10-103 Agreement, Cupertino Union School District, Fremont Union High School District, Traffic Pilot Program AGREEMENT BETWEEN THE CITY OF CUPERTINO,
CUPERTINO UNION SCHOOL DISTRICT AND FREMONT UNION
HIGH SCHOOL DISTRICT ON TRAFFIC PILOT PROGRAM
This Agreement, dated ° e f , 20 , Lo c by and between the City of Cupertino ( "City "),
Cupertino Union School District ( "CUSD ") and the Fremont Union High School District
( "FUHSD ") addresses efforts to deal with traffic congestion and safety in the area near Monta
Vista High School, Lincoln Elementary School, and Kennedy Middle School.
WHEREAS, traffic congestion and safety around Monta Vista High School, Lincoln
Elementary School, and Kennedy Middle School, has been an issue for the Cupertino City
Council for a number of years; and
WHEREAS, City funds the crossing guards around Kennedy and Lincoln schools and
Council set aside additional funds for the Sheriff' s Office to address the issue; and
WHEREAS, traffic congestion and safety are also a concern for CUSD and FUHSD and
FUHSD engaged Hexagon Transportation to perform a traffic study and recommend ways to
reduce congestion and improve safety in the Monta Vista High School area;
WHEREAS, representatives of the City, FUHSD, CUSD, and the Sheriffs Office met to
review and discuss the report and its recommendations on July 20, 2010 and the participants
reached consensus on the actions to be taken this fall as part of a four month pilot project;
NOW, THEREFORE, the parties agree to implement the following from late August
2010 to late December 2010 and report the results to the City Council and School Boards in
January 2011 along with recommended next steps:
I. CITY /SHERIFF'S OFFICE
1. The current level of Sheriff's deputies serving at school start and ending
times will continue.
2. Additional Sheriff's deputies will be provided for 30 -60 minutes in the
morning and the afternoon to direct traffic at Hyannisport Drive/Bubb
Road and/or Fort Baker Drive/Hyannisport Drive.
3. The Crossing Guards on McClellan Road at Lincoln Elementary will be
trained to pool and coordinate students crossing the street.
4. New Crossing Guards will be added at Orange/McClellan and
McClellan/Bubb.
II. FUHSD /CUSD ACTIONS
1. Create a new student drop -off zone within the newly reconstructed Monta
Vista High student parking lot.
2. Continue the practice among the schools in the area of staggering the
hours of the school day.
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3. Provide programs encouraging walking and biking to school.
4. Create a cell phone waiting zone at the Monta Vista High School student
parking lot where those driving can wait to get a call from their passenger
before going to pick them up.
5. Evaluate possible capital improvements such as additional traffic signal,
pedestrian crossing signal, and bicycle cages and consider
funding or contributing to the funding of capital projects.
6. FUHSD will participate with the City in funding half of the operating
costs of this pilot project. It is anticipated that the additional overtime over
the four -month pilot period for the Sherriffs deputies will be up to
$10,000, and that the cost o f the two additional crossing guards over this
same time would be $10,000. The City has already provided $10,000 and
FUHSD will provide an additional $10,000. If the total costs are less than
$20,000, the City and FUHSD will share the savings equally. FUHSD
shall be invoiced by the City by January 7, 2011, and FUHSD payment of
the final sum, up to $10,000, shall be made no later than January 31, 2011.
III. RIGHTS, DUTIES, LIABILITIES
1. Each party in this Agreement acknowledges that this Agreement does not
diminish or expand any rights, duties, liabilities, immunities or defenses any
part to this Agreement has to any third party claims, demands, or suits that
presently exist, or that may arise in the future, including, but expressly not
limited to these immunities or defenses existing under Government Code
sections 815 et.seq., Education Code Section 44808, or any other statue or
law. Each party further acknowledges and agrees that this Agreement does
not confer on any party to this Agreement any additional rights,
responsibilities, remedies, or liabilities against any party to this Agreement as
to any existing or future third party liability claim, demand, or suit.
IV. NOTICES
Communications relating to this Agreement shall be in writing and shall be delivered
personally, sent by United States mail, first class postage prepaid, or by private
messenger or courier service:
To the City: David Knapp, City Manager
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
To FUHSD: Polly Bove, Superintendent
Fremont Union High School District
2
589 W. Fremont Ave.
Sunnyvale, CA 94087
To CUSD: Phil Quon, Superintendent
Cupertino Union School District
10301 Vista Ave. -
Cupertino 95014
To Sheriff's Office: Captain Terry Calderon, WV Patrol Div. Cmdr.
Santa Clara County Office of the Sheriff
1601 S. DeAnza Blvd. #148
Cupertino, CA 95014
IV. SIGNATURES
IN WITNESS WHEREOF, the parties execute this Agreement:
CITY OF CUPERTINO
Date: c i s .l .1O By:
`
David Knapp, City Manager
APPROVED AS TO FORM:
+3 r
.r -A _ _
arol Korade, City Attorney
FREMONT UNION HIGH SCHOOL DISTRICT
Date: By: _
Polly Bove, Superintendent
CUPERTINO UNION SCHOOL DISTRICT
Date: By: _
Phil Quon, Superintendent
3
589 W. Fremont Ave.
Sunnyvale, CA 94087
To CUSD: Phil Quon, Superintendent
Cupertino Union School District
10301 Vista Ave. -
Cupertino 95014
To Sheriffs Office: Captain Terry Calderone, WV Patrol Div. Cmdr.
Santa Clara County Office of the Sheriff
1601 S. DeAnza Blvd. #148
Cupertino, CA 95014
IV. SIGNATURES
IN WITNESS WHEREOF, the parties execute this Agreement:
CITY OF CUPERTINO
Date: • i 0 By: 9
David Knapp, City Manager
APPROVED AS TO FORM:
( r Korade, City Attorney
FREMONT UNION HIGH SCHOOL DISTRICT
Date: By:
Polly Bove, Superintendent
CUPERTINO UNION SCHOOL DISTRICT - 4
Date: t By:
Phil Q T
3
589 W. Fremont Ave.
Sunnyvale, CA 94087
To CUSD: Phil Quon, Superir._tendent
Cupertino Union School District
10301 Vista Ave-.-
Cupertino 95014
To Sheriffs Office: Captain Terry Calderone, WV Patrol Div. Cmdr.
Santa Clara County Office of the Sheriff
1601 S. DeAnza Blvd. #148
Cupertino, CA 95014
IV. SIGNATURES
IN WITNESS WHEREOF, the parties execute this Agreement:
CITY OF CUPERTINO
Date: ( ` 9. 20 . i o B �J 1`- Y -
:David Knapp, City Manager
APPROVED AS TO FORM:
1
arol Korade Cit Attorney
FREMONT UNION HIGH SCHOOL DIY' "' C
or
Date: 10 /1/ /0 By: 4
Polly BovdSuperintendent
CUPERTINO UNION SCHOOL DISTRICT
Date: By:
Phil Quon, Superintendent
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