Exhibit CC 1-15-13 Oral Communications Appeal of City Engineer's Requirement for Utility Pole Relocation at 10555 San Leandro,
Cupertino
Honorable Mayor Mahoney and Council Members:
My Name is Paul Kalra and I am building a house at 10569 San Leandro Ave. Cupertino. During
the process for obtaining building permits I was informed erroneously by Mr. Chad Mosley of
PWD that the Electric pole is located on my property at 10569 San Leandro and I have to post a
$25,000 bond to relocate it. After agreeing to move the pole and posting the bond it was
discovered and admitted by Mr. Mosley in writing that the pole was located on Mr. Wang's
property at 10555 San Leandro and neither myself nor the City had authority to relocate the pole.
I informed the City that the Order to relocate the pale was illegal, unenforceable and my deposit
should be refunded immediately. My agreement to relocate the pole was made on a reasonable
reliance of Mr. Mosley's statements.
First Mr. Mosley said that I did not have to relocate the pole and to bring my Engineer to City
hall to modify the drawings. Then Mr. Mosley asked me to pay half the cost of relocating the
pole which I refused because it was an illegal order. Then Mr. Mosley said he was going to get
an easement from Mr. Wang and would give me an answer by Oct. 31.
Mr. Mosley then obtained an easement from Mr. Wang with a promise that he would not have to
pay for relocating the pole on his property and the City would shift the burden on me
exclusively. In a meeting on Dec. 13, Mr. Borden (PWD Director) insisted that I will be held
responsible for relocating the pole solely at my on expense. I informed Mr. Borden that his
decision was unfair, unjust and contrary to the Cupertino Municipal Code and I would be
appealing his decision with the City Council. Accordingly the Appeal was added to the Council
Agenda to be heard on Jan. 15, 2013.
On Jan. 9, 2013 I received an e-mail from Mr. Borden informing me that the Appeal had been
removed from the Council Agenda unilaterally and without my consent. Then Ms. Schmidt
informed me that my only options were to E-mail :he Council Members and speak under the Oral
Communications Agenda. I am requesting the Council Members that my appeal be heard
because ultimately the Council has the authority and responsibility for the actions of the Staff in
exposing the City and Cupertino residents to lawsuits and liability for damages.
Attached is the proposed appeal along with the exhibits. I will be appearing before the Council
on January 15th, 2013 under the Oral Communications Agenda. Thank you for your time and
attention.
Respectfully submitted,
Paul Kalra , Owner 10569 San Leandro Ave, Cupertino, CA 95014
Tel: 925-676-2921 E-mail: onlychief @hotmai1.com
Paul Kalra
10569 San Leandro Avenue
Cupertino, CA 95014
January 4, 2012
Mayor Mahoney and
Honorable Members
Cupertino City Council
10300 Torre Avenue
Cupertino, CA 95104
Re: Appeal of City Engineer's Requirement for Utility Pole Relocation at
10555 San Leandro Avenue, Cupertino
Dear Mayor Mahoney and Council Members,
Mr. Paul Kalra, the owner of the residential property at 10569 San Leandro Avenue requests
your consideration of this appeal of a determination made by Timm Borden, City Engineer. Mr.
Borden's determination is stated in his correspondence to Mr. Kalra dated December 13, 2012:
"... the Public Works Department maintains that the utility pole located near the northeast
corner of your property at 10569 San Leandro is to be relocated behind the proposed new
curb and gutter that is required along your frontage."Exhibit 1
Location of property and project
Mr. Kalra's property at 10569 is a flag lot, having only a driveway frontage onto San Leandro
Avenue. Exhibit 2
San Leandro Avenue is only one block long, with little through traffic. Exhibit 3
Offsite improvements required as a condition of constructing Mr. Kalra's home:
• $2,000 for future storm drain improvements (deferred construction)
• $18,000 for City Parks fee (deferred construction)
• $25,000 for relocating utility pole (bond amount, actual cost unknown)
Exhibit 4
Basis for pole relocation requirement
This requirement has been imposed upon Mr. Kalra as a condition of final inspection and
Certificate of Occupancy for the home he is building on 10569 San Leandro. The requirement
was first communicated by PW Confirmation form ',Exhibit 4) to Mr. Kalra during his
application for construction of his new residence by Chad Mosley, Public Works Engineer. Mr.
Mosley incorrectly informed Mr. Kalra that the utility pole was on his property and would need
to be moved in order to allow construction of other required offsite improvements, specifically a
curb, gutter and sidewalk.
Based upon Mr. Mosley's statements, Mr. Kalra agreed to post a $25,000 bond pending
relocation of the pole by PG&E. Mr. Kalra became responsible for engaging and paying PG&E
for the pole relocation at his sole expense.
Discovery of true location of utility pole
Mr. Kalra was informed by his new neighbor, the purchaser of the vacant lot at 10571 San
Leandro that the utility pole was not, in fact, located on Mr. Kalra's property.
When informed of this fact, Mr. Mosley instructed Mr. Kalra to have his engineer indicate the
true location of the pole on the project plans. Mr. Kalra did as he was asked, and his engineer
determined that the pole is located in front of 10555 San Leandro Avenue, Mr. Kalra's northerly
neighbor. Exhibit 5
On August 14, 2012 Mr. Mosley admitted in writing that the pole was located on Mr. Wang's
property and the City did not have any authority to trespass on his property. (Exhibit 6).
On August 16, 2012 Mr. Kalra informed Mr. Borden ( PWD Director) that relocation of the pole
was illegal and would expose him and the City of Cupertino to lawsuits and liability for
damages.
Mr. Mosley then indicated (verbally) that instead of requiring the pole relocation he would
recommend some protection for the pole to make it less hazardous in its current location. On
August 14, 2012 Mr. Mosley also noted:
"The fact that the pole is located 1.22' from your property line is irrelevant, as the pole will
be affected by proposed work in the right of way that is required as a condition of your
building permit."Exhibit 6
At this time the only proposed work in the right of way that conflicts with the pole is a small
triangular asphalt transition from the narrow street width in front of 10555 to the new, wider
street starting in front of Mr. Kalra's property. Contrary to most of the written statements made
by the Public Works Department, no curb, gutter or sidewalk will be constructed at this time near
the existing utility pole. These improvements, which will require relocation of the pole, will not
be made until such time as the next door property owner (presently Mr. Jiming Wang and Ms.
Yvonne Y. Pan) at 10555 San Leandro agrees to perform them, which is not in the foreseeable
future.
Public Works' efforts to place the sole burden on Mr. Kalra
Reversing his earlier (verbal) agreement, Mr. Mosley sought a Public Utilities Easement (PUE)
from Jimng Wang and Yvone Pan. As motivation for them to agree to the PUE, Mr. Mosley
informed them that it would allow the City to continue requiring Mr. Kalra to relocate the pole at
his sole expense, and that if the pole was not relocated now the requirement and cost for it would
Page 12
fall upon Mr. Wang and Ms. Pan at such time as they sought a building permit for work on their
property. Mr. Wang and Ms. Pan executed the PUE on October 20, 2012. Exhibit 7
With the PUE in hand, Public Works is now insisting that Mr. Kalra be responsible for moving
the pole from in front of his neighbors' property onto his neighbors' property, at his sole
expense.
Mr. Kalra's response to PW's insistence that the pole be moved now
In its current location the pole does not interfere with any proposed curb, gutter or sidewalk
improvements. The pole will not pose any greater traffic hazard after Mr. Kalra's improvements
are complete, since traffic moving past the pole will do so on the same narrow road width it does
now.
The location of the pole in relation to the roadway (both narrow and widened) is a condition
found throughout Cupertino. Attached are photos and address of three examples nearby to Mr.
Kalra's property. Two of those identical conditions are along Foothill Boulevard, a heavily
traveled road. Exhibit 8
Only when roadway improvements are made in front of 10555 San Leandro will relocating the
pole become necessary. These roadway improvements are not in the foreseeable future.
Application of Cupertino Municipal Code
Section 10.04.040 provides the City Engineer authority to order necessary off-site improvements
in connection with development projects. Mr. Kalra believes that relocating the pole is not
necessary at this time, merely convenient for the City.
Section 14.04.030 (B) provides that the City should "Spread the costs of required public
improvements upon the abutting properties ..." Mr. Kalra contends that his property does not
abut the utility pole, nor any curb, gutter or sidewalk improvements that may be made in the
future in front of 10555 (which does abut the pole).
Section 14.04.030 (E) provides that the City will "Promote the installation of all necessary street
improvements in the most economically feasible manner to both the City and to the owners of
the affected parcels of land." Mr. Kalra believes that the requirement is not made in the "most
economically feasible manner" as it relates to him.
•
Appellant's requests
• That the City Council recognize that Mr. Mosley obtained the bond deposit from Mr.
Kalra with an illegal and unenforceable order which required him to trespass on Mr.
Wang's property and expose himself and the City of Cupertino to lawsuits and liability
for damages.
Page 13
• That the City Council recognize that Mr. Kalra is 70 years old. Placing the entire burden
of relocating a neighbor's utility pole, in anticipation of roadway improvements in the
unforeseen future, creates a financial hardship without a commensurate return.
• That the City Council relieves Mr. Kalra of the requirement to relocate the pole on his
neighbor's property, as the requirement is neither equitable nor necessary at this time.
• To the extent the City desires that Mr. Kalra participate in the costs for the eventual pole
relocation, that it apply Section 14.04.080 to require his agreement to do so at such a time
as it becomes necessary to relocate the pole.
Page 14
Print http://us.mg5.mail.yahoo.com/neo/launch##minty
Subject: FW: 10569 San Leandro Ave — Relocation of Utlity pole
From: Timm Borden (Timmb @cupertino.org)
To: onlychief@hotmail.com; dave @davidrossassociates.com;
Cc: ChadM @cupertino.org;
Date: Thursday, December 13, 2012 10:28 AM
Mr. Kalra,
As discussed with you and David Ross at the meeting held at Cupertino City Hall on 12/11/2012,the
Public Works Department maintains that the utility pole located near the northeast corner of your
property at 10569 San Leandro is to be relocated behind the proposed new curb and gutter that is
required along your frontage.
I understand that you are considering to appeal this decision. The appeal process is outlined in section
14.04.240 of the Cupertino Municipal Code, and has been reiterated here:
14.04.240 Appeals
A. Any person aggrieved by any decision of any officer, department or commission of the City
under the provisions of this chapter may appeal said decision to the City Council by filing written
notice of the appeal with the City Clerk within thirty days after the date of the decision, except that,
when an application for exception by filing for a planned development permit and/or use permit is
made, no appeal will be accepted or necessary, since the City Council will hear the matter in due
course.
B. Said notice of appeal must state:
1. The asserted error;
2. The rounds upon which said appeal is taken; and
3. The name and address of the party appealing. Said notice of appeal must be signed by,the
party appealing, or by his agent. Said notice of appeal shall not be effective unless it is filed with the
City Clerk within the time required by subsection A of this section.
C. A public hearing shall be held by the City Council within thirty days from the date of the
filing of the notice.
D. Notice of the time and place of the hearing shall be given by mail, postage prepaid, and
dispatched not less than ten days prior to the hearing to the applicant at his address as shown upon
notice of appeal.
Exhibit 1
I 01'2 12/13/2012 2:18 PM
Print http://us.mg5.mail.yahoo.com/neo/launchitminty
B. The City Council shall hear the appeal. At the conclusion of the hearing,the Council may
affirm, reverse, or modify the action appealed: subject,however, to the provisions of this chapter.
The findings and decisions of the City Council shall be entered upon the minutes of the City Council,
and the decision shall be final and shall take effect as directed by the City Council.
An appeal fee of$170.00 is collected to officially take this action.
If you would like to discuss any of this further, please feel free to contact me or Chad Mosley.
Timm Borden,P.B.
Director of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino,CA 95014
(408-777-3354
7408-777-3333
*timmb @cupertino.org
www.cupertino.org
ite
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Exhibit 3
1 of 1 1/4/2013 12:00 PM
riti..9 PU BLIC WORKS CONFIRMATION FORM .
Public Works Department
10300 Torre Avenue (408)777-3354 Fax(408)777-3333
',T.!a4.: Cupertino,CA 95014 publicworks®cupertino,org
'
CUP E RT I N O http://www.cupertino.org/publicworks
A Public Works confirmation form, if required, must be completed prior to project submittal to
the Planning Department. The fee for the confirmation is$258.00. If a Building Permit Application
is,submitted within one year of the sign-off date at the bottom,the confirmation fee will be applied
• towards the Public Works Building Permit fee. The purpose of this confirmation is to identify
preliminary Public Works issues, which may adversely affect the application. Please submit this
form, the fee, and a copy of the site plan to the Public Works Department for review. The Public
Works Department can be reached at(408) 777-3354. .
d - a1
Project Address: 1 O G 7 /v5(y2 S'' FaA�l,o Email Address: at,1) �:-h 1 6--�-- °11"a;I'ts,�•Applicant Name: ��"114 - f L g--:A Phone No:q-5— ''.3--6 2
*** For Public Works Department Use Only ***
PW Confirmation Required ($258) PW Confirmation Not Required
Addition: Single Family Dwelling �-- Flood Zone:
Requirements:
I Dedicate Right-of-way (road): /O s 4inJ/(,)710A0
0/ Easement(streetlight);
l°J Offsite improvements required (circled Vi i• i!* «_ • ,•• ._te)curb ram.,(driveway,}
4. s= - street light,street tree ittc(Ar6 fix. ,dc.,, u 7 Poc-E o u - / Pi)vE4) AoA:D
/iifee ct,n;s9evc-rio,✓ o; cv4d 6 G-vrrcc&
1117 Registered civil engineer required to design gra•rng • •• • ' :-•fernen p ans
'ti' Clearly show all utility lines from the house/project site to the street(electric,electric
v - /panel, gas,water, sewer). Indicate as new (N)or existing(E)
/Underground all overhead utility service to new house or new electric panel
t(/ Show onsite drainage on site plan with direction and slope percentage
'' Include relevant City Standard notes and Details on plans
/Encroachment permrt :e■e a=irs" a , °`u• '
C] Streamside Permit i^t" ?>9y 1-zpIDO TO f0 A%3 4 S r" /tH OM) j) o1G=t [ '
Ar 5•r9ti c.r uDdo E M c C 4,E.Go lP. , 1
❑ Soils letter/report l/
PAY rn'- ' 1"64:- �t Z. v ni rr 5 --- $15,00 0 0C
✓ Submit preliminary tit'- a , ; -
Comments ,r1(' ) c,,,Ic'6` c-urrc e f'INI) s' i,JCt�'azl tk -W l ffc.'r D At uP(- i' o v7?l0C.
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Si ature Title Date
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App2011-12.doc revised 7/1/11
Exhibit 4
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---",?--- Exhibit 5
_hief @hotmail.com http://sn128w.snt128.mail.live.com/default.aspx?wa—wsignin1.(
Windows Live'" Hotmail (0) ,, Messenger. SkyDrive ; MSN paul
■ profile
Hotmail New I Reply Reply all Forward I Delete Junk Sweep • Mark as • Move to • Categorie
Inbox
.. . RE: Relocation Utility Pole Back to messages I
Folders chad mosley 1:52 PM ' see
Junk(2) To 'paul singh' Reply
(25) y I surf
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Paul,
Deleted
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misc (5) Responses to your statements/questions:
ReviewCopy
New folder
1) The pole is located near the northeast corner of your lot
at 10569 San Leandro Ave. The fact that it is located
Quick views 1.22'from your property line is irrelevant,as the pole' .r , ,,..
Documents(2) will be affected by proposed work in the right of way 71.r :,
Flagged th.t is re.ui ed as a condition of your building permit. . Q ,,.1"it;
Photos 2) The City recognizes that the guy wire extends 6.:9 rom a, r Y,,
Shipping updates the pole to the North. However,the guy wire is not ',„,,T,y , '' t
New category presently located within the property limits of 10555 San A'L ` •'..
Leandro Ave, r ;. i kr ,.
Messenger 1 z- ,�
3) Admitted. The City currently does not have permission i,4
Sign in to Messenger .a
to install improvements or relocate the guy wire within r x4ire �Iy '
Home Mr. Wang's property.
Contacts 4) Cupertino Municipal Code Section 14.04.040 provides
the City Engineer with the authority to require necessary Calendar
.. �. ."
improvements. ;rrc,. ',41..
' ". • 5) PG&E's liability insurance would cover relocation of the
.,�,r,;�► . k y l , 1
utility pole,as PG8:E would be the company that does
�`" any relocation work. t•; ..1---
6) 21926 Byrne Ave and 10578 San Leandro Ave (the i
property located across the street from you parcel) are . arm: ilcne,2.
aaitJnrd rats;app.
two examples in which a home owner was responsible Al
for relocating a utility pole. .
,
Now,with these items being stated, please contact me at your
convenience to discuss options for moving forward.
Sincerely,
Chad
Exhibit 6 (408) 777-7604
0 2012 Microsoft Terms F From: paul singh [mailto:onlychief @hotmail.com] I Center Feedbac
Sent: Tuesday, Auaust 14, 2012 9:20 AM
I of I 8/14/2012 3:54 PI
GRANT OF EASEMENT
FOR PUBLIC UTILITY PURPOSES
10555 San Leandro Atm Cupertino,CA
APN 357.05-025
JINIING WANG AND YVONNE Y.PAN REVOCABLE LIVING TRUST dated December
;9,20U,grants to the CITY OF CUPERTINO for public utility purposes,together with the right
to construct, repair, operate, and maintain any and all improvements which shall be or become
necessary for operation of any public utilities, under, upon and over 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")
IN WITNESS WHEREOF,executed this day of e d ev',2012.
Owner(s):
! ' an
Yvonne Y.Pan
City of Cupertino:
imm D.Borden,PE
Director of Public Works
(Notary acknowledgment to be attached)
Exhibit 7
•
EXHIBIT "A"
Legal Description of a
10 Foot Wide Public Utility Easement over
1 0555 San Leandro Avenue
Cupertino, California
All that certain real property in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion of Lot 41, as shown upon that certain Map entitled "Map of Las Palmas,
Monta Vista", which was filed for record in Vol."P"of Maps,at Page 17, on April 11, 1917,
in Santa Clara County Records, and being more particularly described as follows:
Beginning at the southeasterly corner of said Lot 41, said point also being on the westerly
right of way line of San Leandro Avenue, as shown upon said"Map of Las Palmas, Monta
Vista"; Thence, along the easterly boundary of said Lot 41, North 0°07'00" East, 100.12
feet, to the northeasterly corner of said Lot 41;
Thence, along the northerly boundary of said Lot 41, North 89°53'00"West, 10.00 feet, to
a point on a line, parallel, and 10.00 feet distant, measured at a right angle, with the
easterly boundary of said Lot 41;
Thence, along said parallel line, South 0°07'00" West, 100.12 feet, to a point on the
southerly boundary of said Lot 41;
thence, along the southerly boundary of said Lot 41, South 89°53'00"East, 10.00 feet, to
the POINT OF BEGINNING.
Containing an area of 1,001 square feet, more or less.
End of Description.
*Os 111.)S.
L. NO 7078 .
t,o Gz l3i/
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Brittany Morales
From: Karen B. Guerin
Sent: Tuesday, January 15, 2013 8:32 AM
To: Brittany Morales
Subject: FW: Oral Communications Agenda- Paul Kalra 1/15/2013
Attachments: AppealsNarrative2a.doc; AppealsEKhibits1.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
From: Paul Kalra [mailto:onlychief@ hotmail.com]
Sent: Monday, January 14, 2013 5:33 PM
To: Orrin Mahoney; Gilbert Wong; Barry Chang; Mark Santoro; Rod Sinks; onlvchiefC&hotmail.com
Subject: Oral Communications Agenda - Paul Kalra 1/15/2013
Appeal of City Engineer's Requirement for Utility Pole Relocation at 10555 San Leandro, Cupertino
Honorable Mayor Mahoney and Council Members:
My Name is Paul Kalra and I am building a house at 10569 San Leandro Ave. Cupertino. During the process for
obtaining building permits I was informed erroneously by Mr. Chad Mosley of PWD that the Electric pole is
located on my property at 10569 San Leandro and I have to post a$25,000 bond to relocate it. After agreeing to
move the pole and posting the bond it was discovered and admitted by Mr. Mosley in writing that the pole was
located on Mr. Wang's property at 10555 San Leandro and neither myself nor the City had authority to relocate
the pole. I informed the City that the Order to relocate the pole was illegal, unenforceable and my deposit
should be refunded immediately. My agreement to relocate the pole was made on a reasonable reliance of Mr.
Mosley's statements.
First Mr. Mosley said that I did not have to relocate the pole and to bring my Engineer to City hall to modify the
drawings. Then Mr. Mosley asked me to pay half the cost of relocating the pole which I refused because it was
an illegal order. Then Mr. Mosley said he was going to get an easement from Mr. Wang and would give me an
answer by Oct. 31.
Mr. Mosley then obtained an easement from Mr. Wang with a promise that he would not have to pay for
relocating the pole on his property and the City would shift the burden on me exclusively. In a meeting on Dec.
13, Mr. Borden (PWD Director) insisted that I will be held responsible for relocating the pole solely at my own
expense. I informed Mr. Borden that his decision was unfair, unjust and contrary to the Cupertino Municipal
Code and I would be appealing his decision with the City Council. Accordingly the Appeal was added to the
Council Agenda to be heard on Jan. 15, 2013.
On Jan. 9, 2013 I received an e-mail from Mr. Borden informing me that the Appeal had been removed from the
Council Agenda unilaterally and without my consent. Then Ms. Schmidt informed me that my only options
were to E-mail the Council Members and speak under the Oral Communications Agenda. I am requesting the
Council Members that my appeal be heard because ultimately the Council has the authority and responsibility
for the actions of the Staff in exposing the City and Cupertino residents to lawsuits and liability for damages.
Attached is the proposed appeal along with the exhibits. I will be appearing before the Council on January 15th,
2013 under the Oral Communications Agenda. Thank you for your time and attention.
Respectfully submitted,
i
Paul Kalra , Owner 10569 San Leandro Ave, Cupertino, CA 95014
Tel: 925-676-2921 E-mail: onlychief@hotmail.com
2
Paul Kalra
10569 San Leandro Avenue
Cupertino, CA 95014
January 4, 2012
Mayor Mahoney and
Honorable Members
Cupertino City Council
10300 Torre Avenue
Cupertino, CA 95104
Re: Appeal of City Engineer's Requirement for Utility Pole Relocation at
10555 San Leandro Avenue, Cupertino
Dear Mayor Mahoney and Council Members,
Mr. Paul Kalra, the owner of the residential property at 10569 San Leandro Avenue requests
your consideration of this appeal of a determination made by Timm Borden, City Engineer. Mr.
Borden's determination is stated in his correspondence to Mr. Kalra dated December 13, 2012:
"... the Public Works Department maintains that the utility pole located near the northeast
corner of your property at 10569 San Leandro is to be relocated behind the proposed new
curb and gutter that is required along your frontage."Exhibit 1
Location of property and project
Mr. Kalra's property at 10569 is a flag lot, having only a driveway frontage onto San Leandro
Avenue. Exhibit 2
San Leandro Avenue is only one block long, with Little through traffic. Exhibit 3
Offsite improvements required as a condition of constructing Mr. Kalra's home:
• $2,000 for future storm drain improvements (deferred construction)
• $18,000 for City Parks fee (deferred construction)
• $25,000 for relocating utility pole (bond amount, actual cost unknown)
Exhibit 4
Basis for pole relocation requirement
This requirement has been imposed upon Mr. Kalra as a condition of final inspection and
Certificate of Occupancy for the home he is building on 10569 San Leandro. The requirement
was first communicated by PW Confirmation form (Exhibit 4)to Mr. Kalra during his
application for construction of his new residence by Chad Mosley, Public Works Engineer. Mr.
Mosley incorrectly informed Mr. Kalra that the utility pole was on his property and would need
to be moved in order to allow construction of other required offsite improvements, specifically a
curb, gutter and sidewalk.
Based upon Mr. Mosley's statements, Mr. Kalra agreed to post a$25,000 bond pending
relocation of the pole by PG&E. Mr. Kalra became responsible for engaging and paying PG&E
for the pole relocation at his sole expense.
Discovery of true location of utility pole
Mr. Kalra was informed by his new neighbor, the purchaser of the vacant lot at 10571 San
Leandro that the utility pole was not, in fact, located on Mr. Kalra's property.
When informed of this fact, Mr. Mosley instructed Mr. Kalra to have his engineer indicate the
true location of the pole on the project plans. Mr. Kalra did as he was asked, and his engineer
determined that the pole is located in front of 10555 San Leandro Avenue, Mr. Kalra's northerly
neighbor. Exhibit 5
On August 14, 2012 Mr. Mosley admitted in writing that the pole was located on Mr. Wang's
property and the City did not have any authority to trespass on his property. (Exhibit 6).
On August 16, 2012 Mr. Kalra informed Mr. Borden( PWD Director) that relocation of the pole
was illegal and would expose him and the City of Cupertino to lawsuits and liability for
damages.
Mr. Mosley then indicated (verbally) that instead of requiring the pole relocation he would
recommend some protection for the pole to make it less hazardous in its current location. On
August 14, 2012 Mr. Mosley also noted:
"The fact that the pole is located 1.22' from your property line is irrelevant, as the pole will
be affected by proposed work in the right of way that is required as a condition of your
building permit."Exhibit 6
At this time the only proposed work in the right of way that conflicts with the pole is a small
triangular asphalt transition from the narrow street width in front of 10555 to the new, wider
street starting in front of Mr. Kalra's property. Contrary to most of the written statements made
by the Public Works Department, no curb, gutter or sidewalk will be constructed at this time near
the existing utility pole. These improvements, which will require relocation of the pole, will not
be made until such time as the next door property owner (presently Mr. Jiming Wang and Ms.
Yvonne Y. Pan) at 10555 San Leandro agrees to perform them, which is not in the foreseeable
future.
Public Works' efforts to place the sole burden on Mr. Kalra
Reversing his earlier(verbal) agreement, Mr. Mosley sought a Public Utilities Easement (PUE)
from Jimng Wang and Yvone Pan. As motivation for them to agree to the PUE, Mr. Mosley
informed them that it would allow the City to continue requiring Mr. Kalra to relocate the pole at
his sole expense, and that if the pole was not relocated now the requirement and cost for it would
Page 12
fall upon Mr. Wang and Ms. Pan at such time as they sought a building permit for work on their
property. Mr. Wang and Ms. Pan executed the PUE on October 20, 2012. Exhibit 7
With the PUE in hand, Public Works is now insisting that Mr. Kalra be responsible for moving
the pole from in front of his neighbors' property onto his neighbors' property, at his sole
expense.
Mr. KaIra's response to PW's insistence that the pole be moved now
In its current location the pole does not interfere with any proposed curb, gutter or sidewalk
improvements. The pole will not pose any greater traffic hazard after Mr. Kalra's improvements
are complete, since traffic moving past the pole will do so on the same narrow road width it does
now.
The location of the pole in relation to the roadway (both narrow and widened) is a condition
found throughout Cupertino. Attached are photos and address of three examples nearby to Mr.
Kalra's property. Two of those identical conditions are along Foothill Boulevard, a heavily
traveled road. Exhibit 8
Only when roadway improvements are made in front of 10555 San Leandro will relocating the
pole become necessary. These roadway improvements are not in the foreseeable future.
Application of Cupertino Municipal Code
Section 10.04.040 provides the City Engineer authority to order necessary off-site improvements
in connection with development projects. Mr. Kalra believes that relocating the pole is not
necessary at this time, merely convenient for the City.
Section 14.04.030 (B) provides that the City should "Spread the costs of required public
improvements upon the abutting properties ..." Mr. Kalra contends that his property does not
abut the utility pole, nor any curb, gutter or sidewalk improvements that may be made in the
future in front of 10555 (which does abut the pole).
Section 14.04.030 (E) provides that the City will "Promote the installation of all necessary street
improvements in the most economically feasible manner to both the City and to the owners of
the affected parcels of land." Mr. Kalra believes that the requirement is not made in the "most
economically feasible manner" as it relates to him.
Appellant's requests
• That the City Council recognize that Mr. Mosley obtained the bond deposit from Mr.
Kalra with an illegal and unenforceable order which required him to trespass on Mr.
Wang's property and expose himself and the City of Cupertino to lawsuits and liability
for damages.
Page 13
• That the City Council recognize that Mr. Kalra is 70 years old. Placing the entire burden
of relocating a neighbor's utility pole, in anticipation of roadway improvements in the
unforeseen future, creates a financial hardship without a commensurate return.
• That the City Council relieves Mr. Kalra of the requirement to relocate the pole on his
neighbor's property, as the requirement is neither equitable nor necessary at this time.
• To the extent the City desires that Mr. Kalra participate in the costs for the eventual pole
relocation, that it apply Section 14.04.080 to require his agreement to do so at such a time
as it becomes necessary to relocate the pole.
Page 14
Print http://us.mg5.mail.yahoo.corn/neo/launch#minty
Subject: RN: 10569 San Leandro Ave - Relocation of Utlity pole
From: Timm Borden (Timmb@cupertino.org)
To: onlychief@hotmail.com; dave @davidrossassociate::.com;
Cc: ChadM @cupertino.org;
Date: Thursday, December 13, 2012 10:28 AM
Mr. Kalra,
As discussed with you and David Ross at the meeting held at Cupertino City Hall on 12/11/2012,the
Public Works Department maintains that the utility pole located near the northeast corner of your
property at 10569 San Leandro is to be relocated behind the proposed new curb and gutter that is
required along your frontage.
I understand that you are considering to appeal this decision. The appeal process is outlined in section
14.04.240 of the Cupertino Municipal Code, and has been reiterated here:
14.04.240 Appeals
A. Any person aggrieved by any decision of any officer, department or commission of the City
under the provisions of this chapter may appeal said decision to the City Council by filing written
notice of the appeal with the City Clerk within thirty days after the date of the decision, except that,
when an application for exception by filing for a planned development permit and/or use permit is
made, no appeal will be accepted or necessary, since the City Council will hear the matter in due
course.
B. Said notice of appeal must state:
1. The asserted error;
2. The grounds upon which said appeal is taken; and
3. The name and address of the party appealing. Said notice of appeal must be signed by the
party appealing, or by his agent. Said notice of appeal shall not be effective unless it is filed with the
City Clerk within the time required by subsection A of this section.
C. A public hearing shall be held by the City Council within thirty days from the date of the
filing of the notice.
D. Notice of the time and place of the hearing shall be given by mail,postage prepaid, and
dispatched not less than ten days prior to the hearing to the applicant at his address as shown upon
notice of appeal.
Exhibit 1
1 of 2 12/13/2012 2:18 PM
Print http://us.mg5.mail.yahoo.com/neo/launch#minty
E. The City Council shall hear the appeal. At the conclusion of the hearing,the Council may
affirm, reverse,or modify the action appealed: subject,however,to the provisions of this chapter.
The findings and decisions of the City Council shall be entered upon the minutes of the City Council,
and the decision shall be final and shall take effect as directed by the City Council.
An appeal fee of$170.00 is collected to officially take this action.
If you would like to discuss any of this further,please feel free to contact me or Chad Mosley.
Timm Borden,P.E.
Director of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino,CA 95014
(408-777-3354
7408-777-3333
*timmb @cupertino.org
www.cupertino.org
CUP[At,NQ Lett/
2 of 2 12/13/2012 2:18 PM
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10569 san Leandro avenue cupertino-Google Maps https://maps.google.com/maps?oe=utf-8&client=firefox-a&channel=np&...
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Exhibit 3
1 of 1 1/4/2013 12:00 PM
// PUBLIC WORKS CONFIRMATION FORM .
Public Works Department
10300 Tone Avenue (408)777-3354/ Fax(408)777-3333
,t.rvr Cupertino,CA 95014 publicworks @cupertino.org
jCup E RT I N O http://www.cupertino.org/publicworks
A Public Works confirmation form, if required, must be completed prior to project submittal to
• the Planning Department. The fee for the confirmation is$258.00. If a Building Permit Application
' is submitted within one year of the sign-off date at the bottom,the confirmation fee will be applied
towards the Public Works Building Permit fee. The purpose of this confirmation is to identify
j preliminary Public Works issues, which may adversely affect the application. Please submit this
form, the fee, and a copy of the site plan to the Public Works Department for review. The Public
Works Department can be reached at(408)777-3354. .
1� !�� �Project Address: l O 5 G �-d /°56 S l� "`",:
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10569 San Leandro >< 10555 San Leandro i— -1
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Exhibit 5
..hief@hotmail.com http://sn I28w.sntI28.mai1.live.com/default.aspx?wa=wsignin I A
Windows Live'" Hotmail (0) Messenger. SkyDrive i MSN paul
■ profile
Hotmail New I Reply Reply all Forward I Delete Junk Sweep • Mark as • Move to• Categorie
Inbox
RE: Relocation Utility Pole Back to messages I
Folders chad mosley 1:52 PM see
Junk(2) To'paul singh' Reply .
Drafts(25) surf
Sent ,
Deleted Paul, & .?p
mist(5) Responses to your statements/questions: VVViiii
ReviewCopy
New Colder 1) The pole is located near the northeast corner of your lot
at 10569 San Leandro Ave. The fact that it is located I
Quick views 1.22'from your property line is irrelevant,as the pole
Documents(2) will be affected by proposed work in the right of way tAletaft
Flagged th•t is re,ui ed as a condition of your building permit. `.;`?
Photos 2) The City recognizes that the guy wire extends 6.:9 rom '. N
Shipping updates the pole to the North. However,the guy wire is not ;' 4.
New category presently located within the property limits of 10555 San L'j' .
Leandro Ave. y,;ti.,r ,r. s.�
Messenger i - "
3) Admitted. The City currently does not have permission 3 'A4
Sign in to Messenger
to install improvements or relocate the guy wire within r ;,fin
Home Mr. Wang's property.
Contacts 4) Cupertino Municipal Code Section 14.04.040 provides
Calendar the City Engineer with the authority to require necessary `"
improvements. . is
•Skl,�.�, , 5) PG&E's liability insurance would cover relocation of the '
:Q y I
utility pole,as PG&E would be the company that does '
any relocation work.
6) 21926 Byrne Ave and 10578 San Leandro Ave (the
property located across the street from you parcel) are AM,' :nt.e=.
<_taviJord rails app
two examples in which a home owner was responsible ,,,t
for relocating a utility pole. .
Now,with these items being stated,please contact me at your
convenience to discuss options for moving forward.
Sincerely,
Chad •
Exhibit 6 (408) 777-7604
I
®2012 Microsoft Terms F From: paul singh [mailto:onlychief @hotmail.com] i Center Feedbac
Sent:Tuesday, August 14, 2012 9:20 AM
I of 1 . 8/14/2012 3:54 PI
GRANT OF EASEMENT
FOR PUBLIC UTILITY PURPOSES
10555 San Leandro Ave,Cupertino,CA
APN 357-05-025
JIMING WANG AND YVONNE Y.PAN REVOCABLE LIVING TRUST dated December
;9.2011,grants to the CITY OF CUPERTINO for public utility purposes,together with the right
to construct, repair, operate, and maintain any and all improvements which shall be or become
necessary for operation of any public utilities, under, upon and over 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")
IN WITNESS WHEREOF,executed thisi q ay of iG-/Die V),2012.
Owner(s):
4,14,,Xl.ewe,a4
I �
an
Yvonne Y.Pan
City of Cupertino:
S.
imm D.Borden,PE
Director of Public Works
(Notary acknowledgment to be attached)
Exhibit 7
EXHIBIT"A"
Legal Description of a
10 Foot Wide Public Utility Easement over
10555 San Leandro Avenue
Cupertino, California
All that certain real property in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being a portion of Lot 41, as shown upon that certain Map entitled "Map of Las Palmas,
Monta Vista", which was filed for record in Vol."P"of Maps,at Page 17,on April 11, 1917,
in Santa Clara County Records, and being more particularly described as follows:
Beginning at the southeasterly corner of said Lot 41,said point also being on the westerly
right of way line of San Leandro Avenue,as shown upon said"Map of Las Palmas, Monta
Vista"; Thence, along the easterly boundary of said Lot 41, North 0°07'00" East, 100.12
feet, to the northeasterly corner of said Lot 41;
Thence,along the northerly boundary of said Lot 41, North 89°53'00"West, 10.00 feet,to
a point on a line, parallel, and 10.00 feet distant, measured at a right angle, with the
easterly boundary of said Lot 41;
Thence, along said parallel line, South 0°07'00" West, 100.12 feet, to a point on the
southerly boundary of said Lot 41;
thence,along the southerly boundary of said Lot 41, South 89°53'00"East, 10.00 feet,to
the POINT OF BEGINNING.
Containing an area of 1,001 square feet, more or less.
End of Description.
ilAnD
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SCALE: 1 X20' •.,• — �•—•�• r ��• '� 710.00 M
Y_ // 20'
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("P" M 17)
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10555 SAN LEANDRO AVENUE 0
(APN 357-05-025) p
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P.U.E. TO BE DEDICATED
Z
TO THE CITY OF CUPERTINO
(AREA-1,001 tS F.) I I<
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�. �..-.. N."11.95.700 + 00.12 — '110. ' CO
N POINT OF
(11231I2 *, 1 J J �r J r1 BEGINNING L7078
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' v'" EXHIBIT "A"
r SCALE: 1"=20' PLAT TO ACCOMPANY
dk, Giuliani & Hu11,Inc. DATE: 10/8/12 LEGAL DESCRIPTION
Engineers • Planners • Surveyors • DRAWN: E.T. 10' PUBLIC UTILITY EASEMENT
4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 CHECKED: M.H. OVER 10555 SAN LEANDRO AVE.
(408) 615-4000 Fax (408) 615-4004 JOB NO.: 12219
Auburn • San Jose • Oakdale SHEETS: 2 OF 2 CUPERTINO, CALIFORNIA
F.\2012\12219\dwg\12219PLAT.dwg 10/8/2012 4.34.25 PM PDT
'i I
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
•
County of -447'777 C-c.4I 4
l0/2o/Zof2 R•• . ftt' r No 7*--) t..tti'L/
On before me,
(Here insert nano and tide of the officer)
personally appeared 7"1C Ai Ci Ar/1-71/ y`ai✓ivE Y. /P4+4/
who proved to me on the basis of satisfactory evidence •to be the person(s)whose name(s)is/are subscribed to
the within instrument and acknowledged to me that be/she/they executed the same in his/her/their authorized
capacity(ies),and that by his/her/their signatures)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.
R;C..Sl$GH
Commiition M 1953520
WITNESS my hand and official seal. . Nokitrj Public•California
• !anti Clara County
62 tft,„ 1.%. Expirei 0^t%1.2015 t
Simone of Nosy arse ' (Notary Seal) + ~�
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
DESCRIPTION OF THE ATTACHED DOCUMENT c completed a ���wear bwwf o t must be
captors notary sedan or a separate arbnowledgassl jorar must be
properly completed and attached at that document The only exception Is If a
abcrmreat Is to be recorded moulds of California.IN such bwNncen any dtmualw
(lire or description of attached document) ver• biage verbiage as may be prtnled on such a doomed so long m the
verbiage doss not require the nosey to do something that is Illegal fir a notary in
CalVornla(ta,ce tObrg the aarhorhed capacity of the signer).Please check the
(Title or description of attached document continued) a rNalent ca ffidlyfor proper notarial mining and attach this ona(frequhsd
Number of Pages Document Date • State and County information must be the Seta and County where the document
II (s)personally appeared before rho notary public for acknowledgment.
• • Dale of notarisation must be the date that the signa(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her game 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
notarizstiad.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off Incorrect fame(i.e.
❑ Individual(s) halshehhsyr is hp)or circling the coned forms.Failure to correctly indicate this
information may lad to rejection adenoma recording.
O Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression nwst_oat cover teat or lines.If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on Ma with the office of
Attorney-in-Fact the county clerk.
❑ Atto[ne
Y 4 Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other • Indicate tide or typo of attached document,auaber apogee and date.
Indicate the capacity claimed by the signer.If the claimed capacity is a
corporate officer,indicate the tide(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
'
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CmL CODE!1189
State of California
f County of 54 Witt CI".r4
/ ,
Lr -s-Pe., ,ee cc, .,aeu t✓o4u,-Y pax/r ,
Date Here roan and TII.of the dicer
,personally appeared —77.-1,,,,2 13, 8o/de c.! •
Mange)of Signer(*) •
•
•
who proved to me on the basis of satisf Dry s
evidence to be the person 8 j whose name are
subscribed to the within instrument and acknowledged
t me that (she/they executed the same my
erltheir authorized capadLy ie. , and that by '.•
fi i er/their signatures on the instrument the
ri person(S), or the entity upon behalf of which the ;
p person(e)acted,executed the instrument.
P I certify under PENALTY OF PERJURY under the '•
fi KIRSTEN RENEE SOUARCIA
Commission N i♦i08tt96 laws of the State of California that the foregoing ;
Ptj ''�'i 11 Notary Public-Calitornia paragraph is true and correct.
\`r i;1 Santa Clara County -•
i" '"" " M Comm.Expires Oct 4.2014 WITNESS my hand and official seal.
Signatures_
Place Notary Seal Above Sip of Notary Pub
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.
fi Description of Attached Document
Title or Type of Document: 6-''q ori oK I&tSe.o,e.zI 4.- ea if/ir_ C/14'/r7y Pvr'palat ,
fi Document Date: 06-4 S ei L-40 1 2b I 2.- Number of Pages: 3 '
p Signer(s)Other Than Named Above:J1.'11 t h h Wcc"9 , Vrro h n e 1e. Pa h ,
fi Capacity(les)Claimed by Signer(s) J
fiSigner's Name: Signer's Name:
fi Corporate Officer—Title(s): J Corporate Officer—Title(s):
fi Individual HIGHTTHUMUPHINT Individual RIGHTTHUMUPHINT
fi OF SIGNER OF SIGNER
fi _ Partner—❑Limited ❑General Top of thumb here 17.Partner—0 Limited 0 General Top of thumb here
fi 0 Attorney in Fact 0 Attorney In Fact •
pTrustee . • 0 Trustee
Guardian or Conservator 0 Guardian or Conservator
V 0 Other: 0 Other:
p Signer Is Representing: Signer Is Representing:
0
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