitates commuter and utilitarian: trins 28 February 2011 37 of 67 Bicycle Transportation Plan 392 3.6.2 Bikeway Priority 1 Foothill Blvd between Creston and Santa Lucia Rd 2 Palm Ave —Mira Vista Rd— Janice Ave 3 Orange Ave —Fort Baker Dr— Hyannisport Dr 4 Mary Ave —De Anza College — McClellan Rd 5 Stelling Rd between Homestead Rd & Rainbow Dr 6 Greenleaf Dr— Valley Green Dr— Bandley Dr 7 Blaney Ave between Homestead Rd & Bollinger Rd 8 Portal Rd between Merritt Dr & Wilson Park 9 Miller Ave —Wolfe Rd 10 Tantau Ave—Barnhart—San Tomas Aquino Trail 11 Stevens Creek Recreational Trail 12 Alves Dr— Bandley Dr— Lazaneo Dr— Forest Ave — Amherst Dr 13 Greenleaf Dr— Manani Ave — Merritt Dr "Portal Ave 14 Rodrigues Ave — Wilson Park... intergreen —Cold Harbor Ave — Vicksberg —E Estates Dr— Creekside Park —Phil Ln — Barnhart Ave 15 McClellan Rd between Foothill Blvd & De Anza "Blvd 16 Rainbow Dr between. Bubb Rd & Stelling,Rd 17 Stevens Creek Blvd —San Antonio Count =Park Bicycle Transportation Plan 38 of 67 Medium Medium High High High Low Medium High High Medium Medium High Low Low 28 February 2011 393 With the growing densification of Silicon Valley, and its dependence on automobile use as a primary source of transportation, cities and towns throughout the valley are seeking solutions to a looming transportation crisis. Transportation Demand Management (TDM) programs have been implemented by state and local governments and private industry to encourage carpools, vanpools, train, bus and light rail transit. But, at the end of the day, traffic congestion reigns supreme owing to the abundance of single occupant vehicles. Bicycle commuting is an underutilized opportunity and is often overlooked for attaining significant reductions in traffic congestion. The use of a bicycle for commuting, utility, and recreational since the dawn of the 10 -speed revolution in the early 1970s. was followed by the development of rugged off-road bikesat triggered enthusiasm for long distance cycling, mountain bik recreational riding. The bike rage likewise spawned the form regional bicycle coalitions and the rebirth of the League; of A established in 1880 and now known as the League of Americ Bicycling for commuting and utility pi Francisco Bay Area in recent years, wi Stations to support and applaud the coi Caltrain, BART, and local transit has r commuters. Likewise, the signing and bike detection devices at signaled inter cyclists and motorists to share the'road cross - country bicycle corridors, ar d 4h yes. has steadily increased initial eagerness for road bikes it weialtroad bikes that road racing bicycle touring and n of local bicycle clubs, ican Wheelmen that was )ses has gained a good deal of publicity in the San vents such as Bike to Work Day that feature Energizer utmg cyclists. Demand for improved access to lted.. in positive changes for multimodal bicycle inirtu of bike lines and routes. and the installation of the readiness of both efforts to link local bikeways into a system of of VTA's Bicycle Technical Guidelines in the design and constructrokof bicycle related projects; s also encouraging bicycle use. 4.1 City. - Sponsored Programs The City of Cupertino has set an example by promoting utilitarian bicycle use among its own employees: A program of providing a City employee bicycle pool, similar to a pool of city motor vehicles, is currently'being implemented. The City offers a short bicycle safety course to employees before they can participate in the program. In addition, the City should consider encouraging cbm,m. uting bicyclists to form or join a local bicycle club. Additional bicycling encouragement could be supported through the following events or activities: • Big Bunny Ride ® Free Basic Bike Repairs • Bike Festival e "Green" or "Earth Day" • Bike Races • Healthy Living • Fitness Themes • Safety Classes 8 Victoria Transport Policy Institute (26 October 2009). TDM Encyclopedia "Commute Trip Reduction (CTR)." Retrieved 15 November 2009 from http:/ /tiv%N 28 February 2011 39 of 67 Bicycle Transportation Plan 394 4.2 Bicycle Commuting Programs According to the 2000 Census 0.6% of Cupertino residents bicycle to work. Countywide 1.2% of the residents bike to work, which is slightly higher than the Bay Area average of 1.1 %. The Santa Clara County bike commute modal split is skewed by the presence of Stanford University. Stanford University has an extremely high bike commute rate of 42.4 %, which influences the adjacent City of Palo Alto with a bicycle commute rate of 5.6 %. Excluding these two locations, the county average would be 0.8 %. Therefore, Cupertino is a fairly typical Santa Clara County suburb". The bike commute rate is affected by a number of external factors including`the presence and quality of bicycle facilities and roads in general, the number of households with access to a motor vehicle, and the distance residents live from their work. With ft. implementation of the bikeways, facilities, and improvements provided within the past 10 years, it. is estimated that the bicycle commute share for Cupertino could double from the 2000 census with the 2010 census figure. A Cupertino study of 2007 bicycle commuting along both Stelling Road and Foothill Expessway at 1 -280 reported 580 trips or 290 bicycle commuters.(a person who commutes by bicycle, especially between home and work or school) between 7 a..ru. and 6:45 p.m. The VTA reports that bicycling commuting 13 has grown by a 9.8 percent Annual. Growth Rate since 2007. As a result, we might expect that there are now approximately 350 bicycle commuters traveling daily across I -280 and, given implementation of the proposed bikeways in this Plan, it is expected that this trend will continue citywide. Further bicycle countin along Stelling Road, Foothill Expressway, and along all major corridors thtoughout Cupertino is recommended to establish a baseline and confirm trends in bicycle commuting.' Promotional programs: encouragingMcycle commuting are sponsored by a broad cross - section of employers, ranging from business acid industry to schools, universities, and local governments. The most successful programs result from..collaboration between the public and private sectors. The specifies of each,prograin differ based on the potential audience, but experience has shown that an effective Bicycle Promotron:.Program must include the following elements: ® Identification of the many benefi ts of bicycle commuting Incentives to reward the use of a bicycle as a commuting vehicle Recognition, and support from the program's sponsor for each individual who commutes by bicycle 9 City of Cupertino. Facts & Figures Retrieved 16 November 2009 from littp://v, 10 Metropolitan Transit Commission Bicycles/Pedestrian Regional Planning Retrieved 16 November 2009 from bttp: / /www. mtc. ea. gov /Planning /bicyotespedestri ans /region al.htnl 1 Association of Bay Area Governments Bay Area Census Retrieved 16 November 2009 from http: / /www. baya re,icensus. ca. gov /transp ortation. htm #commuting 12 Traffic Data Services. (17 September 2007). Foothill EU and Stelling Road Bicycle Trips. 13 Santa Clara County VTA. 2007, 2008, and 2009 VTA Monitorin & Conformance Reports. Bicycle Transportation Plan 40 of 67 28 February 2011 395 4.2.1 Bicycle Commuting Campaigns To help bicycling become a more common option as a means of alternative transportation, the availability, feasibility, and benefits of bicycle commuting must be known. Many people are unaware of the opportunities that bicycle commuting can provide. An extensive advertising campaign must be developed to get the message out. The actual components of this campaign will depend upon what group is being targeted; that is, employers, city officials, city employees, students, or the general public. A campaign will be most successful if it is tailored to a specific group, and can address both the questions and doubts of that group. This campaign should include information about monetary, bicycle commuting. It should also address and attempt to di to bike commuting. Many of the TDM programs currently i events, and workshops to educate potential bicycle commut on what kind of bicycle and other equipment is needed, whe located, where bike shops are located, and the available tran maps, safety information, effective - cycling pamphlets .and fl be distributed in employee paycheck envelopes or mailed wi population of a city, county, or region. Some of the existing programs go even further w These networks can be used by the potential. bicy routes are for their personal needs, to locate expe willing to advise and escort them during their firs and activities are coming up The Bay Area's M+ provides this service for potential bicycle comma on bridges and transit throughout the area. Togel (SVBC), MTC is the sponsor..ing agency for Bike each year, in Santa Clara County. ``Wbrmational provide a 1 and health benefits of the perceived obstacles affect use newsletters, special Information should be included safe and secure bicycle parking is access options Bi'eycle route rs of upcoming bicycle events can utility bills to reach the tcyclists information network. to learn what the best commute ced bicycle commuters in their area who are cycle commutes, and to find out what events nolitan Transportation Commission (MTC) including information about bicycle access with the Silicon Valley Bicycle Coalition Nork Day, which is held in raid -May of sites are available Many people 'are unaware of the opportunities'that are available today to combine transit with the bicycle cotrmute. Santa Clara County, transit buses have front - loading bicycle racks, and both Caltrain and VTA Light Rail have special racks or compartments for carrying bikes. Many Caltrain and BART Stations.have bicycle lockers available for rent. In addition, the VTA has smart e- lockers at 12 of its light -rail stations, which are compatible with those located at several BART stations 4.2.2 Incentides't© Use Bicycle Commuting Many of the existing TDM programs use monetary or other incentives to lure the prospective participant out of their single- occupant - vehicle and into a carpool or transit. Many TDM programs include similar incentives for bicycle commuting, but these can often be expanded using the existing transit and carpool incentives as a guideline. The most effective incentives for bicycle commuting currently include the following: 14 Metropolitan Transit Commission Website at hgp: / /Xvww.51 I.QM and the SVBC Website at httt): / /wtvw.b ikes ili toms] [ ey. o1 28 February 2011 41 of 67 Bicycle Transportation Plan 396 Boltage: Two schools in Cupertino participate in the Boltage program, which is an incentive to encourage children to bike or walk to school. The program incorporates a machine called the Zap, which is a solar powered, wife internet enabled Radio Frequency Identification (RFID) reader. Children get a RFID tag that attaches to their school backpack, and the Zap reads their unique number when they go past it at the school. The Zap makes a sound and flashes a light that indicates a biking or walking child has been counted. Subsequently the Zap connects to the internet, and uploads its daily counts. Each child and school has an account on a Website that collects each h participating child's trips, and the school can run reports to support their incentive programs. Bicycle Infrastructure: Good bicycle routes providing access to the locations frequented by the bicycle commuter are critical to an encouragement program. Bicycle;;route maps and identifiable route signs are necessary to guide the bicycle commuter new to the area.,, .Obviously, developing a bicycle route network to serve its employees is beyond the ability of the company to provide, and must be accomplished by local city and county governments. However.. can lobby the local agencies for improvements to bicycle access for its employees or;institute an "Adopt -a- Lane" program to construct, maintain or beautify bicycle facilities to thearea'. Interest and support by the business community in the bicycle as. transportation will serve to increase the interest and support of local governments and potential bike commuters. Parking: The provision of secure, protected, convenient and vexpensive bicycle parking is crucial to the success of bicycle commuting promotion. f6 Suit abI bicycle parking can be provided with bicycle lockers, bicycle storage rooms, locked cages, and "attendant parking. Allowing bicycles into the workplace is the Icast costly 'for the employer to provide. However, space is not always available in the workplace for the parking of bicycles, and often bicycles are not allowed into the buildmg;itself It may be necessary for the employer and employees to work with building owners /operators to negotiate for permission to bring bicycles inside or for a suitable bicycle storage room. A number of communities have modified their parking ordinances to include requirements for bicycle parking and/or showers and locker rooms. This normally is applicable to requests for hew building permits Cash Incentives Sever al. varieties of cash incentives to the employee to encourage the bike commute l were found in thus res ear ch.:As part of many TDM programs, a subsidy is given to employees,ho use transit or other alternative commute modes. Several companies have also made this 0. . ash dividend available to bicycle commuters for each day that they commute by bicycle. 17 Discounts or credits at bicycle stores and/or company stores and cafeterias are another means for providing an incentive to employees for their bike commute. 18 The City of Palo Alto 15 Boltage. "Technology "Retrieved 4 December 2010 from bttp: / /www.boltage.org is At Hewlett - Packard in Silicon Valley, over 140 bicycle lockers have been in high demand since they were installed; there is currently a waiting list for their use. At Adobe Systems in Mountain View, bicycle parking is available in certain stairwell areas. Parking is controlled by a formal posted policy approved by Adobe's Facilities and Security Departments and the city's fire department. These parking areas are kept organized with bicycle floor stands like those used for bike display in bike shops. Sun Microsystems, Palo Alto, and Walker, Richer & Quinn, hie. of Seattle both have secure bike storage rooms with card -key access. i7 Alza Corporation (Palo Alto), Cities of Menlo Park and Palo Alto, Apple Computer and General Electric (San Jose) employees are reimbursed $l /day for each day they bike commute. 18 Stanford University provides a yearly S70 voucher to any employee who does not buy a yearly parking permit good for bike services at the campus bike shop or for daily parking fees. The City of Palo Alto distributes monthly $20 vouchers for three local bike shops to any commuter who bikes 60% of the time. Fleetwood Enterprises in Bicycle Transportation Plan 42 of 67 28 February 2011 397 provides $20 per month (taxable income) to eligible employees who ride a bicycle to work. Companies have been very creative in their attempts to lure employees out of their cars. In some of these programs, companies provide company bikes for a trial commute by their employees. Other companies assist the employee in the purchase of a bicycle. This latter program as taken many forms, including reimbursing the employee for the purchase after commuting for a period of time, providing financing for a new bike, or offering an easy payroll deduction plan. Other possible encouragements might include paying employees for their bicycle commute time in excess of the time spent in the auto commute or giving bicycle commuters 15 minutes of additional vacation time for each day that they bike commute. A parking cash -out program is another opportunity to provide a cash incentive to employees while perhaps reducing costs to the employers. Under this program; the employee is able to "cash -out" their parking privileges and receive the cash - equivalent or transit pass equivalent of the parking spot. Employers who lease parking spaces for their;employees can reduce the number of spaces they require and pass this savings on to their employees "while promoting commute alternatives. Convenience Incentives: One of the primary obstacles transitand bicycle commuting is the perceived inconvenience factor. TDM programs have' addressed this concern with the Guaranteed Ride Home. In the event of sickness, family emergency, or even inclement weather, the bicycle commuter is provided with ataxi voucher or other means for a ride home. This is a small price to pay for the peace of mind of the employee and the increase in number of bicycle commuters. Many cities and companies provide fleet, bicycles for employee use during business hours. Shuttles between company facilities have also been._ improved'' to include bike racks. Fleet bikes are often also available for the employeeto use for their commute on a trial basis as discussed above. Other convenience incentives are on; -site bicycle'repair kits for flat tire and broken chain emergencies, on -call `repair. services with a local bike shop, flex hours so the employee can avoid rush hour or darkness, showers and locker rooms for clean -up and changing after the commute, closet space for storage of clean clothes and relaxed dress codes for bicycle commuters. 21 4.2.3 Support and Applaud Bicycle Commuting Endorsement of bicycle commuting by those in charge is a significant aspect of a promotion program Prospective bicycle commuters are more apt to try out this underutilized mode if it is acceptable to the supervisors, elected officials and peers. Organized and advertised rides such as "Bike or Walk to School Day' "Ride with the CEO," or "Ride with the Mayor" clearly Riverside gives its regular bike commuters a safety package including helmet, reflective vest, and headlamp. The University of California at bavis gives regular bike commuters discount bus coupons for non -pedal days. NIKE in Beaverton, Oregon, gives employees a $1 credit at company store and cafeteria for each bike commute day. 19 City of Palo Alto and Fleetwood Enterprises (Riverside) offer company -owned bikes for trial bike commutes. Fleetwood Enterprises and Rockwell international (Southern California) go even further by subsidizing the purchase of a new bike and helmet. 20. We were not able to find a cash -out program currently being used. Stanford University is evaluating the possibility of a cash -out program in the future. 21 Hewlett Packard has bike repair stations on site. Silicon Graphics provides bike repair service from a mobile provider. E University of North Carolina Highway Safety Research Center. "National Center for Safe Routes to School" Retrieved 15 November 2004 from l)ttp : / /www,walktoschool.orv/ 28 February 2011 43 of 67 Bicycle Transportation flan Ml Although Cupertino has neither Amtrak, Caltrain, nor light -rail service within its boundary, bicycle transport to employers, Caltrain, and light -rail is available from transit centers using the following VTA Bus Routes that originate, pass though, or terminate in Cupertino: 23 DeAnza College to Alum Rock Transit Center via Stevens Creek 25 DcAnza College to Alum Rock Transit Center via Valley Medical Center 26 Sunnyvale /Lockheed Martin Transit Center- Eastridge Transit Center 51 De Anza College to Moffett Field/Ames Center 53 West Valley College to Sunnyvale Transit Center 54 De Anza College to Sunnyvale /Lockheed Martin Transit Center 55 De Anza College to Great America 81 Weekday Vallco Shopping Center to San Jose State University Sat/Sun Vallco Shopping Center to Santa Clara Transit Center 101 182 The following is a list of some Cupertino employers Ravi commuters. Bicycle facilities include bike racks for ou s bicycles, employee showers, and lockers for employees t Highway 85 to Palo Alto IBM/Baily.: Avenue e facilities for their bike parking, lockers ' for storing and store clothing. Apple Yes Yes. Yes Yes Chordiant Software Inc Yes Yes Yes Hewlett- Packart Yes Yes Trend Micro Inc Yes Yes Sugar CRM Yes Yes Yes BYS Restaurant &Brewery Yes Yes Target Y.es . Yes Whole Food Market Yes Yes N u metri cs . Yes Yes Elephant Bar Restaurant Yes Figure 4: Major Employers with Commuting Bicyclists' Facilities The person leading a bike - commuting effort should be a member of City staff, preferably the Employee Transportation Coordinator or Bicycle Coordinator. A most imperative element to the success of this program is to have the support of key City officials. The City needs to continue to demonstrate its enthusiasm and support of bicycle commuting. Every department must have a 28 February 2011 45 of 67 Bicycle Transportation Plan X11 green light to prioritize bicycle commuting as a viable solution to traffic and parking problems. A commitment from Cupertino to improve safety conditions; for example, provide bike routes, remove traffic obstacles, and prosecute both motor vehicle and bicycle traffic offenders, and to provide secure parking is crucial to this endorsement. It is also important that the public see that both Cupertino and city employees take the lead in demonstrating the positive aspects of bicycle commuting by doing it themselves. Initially, a bicycle promotion program should be targeted at the largest employers within Cupertino while also participating and serving as a role model. The bicycle promotion program can be incorporated into an existing TDM program especially for companies with over 100 employees, which are mandated by some state laws to have a TDM program to promote alternative modes of transportation. To achieve the greatest response possible, it is imperative to Cupertino and each company to support and participate in bi Transportation Coordinator (ETC) at each company will be 1 commuting a success, since they are the individuals. designat commute alternatives. The ETC will be able to' mplement c bicycle events and other tactical program elements of the bic human resources or benefits manager is another good source and information and may serve as the program leader for tho Involving the CEO or President, Mayor, and City Council w gain immediate attention throughout the organization.. The following topics serve as supporting commuting program: • Employer R • Commuting key decision- makers at le commuting. The Employee key person in making bicycle at their comnames to promote flings, on -site rofran. The distributing promotion materials ompanies without an ETC. At the pace for the program and a successful bicycling Bicycle Education and Safety The "Cupertino Bicycle Safety Week" • White Bike Program • Worksite Improvements • Bicycle Hotline • Incentive Programs • Media Camnaismc 4.3.7 Employer Resource Kit An example of an.Employer Resource Kit should be prepared by the City of Cupertino to assist companies in shapng their bicycle promotion programs. The information kit should include: • Text for a letter from the CEO or President explaining the purpose of the outreach campaign that urges employees` to consider the bicycle when making commute choices. The eompany can use the text, fill in the correct name, and distribute at the program's kick -off. • Articles about bicycling as a great commute alternative. These stories can be used in company newsletters, as well as all -staff memos, bulletin board fliers or any other outreach method in place at the company, • A list of programs and events for use in the company's program. The list will provide details of existing events as well as new programs that could be implemented. City - sponsored events should be included in this list. Bicycle Transportation Plan 46 of 67 28 February 2011 401 • A resource list detailing sample bicycle promotion programs, resource centers for bicycle promotion assistance, and local bicycle coalitions. This list will be invaluable for the companies that may not be aware of the benefits of bicycle commuting. • Route maps showing the best bike commute routes in Cupertino to be distributed and posted. • Bicycle Safety and Road Sharing Brochures developed through the education program discussed in "Bicycle Education and Safety." • A list of Local Bicycle Stores for employees to find the correct equipment for their bicycle commutes. 4.3.2 Commuting Events and Activities Special events to highlight efforts to promote bicycle c program and provide an opportunity to educate bicycle employees to consider bicycle commuting and put pote commute by bike. 4.3.3 White Bike Program This program involves distributing a fleet of bicycles around simply find a bicycle, ride it to their destination, and leave it 4.3.4 Bicycle Hotline vill`helg direct attention to the Events-will motivate in touch with.neers who community. Potential users someone else to use. A telephone number, the City's Website, or aii email hotlme;for reporting potholes, missing bikeway signs or other bicycle related hazards could be provided. Such a system could also be expanded to provide bicycle safety; maps, and news on upcoming events such as those of both Mountain View and Sunnvvale 4.3.5 Media Campaigns Television, radio public service announcements, and the internet can help reach a broad audience that highlight local bicycling newsand upcoming cycling events. 4.3.6 Bicycle Education and Safety Discussions and demonstrations can be held during the lunch hour at companies, schools, and elsewhere to address. "how to" issues and safety concerns. Speakers and instructors can be coordinated through the Silicon Valley Bicycle Coalition or the Commission. 4.3.7 The "Cupertino Bicycle Safety Week" This weeklong event can promote the benefits of bicycling to a wide audience and for the full range of trip purposes; for example, commuting, recreation, or running errands. Programs in the 23 City of Mountain View - Bicycle/Pedestrian Advisory Committee. Bicycling in Mountain View Retrieved 11 November 2009 from http: /hvww.niouiitainview.s4ov /services /leans about our ® city /bicycling in mountain view.asp 24 Sunnyvale Bicycle and Pedestrian Advisory Commission. Bicycling in Sunnyvale Retrieved 11 November 2009 from bttp: / /su inyyale.ca.�ov /City +Cotincil / Boards +aor issionsBicycle +and+PED/ 28 February 2011 47 of 67 Bicycle Transportation Plan 402 schools can be coordinated as part of the program. This event can culminate in the "Bicycle Commute in Cupertino Ride ", one evening bringing together all the participants. This event is a perfect opportunity for folks who haven't been on a bicycle in years to rediscover the joy of riding. This ride is not intended as a race, but as an opportunity for the participating "bicycle - commute teams" to compete against each other to see who will have the highest number of riders. The winning teams can be awarded a trophy and discount coupon to a bicycle store. The goal is for each participant to have a fun, non work - related event combined with an enjoyable bicycle experience. As a result, some of the participants might consider bicycling as a viable commute alternative. To maintain interest and attention on bike commuting after the `Bicycle Safety Week" is over; a monthly or quarterly City ride should be organized. These rides would be supervised and designed with clear safety guidelines and a pre - determined route. Or'a Bike Day can be instituted on the third Thursday of every month on which everyone is encouraged to only ride his or her bike. 4.3.8 Worksite Improvements Companies that currently don't have a suitable park - and' -lock area for bicycles should be encouraged to identify and designate such an area. Employees will be more likely to ride their bicycles to work if they have a safe space to park. 4.3.9 Incentive Programs A growing number of companies across the promote bicycle commuting, In October 200 which was included in the O>ama:administra tax credit of $20 per Month per companies are pressing forwarc food company Cliff Bar in Berl bike if the employee pledges !to process of writing the particula spur a significant increase in bi regional programs de er in this chanter, but encourage • Bike purchase • Cash dividend • Credit of work offer act e offering incentives to their employees to egress passed the Bicycle Commuters Act, bailout plan. The act will give companies a beginning in January 2009. Many ling commuting. One such company is the .ch "employee $500 to either buy or repair a mum of twice a month. The IRS is in the tax code, which upon publication is likely to .ed to encourage and reward bicycle commuting were summarized here as a reminder of the many ways to vacation time • Discount coupons or credit at bike store, company stores, and cafeterias • Fleet bicycles for day -use or bike- commuting • Flexible work hours • Guaranteed ride home • Mileage reimbursement for company business travel by bike • Monthly drawings for cash or prizes • Relaxed dress codes • Repair kits /on -call repair services • Showers and clothing lockers on -site or at a nearby health club 25 The National Center for Bicycling & Walking. The Bic cle Commuter Act of 2008. Retrieved 18 Auguest 2009" from http: //ivww.bike alk, .ora /bea.plav Bicycle Transportation Plan 48 of 67 28 February 2011 403 4.4 Types of Bicycle Parking Demand and Facilities To provide appropriate bicycle parking, the type of parking demand must be matched with an appropriate bike parking facility. Bicycle parking demand falls into three general categories: + Short -term of 2 hours or less Long -term of 2 hours to full day Overnight of one night to two weeks or more Bicycle parking facilities also fall into three general categories: Class I Facilities are intended for long -term parking and its individual components and accessories from theft. Th from inclement weather, including wind- driven rain + Class I1 Facilities are intended for short -term user can lock the frame and both wheels with accept a U- shaped lock. + Class III Facilities are intended for short -term parking user can lock the frame and both wheels with a user -pro sheltered from rain, if possible. Further detail about bicycle parking facilities is available in 4.5 Matching Demand with Facility Type to protect the entire bicycle or acility also protects the cycle a stationary object to which the J lock. A Class Il,facility must a stationary object which the 1 cable or chain and lock, Appropriate type of parking facility ;Short -term parking demand can be accommodated by properly designed and located bicycle rack's. Racks should at a minimum be able to support the weight of the, bike by its frame: (not just its wheel) and at least one wheel and the frame should be able to be locked to the rack with a U -type lock or chain and padlock. In addition, wherever possible, providing bike racks inside of buildings, space permitting, is an easy way to dramatically increase the security of the parked bicycles. 4::5.2 Long -term Parking Typical Situation: Long -term parking is used typically by commuters and employees. Racks are notoriously inadequate because bikes parked for long periods are subject to theft, especially of their components, as well as to vandalism and wear and corrosion from inclement weather. Appropriate type of parking facility: Employee or commuter bike parking needs are best met by either supplying bike racks in a sheltered supervised location, such as parking garage with an attendant, in a locked room, nook, or cranny inside the building, or by bike lockers. 28 February 2011 49 of 67 Bicycle Transportation Plan M Each of these methods has advantages and disadvantages. For example, bicycle lockers in most typical applications are reserved in advance, usually by a key deposit and a monthly fee. Although many bike commuters are willing and able to reserve in advance and pay the fee to guarantee that they will have a safe and secure parking space, many are not able to do so due to shortage of space. Also, this rental system does not serve the occasional commuter or one who cannot, for whatever reason, pay to reserve in advance. 4.5.3 Overnight Parking Typical Situation: There are a few destinations where overnight bike 1 difference in whether a trip is made by bicycle. Typical examples are Stations. Although Cupertino has neither an airport nor a train station locations that might attract bicycle parking demand of one day; or mor addressed as needed such as the future transit center at Vallco Shoppi� unreasonable to expect passengers to leave their bicycles for days at a bicycle racks outside the station. Appropriate type of parking facility: Similar to may be even less able or wiling to comply with deposits, etc. 4.6 Recommended Bicycle The City's Municipal Code 19.100.040 specifies` requirements including bicycle parking. Bicycle developments and in commercial districts. Tahl.e required bicycle parking supply in terms of perce Class U. This method for calculating bicycle par, is required. However, it will be important not to parking requirements are reduced or waived. An requirements, is to base it directly on the size of tl those users'of lockers ig in advance, key egulations` for off- street parking ing is required in multi- family residential 00.04M: in the Code specifies the of required auto supply, either Class I or requirements works as long as auto parking e bicycle parking if for any reason auto . hate method of calculating bicycle parking ilding in terms of units or square footage Despite this` ordtnance':and: Cuperto'. s strict definition of bicycle parking types, there are numerous locations with o>iily bicycle racks or "wheel- bender" racks. All these are recommended to be upgraded to Class II or III parking. While comprehensive recommendations regarding the location of new bicycle parking facilities are beyond the scope of this study, the following are locations where the need for Class II parking has been identified by` the Commission: o Cupertino Crossroads ' • Marketplace • Cupertino Village Shopping Center • The Oaks Center • De Anza Center • Vallco Shopping Center • Homestead Square 26 City of Cupertino Municipal Code. "Chapter 19.100: Parking Regulations" Retrieved 15 November 2009 from httLj://www.cul)ertiiio.ore/index.asL)x'?page=807 27 Santa Clara County Valley Transportation Authority. (13 Dec 2007). Bicycle Technical Guidelines: A Guide for Local Agencies in Santa Clara County. Chanter 10 Bievcle Parking. Bicycle Transportation Plan 50 of 67 28 February 2011 Irking would make the irports and AMTRAK existing or future should be monitored and 7 Center. It is 405 In addition, a parking inventory conducted by the Commissioners should be consulted, and all locations with non - standard "wheel- bender" racks should be upgraded to Class II or Class M. 4.6.1 Bike Rack Placement Criteria The placement of bike racks is very important for three reasons: • To avoid adversely impacting pedestrian circulation, • To ensure that they can be used to their maximum design capacity, and • To have high visibility to deter thieves and vandals. The City parking ordinance specifies "Spacing of the bicycle units shall be figured on a handlebar width of three feet, distance from bottom of wheel to top ©f handlebar of three feet and six inches and a maximum wheel -to -wheel distance of six feet.- 4.7 Showers and Lockers In Cupertino, there are relatively few locations for employers and commuters to shower and change their clothes. Some employer sites have showers and lockers, including Apple. It is recommended that Cupertino consider an ordinance that requires new construction or the expansion of existing buildings to provide showers. 28 February 2011 51 of 67 Bicycle Transportation Plan M. 5 Education Unfortunately, too many bicyclists in the United States lack the basic skills or knowledge to safely ride a bicycle in traffic. Bicycle education programs are designed to increase bicycle safety by improving the ability of cyclists to ride with traffic as well as heightening motorist awareness. The difficulties faced in helping cyclists develop this skill and knowledge stems from the wide range of age groups that require this training and the necessity to tailor the programs for each one. For example, young children should be taught the basic rules of the road in conjunction with hands -on bicycling instruction. Adults benefit most: from a program designed to impart the responsibilities on bicycle riding, to demonstrate how to safely share the road with motor vehicle traffic, and to provide tips on the benefits and methods of bicycle commuting. Bicycle education programs should be directed at the o Child Bicyclists ® Adult Bicyclists Attempts by a community to provide all these is already overloaded: money and man -power are in short s reason, a community must explore all possible avenues in de education strategy. Public departments aisd agencics such as sheriff's office, community development, and scool district. Community and civic organizations, employers, local bustne be tapped as resources. Some of the most successful prograr. public agencies and private groups working together toward Officials iitely put stress on a system that in every jurisdiction. For this ng and implementing a bicycle planning, public works, st be brought into the effort. and cycling clubs should also e the result of coalitions of nmon goal. In general, bicycle education programs can be described as those which develop awareness and provide information, such. as Websites with safety and .route information, posters, brochures, and DVDs /videos (see Bike Hotline above },,and those that change behavior or develop skills, such as programs with on bike instruction, teaching adults who supervise children, and instructions for motorists, law enforcement and community events. Cupertino's City Website, htt : / /www.cu ertino.6i and the Commission's Webpage, in particular, can reach most comm 44:. nembers by providing helpful online maps such as Suggested Routes to School instruction guides for tasks Tik& fitting 'a bicycle helmet, rules of the road, safety guidelines and techniques far riding in traffic, and so on. Additionally, placing general information on the basics of holding a Bike or Walk to School Day and linking to bicycling organizations such as League of American Bicyclists or Silicon Valley Bicycle Coalition educates prospective bicyclists of all ages and skill levels. The key to any bicycle education program is to reach the target audience; in other words; getting people to participate. Bicycle promotion programs, discussed in the following chapter, are intended to increase the community's awareness of the benefits of bicycling and can also serve to improve safety for bicyclists. As previously mentioned, bicycle education programs can take many forms and are generally directed at child and adult bicyclists and motorists, law enforcement officials or the community at large. Children are at the greatest risk for injury due to bicycle - related accidents. Therefore, 28 School bicycle -route maps are being developed as the Coinlnission works with other commissions and schools to deploy them. Bicycle Transportation Plan 52 of 67 28 February 2011 407 children tend to receive more attention with bicycle education strategies than adults, motorists, and law enforcement officials. The following sections will include discussion of the characteristics of the bicycle education programs most suitable for each group listed above. 5.1 Chard Bicyclists Most bicycle safety efforts target elementary school -aged children and their parents. Programs for beginning bicyclists, between the ages of five and eight, focus on parents and the role they play in selecting the proper size and type of equipment, in supervising their child's use of that equipment, and in teaching the basic mechanical skills needed to start, balance, steer, and stop a bicycle. Parents may be reached through parent - teacher associations and children through programs sponsored by schools, day care centers, local parks and recreation departments, summer camps, and boys and girls clubs. Children pose a special safety problem as they learn to ride rules, look for traffic and use hand signals are not second: n Bicycle education programs should start early as children It grow to focus on the needs of each age group. There iis.a ci integrating traffic skills defined by children's development are most at risk for crashes and injuries on the other end. ten are the optimal target for learning how. enter and exit to the side while riding straight; and communicate and cool Bicycle education programs directed at children sl road and training to develop the skills necessary to has traditionally taken place in the schools Cuper rcles. Learning to ride by the these skills must be taught. to ride and be modified as they indow for learnurg and and and the age at which they between the ages of nine and lway; scan ahead, behind and ith other road users. instruction on rules of the le education for children the Santa Clara County Sheriff's Office, West Valley Division, for law enforcement services within the city. Two of the deputies assigned to Cupertino are` School Resource Officers that hold bicycle safety lectures at each elementary and `iniddle school in the city. During the 2009 -2010 school year, a total of 6800 Cupertino students participated in Bike Safety or Bike /Pedestrian Safety educational programs, bike safety Jectures were given to individual Cub Scout and Boy Scout Troops (each troop consisting of 10 20,,boys) from Eaton, Regnart, Sedgwick, and Stevens Creek Elementary Schools., and Monta Vista High School, and, as a final measure of bike safety, the Cupertino School Resource Officers conducted'a booth at the Cupertino Fall Festival. In the past, Cupertino Union School District has contracted with the bicycle education organizations Safe. Moves and ALTRANS, short for Alternative Transportation Solutions, to conduct programs for the elementary and junior high schools. Safe Moves provides a hands -on bicycle training program and'ALTRANS focuses on encouraging students to use alternative means for getting to school such as walk, bike, carpool, and transit. Classroom and assembly presentations are reinforced with newsletters, trip planning services, and poster contests. Parent - teacher organizations at some local schools sponsor bicycle training and education programs for students during the school year. 5.1.1 Educational Elements Bicycle education for children should include the following educational elements: kindergarten through third grade, fourth and fifth grades, middle and high school, and university. Kindergarten through Third Grade 28 February 2011 53 of 67 Bicycle Transportation Plan = Off -bike programs to teach pedestrian and bicycling safety education. Fourth and Fifth Grades On -bike programs to teach bike - handling skills such as bike rodeos, which usually consists of a bicycle safety clinic featuring bike safety inspections (and optional quick tune -ups), and a safety lecture about the rules of the road (10 to 15 minutes). This is followed by a ride on a miniature "chalk street" course set up in a parking lot where young cyclists are shown where and how to apply the rules Middle School and High School Education at this level can cover commuting as well as recreational uses, touring, and racing, which can be conducted by volunteer cycling advocates. High schools; can include bicycle education as part of driver's training courses. Effective Cycling 30 (developed by the League of American Bicyclists) should serve as the foundation for training ..cyclists to ride safely in traffic and on the road. Local Universities Promote cycling on campus and introduce Effective Cycling as a physical education` course (similar to racquetball, tennis, etc.). Professor William Moritz at the University of Washington has'proposed that "the one -shot method of Driver's Ed at on for high school sophomores be replaced with a curriculum that spans most of there primary and, secondary school career. Four major areas of instruction would be taught at four stages of the students' development. In grades K -3, students would learn basic pedestrian skills, stranger danger, crossing residential streets using pedestrian push buttons, taking a school bus, etc. Older students in Grades 4 to 5 are ready to1earn bike safety and handling skills, including bike operation on streets with supervised bike rides . on neighborhood streets. (This is being done in many states including Hawaii, Montana, Florida, and North Carolina.) Later, in Grade 7 -9, they would learn basic nobility skills regarding how to get around town including using transit for utilitarian and recreational trips (how to read a bus schedule, execute a transfer, take rapid transit), and more on safe bicycling practices. By the time students reach Grade 10, theywill have already become transit - independent and would be able to go places without having to be driven by someone. In tenth grade, students would take driver's education, but driver's education would include focused instruction on how motorists should interact with pedestrians and bicyclists, how to predict their movements, pass safely, learn when different modes have the right -of -way, etc." The Cupertino Library and Cupertino Department of Parks and Recreation have offered bicycle "driving" education courses for Middle School students to understand the rules of the road (rules for both bicyclists and motorists), equipment safety, and riding skills improvement. 29 Bicycle Life. Retrieved 24 January 2010 from littp : / /wNxw,bicyclingIife. cony /SafetySkiIls /Bieye]eRodco.litm 30 John Forester. (2001). Effective Cycling Cambridge: The MIT Press. 31 City of Berkeley, CA. (1996) Bicycle Plan "Chapter 5 Bicycle Education. and Safety" Retrieved 15 November 2009 from bttl2://wN 32 Elizabeth Rein (2008, September 20) City Library "Middle- School Bike Skills" 33 Jeff Ordway (2009, November 12) City of Cupertino Department of Parks and Recreation. Fall of 2009 Course Catalogue "Fundamental Bike Driving Education" (course identification 39736). Bicycle Transportation Plan 54 of 67 28 February 2011 e Additional information on education programs and relevant resources are included in Appendix D. 5.1.2 Bicycle Helmets Bicyclists under the age of 18 are required by California state law to be wearing a properly fitted and fastened bicycle helmet. Before 1994, when this law went into effect, over 25% of bicycle accidents involved head injuries. Of these, more than one -half were life threatening. Since 1994, bicycle fatalities for those of age 18 or less have dropped statistically to 41 percent; that is from a yearly average of 34 from 1991 through 1994 to an average of 20 fatalities per year from 1995 through 2007 Many communities have developed special programs to encourage` the purchase and use of bicycle helmets. Helmet companies and bicycle shops have offered discounts for community and school programs to provide helmets at little or no cost Helmet fitttng;and bicycle brake checks are provided by local cycling groups during Cupertino's annual Public Safety Fair. 5.2 Adult Bicyclists There are few materials and programs that focus on the at Effective Cycling suite of courses offered by the League i bicyclists have not had any formal bicycle education in el mechanical skills. At the same time, there are nlisconcep further challenge adult bicyclists' safety. For instance; so facing traffic, and it is still common to see a bicyclist at rz reflectors. Bicycle education programs developed for the about their rights and responsibilities on the road and tecl motorists. The course suite by: the adult education centers, Bike -to -Work Week'als events such lulu and far and creating 5,3 Mo the exception of the rican Bicyclists. Most adult i, outside of learning the basic tyths and outdated advice that eve a bicyclist should ride hout the required headlights and yclist need to educate cyclists for sharing the road with of American Bicyclist§ can be offered at bike shops, bike clubs, ,,churches and community centers. Promotional events such as o provide;an opportuniry`to enhance bicycle education and encourage ad. Although it is often difficult to get adults to attend classes, as charity bike rides, bike fairs, and bicycle rodeos are useful in lilies in more recreational surroundings. Bicycle commuting programs 's ma employers have been successful in educating adult bicyclists Motorists are probably the most group to reach with bicycle education. Existing motorist- oriented programms typically reach their intended audience only at specific points. Some amount of bicycle education is distributed during driver education courses, driver licensing exams and traffic schools for violators; but these events will only occur once every several years and are generally ineffective in changing driving behavior. 14 California Department of Health Services: Epidemiology and Prevention for Injury Control (EPIC) Branch. "California Bicycle - Related Injuries." Retrieved 24 August 2009 from http:/ �" vw. Uplications.dhs.ca.gov /epiedata /con /ST�bic cle.litin 28 February 2011 55 of 67 Bicycle Transportation Plan 410 Public awareness campaigns are most useful for educating motorists on how to safely share the road with bicyclists, while at the same time reminding bicyclists of their rights and responsibilities. Cupertino has joined the Street Smarts public education program that uses education to change behavior of motorists, bicyclists, and pedestrians of all ages. Street Smarts' focus is on five behaviors: red -light running, stop sign violations, speeding, school -zone violations, and crosswalk safety. Media campaigns such as Street Smarts, community events, and family activities can be useful in raising awareness regarding bicycle and motorist safety. Parents who attend bicycle education events with their children may learn something themselves about bicycle and motorist safety that can help to reinforce the safe cycling of their children. Bicycle Transportation Plan 56 of 67 28 February 2011 411 6 Enforcement To make bicycling safer, the Santa Clara County Sheriff's Department, from whom Cupertino receives enforcement services, must enforce traffic regulations for children, adult bicyclists, and motorists. If deputies are hesitant to cite bicycle offenders, especially children, the children and adult bicyclists might get the impression that they are not required to observe the rules of the road while on a bicycle. Accident analysis reveals that the majority of reported bicycle and automobile accidents are caused by bicyclists who failed to follow the rules of the road. The most common violations causing accidents are cyclists who ride on the wrong side of the road, cycle at night without lights, or are unpredictable as they proceed down the road. Consequently, enforcement should be viewed as an integral part of the bicycle education program, and as an effective way to reduce the frequency of bicycle and automobile`accidents. Cupertino School Resource Officers complete diversion Youth bike offenders. The class, which is a chance toed biking infractions, is usually held every two to three mol The class also encourages parents to attend so the class with half being parents. During the 2009 -2010 school ye In 1994, California made it easier to use enforcement as a biey Changes to the California Vehicle Code allow local authorities offenses in their jurisdiction. Previously, bicyclists were fined offenders. For example, a bicyclist running: a red light would r amount as a motorist In order for Cupertino's bi education on how best to a enforcement. The bicycle.; not excessive, and deputies Cupertino's bicycle traffic inform residents that bicvc The Santa Clara Cour Agencies have joined juveniles that;violate skateboards, gndped traffic diversion class officers, and are atte road, information on powerful speech, are juveniles on traffic s, involved injuries. for all Santa Clara County youth bike offenders of their a total of five to six times year. es in size from 15 to 60 attendees attended the diversion classes. education and safety tool. reduce fines for bicycle :lie same rates as motor vehicle ive a ticket for the same fine enforcement programto work effectively, deputies need offender and what violations should be earmarked for re should be reviewed periodically to ensure that fines are encouraged to impose them with sufficient regularity. rt program should be accompanied by a media campaign to ers will be cited, f's'Office along with other Santa Clara County law Enforcement to provide traffic school for youth. This program focuses on Vs, such not wearing helmets while operating bicycles or ) lations. Juveniles are encouraged to take this informative 2 -hour traffic ead of paying a fine. Classes are taught by deputies and local police bythe ticketed youth, accompanied by a guardian. The rules of the Trion traffic violations, and a survivor guest speaker who provides a sided as part of the class. The Sheriffs Office hopes by educating the , they will be less likely to re- violate thus reducing juvenile traffic- In the future, the Sheriff's Office may wish to look at expanding the traffic diversion class to motorists who cause bicycle- related accidents. They could also be sent to bicycle traffic school where they could learn how to safely share the road. Traffic issues at local schools are a high priority for the West Valley Patrol Division. The unpredictable nature of children makes it extremely important that drivers pay close attention to 28 February 2011 57 of 67 Bicycle Transportation Plan 412 their surroundings near schools. Deputies rotate among local schools during arrival and dismissal time frames, to promote safe motorist, bicyclist, and pedestrian behavior and to cite offenders. Several Sheriff's Deputies are on school traffic safety commissions in order to promote communication between parents, school staff, and students. As mentioned earlier, School Resource Officers speak at elementary and middle schools' bicycle safety assemblies each year. To enhance the observance of the traffic regulations by bicyclists, this plan would encourage that a selected number of the Sheriff's Department and Cupertino's Code Enforcement personnel be assigned to patrol the area by bicycle. Throughout the country, many. cities have demonstrated the effectiveness of community -based policing utilizing bicycles in place of patrol cars. Clearly, a deputy on a bicycle can speak with greater authority about unsafe cycling practices and code violations committed by bicyclists. Bicycle Transportation Plan 58 of 67 28 February 2011 413 7 ,Appendix A. Plan Conformance to Existing Plans Several existing and ongoing plans address bicycling directly or indirectly in the study area including county -wide plans and local plans. For example, the Countywide Trails Master Plan addresses the need for new and improved trails in Cupertino. These include the De Anza National Historic Trail, a recreational trail that will trace the route of the De Anza party in their overland march from Mexico to the San Francisco Bay, and the Stevens Creek Trail, a paved recreational trail leading from Stevens Creek Reservoir to the marshlands of the South Bay near Moffett Field paralleling Stevens Creek. Cupertino's Parks and Recreation Department has completed a portion of the Stevens Creek Trail as part of the upgrade of the Blackberry Farm facility. This is described in more detail in "Recommended Bikeway Network." The City of Cupertino completed an update to its 2000 -2020 defines the vision and strategy for the city. One goal is to lip integrated, cohesive, and walk -able community. Cupertino automobiles as the sole means of transportation within. its bo pedestrian and bicycle paths through new development prop between neighborhoods and shopping areas. The roadway. s; automobile and pedestriantbicycle needs. The County Congestion Management Progran Management measures to reduce traffic conge Valley Transportation Authority (VTA) buses has included Creekside Park, which has a bikc. neighborhoods to the park., in addition, a ped( Way (between 1 -280 and Bollinger),opened in their neighborhoods west of Lawrence Expres 2005. The plan )lve into a more to decrease reliance on private -ies. The city wants.to provide ,.and maintain safe bikeways will be balanced between addresses the need, for Transportation Demand dion and improve air'.quality. The Santa Clara . xe all equipped with racks. Local planning )edestrian bridge connecting the adjacent trian crossing of Lawrence Expressway at Mitty idinR school children safer access to The VTA approved a Countywide Bicycle Plan (C BP) in August of 2008. Cupertino's Bicycle Transportation Plan seeks to conform to the VTA CBP. VTA published an update to their Bicycle Techx icai Guidelines (BTG) in 2007.> As Cupertino implements projects in its bikeways network, the city.will use as. a standard VTA's BTG "best practices." The Complete Streets Act (California Assembly Bill 1358) was recently signed into law that requires citiesand counties to ensure .that local streets and roads meet the needs of all users: bicyclists, pedestrians and transit riders, as well as motorists. Beginning in 2011, revisions to the Cupertino General.Plan's circulation element may be needed to balance the diverse ways that people use streets within the city in conformance with AB1358. The Governor's Office;of Planning and Research (OPR) final update to the General Plan Guidelines was published and issued on 15 December 2010. Cities and counties will use these guidelines when updating the parts of their general plans that cover streets and roads. 35 Valley Transportation Authority. (August 2008). CoLi to ide,Bicycle Plan. Retrieved 3 January 2011 from litt : / /www.vta.or2�/schedules /bikeways plm.btnil " Valley Transportation Authority. (13 December 2007). Bicycle Technical Guidelines: A Guide for Agencies in Santa Clara County. Retrieved 3 January 2011 from http: / / iv�A w .vta.or,� , /schedules /pdf /btp- coWlete.lzdf 37 Stephanie Potts (2008, October 3). California Passes Complete Streets Law Retrieved 18 August 2009 from http:// coniuletestreets .or, /C.alifomiaCS.html 28 February 2011 59 of 67 Bicycle Transportation Plan 414 8 Appendix B. Bikeway Classifications 8.1.1 Class I Bike Path Class I Bike Paths provide a completely separated right of way for the exclusive use of bicycles and pedestrians with cross -flow minimized. Bike paths are an important component of every bikeway network. Some are long enough and well located enough to provide a car -free environment for a large portion of a bicycling trip. Other bike paths are used to close gaps in a route such as connecting two dead -end roads or traversing parks. Bike paths are popular with casual bicyclists and families with experienced bicyclists if well designed and located c their popularity with slow cyclists including families wit/ joggers, in -line skaters, parents with baby strollers, people usefulness of a bike path to cyclists who ride over I5 mpl fast on a bike path as they can on city roads. This is due; J the high numbers of slower users. they can be popular route. However, children and non - bicyclists such as walking their dogs, and so on limits Serious bicyclists can rarely ride as A to the design of the bike path and Bike paths should be designed in accordance with accepted design guidelines to account for all the other users. The width of the bike path'should be increased depending on the stratification of the users. The VTA's Bicycle Technical Guidelines should be consulted' for advice on bike path designs. 8.1.2 Class II Bike Lane Class II Bike Lanes provide a striped lane for one: -way bike travel on a street or highway. The bike lane is for the exclusiv..e use of Bicycles with certain exceptions: for instance, right turning vehicles must merge into the lanc prior to turning, and pedestrians are allowed to use the bike lane when there is no adjacent sidewalk. Bike lanes are recommIdlided when traffic volumes exceed a certain threshold; for example 4,000 vehicles a day. Below this traffic volume there should be adequate gaps in oncoming traffic for motor vehicles to safely pass bicyclists. The Highway Design manual. :specifies the minimum width for bike lanes under the following conditions: • Next to a curb, on=street parking allowed: minimum width is five feet where there is a vertical curb and the parking stalls are marred (or a continuous parking stripe is present). r . Where parking and/or turnover are infrequent and no parking stalls are marked, twelve feet is the minimum. • Next to a curb, on- street parking is prohibited: minimum width is four feet with the proviso that there is at least three feet to the longitudinal joint where the asphalt meets the gutter pan. • On roadways without curb and gutter, where infrequent parking is handled off the pavement: minimum width is four feet. Bicycle Transportation Plan 60 of 67 28 February 2011 415 • Bike lanes are not advisable on long, steep down grades where bicycle speeds in excess of 30 mph are achievable. Note: For greater safety, widths wider than the minimums should be provided wherever possible. The VTA Bicycle Technical Guidelines should be consulted for advice on when to provide the minimum or wider bike lane widths. 8.1.3 Class III Bike Route A Class IR Bike Route provides for shared use with pedestrian or motor,vehicle traffic and continuity among bikeways. In the American Association of State Highways and Transportation Officials' Guide for the Development of Bicycle Facilities, Class III is called a Designated Shared Roadway rather than a Bike Route. Class III has traditionally been used to designate anything from low volume residential roads that have no need for bike lanes to arterials with heavy traffic volumes where widening to provide bike lanes ; would not be feasible. In either case, bicycle usage is secondary. In order to eliminate the resulting confusion over what a Class III route means, this plan subdivides Class III into two categories in order to m ore > precisely . describe the features of the bike route. This also helps to differentiate the various types of bicycle improvements envisioned for each roadway. Class IIIA Shared Roadway The designation Class IIIA is used where bike lanes or. wide shoulders are not feasible due to right -of -way or topographical constraints. Bike lanes should be considered in any long -term reconstruction or redevelopment plans of the adjacent propertie where a new roadway cross - section is possible By their very nature, wide curb lanes and Class Mike routes require no special markings, and typically only bike route signs are installed. However these routes should be well maintained in terms of providing a uniforii paveirient.surface and frequent street sweeping. In addition, it is recouimended that Shared Lane Markings 8 be considered in the right -hand portion,of the lane. This would be used on roadways with heavy traffic volumes and narrow lanes. These stencils would be supplemented with the "Share the Road" signs currently used in Class IIIB Many of the roadways that have been included in the bikeway network are predominately residential roads Many residential roads make excellent routes because traffic volumes are low and speeds are slow. Bike lanes are not designated on streets with low traffic volumes, and residential roads often do not have adequate width for bike lanes. Some residential streets in Cupertino have existing barriers which limit the movements of motor vehicles; for example, southbound Tantau at Stevens Creek Boulevard, or Lazaneo Drive at Randy Lane. The barriers reduce motor vehicle traffic and make the streets more attractive as bicycle routes. However, some streets also have numerous STOP signs along the route which 38 California Department of Transportation. (Jan 2010). California Manual of Uniform Traffic Control Devices (MUTCD). Retrieved 3 January 2011 from http: / /iv�vw.dot.ca. Gov/ hq/ traffou s /sizntech /iiiutedsupp /ca n)Utcd2010.ht11 28 February 2011 61 of 67 Bicycle Transportation Plan 416 impede the travel of bicyclists. Removing STOP signs along the bike route helps to encourage bicycling provided cross traffic is required to stop. Streets that have low traffic volumes and few or no STOP signs make excellent routes for adults of all abilities and older children. (Palo Alto's Bryant Street was redesigned to have low traffic and few STOP signs and is now referred to as a Bicycle Boulevard. Bicycle Transportation Plan 62 of 67 28 February 2011 417 9 Appendix C. Bike Parking Facilities Bicycle parking facilities also fall into three general categories. Cupertino Ordinance 19.100.040 (0) addresses bicycle parking and defines the classes of bicycle parking as the following: "Bicycle parking shall be provided in multi- family residential developments and in commercial districts. In commercial districts, bicycle parking facilities shall be one of the following three classification types: Class I, Class II, and Class III." 9.1.1 Class I Facilities These facilities are intended for long -term parking and are to protect the entire bicycle or its individual components and accessories from theft. The facility also protects the cycle from inclement weather, including wind - driven rain. The three design alternatives for Class I facilities are as follows: • Bicycle Locker: A fully enclosed space accessible only by the owner or operator of the bicycle. Bicycle lockers must be fitted with key - locking mechanisms. • Restricted Access: Class I bicycle parking facilities located'within a locked room or locked enclosure with the roof accessible only to the owners and op e rators of the bicycles. The maximum capacity of each restricted room shall be ten bicycles. In multiple family residential developments, a common locked garage area with Class. II parking facilities shall be deemed restricted access provided the garage is! accessible only to the residents of the units for whom the garage is provided. ® Enclosed Cages: A fully enclosed chain link enclosure with roof for individual bicycles, where contents are.visible from the outside, which can be locked by a user - provided lock. This facility mayonly.bc used ''for multiple fam..ly residential uses. 9.1.2 Class 11 Facilities These facilities are intended fa r slort -term parking with a stationary object to which the user can lock the frame and both Wheels with a user.- provided lock. The facility shall be designed so that the lock;s from physical assault: A Class II facility must accept U- shaped locks and padlocks Glass II facilities must be within constant visual range of persons within the adjacent building and I... ated at street floor level. 9.1.3 Class III'' Facilities' These facilities are intended for short-term parking with a stationary object which the user can lock the frame and both' wheels with a user - provided cable or chain and lock, sheltered from rain, if possible. 9.1.4 Other Facilities Other styles of bike racks besides these three classes are still found in Cupertino. These styles, commonly known as "wheel benders" and defined as. Class III by some communities, support only locking one wheel. They are the type that were (and still are unfortunately) quite popular in 28 February 2011 63 of 67 Bicycle Transportation Plan HE school yards. They are never recommended except in guarded areas or locked cages or rooms, where they are used in Class 1 situations. Bicycle Transportation Plan 64 of 67 28 February 2011 419 10 Appendix D. Bicycle Education and Safety 10.1 Promotional Sources a 511 (Bay Area Transportation Information) Website: http: / /www.bicycling.51 Lorg Email: bikelea2ucab1*ke1ea .zue.ora links. a a cation ike this A urban 'cle a ety and Fax: (202)822-034 ® National Center for Bicycling and Walking [formerly the Bicycle Federation of America] Website: http: / /www .bikewalk.org Email: infogbiketivalk.org 28 February 2011 65 of 67 Bicycle Transportation Plan 420 Overview: Provide workshops such as Active Communities, Training the Trainer, Safe Routes to School, etc. Address: National Center for Bicycling & Walking Office of Administration & Finance 20 Crescent Shore Road Raymond, Maine 04071 Phone: (207)627 -9060 • Silicon Valley Bicycle Coalition Website: http : / /www.bikesiliconyallcy.org Overview: A leading local group that promotes safe bic trail connections throughout the Silicon Valley through Address: 84 W. Santa Clara St., Suite 330 San Jose, CA 95113 Phone: (408)287 -7259 • Traffic Safe Communities Network (Santa Clara Email: alice.matsushiiiia(da hhs.secLov.ora Overview: TSCN aims to prevent and save health case and property costs thrc areas are alcohol and impaired driving, Address: SCC Public Hea'. 976 Lenzen Ave., Room 1 San Jose, CA 95126 friendly roads and and injuries as well as tice approaches. Focus , and roadway safety. a Bicycle Transportation Plan 66 of 67 28 February 2011 421 Phone: (408)792 -3744 10.2 Funding Sources • California State Legislated Safe Routes to School (SR2S) Funds — available to cities and counties for capital improvements like pathways, bike lanes, traffic calming (with up to 10% for education, encouragement, and enforcement) • Caltrans Bicycle Transportation Account • Congestion Mitigation and Air Quality (CMAQ) for projects that reduce vehicle trips • Federal Safe Routes to School (SRTS) associated with SAFETEA -LU ® Federal Transportation Enhancements (TE), Metropolitan Transportation Commission's (MTC) Transportation for Livable Communities (TLC), <VTA Community Design and Transportation (CDT) • Santa Clara County School -Based Vehicle Emissions Reduction (SBVER) Program • Transportation Development Act (TDA) • Transportation Fund for Clean Air (TFCA) for projects.that have air quality benefits 28 February 2011 67 of 67 Bicycle Transportation Plan 422 OFFICE OF THE CITY CLERK UPERTIN CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: April 5, 2011 Subs ect Resignations of Fine Arts Commissioner Joelle Lieb, and Technology, Information, and Communications Commissioner William Allen. Recommended Action Accept resignations and, if the April 19 Council meeting is cancelled, direct staff to set the following deadlines: Application deadline: Friday, April 22, 4:30 p.m., in the City Clerk's Office Interviews: Tuesday, May 3, 5:00 p.m., Conference Room A Discussion Cupertino Resolution No. 10 -048 states that unscheduled vacancies shall be handled in the following manner: If a vacancy occurs for an unexpired term and interviews for appointment to that advisory body have been conducted within the previous ninety days, the unexpired term may be filled from those applications following the required posting of the vacancy. 2. The notice of unscheduled vacancy shall be posted no earlier than 20 days before nor later than 20 days after the vacancy occurs, and at least 10 working days before appointment. The notice of unscheduled vacancy must be posted in the Office of the City Clerk, at the City Hall bulletin board, at the Cupertino Library, and in other places designated by the City Clerk. The vacancy notices were posted on March 29 and must remain posted for at least 10 working days. Council could make the appointments on April 19 from the January 24 interview list. However, if Council chooses to cancel the April 19 meeting, it will be necessary to set up another round of interviews at the May 3 meeting. 423 Prepared by Reviewed by Approved for Submission by. David W. Knapp, City Manager Attachments: 424