Cities Index.
Written Communications (Updated 3-22-2023)

Cupertino City Council
March 21, 2023

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Written Communications (Updated 3-22-2023)
Meeting
March 21, 2023
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Cupertino City Council
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6
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Text extracted from the city's file for reading and search. Open the original on cupertino.legistar.com. That file is the official record.

CC 03-21-2023
Written
Communications
Oral
Communications
From: Rhoda Fry
To: City Clerk; City Council
Subject: March 2021 Cupertino City Council Oral Communications Date: Tuesday, March 21, 2023 11:17:03 AM
Attachments: Why Did Cupertino Receive Zero Tax Dollars.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Why Did Cupertino Receive ZERO Income from CDTFA in February while other cities received their share? City Tax Income from CDTFA (California Department of Tax and Fee Administration) Monthly Payments to Cities and Counties from the 1% Local Sales and Use Tax Fiscal Year Fiscal Year Year To Distributed Distributed Distributed From To Jurisdiction Id Jurisdiction Date December Januar y February 2022 2023 43012 CUPERTINO 29577275 6275185.8 6266361.1 0 2022 2023 43008 CAMPBELL 10196246 1053799.3 837054.4 1754697 2022 2023 43009 LOS ALTOS 2141091.7 225000.35 227855.92 269888.5 2022 2023 43005 MOUNTAIN VIEW 16592981 1820517.4 1524655.5 2700500 2022 2023 43014 SARATOGA 1002401.2 95506.16 98997.96 169792.4 2022 2023 43007 SUNNYVALE 25196550 2756341 2546380.5 4666143 source: htt
ps://www.cdtfa.ca.gov/dataportal/dataset.htm?url=MonthlyLocalAllocationCities From: Peggy Griffin
To: City Council; Pamela Wu
Cc: City Clerk; City of Cupertino Audit Committee
Subject: 2023-03-21 City Council Mtg-ORAL COMMUNICATIONS- City lost $12M!!! Date: Tuesday, March 21, 2023 4:33:43 PM
Attachments: Page 42-CDFT Audit-FY_2022-23_Adopted_Budget.pdf Why Did Cupertino Receive Zero Tax Dollars.pdf
Jan-Mar 2023 CDFT Local Sales Tax for Cupertino LOCAL 43012.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Please include this email and all 3 attachments as part of Written Communications for tonight’s 3/21/2023 City Council meeting.

Dear City Council, City Manager and Director Alfaro,

I’ve been concerned about the significant loss in revenue that has been discussed many times so I’ve been looking into the tax revenue the city receives.

Q1: Why did the City not receive ANY sales tax dollars in February 2023? See attached PDF: “Why Did Cupertino Receive Zero Tax Dollars.pdf”

IMPORTANT POINTS:

City got dinged $12M – and the City Treasurer KNEW on 2/15/2023 because the monthly ETF transfer did not happen! This major financial hit is on the city’s CDTFA 2/15/2023 statement.

City got dinged $323,511.51 on 3/10/2023 – and the City Treasurer KNEW it!

QUESTIONS:

Q2: Why wasn’t Council AND the public informed of this massive multi-million dollar loss in revenue? It’s been over a month since the City Treasurer has known about this.

Q3: Why wasn’t the Audit Committee made aware of this when they met on 2/27/2023?

Q4: How much more will the city loose?
Q5: Why did this happen?
Q6: Does the city still have to give 35% of this loss in sales tax to Apple and Insight?

In last year’s FY 2022-23 Adopted Budget, on PDF Page 42 second paragraph from the bottom it states that there is a CDTFA Audit that will potentially impact sales tax revenue for FY 2022-23.

FROM PAGE 42 of document https://apps.cupertino.org/pdf/FY_2022-23_Adopted_Budget.pdf :

Staff has known for over a month (before Feb. 15, 2023) and has not brought this to Council - $12M+ gone! These are our tax dollars.

It impacts decisions.

REQUEST: Please present this in a public hearing where the public and Council members can ask questions – NOT an Informational Item or a Council Memo.

Sincerely,
Peggy Griffin
Changes to the Budget and Policies
Revised Fees
City Council approved the FY 2022-23 fee schedules on May 19, 2022. The increased fees are estimated to result in increased revenues of approximately $92,662 in the General Fund and $158,000 in the Enterprise Funds.

Investment Policy
The City Council annually updates and adopts a City Investment Policy that complies with State statutes on allowable investments. An external auditor performs agreed-upon procedures to review City compliance with the policy. The Audit CommiWee reviews the policy and acts as an investment oversight commiWee. City Council approved the current City Investment Policy on May 19, 2022.

GANN Appropriations Limit
The City’s FY 2022-23 appropriations limit is $122,756,522, an increase of $8.1 million, or 7.1%, from the FY 2021-22 limit of $114,666,491. If a city exceeds the legal limit, excess tax revenue must be returned to the State or citizens through refunds, rebates, or other means that may be determined at that time. For FY 2022-23, the City's estimated appropriations of proceeds from taxes, less statutory exclusions, do not appear to exceed the limit and are not expected to present a constraint on current or future deliberations.

Revised Fund Balance and Use of One-Time Funds Policy
On March 8, 2022, City Council approved updates to the CommiWed, Unassigned Fund Balance and Use of One-Time Funds Policy. The Economic Uncertainty Reserve was increased from $19 million to $24 million to align with increases in the City's revenues and expenditures. A Capital Projects Reserve of $10 million was created to fund capital projects. Finally, $2 million was transferred to the Section 115 Pension Trust to fund pension costs.

Budget by Fund
General Fund
The General Fund pays for core services such as public safety, public works, planning and community development, park maintenance, code enforcement, and the administrative services required to support them.

The revenue used to pay for these services comes primarily from local taxes such as sales tax, property tax, transient occupancy tax, charges for service, and other discretionary sources. General Fund resources fund operations that do not have other dedicated funding sources.

General Fund revenues are projected to be $94.7 million, up $5.0 million, or 5.6%, from the FY 2021-22 Adopted Budget. In FY 2020-21, sales tax revenues experienced an unprecedented increase due to increased demand for technology during the transition to remote work and increased state-wide online sales. Sales tax is expected to be lower in FY 2022-23 compared to FY 2020-21 as the California Department of Tax and Fee Administration (CDTFA) is currently auditing one of the City's sales tax revenue sources. The impact of this audit is unknown but has the potential to significantly affect the City’s sales tax revenues. Once more information is known, staff will bring updates to Council. Property tax revenues will increase slightly. Transient occupancy taxes will continue to be heavily impacted as business travel slowly recovers.

General Fund expenditures are $95.2 million, representing a $5.4 million, or 6.0% increase from the FY 2021-22 Adopted Budget. The increase is primarily due to the addition of 14 positions and the addition of a $2.5 million transfer to the Capital Reserve. In the past, transfers to the Capital Reserve were not programmed in the Adopted Budget; instead, funds were transferred to the Capital Reserve as a mid-year budget adjustment. Due to the uncertainty of the pandemic, the City implemented significant budget reduction strategies in FY 2020-21, FY 2022-23 Adopted Budget
Budget Message
42 CC 03-21-2023
Written
Communications
Item No.3
Consider staff reports
and the attachments
provided at the June 21,
2022 and March 7, 2023
for Chamber of
Commerce
From: Kitty Moore
To: City Clerk; Kirsten Squarcia
Subject: Pull Consent Agenda Item 3 and add Written Communications Date: Tuesday, March 21, 2023 3:10:38 PM
Attachments: Purchasing Policy Cupertino.pdf
Chamber Summary .pdf

5. Cupertino Chamber PAC - Stip.pdf
Dear City Clerk,

Please pull Consent Item 3 and please add the attachments to Agenda Item 3 today.

Thank you,

Kitty Moore
Kitty Moore​
Councilmember
City Council
[email protected]
(408) 777-1389

Cupertino, CA Municipal Code
CHAPTER 3.22: PURCHASE OF SUPPLIES, MATERIALS, EQUIPMENT AND SERVICES Section

3.22.010 Purpose of chapter.

3.22.020 Definitions.

3.22.030 Purchasing Officer.

3.22.040 Purchase orders or check requests needed-Use of petty cash funds.

3.22.050 Availability of funds.

3.22.060 Purchasing requirements.

3.22.070 Exemptions.

3.22.010 Purpose of Chapter.

This chapter is enacted to set forth policy to establish efficient procedures for the purchase of supplies, materials, equipment and services at the lowest possible cost commensurate with quality needed, and to clearly define authority for the purchasing function of the City.
(Ord. 1582, § 1 (part), 1992)

3.22.020 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section.

1. "Bid" means any proposal submitted to the City in competitive bidding for City purchases and contracts for supplies, materials, equipment, and/or services.

2. "Lowest responsible bidder" means the lowest monetary bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity and experience to satisfactorily perform the contract.

3. "Purchases." Purchases of supplies and equipment shall include leases or rentals, as well as transactions by which the City acquires ownership.

4. "Purchasing Officer" means the City Manager or any other official or officials designated in writing by the City Manager for administration of this chapter.

5. "Services" means any and all services including, but not limited to, equipment service contracts.

The term does not include services rendered by City officers or employees, or professional or other services which are by nature unique or for which the procedure for procurement is specifically provided by law.

6. "Supplies," "materials" and "equipment" means any and all articles, things or tangible personal property furnished to or to be used by the City.
(Ord. 1897, § I (part), 2002; Ord. 1582, § 1 (part), 1992)

3.22.030 Purchasing Officer.

A. The Purchasing Officer of the City is vested with the authority for the purchase of supplies, materials, equipment and services. When the provisions and intent of this chapter may be best served by so doing, the Purchasing Officer may authorize in writing any department to investigate, solicit bids or to negotiate the purchase or award of contracts for supplies, materials, equipment or services for that department, provided that such shall be done in conformity with the procedures prescribed by this chapter or by duly adopted administrative rules and regulations pertaining thereto.

B. The Purchasing Officer shall have the responsibility and authority to:

1. Purchase or contract for materials, supplies, equipment and services to be performed as may be required by any department of the City in accordance with procedures prescribed by this chapter or by such administrative rules and regulations as the Purchasing Officer may adopt pursuant thereto;

2. Prepare and adopt administrative rules and regulations not in conflict with the provisions of this chapter for the purpose of carrying out the requirements and intent of this purchasing system. (Ord. 1582, § 1 (part), 1992)

3.22.040 Purchase Orders or Check Requests Needed-Use of Petty Cash Funds.

A. Purchases of supplies, materials, equipment or services shall be made only by means of purchase orders or check requests processed and issued pursuant to this chapter. The purchase orders or check requests shall be valid only when signed by the City Manager, the Purchasing Officer or other persons as may be designated by the Purchasing Officer to act in his behalf.

B. Nothing herein shall preclude the use of authorized petty cash funds for purposes intended by their establishment. (Ord. 1582, § 1 (part), 1992)

3.22.050 Availability of Funds.

The Purchasing Officer shall not issue any purchase order or check request, or award any contract for the acquisition of supplies, materials, equipment or services, unless there exists an unencumbered appropriation in the funds as approved by City Council resolution adopting procedures for administration of the annual budget. The appropriate account and funds shall be encumbered immediately after the issuance of the purchase order or check request or award of contract. (Ord. 1582, §I (part), 1992)

3.22.060 Purchasing Requirements.

A. Open Market Purchases. The Purchasing Officer may award contracts or issue purchase orders or check requests for the acquisition of supplies, materials, equipment or services in the open market without observing the competitive bidding procedure contained in this Chapter when the dollar value will forseeably equal, or be less than, the amount for public works contracts described in section 22032(a) of the Public Contracts Code.

B. Purchases Approved by City Council-Application of Formal Competitive Bidding Procedures. In instances where the acquisition of supplies, materials, equipment or services will foreseeably result in the issuance of a purchase order, check request, or the award of a contract with a dollar value in excess of the required dollar value for public works contracts described in section 22032(b) of the Public Contracts Code, such will be authorized only by action of the City Council.

Such action shall be taken after the formal competitive bidding procedures described in this section are followed, unless pursuant to a written recommendation of the City Manager, the City Council finds that the use of the formal competitive bidding procedure is not practical due to limitations on source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or if other valid reasons for waiving the formal competitive bidding process procedures appear. Upon making such a finding, the Council may direct the Purchasing Officer to dispense with the formal competitive procedure and make the purchase on the open market or through any other procedure which meets the City's requirements.

C. Formal Competitive Bidding Procedures. The formal bidding procedures required for purchases described in Section 3.22.060B are as follows:

1. Notice Inviting Bids.
a. Notice inviting bids shall include:
i. A distinct description of the supplies, materials, equipment or services to be purchased; ii. The location where bid blanks, specifications and requests for proposals may be secured; iii. The time and place for opening bids;
iv. A statement that the City has the authority to reject any and all bids and may waive any minor technicality or variance found in a bid document.
b. The notice inviting bids shall be published at least fourteen calendar days before the date of opening of bids in a newspaper of general circulation printed or published in the City. Such notice may also be mailed to any vendor or provider which the Purchasing Officer has reason to believe may be in a position to provide the subject supplies, material, equipment or services to the City.

2. Opening of Bids. Bids shall be opened in public by the City Clerk at the time and place stated in the notice inviting bids. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than fifteen calendar days after the bid opening. Any bid which is received after the time specified in the notice shall be returned unopened.

3. Award of Contract. Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this chapter.

4. Award to Next Lowest Bidder-Failure to Execute Contract. The City Council may, on refusal or failure of the successful bidder to execute the contract within ten days after the date the notice of award of contract is mailed, unless the City is responsible for the delay, award it to the next lowest responsible bidder.

5. Award of Contract to the Next Lowest Bidder-Lowest Bidder Irresponsible-Notice and Hearing.

A. The City Council, in its sole discretion, may reject the lowest monetary bid for purchases of supplies, materials, equipment or services upon a specific finding that the lowest monetary bidder is not responsible. To determine responsibility, the City Council may consider, among other things, the bidder's financial responsibility, level of experience and whether the bidder has failed to complete or deliver any supplies, materials, equipment or services in other projects.

B. If the City Council rejects the lowest bid upon its determination that the lowest bidder is not responsible, the City shall:
i. Give notice of the City Council's decision to the lowest monetary bidder, setting forth the reasons why the bidder is not considered the lowest responsible bidder;
ii. Give the bidder the opportunity to ask for a pre-award hearing before the City Council on the issue; iii. If the hearing is requested, agendize the matter before the City Council, giving written notice of such hearing to all bidders;
iv. After hearing, the City Council shall make a finding, supported by the evidence on the record as to the nonresponsibility of the lowest monetary bidder.

6. Rejection of Bids-Identical Bids-Absence of Bids. The City Council, in its sole discretion, may:
a. Reject any bids presented and re-advertise for new bids; b. Reject any bid that fails to meet the requirements of the formal bidding procedure in any respect; c. If two or more bids are the same and the lowest, the City Council may accept the one it chooses; d. If no bids are received, the City Council may direct the Purchasing Officer to purchase the supplies, materials, equipment or services without further adherence to the formal bidding procedure; e. Waive any minor irregularities or variances in any bid received.

D. Informal Competitive Bidding Procedures. In instances where the purchase of supplies, materials, equipment or services will forseeably result in the issuance of a purchase order, check request or the award of a contract with a dollar value of greater than the amount for public works contracts described in section 22032(a) of the public contract code but equals, or is less than the amount for public works contracts described in section 22032(b) of the public contracts code, the Purchasing Officer may award contracts or issue purchase orders or check requests for the purchase of supplies, materials, equipment or services.

Such action shall be taken only after the informal competitive bidding procedure described in subsection E below is followed unless the City Manager finds in writing that the use of the informal competitive bidding procedure is not practical due to limitations on source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or if other valid reasons for waiving the informal competitive bidding process procedure appear. Upon making such a finding, the City Manager may direct the Purchasing Officer to dispense with the informal competitive bidding procedure and make the purchase on the open market or through any other procedure which meets the City's requirements.

E. Informal Competitive Bidding Procedure for Purchases Described in Subparagraph D. Above. i. The procedures described in subsections 3.22.060 C I a and C2-C6 of this chapter are applicable except that the duties described thereunder which are performed by the City Council are performed under these informal procedures by the Purchasing Officer. Determinations of the Purchasing Officer are subject to appeal pursuant to Chapter 1.16 of the City's ordinance code.
ii. Publication of notice inviting informal bids is not required. (Ord. 1897, § 1 (part), 2002; Ord. 1582, § 1 (part), 1992)

3.22.070 Exemptions.

Notwithstanding any provision of this chapter to the contrary, the Purchasing Officer, with the written concurrence of the City Manager, is authorized to issue a purchase order or check request, or award a contract, without adherence to the other provisions of this chapter under following instance:

A. Emergency Purchases. The immediate requirement of an item necessary for the continued operation of a department or for the preservation of life or property shall be deemed an emergency. A full report of the circumstances of emergency purchase in excess of the amount described in subsection 3.22.060B shall be filed with the City Council at its next regular meeting after the purchase was made.

B. Recurring or Essential Services. Purchase orders or check requests, including payment of claims against the City where reasonable advanced estimates of costs cannot be determined for essential services of a recurring nature.

Included, but not limited to, this authorization are such items as utility services, approved claims for liability under the City's insurance program, renewal premium for authorized insurance policies, all expenditures for the City's payroll and employee benefits and other matters involving unknown estimates of costs.

C. Purchases From Other Public Agencies. Purchases of supplies, materials, equipment or services from any other public agency created under the laws of the State of California or the United States Government are exempt from the bidding requirements of this chapter.

D. Professional Services. Professional services including, but not limited to, services of lawyers, architects, engineers, land surveyors, artists and accountants are exempt from the bidding requirements of this chapter. (Ord. 1897, § 1 (part), 2002; Ord. 1582, § 1 (part), 1992) CHAPTER 3.23: PUBLIC WORKS CONTRACT AND BIDDING PROCEDURES Section

3.23.010 Purpose.

3.23.020 Definitions.

3.23.030 Competitive bidding.

3.23.040 Notice inviting bids.

3.23.050 Presentation of bids-Security required-Subcontractor designated in bid.

3.23.060 Opening bids.

3.23.070 Award of contract.

3.23.080 Forfeiture of security.

3.23.090 Award of contract to next lowest bidder-Failure to execute contract.

3.23.100 Award of contract to next lowest bidder-Lowest bidder irresponsible-Notice and hearing.

3.23.110 Rejection of bids-Identical bids-Absence of bids.

3.23.120 Informal bidding procedure for public works projects.

3.23.130 Exempt from bidding requirements.

3.23.140 Performance bond of successful bidder.

3.23.150 Deposit of proceeds.

3.23.160 Additional work by City authority.

3.23.170 Deletions of work by City authority.

3.23.010 Purpose.

This chapter is enacted to enhance competition, to prevent corruption and undue influence in the awarding of public works contracts, and to clarify the City's competitive bidding requirements established pursuant to Part 3 of the California Public Contract Code, Sections 20100 et seq.
(Ord. 1583, § 1 (part), 1992)

3.23.020 Definitions.

As used in this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section:

1. "Bid" means any proposal submitted to the City in competitive bidding for the construction, alteration, repair or improvement of any structure, building, road or other improvement of any kind.

2. "Lowest responsible bidder" means the lowest monetary bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity and experience to satisfactorily perform the public works contract sought.

3. "Public works contract" means an agreement for the erection, construction, alteration, repair or improvement of any public structure, building, road or other public improvement of any kind.

4. "Public works project" means:
a. The erection, improvement, painting or repair of public buildings and works; b. Work to protect against overflow of streams, bays, waterfronts or embankments; c. Street or sewer work except for maintenance or repair thereof; d. Furnishing supplies or materials for any such project, including the maintenance or repair of streets or sewers. (Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992)

3.23.030 Competitive Bidding.

Except as otherwise provided for in this chapter, public works projects with an estimated dollar value in excess of the required dollar value for competitive bidding established by section 22032(a) of the California Public Contracts Code, as may be amended, shall be contracted for pursuant to the procedures prescribed in this chapter. (Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992; Ord. 16- 2143, § 1, 2016)

3.23.040 Notice Inviting Bids.

The notice inviting bids shall be in the form and published as follows:

A. Notices inviting bids shall include:

1. A distinct description of the public works project to be performed;

2. The location where bid blanks and specifications may be secured;

3. The time and place for opening bids;

4. The type and amount of bidder's security required;

5. The class of license required for the public works to be performed; and

6. A statement that the City has the authority to reject any and all bids and may waive any minor technicality or variance from the bid specifications.

B. The notice inviting bids shall be:

1. Published in a newspaper of general circulation printed and published in the City at least the number of days specified in Section 22037 of the California Public Contract Code, as may be amended, before the opening of bids; and

2. Provided to all construction and trade journals specified in Section 22036 of the California Public Contract Code, or as may be amended, at least the number of days and by the methods set forth in Section 22037 of the California Public Contracts Code, as may be amended.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992; Ord. 16-2143, § 2, 2016)

3.23.050 Presentation of Bids-Security Required-Subcontractor Designated in Bid.

A. All bids shall be presented under sealed cover (identified as bids on the envelope), submitted to the City Clerk and accompanied by one of the following forms of bidder's security:

1. Cash;

2. A cashier's check made payable to the City;

3. A certified check made payable to the City;

4. A bidder's bond executed by an admitted surety insurer, made payable to the City.

B. The security shall be in an amount equal to at least ten percent of the amount of the bid, or such other sum as may be authorized by the California Public Contract Code. A bid shall not be considered unless one of the forms of bidder's security is enclosed with it.

C. Upon award of the contract to the lowest responsible bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall such security be held by the City beyond ninety days from the date the notice of award of contract is mailed.

D. All bidders on a public works project must designate in their bids the name, address, the portion of the work each subcontractor will perform, and other information as required by Section 4101(a)(1) of the California Public Contract Code, as may be amended, of each subcontractor:

1. Who will perform work exceeding one-half of one percent of the prime contractor's total bid, or

2. Who meet or exceed the thresholds for specific types of work as specified in Section 4101(a)(1) of the California Public Contracts Code, as may be amended.

E. The prime contractor shall list only one subcontractor for each portion of work as is defined by the prime contractor in their bid.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992; Ord. 16-2143, § 3, 2016)

3.23.060 Opening Bids.

Bids shall be opened in public at the time and place stated in the notice inviting bids. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than fifteen calendar days after the bid opening. Any bid which is received after the time specified in the notice shall be returned unopened. (Ord. 1583, § 1 (part), 1992)

3.23.070 Award of Contract.

Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this chapter.
(Ord. 1583, § 1 (part), 1992)

3.23.080 Forfeiture of Security.

If the successful bidder fails to execute the contract within ten days after the date the notice of award of contract is mailed, unless the City is responsible for the delay, the amount of the bidder's security shall be forfeited to the City except as provided in Section 3.23.090.
(Ord. 1583, § 1 (part), 1992)

3.23.090 Award of Contract to next Lowest Bidder-Failure to Execute Contract.

The City Council may, on refusal or failure to the successful bidder to execute the contract within ten days after the date the notice of award of contract is mailed, unless the City is responsible for the delay, award it to the next lowest responsible bidder. If the City Council awards the contract to the second lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder if cash or a check is used, or to the bidder's surety if a bond is used. (Ord. 1583, § 1 (part), 1992)

3.23.100 Award of Contract to Next Lowest Bidder-Lowest Bidder Irresponsible-Notice and Hearing.

A. The City Council, in its sole discretion, may reject the lowest bid upon specific findings that the lowest bidder is not responsible. To determine responsibility, the City Council may consider, among other things, the bidder's financial responsibility, type of license, type of equipment, number of years experience in construction work, other projects bidder worked on in the last five years, whether bidder has failed to complete any contract and bidder's ability to be bonded.

B. If the City Council rejects the lowest bid upon its determination that the lowest bidder is not responsible, the City shall do the following:

1. Give notice of the City Council's decision to the lowest bidder, setting forth the reasons why he/she is not considered the lowest "responsible" bidder;

2. In the notice, give bidder an opportunity to ask for a pre-award hearing before the City Council on the issue;

3. If hearing is requested, agenda the matter pursuant to California Government Code hearing requirements;

4. After the hearing, the City Council shall make a finding, supported by the evidence on the record, as to the nonresponsibility of the lowest bidder.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992)

3.23.110 Rejection of Bids-Identical Bids-Absence of Bids.

The City Council, in its sole discretion, may:

A. Reject any bids presented and readvertise for new bids; B. Reject any bid that fails to meet the bidding requirements in any respect; C. If two or more bids are the same and the lowest, the City Council may accept the one it chooses; D. If no bids are received, the City Council may have the project done without further complying with this chapter; E. Waive minor irregularities in any bid received.
(Ord. 1583, § 1 (part), 1992)

3.23.120 Informal Bidding Procedure for Public Works Projects.

Except as otherwise required by this chapter or under state or federal law, the bidding procedures of this chapter may be dispensed with for public works projects with an estimated dollar value equal to or less than the required dollar value specified in Subdivision (b) of Section 22032 of the Public Contract Code, and the following informal bidding procedures substituted:

A. The City shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for compilation of the contractor list shall be determined by the California Uniform Construction Cost Accounting Commission ("Commission"). All contractors on the list for the category of work being bid and/or all construction trade journals specified by the Commission shall be mailed a notice inviting informal bids, unless the product or service is proprietary.

B. All mailing of notices to contractors and construction trade journals shall be completed not less than the number of days specified in Section 22304(c) of the California Public Contract Code, or as may be amended, before the date of opening the bids.

C. The City Council hereby delegates the authority to award contracts pursuant to informal bidding to the City Manager or other person designated in writing by the City Manager. (Ord. 1632, 1993; Ord. 1583, § 1 (part), 1992; Ord. 16- 2143, § 4, 2016)

3.23.130 Exempt from Bidding Requirements.

The following are exempt from competitive bidding requirements:

A. Professional Services. Includes, but is not restricted to, services of lawyers, architects, engineers, land surveyors, artists, and accountants;
B. Maintenance. Includes the maintenance and repair of streets and sewers, but does not include the furnishing of materials for such maintenance;
C. Emergency Work. If there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic or other disaster, or if it is necessary to do emergency work to prepare for national or local defense, the City Council may pass a resolution by a four-fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon adoption of the resolution, the City may expend any sum required in the emergency without complying with this chapter;
D. Small Contracts. Any contract for public works projects with an estimated dollar value equal to or less than the required dollar value for competitive bidding established by section 22032(a) of the California Public Contracts Code; E. Meaningless Bids. Where the nature of the subject of the contract is such that competitive proposals would not produce an advantage and when the advertisement for competitive bidding would be undesirable, impracticable or impossible;
F. Performance of Project After Rejection of Bids. After rejection of bids presented, the City Council may pass a resolution by a four-fifths vote declaring that the project can be performed more economically by day labor or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, the City is relieved from further compliance with formal bidding requirements.
(Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992)

3.23.140 Performance Bond of Successful Bidder.

The City Manager has authority to require a performance bond before entering a contract, in such amount as the City Manager finds reasonably necessary to protect the best interests of the City or as may be required by law. If the City requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. (Ord. 1583, § 1 (part), 1992)

3.23.150 Deposit of Proceeds.

The cash or proceeds collected pursuant to this chapter shall be deposited in the fund out of which the expenses of preparation and printing of the plans and specifications, estimates of cost and publication of notice are paid. (Ord. 1583, § 1 (part), 1992)

3.23.160 Additional Work by City Authority.

Notwithstanding the provisions of this chapter, if the Director of Public Works determines that additional or extra work on any public works project is required to complete the project as originally intended, the Director of Public Works is authorized to approve contract change orders for additional or extra work on any public works contract without complying with the bidding requirements established in this chapter, provided that each individual contract change order does not exceed the required dollar value for bidding established by Section 22032 of the California Public Contract Code; and, further, that the aggregate total of all such contract change orders for any one public works project does not exceed the value of the project contingency established for the project at the time the contract is awarded. Under this same authority, the Director of Public Works is authorized to approve extensions of time to public works contracts up to a maximum of sixty calendar days.
(Ord. 1900, § 1, 2002)

3.23.170 Deletions of Work by City Authority.

The City reserves the right to delete up to twenty-five percent of the work on a public works contract where such deletions would advance the project as originally contemplated. (Ord. 1583, § 1 (part), 1992)
CITY OF CUPERTINO PURCHASING POLICY Effective September 1, 2013 Type Form Category Process Authorization
General Supplies
(Operating or maintenance
supplies and materials,
general meeting expenses,
licenses, subscriptions,
memberships, mileage
reimbursements, tools,
furniture, equipment.)

General Services
(Operating or maintenance
services, recurring
services, essential or
emergency services or
purchases from public
agencies.)

Petty Cash Voucher (up to
$75); or
Check Request; or
Partial Receipt of
Purchase Order with or
without contract

Up to $45,000 No specific requirements.

Muni Code Sec 3.22.060A
Form authorized by
designated supervisor.

Note: Services of
temporary personnel
authorized by HR Mgr.
$45,001 to
$175,000
Informal competitive
bidding process or RFP.

Code Sec 3.22.060D
Form authorized by
department head. Note:

Services of temporary
personnel authorized by
HR Mgr.

Greater than
$175,000
Formal competitive bidding
or RFP with approval from
the City Manager. Code
Sec 3.22.060B.

Form authorized by
department head.

Contract approved by City
Manager/City Council.

Utility Payments Invoices Summarized and paid by
Finance; copies sent to PW
Supervisor.

Payment authorized by
PW Supervisor (may be
after payment process).

CITY OF CUPERTINO PURCHASING POLICY Effective September 1, 2013 Type Form Category Process Authorization
Construction Contracts

Contract;
Construction documents
and specifications
approved by Dir. of
Public Works or his
designee

Up to $45,000
No bidding required. Code
Sec 3.23.130D
Contract authorized by
designated supervisor
$45,001 to
$175,000

Informal competitive
bidding process. Code Sec

3.23.120
Contract authorized by
department head.

Greater than
$175,000
Formal competitive bidding
approved by Department
Head. Formal construction
documents approved by Dir.
of Public Works. Code Sec

3.23.030 through 3.23.120
Contract approved by City
Manager/City Council.

Professional Services
(including but not limited
to lawyers, architects,
engineers, land surveyors,
artists and accountants)
Petty Cash Voucher (up to
$75); or
Check Request; or
Partial Receipt of
Purchase Order with or
without contract

Up to $45,000
No bidding required. Code
Sec 3.22.070D and

3.23.130A
Form authorized by
designated supervisor.
$45,001 to
$175,000

No bidding required. Code
Sec 3.22.070D and

3.23.130A
Form authorized by
department head.

OR from another Public
Agency created under
California or US Gov’t
laws
Greater than
$175,000
No bidding required. Code
Sec 3.22.070D and

3.23.130A
Form authorized by
department head.

Contract approved by City
Manager/City Council.

Expense Reimbursements
and Advance Payment
Petty Cash Voucher (up to
$75); or
Check Request; or
Reimbursement of
Expenses
Any amount See Administrative
Procedure I-12 and
Unrepresented Employees’
Compensation Program
Policy No. 3
Form authorized by
designated supervisor.

Educational
Reimbursements
Request for Educational
Reimbursement of
Expenses
Up to $1,200 per
year
See Administrative
Procedure II-2;
Memorandum of
Understandings with CEA
and OE3
Authorized by Human
Resources and department
head.

G:\Finance\Procedures and Policies\Purchasing Policy Effective 9-1-13.docx Recipient Committee
Campaign Statement
Cover Page
Government Code Sections 84200- 84216. 5)

SEE INSTRUCTIONS ON REVERSE
Statement covers period
from 07/ 01/ 2016
through 12/ 31/ 2016

1. Type of Recipient Committee: All Committees— Complete Parts 1, 2, 3, and 4.

Officeholder, Candidate Controlled Committee Primarily Formed Ballot Measure 0 State Candidate Election Committee Committee
0 Recall 0 Controlled
Also Complete Part 5)
0 Sponsored
Also Complete Part 6)
General Purpose Committee
xD Sponsored
0 Small Contributor Committee
0 Political Party/ Central Committee
Primarily Formed Candidate/
Officeholder Committee
Also Complete Part 7)

3. Committee Information
I
I. D. NUMBER
1299673

COMMITTEE NAME ( OR CANDIDATE' S NAME IF NO COMMITTEE)

CUPERTINO CHAMBER OF COMMERCE PAC
STREET ADDRESS ( NO P. O. BOX)
ul l y STATE ZIP CODE AREA CODE/ PHONE
MAILING ADDRESS ( IF DIFFERENT) NO. AND STREET OR P. O. BOX

CITY STATE ZIP CODE AREA CODE/ PHONE

GOVER PAGE
D k-
Date of election if applic i I
Month, Day, Year) FEB 1 v 2017
a e 1 of 12
For Official Use Only

PERTINOCITY CLE K

2. Type of Statement:

Preelection Statement Quarterly Statement
x Semi- annual Statement Special Odd- Year Report
Termination Statement Supplemental Preelection
Also file a Form 410 Termination) Statement- Attach Form 495 x Amendment( Explain below)

UPDATED SCHEDULE D
Treasurer( s)

NAME OF TREASURER

ANDREW WALTERS

MAILING ADDRESS

CITY STATE ZIP CODE AREA CODE/ PHONE

NAME OF ASSISTANT TREASURER, IF ANY

MAILING ADDRESS

CITY STATE ZIP CODE AREA CODE/ PHONE
OPTIONAL: FAX/ E- MAIL ADDRESS
OPTIONAL: FAX/ E- MAIL ADDRESS

4. Verification
I have used all reasonable diligence in preparing and reviewing this statement and Executed on
Date
Executed on
Date
Executed on
Date
By
Signature of ControllingOfficeholder, Candidate, State Measure Proponent or Responsible Officer of Sponsor By
Signature of Controlling Officeholder, Candidate, State Measure Proponent By
Signature of Controlling Officeholder, Candidate, State Measure Proponent FPPC Form 460( Jan/ 2016)
FPPC Advice: advice @fppc. ca. gov( 866/ 275- 3772)
www. fppc. ca. gov
Schedule A
Scl- IFnt 11 F A
monetary L; ontrinutions Keceived
y —
1- lucu
Statement coversperiod to whole dollars.
from 07/ 01/ 2016
SEE INSTRUCTIONS ON REVERSE through 12/ 31/ 20169

NAME OF FILER

CUPERTINO CHAMBER OF COMMERCE PAC

CALIFORNIA
FORM

Page 4 of 12 ends

I. D. NUMBER
1299673

DATE FULL NAME, STREET ADDRESS AND ZIP CODE OF CONTRIBUTOR CONTRIBUTOR

IF AN INDIVIDUAL, ENTER AMOUNTCUMULATIVE TO DATE PER ELECTION

RECEIVED

IF COMMITTEE, ALSO ENTER
I.

D. NUMBER)
CODE *

OCCUPATION AND EMPLOYER RECEIVED THISCALENDAR YEAR TO DATE IFSELF- EMPLOYED, ENTER NAME PERIODJAN. 1 - DEC. 31) IF REQUIRED) 07/ 01/ 2016 KEITH WARNER
MIND

OF BUSINESS)
MANAGING PARTNER 100. 00100. 00 10601 M DRIVE PACIFIC WORKPLACES

CUPERTINNOO,,
C
A 95104C COM
OTH
PTY
SCC
08/ 22/ 2016 SAN JOSE WATER COMPANY IND 1, 000. 001, 000. 00 110 W. TAYLOR STREET COMSAN JOSE, CA 95196
x OTH
PTY
SCC
11/ 02/ 2016 SAND HILL PROPERTY COMPANY AND AFFILIATED IND 6, 906. 6625, 000. 00 ENTITIES

MULTI FAM PROPERTY, LLC, SAME

ADDRESS SCC
11/ 02/ 2016 SAND HILL PROPERTY COMPANY AND AFFILIATED IND 5, 023. 1225, 000. 00 ENTITIES

RETAIL PROPERTY, LLC, SAME ADDRESS
SCC
11/ 02/ 2016 SAND HILL PROPERTY COMPANY AND AFFILIATED
IND 650. 5325, 000. 00 ENTITIES

HOTEL PROPERTY, LLC, SAME ADDRESS
SCC
SUBTOTAL$ 13, 680. 31
Schedule A Summary

1. Amount received this period— itemized monetary contributions.

Include all Schedule A subtotals.)............................................

2. Amount received this period— unitemized monetary contributions of less than$ 100 .

3. Total monetary contributions received this period.

Add Lines 1 and 2. Enter here and on the Summary Page, Column A, Line 1.)........ 26, 100. 00

0. 00
TOTAL $ 26, 100. 00
Contributor Codes
IND- Individual
COM- Recipient Committee
other than PTY or SCC)
OTH- Other( e. g., business entity)
PTY- Political Party
SCC- Small Contributor Committee
FPPC Form 460( Jan/ 2016)
FPPC Advice: advice @fppc. ca. gov( 8661275- 3772)
www. fppc. ca. qov
Schedule A ( Continuation Sheet)
RA— w.. 4..... I7_ SCHEDULE A ( CONT)
IWw
UARy VvlIL! 1LJULIV11. E 11C%. C1VCU vlwunwmayoerounueo Statement coversperiod
to whole dollars.CALIFORNIA
1 from 07/ 01/ 2016
through 12/ 31/ 2016

Page 5 of 12 ends

NAME OF FILER
I. D. NUMBER

CUPERTINO CHAMBER OF COMMERCE PAC
1299673

DATE FULL NAME, STREET ADDRESS AND ZIP CODE OF CONTRIBUTOR CONTRIBUTOR

IF AN INDIVIDUAL, ENTER AMOUNTCUMULATIVE TO DATE PER ELECTION

RECEIVED

IF COMMITTEE, ALSO ENTER
I.

D. NUMBER)
CODE

OCCUPATION AND EMPLOYER RECEIVED THISCALENDAR YEAR TO DATE

IF SELF- EMPLOYED, ENTER NAME

OF BUSINESS)
PERIODJAN. 1 - DEC. 31) IF REQUIRED)
11 02/ 2016 SAND HILL PROPERTY COMPANY AND AFFILIATED IND 12, 419. 6925, 000. 00 ENTITIES

OFFICE PROPERTY, LLC, SAME ADDRESS
SCC
IND
COM
OTH
PTY
SCC
IND
COM
OTH
PTY
SCC
IND
COM
OTH
PTY
SCC
IND
COM
OTH
PTY
SCC
SUBTOTAL$ 12, 419. 69
Contributor Codes
IND– Individual
COM– Recipient Committee
other than PTY or SCC)
OTH– Other( e. g., business entity;
PTY– Political Party
SCC– Small Contributor Committee
FPPC Form 460( Jan/ 2016)
FPPC Advice: advice @fppc. ca. gov( 8661275- 3772)
www. fppc. ca. gov
Schedule D
C.. r„ rN. —. _ 4 C.. ... I: a....... crruc: n u C n Amounts may be rounded
Supporting/ Opposing Other
Statement coversperiod

CALIFORNIA
to whole dollars.

Candidates, Measures and Committees from o7/ 0l/ 2016FORM SEE INSTRUCTIONS ON REVERSE through 12/ 31/ 2016Page 6 of 12

NAME OF FILER
I. D. NUMBER

CUPERTINO CHAMBER OF COMMERCE PAC
1299673

DATE NAME OF CANDIDATE, OFFICE, AND DISTRICT, OR

TYPE OF PAYMENT DESCRIPTIONCUMULATIVE TO DATE PER ELECTION

MEASURE NUMBER OR LETTER AND JURISDICTION, IF REQUIRED)

AMOUNT THISCALENDAR YEAR TO DATE
OR COMMITTEE PERIODJAN. 1- DEC. 31) IF REQUIRED)
10/ 31/ 2016 LIANG CHAO
SCHOOL BOARD MEMBER Monetary
LIT 2, 393. 696, 219. 25
CUPERTINO UNION SCHOOL DISTRICT Contribution
Nonmonetary
Contribution
Independent
Support Oppose Expenditure
10/ 31/ 2016 MEASURE C
CITY OF CUPERTINO Monetary
LIT 2, 393. 6917, 695. 92
Contribution
x Nonmonetary
Contribution
Independent
Support Oppose Expenditure
10/ 31/ 2016 MEASURE D
CITY OF CUPERTINO Monetary
LIT 2, 393. 692, 393. 69
Contribution
Nonmonetary
Contribution
Independent
x Support Oppose Expenditure
SUBTOTAL $ 7, 181. 07
Schedule D Summary

1. Contributions and independent expenditures made this period of$ 100 or more. ( Include all Schedule D subtotals.)......................

2. Unitemized contributions and independent expenditures made this period of under$ 100............................................................

3. Total contributions and independent expenditures made this period. ( Add Lines 1 and 2. Do not enter on the Summary Page.) .... 34, 921. 81

0. 00
TOTAL $ 34, 921. 81
www. netfile. com FPPC Form 460( Jan/ 2016)
FPPC Advice: advice @fppc. ca. gov( 866/ 275- 3772)
www. fppc. ca. gov
Schedule D
Continuation Sheet)
Summary of Expenditures
Supporting/ Opposing Other
Candidates, Measures and Committees
SCHEDULED( CONT.)
Amounts may be rounded Statement covers period
to whole dollars. CALIFORNIA
from 07/ 01/ 2016
www. neffile. com
SUBTOTAL $ 14, 396. 60
FPPC Form 460( Jan/ 2016)
FPPCAdvice: advice @fppc. ca. gov( 866/ 275- 3772)
www. fppc. ca. qov
through 12/ 31/ 2016Pa 7 12ePage of

NAME OF FILER
I. D. NUMBER

CUPERTINO CHAMBER OF COMMERCE PAC
1299673

DATE NAME OF CANDIDATE, OFFICE, AND DISTRICT, OR

MEASURE NUMBER OR LETTER AND JURISDICTION, TYPE OF PAYMENT DESCRIPTION AMOUNT THIS

CUMULATIVE TO DATE

CALENDAR YEAR

PER ELECTION

OR COMMITTEE

IF REQUIRED)
PERIODJAN. 1- DEC. 31)

TO DATE

IF REQUIRED)
10/ 31/ 2016 STEVEN SCHARF
City Council Member Monetary
LIT 2 393 696 21 9. 25
CITY OF CUPERTINO Contribution
Nonmonetary
Contribution
x Independent
Support x Oppose Expenditure
10/ 31/ 2016 MEASURE B
COUNTY OF SANTA CLARA Monetary
LIT 2, 393. 702, 393. 70
Contribution
Nonmonetary
Contribution
x Independent
Support Oppose Expenditure
11/ 01/ 2016 LIANG CHAO
SCHOOL BOARD MEMBER Monetary
LIT 1, 921. 846, 219. 25
CUPERTINO UNION SCHOOL DISTRICT Contribution
Nonmonetary
Contribution
x Independent
Support x Oppose Expenditure
11/ 01/ 2016 MEASURE C
CITY OF CUPERTINO Monetary
LIT 7, 687. 3717, 695. 92
Contribution
Nonmonetary
Contribution
Independent
Support x Oppose Expenditure
www. neffile. com
SUBTOTAL $ 14, 396. 60
FPPC Form 460( Jan/ 2016)
FPPC Advice: advice @fppc. ca. gov( 866/ 275- 3772)
www. fppc. ca. qov
Schedule D
Continuation Sheet)
Summary of Expenditures
Supporting/ Opposing Other
Candidates, Measures and Committees
SCHEDULED( CONY.)
Amounts may be rounded Statement covers period
to whole dollars. CALIFORNIA
from 07/ 01/ 2016
through 12/ 31/ 2016Page g 12g of

NAME OF FILER
I. D. NUMBER

CUPERTINO CHAMBER OF COMMERCE PAC
1299673
DATE

NAME OF CANDIDATE, OFFICE, AND DISTRICT, OR

MEASURE NUMBER OR LETTER AND JURISDICTION,

TYPE OF PAYMENT DESCRIPTION AMOUNT THIS

CUMULATIVE TO DATE

CALENDAR YEAR

PER ELECTION

OR COMMITTEE
IF REQUIRED) PERIODJAN. 1- DEC. 31)

TO DATE

IF REQUIRED)
11/ 01/ 2016 STEVEN SCHARF
City Council Member E] Monetary
LIT 192184, .6, 21 9. 25
CITY OF CUPERTINO Contribution
Nonmonetary
Contribution
x Independent
Support x Oppose Expenditure
11/ 03/ 2016 LIANG CHAO
SCHOOL BOARD MEMBER Monetary
LIT 1, 903. 726, 219. 25
CUPERTINO UNION SCHOOL DISTRICT Contribution
Nonmonetary
Contribution
x Independent
Support x Oppose Expenditure
11/ 03/ 2016 MEASURE C
CITY OF CUPERTINO E] Monetary
LIT 7, 614. 8617, 695. 92
Contribution
x Nonmonetary
Contribution
Independent
Support x Oppose Expenditure
11/ 03/ 2016 STEVEN SCHARF
City Council Member Monetary
LIT 1, 903. 726, 219. 25
CITY OF CUPERTINO Contribution
Nonmonetary
Contribution
Independent
Support x Oppose Expenditure
www. neffile. com
SUBTOTAL $ 13, 344. 1
FPPC Form 460( Jan/ 2016)
FPPC Advice: advice@fppc. ca. gov( 866/ 275- 3772)
www. fppc. ca. qov
Recipient Committee

COVERPAGE
Campaign Statement n
a ta P
1 Cover Page
Govemment Code Sections 84200- 84216.

Statement covers period Date of election if appiic bl . ' 3 t 1 af 13
l0/ 21/ 2018
Monfh, Day, Year)
from
For Official Use Only
SEE INSTRUCTIONS ON REVERSE through 12/ 31/ 2018

1. Type of Recipient Committee: an comrnttees- cor peteParts, 2,3, a a a. 2. Type of Statement:

Officeholder, Candidate Controlled Committee Primarily Formed Ballot Measure Preelection Statement Quarterly Statement Q State CandidateElectionCommittee Committee x Semi- annual Statement Q Recall Controlled
Special Odd- Year Report
AlsoCompletePa tSJ
TerminationStatement SupplementalPreelection
Q Sponsored Also file a Form 410 Termination) Statemenf- Aftach Form 495 Also Complete Parf 6)
x General Purpose Committee Amendment( Explain below)
Q Sponsored Primarily Formed Candidate/
Q SmallContributorCommittee Officeholder Committee
Political Parly/ Central Committee
AlsoCompletePart7)

3. Committee Information
I. D. NUMBER
Treasurer( s)
1259673
COMMITTEE NAME( OR CANDIDATE' S NAME IF NO COMMITTcE) NAME OF TREASURER

CUPERTINO CHAMBER OF COMMERCE PAC
RICHARD ABDAT. AH

MAILING ADDRESS

SAMUEL HARVEY
MAILING ADDRESS( IF DIFFEREN NO. AND STREET OR P. O. BOX MAILING ADDRESS OPTIONAL: FAX/ E- MAIL ADDRESS OPTIONAL: FAX J E- MAIL ADDRESS

4. Verification
Ihaveusedallreasonablediligenceinpreparingandreviewingthisstatemenfandtothebestofmyknowledgefheinformationco tainedhereinandintheaftachedschedulesistrueandcomplete. Icertify under penaliy of perjury under the lawsQ f the State of California that the foregoing is frue and correct.

Executed on ` j ( ` !
gy
Executed on gy
ate Signahire of Controlling Officeholder, Candidate, Siate Measure Proponentor Responsible Officer oFSponsor Executed on gy
Signature of Controlling Officeholder, Candidate, State Measure Pmponent Executed on gy
SignawreofCormo ingOfficehdder, Candidate, SiateMeasureProponerrt FPPC FOmt 460( Jan/ 2016)
FPPC Advice: advice@fppc. ca. gov( 866/ 275- 3772)
www. ne le. com
www_ tPPc_ ca. yov
Schedule D
Summary of Expenditures Statement covers period

SCHEDULE D
SU OI"tltl 0 OSltl Other Amounts may be rounded
Pp 9 Pp g to whoie dollars.
from l0/ 21/ 2018
Candidates, IVleasures and Corrimittees
SEEINSTRUCTIONS ON REVERSE through 12/ 31/ 2018 page 5 of 13 NAME OF FILER I.D. NUMBER
CIIPERTINO CHAMBER OF COMMERCE PAC 1299673

NAME OF CANDIDATE, OFFICE, AND DISTRICT, OR DESCRIPTION

CUMULATIVE TO DATE PER ELECTION
A

MEASURE NUMBER OR LETTER AND JURISDICTION,

TYPE OF PAYMENT

IF REQUIRED)

AMOUNT THIS CALENDAR YEAR TO DATE

OR COMMITTEE
PERIOD JAN_' I- DEC. 31) IFREQUIRED)
10/ 26/ 2018 AIING WEI IND OF CANVASSING 7, 222_ 23 29, 870_ 00 City Council Member Monetary
CITY OF CUPERTINO Confribution
Nonmonetary
Contribution
Independent
Support Oppose Expenditure
10/ 26/ 2018 HUNG WEI
Monefary
IND OF CNS l, lll. 11 29, 870. 00
City Council Member
CITY OF CUPERTINO Contribution
Nonmonetary
Contribution
Independent
X Support Oppose Expenditure
10/ 26/ 2018 HUNG WEI IND OF WEB l, lll_ 11 29, 870. 00 city council Member Monetary
CITY OF CIIPERTINO Contribution
Nonmonetary
Contribution
Q Independent
Support Oppose Expenditure
SUBTOTAL $ 5, 444_ 45 , i'' i', " ' , , Schedule D Summary

1. Contributions and independent expenditures made this period of$ 100 or more_ ( Include all Schedule D subtotals.)........................................... $ 29. 610_ 36

2. Unitemized contributions and independent expenditures made this period of under$ 100................................................................................. $ o. 00

3. Totalcontributionsand independentexpendituresmadethis period. (Add Lines 1 and 2. Do not enteron the SummaryPage.)............. TOTAL $ 29. 610_ 36 FPPC Form 460( Jan/ 2016}
wwW_ ne le. com
FPPC Advice: advice@fppc. ca. gov( 866/ 275- 3772)
www. fppc. ca. gov
Schedule D
Continuation Sheet) scHEou corvr.

Summary of E cpenditures Amounts may be ounded Statement covers period U OPtlfl / 0 OSIII ot 1@t'
towholedollars. a '
pp J pp 9 tror o Z Zola
Candidates, Measures and Committees
through 12/ 31/ 2018 page 6 of 13
NAME OF FILER I_D. NUMBER
CIIPERTINO CHAMBER OF COMMERCE PAC 1299673

NAME OF CANDIDATE, OFFICE, AND DISTRICT, OR DESCRIPTION

CUMULATIVE TO DATE PER ELECTION

DATE TYPE OF PAYMENT AMOUNT THIS
MEASURE NUMBER OR LETTER AND JURISDfCTION, CALENDAR YEAR TO DATE

OR COMMIITEE
IF REQUIRED) pER1OD JAN. 1- DEC. 31) IF REQUIRED)
10/ 26/ 2018 HUNG WEI IND OF I, IT 425_ 67 29, 870. 00
city council Member Monetary
CITY" Or CUPERTINO Contribution
Nonmonetary
Coniribution
Independent
Support Oppose Expenditure
10/ 26/ 2018 ORRIN MAHONEY
Monefary
IND OF CANVASSING 7, 222. 23 29, 870. 00
City Council Member
CITY OF CUPERTINO Contribution
Nonmonetary
Contribution
0 Independent
Support Oppose F penditure
10/ 26/ 2018 ORRIN MAHONEY
Moneta
IND OF CNS 1, 111. 11 29, 870. 00
City Council Member rY
CITY OE CUPERTINO Contribution
Nonmonetary
Contribution
Independenf
Support Oppose Expenditure
10/ 26/ 2018 ORRIN MAHONEY IND OF WEB 1, 111. 11 29, 870_ 00 City Council Member Monetary
CITY OF CIIPERTINO Contribution
Nonmonetary
Contribufion
Independent
x Support Oppose Expenditure
i i, i
Sl1BTOTAL y 9 87_
7_2iliIhI +
i IIIli I
Iil
l i
i j lu II rhlil''
ilih
hi' lu illiil
i '
i
www. netfile. com
FPPC Form 460( Jan/ 2016)
FPPC Advice: advice@fppc. ca. gov( 866/ 275- 3TT2)
www. fppc. ca. gov
Schedule D
Continuation Sheet) SCHEDULED( CONT_)
Summary of Expenditures
Amountsmayberounded Statementcoversperiod
Su ortin / O osin Other
towholedollars.

Pp 9 PP 9 from o z zo s
Candidates, Measures and Committees
through 12/ 31/ 2018 page of 13
NAME OF FILER I. D. NUMBER
CUPERTINO CHAMBER OF COMMERCE PAC 1299673

DATE NAME OF CANDIDATE, OFFICE, AND DISTRICT, OR
ypE OF PAYMENT DESCRIPTION AMOUNT THIS

CUMULATIVE TO DATE PER ELECTION

MEASURE NUMBER OR LETTER AND JURISDICTION, IF REQUIRED)

CALENDAR YEAR TO DATE

ORCOMMITTEE
PERIOD JAN. 1- DEC. 31) IFREQUIRED)
10/ 26/ 2018 ORRIN MAHONEY IND OF I, IT 425. 67 29, 870_ 00 City Council Member Monetary
CITY OF CUPERTINO Contribution
Nonmonetary
Contribution
0 Independent
Ox Support Oppose Expenditure
10/ 26/ 2018 SAVITA VAIDHYANATH. AN IND OF CANVP_ SSING 7, 222. 23 29, 870_ 00 c ty councii Member Monetary
CITY OF CIIPERTINO Contribution
Nonmonetary
Contribution
x Independent
x Support Oppose Expenditure
10/ 26/ 2018 SAVITA VAIDHYANATHAN IND OF CNS 1, 111_ 11 29, 870. 00 city council Merober Monetary
CITY oF CUPERTINO Contribution
Nonmonetary
Contribution
Independent
Support Oppose 6cpenditure
10/ 26/ 2018 SAVITA VAIDHYANATAAN IND OF WEB 1, 111_ 11 29, 870_ 00 City Council Member Monetary
CITY OF CIIPERTINO Contribution
Nonmonetary
Contribution
Independent
Support Oppose Expenditure
i ull iil ; I i i i , il',iiiiii
SUBTOTAL W 9 i 87 0_ ZZ II i I I i
Iiliill
illP illllill4ll
l
1wil 11IIIIIillVIII I
I
ilil
I.;'ill il i' i i iiil ImlinI
www. netfile. cOm
FPPC Form 460( Jan/ 2016)
FPPC Advice: advice@tppc. ca. gov( 866/ 275- 3772)
www. fppc. ca. gov
Schedule D
Continuation Sheet) scHEou corvr.

Summary of Expenditures Amounts may be rounded Statementcovers period Su ortin / O osin Other
towholedollars.
fpp 9 PP 9 from 1o Zi Zois
Candidates, Measures and Committees
through 12/ 31/ 2o1s page $ of 13
NAME OF FILER I. D. NUMBER
CUPERTINO CHAMBER OF COMMERCE PAC 1299673
pA-

NAME OF CANDIDATE, OFFICE, AND DISTRICT, OR
ypE OF PAYMENT DESCRIPTION AMOUNT THIS

CUMULATIVE TO DATE PER ELECTION
CALENDAR YEAR TO DATEMEASURE NUMBER OR LETTER AND JURISDICTION, IF REQUIRED) PERIOD JAN. 1- DEC. 31) IF REQUIRED)

OR COMMITTEE
10/ 26/ 2018 SAVITA VAIDHYANATHAN IND OF LIT 425_ 67 29, 870_ 00 City Council Member Monetary
CITY OE CUPERTINO Contribution
Nonmonetary
Contribution
Independent
Support Oppose Expenditure
Monetary
Contribution
Nonmonetary
Contribution
independent
Support Oppose Expenditure
Monetary
Contribution
Nonmonetary
Confribufion
Independent
Support Oppose Expenditure
Monetary
Contribution
Nonmonetary
Contribution
Independent
Support Oppose Expenditure
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ii
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FPPC Form 460( Jan/ 2016)
FPPC Advice: advice@fppc. ca. gov( 866/ 275- 3772)
www. fppc_ ca. gov
efile GRAPHIC rint - DO NOT PROCESS As Filed Data - DLN:93493318137849 Form990
Return of Organization Exempt From Income Tax
OMB No 1545-0047
~ Under section 501(c), 527, or 4947(a)(l) of the Internal Revenue Code (except private foundations) ~ Do not enter social security numbers on this form as It may be made public 2018
Dc"IKli1I11C'llt of the"
Trt>a"uf\ ~ Go to www.irs.qov/Form990 for instructions and the latest information. Open to Public Inspection
A Forthe2019cra~le~n~d~a~r~~~~~~~~~~~~0~1~-~0~1~-~20~1~8~~a~n~d~e~n~d~i~~1~2~-3~1-~2~0~1~8~ __ ~r-__________________________ __ C Name of organization B Check If applicable
D Address change
D Name change
D Initial return

CUPERTINO CHAMBER OF COMMERCE
DOing business as
D Employer Identification number
94-1501489
D Final return/terminated
D Amended return 1---:7""---.,.----.,......,---,-..,.----:::-::::--;----,------.,.-----.,.--;-.,-----.,..,-----,---.,----,-,----:-r-;:---.,----,-,te--------- E Telephone number D Application pe
City or town, state or proVince, country, and ZIP or foreign postal code CUPERTINO, CA 95014
F Name and address of principal officer

ANDREW WALTERS
110 W TAYLOR STREET
SAN JOSE CA 95110
I Tax-exempt status 0 501(c)(3) ~ 501(c) ( 6 ) <II (Insert no) 0 4947(a)(1) or 0 527 J Website: ~ WWW CUPERTINO-CHAMBER ORG
K Form of organization ~ Corporation 0 Trust 0 Association 0 Other ~ 1 Briefly describe the organization's mission or most significant activities (408) 252-7054
G Gross receipts $ 381,760
H(a) Is this a group return for
subordinates?
H(b) Are all subordinates
Included?
OYes ~No
OYes ONo
If "No," attach a list (see instructions)
H(c) Group exemption number ~
L Year of formation 1954 M State of legal domicile CA

TO PROVIDE AND PROMOTE AN ACTIVE, REWARDING, PROFITABLE EXPERIENCE FOR OUR BUSINESS MEMBERS ~
~
(j;
:-
". c:
2 Check this box ~ 0 If the organization discontinued ItS operations or disposed of more than 25% of ItS net a 3 Number of voting members of the governing body (Part VI, line la) 4 Number of Independent voting members of the governing body (Part VI, line lb) 5 Total number of individuals employed In calendar year 2018 (Part V, line 2a) 6 Total number of volunteers (estimate If necessary)
7a Total unrelated business revenue from Part VIII, column (C), line 12 b Net unrelated business taxable Income from Form 990-T, line 34 8 9
10 11
12 13
14 Contributions and grants (Part VIII, line lh)
Program service revenue (Part VIII, line 2g)
Investment Income (Part VIII, column (A), lines 3, 4, and 7d ) Other revenue (Part VIII, column (A), lines 5, 6d, 8c, 9c, 10c, and lle) Total revenue-add lines 8 through 11 (must equal Part VIII, column (A), line 12) Grants and Similar amounts paid (Part IX, column (A), lines 1-3) • Benefits paid to or for members (Part IX, column (A), line 4) • 15 Salaries, other compensation, employee benefits (Part IX, column (A), lines 5-10) 16a Professional fundralslng fees (Part IX, column (A), line 11e) b Total fundralslng expenses (part IX, column (D), line 25) ~_O __________________ _ 17 Other expenses (Part IX, column (A), lines 11a-11d, l1f-24e) 18 Total expenses Add lines 13-17 (must equal Part IX, column (A), line 25) 19 Revenue less expenses Subtract line 18 from line 12 • Total assets (Part X, line 16) •
Total liabilities (Part X, line 26)
21 Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, It IS true, correct, and complete Declaration of preparer (other than officer) IS based on all information of which preparer has any knowledge
~ .. *,** 2019-11-14
Sign
Signature of officer Date
Here ~ANDREW WALTERS PRESIDENT
Type or print name and title
Print/Type preparer's name I Preparer's signature I Date o I PTIN 2019-11-14 Check If P01568974 Paid self-employed
Preparer Firm's name ~ WHEELER ACCOUNTANTS LLP Firm's EIN ~ 26-1508234 Use Only Firm's address ~ 1475 SARATOGA AVE STE 100 Phone no (408) 252-1800 SAN JOSE, CA 951294951
May the IRS discuss this return with the preparer shown above? (see instructions) OYes ONo For Paperwork Reduction Act Notice, see the separate instructions. Cat No 11282Y Form 990 (2018) Schedule G (Form 990 or 990-EZ) 2018 Page 2
'M'" Fundraising Events. Complete If the organization answered "Yes" on Form 990, Part IV, line 18, or reported more than $15,000 of fundralslng event contributions and gross Income on Form 990-EZ, lines 1 and 6b. List events with gross receipts greater than $5,000.
(a)Event #1 (b) Event #2 (e)Other events (d)
Total events
OIWALI FESTIVAL LUNAR NEW YEAR 5 (add col (a) through
(event type) (event type) (total number) col (e»)
Q)
;/
~ :::-
Q)
1 Gross receipts. 112,400 23,800 58,486 194,686 a:
2 Less Contributions.
3 Gross Income (line 1 minus
line 2) 112,400 23,800 58,486 194,686
4 Cash prizes
5 Noncash prizes
!J)
<1.' 6 Rent/facility costs Ul
C
<1.' 7 Cl.. Food and beverages
dS
U 8 Entertainment
<])
- 9 Other direct expenses £5 39,295 10,076 27,234 76,605 10 Direct expense summary Add lines 4 through 9 In column (d) ~ 76,605 11 Net Income summary Subtract line 10 from line 3, column (d) ~ 118,081 • :1':1 i.". Gaming. Complete If the organization answered "Yes" on Form 990, Part IV, line 19, or reported more than $15,000 on Form 990-EZ line 6a ,
Q)
(b) Pull tabs/Instant (d) Total gaming (add
2 (a) Bingo bingo/progressive bingo (e) Other gaming col (a) through col (e» Q)
:::-
Q)
a: 1 Gross revenue
!J)
<1.' 2 Cash prizes Ul
C
<1.' Cl.. 3 Noncash prizes
dS
U 4 Rent/facility costs <])
-£5 Other direct expenses 5
D Yes % D Yes % D Yes % ------------------- --------------------- --------------------- 6 Volunteer labor D No D No D No
7 Direct expense summary Add lines 2 through 5 In column (d) ~ 8 Net gaming Income summary Subtract line 7 from line 1, column (d). ~ 9 Enter the state(s) In which the organization conducts gaming activities _________________________ _ a Is the organization licensed to conduct gaming activities In each of these states 7 b If "No," explain
DYes DNo
_____________________________________________________________________________________________________________________________________________________________________________________________________________________________ J lOa Were any of the organization's gaming licenses revoked, suspended or terminated dUring the tax year7 b If "Yes," explain
DYes DNo
______________________________________________________________________________________________________________________________________________________________________________________________________________________________ .1 Schedule G Form 990 or 990-EZ 2018
990 Schedule 0, Supplemental Information
Return Explanation
Reference
FORM 990, EACH REGULAR MEMBER IS ENTITLED TO ONE VOTE ON EACH MATTER SUBMITTED TO A VOTE OF THE MEMBERS PAGE 6,

PART VI,
LINE 7B
990 Schedule 0, Supplemental Information
Return Explanation
Reference
FORM 990, MEMBERS, OFFICERS, AND DIRECTORS ARE REQUIRED TO EXERCISE THE DUTY OF CARE AND LOYALTY PAGE 6,

PART VI,
LlNE12C
efile GRAPHIC rint - DO NOT PROCESS As Filed Data -

SCHEDULE R
(Form 990)
Dc"IKli1I11C'llt oftht:" Trt>J"uf\
Intc:m~li Re\ ellUt:" "en ICC:

Related Organizations and Unrelated Partnerships
~ Complete if the organization answered "Yes" on Form 990, Part IV, line 33, 34, 35b, 36, or 37. ~ Attach to Form 990.
~ Go to www.irs.qov/Form990 for instructions and the latest information.

DLN:93493318137849
OMB No 1545-0047
2018
Open to Public
Ins ection
Name of the organization

CUPERTINO CHAMBER OF COMMERCE
Employer identification number
94-1501489
I@'. Identification of Disregarded Entities Complete If the organization answered "Yes" on Form 990, Part IV, line 33. (a) (b)
Name, address, and EIN (If applicable) of disregarded entity Pnmaryactlvlty (e)
Legal domicile (state
or foreign country)
(d)
Total Income
(e)
End-of-year assets
(f)
Direct controlling
entity
~"'IiI". Identification of Related Tax-Exempt Organizations Complete If the organization answered "Yes" on Form 990, Part IV, line 34 because It had one or more related tax-exempt organizations dUring the tax year.
(a) (b) (e) (d) (e) (f) (g)
Name, address, and EIN of related organization Pnmaryactlvlty Legal domicile (state Exempt Code section Public chanty status Direct controlling Section 512(b) or foreign country) (If section 501(c)(3)) entity (13) controlled entlty7
Yes No
(l)CUPERTINO CHAMBER PAC PAC CA 527 No
20455 SILVERADO AVE
N/A
CUPERTINO, CA 95014
26-0482223
For Pa erwork Reduction Act Notice see the Instructions for Form 990. Cat No 50135Y Schedule R Form 990 2018 1 2
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1 STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089

GALENA WEST
Chief of Enforcement

THERESA GILBERTSON
Senior Commission Counsel
Fair Political Practices Commission
1102 Q Street, Suite 3000
Sacramento, CA 95811
Telephone: (916) 323-6421
Email: [email protected]

Attorneys for Complainant
Enforcement Division of the Fair Political Practices Commission

BEFORE THE FAIR POLITICAL PRACTICES COMMISSION

STATE OF CALIFORNIA

In the Matter of:

CUPERTINO CHAMBER PAC and

ANDREW WALTERS,

Respondents.

FPPC Case No. 2016-20089

STIPULATION, DECISION AND ORDER

INTRODUCTION
Cupertino Chamber PAC (“Committee”) is a city ge neral purpose committee. At relevant times, Andrew Walters (“Walters”) served as the treasure r. The Committee and Walters violated the Political Reform Act (the “Act”)
1 by failing to timely file two 24-hour independent expenditure reports and two 24- hour contribution reports.

SUMMARY OF THE LAW
The Act and its regulations are amended from time to time. The violations in this case occurred in 2016. For this reason, all legal references and discussions of law pertain to the Act’s provisions as they existed at that time—unless otherwise noted.

//

1 The Political Reform Act—sometimes simply referred to as the Act—is contained in Government Code sections 81000 through 91014. All statutory references are to this code. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to this source.
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2 STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089
Need for Liberal Construction and Vigorous Enforcement of the Political Reform Act When enacting the Political Reform Act, the people of California found and declared that previous laws regulating political practices suffered from inadequate enforcement by state and local authorities. 2 Thus, it was decreed that the Act “should be liberally construed to accomplish its purposes.”3 One purpose of the Act is to promote transparency by ensuring that receip ts and expenditures in election campaigns are fully and tr uthfully disclosed so that voter s are fully informed and improper practices are inhibited.4 Along these lines, the Act includes a comprehensive campaign reporting system.5 Another purpose of the Act is to provide adequate enforcement mechanisms so that the Act will be “vigorously enforced.”6
24-Hour Contribution Reports
Each committee that makes or receives a late contribution shall report the late contribution within 24-hours of making or receiving the contribution. 7 A late contribu tion means a contribution, including a loan, that totals in the aggregate one thousand dollars ($1,000) or more and is made to or received by a candidate, a controlled committee, or a committee formed or existing primaril y to support or oppose a candidate or measure during the 90-day period preceding the date of the election, or on the date of the election, at which the candidate or measure is to be voted on.8 For the November 8, 2016 General Election, the 90-day reporting period started on August 10, 2016. Whenever the deadline falls on a Saturday, Sunday, or official state holiday, the filing deadline for a statement shall be extended to the next regular business day.9 24-Hour Independent Expenditure Reports
Each committee that makes or re ceives a late independent expe nditure shall report the late independent expenditure within 24-hours of maki ng or receiving the independent expenditure. 10 A late independent expenditure means an independent expenditure that tota ls in the aggregate one thousand

2 Section 81001, subdivision (h).
3 Section 81003.
4 Section 81002, subdivision (a).
5 Sections 84200, et seq.
6 Section 81002, subdivision (f).
7 Section 84203.
8 Section 82036.
9 Regulation 18116, subdivision (a).
10 Section 84204.
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3 STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089
dollars ($1,000) or more and is made for or against a specific candidate or measure involved in an election during the 90-day period preceding the date of the election or on the date of the election.11 For the November 8, 2016 General Election, the 90-day reporting period started on August 10, 2016. Whenever the deadline falls on a Saturday, Sunday, or official state holiday, the filing deadline for a statement shall be extended to the next regular business day.12 Joint and Several Liability
Every committee must have a treasurer. 13 Under the Act, it is the duty of the treasurer of a controlled committee to ensure that the committee complies with all the requirements of the Act concerning the receipt, expenditure, and reporting of funds. 14 The treasurer may be held jointly and severally liable, along with the committee, for violations committed by the committee.15

SUMMARY OF THE FACTS
The Committee has been a genera l purpose committee since 2007 and is sponsored by the Cupertino Chamber of Commerce. During the November 8, 2016 General Election, the Committee was responsible for producing three mass mailings in the last nine days before the election. Specifically, the Committee distributed mailings on Oc tober 31, 2016, November 1, 2016, and November 3, 2016 and spent approximately $34,921. The three maili ngs each featured communication s advocating for the support or opposition of candidates, city measures, and a county measure.

The three mailings advocated oppo sing the candidacy of Steven Scharf, a candidate running for Cupertino City Council. The three mailings advocated opposing the candidacy of Liang Chao, a candidate running for Cupertino Union School Di strict. The first mailer also a dvocated supporting Measure B, a county measure to authorize a countywide sales tax in Santa Clara County for transportation needs. Steven Scharf and Liang Chao were successful candidates. Measure B passed.

This financial activity was reported by the Com mittee as independent expenditures on a 24-hour independent expenditure report. The report was faxed to the City of Cupertino on Friday, November 4, 2016 at 7:44pm, as the City Clerk at the time did not yet accept electronic filings in 2016. The City Clerk,

11 Section 82036.5.
12 Regulation 18116, subdivision (a).
13 84100.
14 Sections 81004, 84100, 84213, and Regulation 18427.

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4 STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089
as per internal policy for receiving documents after business hours, marked the report as filed on the next business day, Monday, November 7, 2016.

Date of IE Pro Rata
Share/
Amount
In support of (S)/
In opposition of (O)
Due Filed by
Fax
Mailer 1

10/31/16

Total:
$7,179

$2,393

$2,393

$2,393

City Council candidate, Steven Scharf (O)

Cupertino Unified School District candidate,
Liang Chao (O)

County Measure B (S)
11/1/16

11/4/16

Mailers 2

11/1/16

Total:
3 ,842
$1,921

$1,921

City Council candidate, Steven Scharf (O)

Cupertino Unified School District candidate,
Liang Chao (O)

11/2/16

11/4/16
Mailer 3

11/3/16

Total:
$3,806

$1,903

$1,903

City Council candidate, Steven Scharf (O)

Cupertino Unified School District candidate,
Liang Chao (O)

11/4/16

11/4/16

The same three mailings also advocated opposing city Measure C and supporting city Measure D.

This activity was reported as nonmonetary contributions to the primarily formed committee, No on C and Yes on D – Cupertino Neighbors, Educators, and the Cupertino Chamber of Commerce for the Sensible and Sustainable Revitalization of Vallco, with major funding by Sand Hill Property Company and Vallco Property Owner LLC. Measure C and Measure D were competing measures and related to development standards and the disposition of the Vallco Shopping District, owned by the Sand Hill Property Company.

Both measures failed.

This activity was reported by the Committee as a non-monetary contribution on a 24-hour contribution report. The report was faxed to the City of Cupertino on Friday, November 4, 2016 at 7:44pm.

The City Clerk, as per their internal policy for receiving documents after business hours, marked the report as filed on the next business day, Monday, November 7, 2016. //
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5 STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089
Date of
Non-Mon
Pro Rata
Share/
Amount
In support of (S)/
In opposition of (O)
Due Filed by
Fax
Mailer 1

10/31/16

$4,787

City Measure C (O)
City Measure D (S)

Non-Mon to No on C and Yes on D (ID
#1383796
)
11/1/16 11/4/16
Mailer 2

11/1/16

$7,687

City Measure C (O)
City Measure D (S)

Non-Mon to No on C and Yes on D (ID
#1383796
)
11/2/16 11/4/16
Mailer 3

11/3/16

$7,614

City Measure C (O)
City Measure D (S)

Non-Mon to No on C and Yes on D (ID
#1383796
)
11/4/16 11/4/16

The Committee filed 24-hour reports prior to the election. As the Committee’s only reportable activity for 2016 occurred in the last 16-days prior to the election, no pre-election statements were required for the November 8, 2016 General Election. As a result, the Committee’s activity was not disclosed to the public until the day before the election, including the fact that the Sand Hill Property Company contributed $25,000 after the mailers were ordered and distributed an d that this amount constituted about 94% of the Committee’s contributions in 2016. The Committee therefore sent the mailers without needing to disclose on the mailers that the developer had provided substantial funding for the mailers.

VIOLATIONS
Count 1: Failure to Timely File 24-Hour Independent Expenditure Reports The Committee and Walters failed to timely file two 24-hour indepe ndent expenditure reports to disclose independent expenditures totaling appr oximately $4,787 due November 1, 2016 and $7,687 due November 2, 2016 in violation of Section 84204.

Count 2: Failure to Timely File 24-Hour Contribution Reports The Committee and Walters failed to timely file two 24-hour cont ribution reports to disclose contributions totaling approximately $7,179 due November 1, 2016 and $3,842 due November 2, 2016 in violation of Section 84203.

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6 STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089

PROPOSED PENALTY
This matter consists of two c ounts. The maximum penalty that may be imposed is $5,000 per count.

Thus, the maximum penalty that may be imposed is $10,000.16 In determining the appropriate penalty for a particular violation of the Act, the Commission considers the facts of the case, the public harm involved, and the purposes of the Act. Also, the Commission considers factors such as: (a) the seriousness of the violation; (b) the presence or absence of any intention to conceal, deceive or mislead; (c ) whether the violation was deliberate, negligent or inadvertent; (d) whether the violation was isolated or part of a pattern; (e) whether corrective amendments voluntarily were filed to provide full disclosure; and (f) whether the violator has a prior record of violations.17 Failure to timely file 24-hour contribution and independent expenditure reports can cause serious harm, as it deprives the public of timely disclosure of the Committee’s actions before an election. It is particularly egregious when the disclosure is required during the last 16-days before the election, as it is the only means of disclosure regarding late, potentially impactful advocacy just before votes are cast. The Committee sent out advertisements without having the cash on hand to pay for them and the interested party, Sand Hill Property Company, paid for a portion of the advertisements when it was too late to change the disclosure on the mailings. In mitigation, the Committee and Walters, have no prior enforcement history and Sand Hill Property Company was properly reported as a contributor on the 24-hour reports that were filed by fax on November 4, 2016. The required campaign statements were filed prior to the election.

However, the Committee failed to include the required phrase “Paid for by” and did not include the exact name of the committee listed on the statement of organization on two of the three mailers. The return address for the mailers did list “Cupertino Chambe r PAC” or “Cupertino Chamber of Commerce PAC.” This is not being pursued as a separate charge in consideration for this stipulated agreement but is considered an aggravating factor.

Additionally, the Commission considers penalties in prior cases with comparable violations. A recent similar case respect to Counts 1 and 2 is: In the Matter of Tracy Firefighters Association PAC, Eric Oliveri, Carlos Hampton, Scott Byers, and Justin Lagasa , FPPC Case No. 16/757. The respondents were

16 See Section 83116, subd. (c).
17 Regulation 18361.5, subd. (d).
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7 STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089
a sponsored city general purpose committee and failed to timely file four 24-hour contribution reports for six late contributions totaling $11,914. On Decem ber 19, 2019, the Commission imposed a penalty of $2,500.

Here, the Committee failed to timely file two 24 -hour contribution reports disclosing a total of $12,474 and two 24-hour independent expenditures reports disclosing a total of $11,021. In mitigation, the two late filed reports were filed prior to the election, albeit after regular business hours on Friday. However, the untimely disclosure led to limited public noti ce that the mailers were supported by Sand Hill, a developer that would be imp acted by the passing or failing of Meas ures C or D. Theref ore, a penalty of $2,500 for Counts 1 and 2 is justified.

After considering the factors listed in Regulation 18361.5, prior similar cases, and other relevant facts, a penalty of $5,000 is recommended against the Committee and Walters.

CONCLUSION
Complainant, the Enforcemen t Division of the Fair Polit ical Practices Commission, and Respondent Cupertino Chamber PAC and Andrew Walters, hereby agree as follows:

1. Respondents violated the Act as described in the foregoing pages, which are a true and accurate summary of the facts in this matter.

2. This stipulation will be subm itted for consideration by the Fair Political Practices Commission at its next regularly scheduled meeting—or as soon thereafter as the matter may be heard.

3. This stipulation resolves all factual and legal issues raised in this matter—for the purpose of reaching a final disposition without the necessity of holding an administrative hearing to determine the liability of Respondents pursuant to Section 83116.

4. Respondents have consulted with their attorney, Jim Sutton of the Sutton Law Firm, and understand, and hereby knowingly and voluntarily waive, all procedural rights set forth in Sections 83115.5, 11503, 11523, and Regulations 18361.1 through 18361.9. This includes, but is not limited to the right to appear personally at any administrative hearing held in this matter, to be represented by an attorney at Respondents’ own expense, to co nfront and cross-examine all witnes ses testifying at the hearing, to subpoena witnesses to testify at the hearing, to have an impartial administrative law judge preside over the hearing as a hearing officer, and to have the matter judicially reviewed. 1 2
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8 STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089

5. Respondents agree to the issuance of the decision and order set forth below. Also, Respondents agree to the Commission imposing against th em an administrative penalty in the amount of $5,000. One or more payments totali ng said amount—to be paid to th e General Fund of the State of California—is/are submitted with this stipulation as full payment of the adminis trative penalty described above, and same shall be held by the State of California until the Commission issues its decision and order regarding this matter.

6. If the Commission refuses to approve this stipulation—then this stipulation shall become null and void, and within fifteen business days after the Commissi on meeting at which the stipulation is rejected, all payments tendered by Respondent s in connection with this stip ulation shall be reimbursed to Respondents. If this stipulation is not approved by the Commission, and if a full evidentiary hearing before the Commission becomes necessary, neither any member of the Commission, nor the Executive Director, shall be disqualified because of prior consideration of this Stipulation.

7. The parties to this agreement may execute th eir respective signature pages separately. A copy of any party’s executed signature page, including a hardcopy of a signature page transmitted via fax or as a PDF email attachment, is as effective and binding as the original.

Dated: _______________________ ________________________________________ Galena West, Chief of Enforcement
Fair Political Practices Commission

Dated: _______________________

________________________________________
Andrew Walters,
Individually and on behalf of the Cupertino Chamber
PAC

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9 STIPULATION, DECISION AND ORDER
FPPC Case No. 2016-20089
The foregoing stipulation of th e parties “Cupertino Chamber PA C, and Andrew Walters,” FPPC Case No. 2016-20089, is hereby accepted as the final de cision and order of the Fair Political Practices Commission, effective upon execution below by the Chair.

IT IS SO ORDERED.

Dated: ___________________ ________________________________________ Richard C. Miadich, Chair
Fair Political Practices Commissio
n

Written
Communications
CC 03-21-2023
Item No. 5
Consider authorizing
execution of a
Maintenance Services
Contract for City-owned
orchards
From: EAC Chair
To: City Council
Cc: Cupertino City Manager"s Office; City Clerk; Shani Kleinhaus; Connie Cunningham Subject: Public Comment: Item 5 – Consider authorizing execution of a Maintenance Services Contract for City-owned orchards
Date: Tuesday, March 21, 2023 5:15:06 PM
Attachments: Item 5 - SCVAS public comment.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Wei and Councilmembers,
We would like to propose edits to the Maintenance Services Contract for City-owned orchards as listed in Item 5 of the Consent Calendar in order to add wildlife and creek protections. We will speak to this item during the City Council meeting should it be pulled from the Consent Calendar. We are attaching the suggested language that should be added to the contract in this email (see PDF). This is language taken from the Blackberry Farm Golf Course Maintenance Services Contract that was revised last October with edits appropriate for City-owned orchards, so this should be familiar to you and City Staff already.

Regards,
Annie Yang
Environmental Action Committee Chair
Santa Clara Valley Audubon Society
22221 McClellan Rd
Cupertino, CA 95014
[email protected]
March 21, 2023
RE:Item 5 – Consider authorizing execution of a MaintenanceServices Contract for City-ownedorchards Dear Mayor Wei and Councilmembers,
We would like to propose edits to the Maintenance Services Contract for City-owned orchardsas listed in Item 5 of the Consent Calendar. The draft contract lacks wildlife and creekprotections, such as those in the Blackberry Farm Golf Course Maintenance Services Contract.As you may remember, the initial version of the current Blackberry Farm Golf CourseMaintenance Services Contract did not include wildlife and creek protections, which we pointedout last October. The City subsequently and promptly added that language into the contract, andwe appreciate the City doing that so swiftly. Many wildlife protections in the Blackberry FarmGolf Course Maintenance Services Contract, such as those protecting birds during the nestingseason, apply to City-owned orchards. Therefore, much of the same language should be addedto the Maintenance Services Contract for City-owned orchards.

Below is the language taken from the Blackberry Farm Golf Course Maintenance ServicesContract, with appropriate edits in red, for your consideration to be added to the MaintenanceServices Contract for City-owned orchards.

WILDLIFE CONSIDERATIONS
Contractor is to note that a number of federally- and state-protected wildlife speciesinhabit the Stevens Creek corridorand portions ofthe golf course. Among the speciesare steelhead fish, turtles, woodrats, various birds of prey such as hawks, owls andwhite-tailed kites, and various migratory birds and songbirds. These animals and theirhabitat are protected by various federal and state regulations. Those regulations affectactivities that could affect wildlife directly or indirectly, including actions on the golfcourse that could affect the creek and its water quality. Such actions include fertilizeruse, pesticide use, irrigation practices,operationof the golf course ponds, vehiclewashing, and other procedures.

Contractor shall meet with City staff and representatives annually to review maintenanceactivities relative to these considerations. Contractor is encouraged[to]meet with Cityrepresentatives more frequently as needed to ensure compliance. Further considerationsare noted below.

NESTING BIRDS
Contractor shall be aware of nesting birds on treeswithin the golf course[in the orchard].If tree trimming or removal is required during the nesting period, the Contractor shallconduct a survey for nesting birdson the entire golfcourseprior to performing the work.

SCVAS, Page2

TERRESTRIAL WILDLIFE
VEGETATION TRIMMING AND REMOVAL: Novegetation alongthe creek edge or anytreesin any location on the golf courseshall betrimmed or removed from February 1 toAugust 31, unless it has been reviewed for presence of nests and protected wildlife by abiologist or qualified professional or the City Naturalist.

TREE REMOVAL: Certain trees are protected by City ordinance. No tree shall beremoved or significantly pruned without advance approval by the City representative.

BIRD BREEDING SEASON: Breeding season for raptors, birds of prey such as hawksand owls, is normally from February 1 to August 31, with highest activity usually fromearly or mid March onward. Most such birds and their nests and breeding are protectedby law. Routinegolf course operations[orchard maintenance]may proceed duringbreeding season. However, during this time contractor shall endeavor to reducedisturbing activities, such as loud noises or vibration, within 250 feet of a raptor nest siteand within 400 feet of a white-tailed kite nest site. Songbird nests are generally protectedwithin a 100 foot radius.

RODENTICIDE USE: Use of any and all rodenticides [to poison squirrels, gophers, mice,rats] or chemicals is banned, unless authorized in advance in writing by the City.

EMISSIONS: Contractor is to minimize the use of exhaust- and emission-producingequipment to the extent compatible with performance of the work. Contractor shall favorthe use of equipment powered by electrical, batteries or hand rather than diesel. gas oroil, as feasible.

WILDLIFE REPORTING:

Contractor shall report any observations of the following to the City representative within1 working day:● active raptor nests turtles● woodrats [potentially San Francisco dusky-footed woodrat]● frogs (potentially California red-legged frog) salamanders [potentially Californiatiger salamander]● other potentially protected wildlife WATER QUALITY CONSIDERATIONS: Protection of Creek& Ponds RUNOFF: No runoff from any applications of chemicals, pesticides or fertilizer shall flowinto creeks or ponds[nor to drainage inlets thatdischarge to creeks or ponds], includingrunoff from allowable products. No runoff other than clean rainwater shall flow into thecreek. Contractor shall consider weather conditions and watering regimes in order toschedule application of fertilizer, pesticides and chemicals in a manner that preventsrunoff to creeks or ponds. Contractor shall operate irrigation system and wateringactivities in a manner that prevents irrigation runoff as well. Contractor shall monitor andtest for runoff of any chemicals, pesticides, or fertilizer to ensure runoff does not occur.

EQUIPMENT WASHING: All equipment shall be washedwithinthe equipment wash offarea in the golf maintenance yard, or in an equivalent offsite[in a]facility that filters washwater and is connected to the sanitary sewer system.Screens shall be cleaned of grassclippings and other material after each use.No washingis permitted elsewhere.

SCVAS, Page3
We hope that you add these protections into the contract.

Regards,
Annie Yang
Cupertino ResidentEnvironmental Action Committee ChairSanta Clara Valley Audubon Society22221 McClellan RdCupertino, CA [email protected] From: Liang Chao
To: City Clerk
Subject: Written Communication: Questions for Agenda Item 5 : Contract for city orchards:

Date: Tuesday, March 21, 2023 4:33:14 PM
Please enter the list of questions to staff into the written communication for the 3/21 Council meeting.

Liang Chao​
Council Member
City Council
[email protected]
408-777-3192
From: Liang Chao <[email protected]>
Sent: Monday, March 20, 2023 11:17 AM
To: Pamela Wu <[email protected]>
Cc: Matt Morley <[email protected]>
Subject: Re: Questions for Agenda Item 5 : Contract for city orchards:

Regarding Q6, the staff report states "Maintenance of these orchards is supportive of Cupertino’s Climate Action Plan 2.0, under the Working with Nature strategic pillar. Proper orchard tree maintenance ensures the trees stay healthy and provide the best fruit production annually."
Could you elaborate a bit more on how maintaining these fruit trees fits in the Climate Action Plan 2.0?
Thanks!
Liang
Liang Chao​
Council Member
City Council
[email protected]
408-777-3192
From: Liang Chao
Sent: Monday, March 20, 2023 11:12 AM
To: Pamela Wu <[email protected]>
Cc: Matt Morley <[email protected]>
Subject: Questions for Agenda Item 5 : Contract for city orchards:

Thank you for including the draft contract and the list of companies who submitted bids and their bidding amount in the agenda packet. I would have liked to see the RFP to provide context.

Questions for Agenda Item 5: Contract for city orchards:

Q1: How many staff members the city previous use to maintain the orchards in Stocklmeir
and Blackberry Farm? Will there be a staffing adjustment to remove the extra (and now vacant) staffing positions?
The staff report states "Currently, only one of the orchards near Varian Park is maintained by a contractor and the remaining two orchards at Stocklmeir and Blackberry Farm are maintained by City employees. Due to the lack of staffing resources, the City is unable to provide maintenance to a level that is satisfactory to the City. Staff is proposing to use an experienced and qualified contractor to maintain all three orchards."
Q2: How does the city utilize these city-owned orchards? For educational purposes or any other purposes? How does the city utilize the fruits produced? Q3: How many acres of land in each of the three parks with orchards? Q4: How much water is it estimated that these orchards consume? Q5: What will be the performance assessment criteria and process before the city decides whether to renew the contract?
Q6: Are these fruit trees native plants? What's their impact or contribution on biodiversity? What's their role in the city's Climate Action Plan 2.0? (Just curious if there is any) Thanks.

Liang
Liang Chao
​
Council Member
City Council
[email protected]
408-777-3192

Written
Communications
CC 03-21-2023
Item No. 6
Consider authorizing
execution of an On-Call
Tree Maintenance
Services Contract with
West Coast Arborists, Inc
From: Liang Chao
To: City Clerk
Subject: Written Communication: Questions for Agenda Item 6 : Contract for on-call tree maintenance Date: Tuesday, March 21, 2023 4:33:43 PM
Please enter the list of questions to staff into the written communication for the 3/21 Council meeting.

Liang Chao​
Council Member
City Council
[email protected]
408-777-3192
From: Liang Chao
Sent: Monday, March 20, 2023 11:30 AM
To: Pamela Wu <[email protected]>
Cc: Matt Morley <[email protected]>
Subject: Questions for Agenda Item 6 : Contract for on-call tree maintenance

I understand the need for on-call tree maintenance services, especially as we are experiencing storming weather this year. I just wish to ensure a fair and transparent process for all applicants.

Q1: Please provide the RFP for context.

Q2: I believe the state law requires the city to choose the lowest bid, unless the city council adopted a resolution to allow another to select based on the qualifications. What resolution the city has adopted for tree maintenance service to allow selection based on both bid amount and qualification?
The staff report states "This is an on-call contract to provide services on unanticipated needs.

As a means of comparing potential costs of the proposal, each vendor provided sample unit or line item pricing in the RFP for services that the City would likely request the successful firm to perform. When tree maintenance services are needed, the unit prices will be used to determine the overall cost of the work request. Based on these unit costs and an assessment of the qualifications of each firm, West Coast Arborists was identified as the most advantageous vendor for the City."
I understand that the lowest bid may not always be the best method. But the intent is to ensure fair opportunity for everyone, especially underprivileged businesses.

Q3: What evaluation criteria or scoring methods were used to determine the qualification of the applicants? Are the criteria made available to the applicants in the RFP? Q4: What's the unit costs and ranking of qualification of all 6 of the firms who submitted their responses to RFP?
Q5: Has the city or any city staff worked with any of the 6 firms before or do they have existing contract with the city?
Thanks.

Liang
Liang Chao​
Council Member
City Council
[email protected]
408-777-3192

CC 03-21-2023
Written
Communications
Item No. 7
Petitioner's
Presentation
The Public Storage Sign Mistake &
How We Can Fix It

1. Why Reconsider the February 7 Council Vote?
Council voted to approve a Public Storage sign without having necessary data/direction to make an informed decision

2. Why Deny the Sign Application?
The Proposed Sign does not meet the Municipal Code
1 This Response to the Staff report addresses 3 areas (CMC 2.08.096)

1. Evidence improperly excluded from hearing

2. Council had unfair hearing

3. Council inadvertently abused its discretion
You Only Need ONE Reason to Reconsider
and There are Many!
Now you have the opportunity to
Respond to your Residents’
Health and Safety needs and to
follow the Municipal Code
My apologies for using the harsh language of improper exclusion, unfair, abuse of discretion –those are required by code 2 “The Sign Ordinance provides the regulations that the City has adopted to ensure that signage
does not impinge upon the aesthetics of the City and
does not inconvenience the public”
https://www.cupertino.org/our-city/departments/community-development/planning/non-residential-mixed-use-development/sign-information Public Nuisance – excessively bright lights on building and sign all night long The building’s excessive exterior lighting gives you an idea as to the impact of the proposed sign 3 1) You could not have a fair hearing because relevant evidence was improperly excluded. You were told that you had to vote for 1 freeway-oriented sign because the building had none. In fact, the building already its one allowable freeway-oriented sign.

A business is allowed to have 1 freeway-oriented sign (CMC 19.104.200) "Freeway oriented Sign" = located within 660 ft of a freeway and visible from a freeway(CMC 19.08.030 S.7) Existing Sign Visible from Freeway – Brighter than Green Freeway Sign (and excessive illumination on building) Missteps During the Sign Approval Process
4 Staff Report (2/7 page 2) assumes that only sign 2 and 3 are freeway-oriented and incorrectly assumes that sign 1 is not freeway-oriented: “Sign 1”, proposed on the east elevation of Building One, is not oriented toward I280 (see Figure 2). Of the three wall signs, two (2) are freeway oriented where only one is permitted.”
As mentioned in the Reconsideration Petition, Sign #1 is visible from the highway 280, which is proved to be visible and considered to be a freeway-oriented sign on the previous slide. (CMC 19.104.220 Freeway Orientation – 1 per business/tenant in a building).

Council rendered a decision
that was not supported
by findings of fact.

Sign 1 “east”
Sign 2, 3 exclusively
Freeway oriented
Mistakes Happen – We Can Fix This
FYI – Planning staff
who allowed the
building no longer
work for the City
5 2) It might not have been obvious at first, but the homes and hotel across the freeway are being flooded with light pollution all night long. The fact that the proposed sign directly faces homes across the freeway, was improperly excluded.

The sign has HUGE 4’ 6” tall illuminated letters.

Your Constituents are Directly Impacted (and were not noticed):
• De Anza Forge
• Markham
• Cupertino Hotel
Actual Setting
(Blue arrow is
proposed sign 3)
Oak Park
Village Homes
The Voices of Your Most Impacted Constituents were Muted 6 < - - - - - - - - - - - - - 51’ 4” - - - - - - - - - - - - - > Not In My City
|
11’
6”
|
Letters 4’ 6” tall (total of 165 sq ft of illuminated white letters); Person is about 6’ tall 3) The sign (#3) has the appearance of being 625 sq ft, but the Council was told it was 165 sq ft. An explanation as to how signs are measured was improperly excluded, leading one to believe that the sign would be smaller (by nearly a factor of 4).

Staff could have asked the applicant if the sign plan could be shown.

And staff could have provided a schematic with the length and height of the orange wall (11’ 6” x 51’ 4”), the height of the letters (4’ 6”), and a photograph of a similar sign on the building which is about 1/3 of the size of the proposed sign.

An illuminated sign is not
measured by the size of the
rectangle, it is measured by
the area of the illuminated
letters.
7 4) You were not told that the building was supposed to be nearly invisible from the freeway; how can you justify approving highly visible signage now? Planning Commission approved this building because it was given the impression that this would be a low-key, low-impact building. A low- impact building doesn’t require multiple signs, illuminated signs, or giant signs. The previous building had no freeway-oriented sign for 40 years. Now, Public Storage wants 3 freeway-oriented signs for advertising purposes that are visible to motorists driving by at “75 mph.” Applicant:
“We did a couple of visibility studies
to see the impact from the freeway”
“from the 280, you can barely see
the property”
“even when we are at 4 stories”
Staff Report 2/7: allowing more than one wall-mounted sign to a single business is contrary to the intent and purpose of the Sign Ordinance (CMC 19.104), which seeks to balance the architectural and aesthetic harmony of signs into the overall building design but still allow for good sign visibility for both the public and the needs of businesses, without over-signage.

Relevant Evidence was
Improperly Excluded
8 5) Council assumed that the Cupertino Hotel sign looked just like the proposed Public Storage sign. Even the existing Public Storage sign, which is 1/3 the size of the proposed sign, is more impactful. Council approved the new
Public Storage sign based on the false assumption
that it would be the only freeway-oriented sign and
its impact would be comparable to that of the hotel.

Photo taken from 280 on-ramp North
Council abused its discretion by rendering a decision which was not supported by findings of fact Existing Sign on East Side of Building
9 6) Council was unable to provide a fair hearing because Council failed to obtain clear instructions from staff.
• The City Attorney was not provided the opportunity to explain why the prior Planning Commission’s decision had no legal standing. Planning Commission had listed non-compliance with the sign ordinance as one of its reasons for denial.

Consequently, Council could have been confused as to what reasons they could give for rejecting the applicant’s appeal.
• Council received inconsistent and conflicting direction from staff members. • After Public Comment had closed, staff told Council that they could only base their decision on a certain portion of the municipal code. Consequently, the residents were denied the opportunity to provide relevant testimony. • Council was confused about whether they could vote for 0, 1 or 2 signs.

Council was given the impression that they had to vote for at least 1 sign, when in fact they could vote for 0.
• Council was told that the proposed sign is compliant with CMC 19.104.220 Design Criteria and it is not. However, it was up to Council to determine compliance, not staff. Council was not shown the code, even after it was requested by a council member. The Design Criteria, which is key to sign-approval, was improperly excluded. It is so important that it is listed 12 times in the Municipal Code! 10 7) The CMC 19.104.220 Design Criteria, which is key to approving signs, was improperly excluded from the staff report and from the hearing – even after a councilmember requested its display – and subsequently asked for a continuance. The development requirements were also improperly excluded.

CMC 19.104.220 C. The sign shall also be compatible with the aesthetic character of the surrounding developments and neighborhood With the exception of Public Storage, the area is residential and office per the N De Anza special area of the General Plan. In fact, a proposal to replace the single-story Public Storage buildings in 2006 with 3-story buildings was recommended for rejection by the City Planning department because it was an intensification of a non-conforming use. Staff was also concerned that a new 3-story tall building would be prominently visible from Interstate 280.

No adjacent offices have wall signs – the maximum size for a wall sign is 40 square feet. In order to be compatible, the existing sign at 52.5 square feet would need to be reduced – or not be there at all. It has been illuminated all night long in spite of complaints. (The new sign would be 165.8 sq ft) South Side is dark
at night and faces
offices. Somewhat
compatible.

East Side nearest freeway is
bright, faces adjacent homes,
visible from freeway.

Not compatible
11 All Signs are Subject to Design Criteria
Unfortunately, Council Conflated Objective Criteria with Design Criteria CMC 19.104.220 color and illumination shall not produce a distraction to motorists The applicant stated that he would want the sign to be visible to motorists passing by at 75 mph. Consequently, the new sign would produce a distraction. All De Anza Forge residents will be blinded by the sign when they enter their driveway, a Safety Hazard.

CMC 19.104.220 color and illumination shall not produce a distraction to residents Because the smaller sign produces a distraction, the larger one will too. Public Storage is not complying with Municipal Code and turning off the sign by 11PM – a Health Hazard.

Allowing lights to shine into bedrooms until 11PM – or at anytime – is a Public Nuisance. 12 All Signs are Subject to Design Criteria (page 2)
Case Study: How a Good Sign Program Works
The Sign Ordinance provides the regulations that the City has adopted to ensure that signage does not impinge upon the aesthetics of the city and does not inconvenience the public cupertino.org/our-city/departments/community-development/planning/non-residential-mixed-use-development/sign-information

1. Determine Size limit depending on building size
Commercial Maximum = 200 square feet; Office Maximum = 40 square feet (CMC 19.104.140)

2. Determine Illumination limit
Commercial/Office/Industrial = 250 ft-L; Others = 100 ft-L The foot-lambert readings shall be used as a guide by staff to evaluate signs which are deemed to be a problem to passing motorists or residents in the surrounding neighborhood. The color and thickness of the sign panels as well as the brightness of the bulbs used to illuminate the sign shall be designed in such a manner as to avoid excessive illumination and glare. (CMC 19.104.230)

3. Refine Design basic design guidelines are needed in order to maintain the City's high quality appearance (CMC 19.104.220)
- compatible with the aesthetic character of the surrounding developments and neighborhood
- color and illumination shall not produce distraction to motorists or nearby residents

4. Notice Impacted Residents, including those beyond minimum 300’ requirement. “The City may also give notice of public hearings/public meetings in any other manner it deems necessary or desirable. If the Director of Community Development believes the project may have impacts beyond the range of the mailed notice, particularly on nearby residential areas, the Director, in his or her discretion, may expand noticing beyond the stated requirements” (CMC 19.12.110 E)
“Following the formal application, the applicant worked with Staff to further refine the plans, including the size of the sign, percentage of store front area, and illumination intensity.” Applied May 2 2016, Approved August 9 2016 (PC Staff Report 8/9/2016) 13 Comparing Public Storage with Hyatt House
What Makes Public Storage Different?
- Not supposed to be visible from the freeway
- Extremely Visible (effect on adjacent freeway sign?)
- Faces Residents’ Homes
- Intensification of a Non-Conforming Use
- Violates Municipal Code 14
Mistakes Happen – We Can Fix This!
Accepting that the hearing went wrong and rejecting the sign proposal allows the applicant to re-apply and work with staff and propose a more appropriate signage Consequences of Accepting the Sign
Public Nuisance, Health Hazard, Safety Hazard, Excessive Energy Use, Light Pollution Please also do something about the excessive illumination on the building Question?
If my home was allowed to have only 1 swimming pool and I already had one that was accidentally permitted as a small hot tub, upon realizing that error, would the City allow me to have a second swimming pool?
Public Outcry
• Many Personal Letters
• Over 144 signatures from change.org petition to:

Say No to Huge Illuminated Sign Facing 280 on Cupertino Public Storage Building • Audubon Society Action Alert: Tell Cupertino to say no to lighted sign • Sierra Club Loma Prieta Chapter: Call to Action
15 Now you Have over 7 Reasons
Why you must Reconsider this Application,
You Only Need

1. The building already its one allowable freeway-oriented sign.

2. The fact that the proposed sign directly faces homes across the freeway, was improperly excluded. By failing to notify your most impacted residents, they were muted.

3. An explanation as to how signs are measured was improperly excluded, leading you to believe that the sign would be smaller (by nearly a factor of 4).

4. You were not told that the building was supposed to be nearly invisible from the freeway; how can you justify approving highly visible signage now?

5. Council approved the new sign based on the false assumption that it would be the only freeway-oriented sign and its impact would be comparable to that of the hotel.

6. Council was unable to provide a fair hearing because Council failed to obtain clear instructions from staff.

7. CMC 19.104.220 Design Criteria, which is key to approving signs, was improperly excluded. 1 16
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/1/1/2/i255/4/5/6/7/5/i255/1/8/5/9/5/i255/10/5/8/8/11/12/i255/13/14/15/14/16/17/6/i255/4/17/18/19/11/7/12/20/i255/21/9/11/11/6/22/17/17/7/23/19/8/8/24/20/i255/1/19/7/12/i255/1/17/14/6/18/19/8/i255 Dear City Council:

We are deeply disappointed and troubled that the City Council has allowed Public Storage to install very large illuminated signage, that will face the 280 freeway and our condo at the De Anza Forge. We implore you to please rescind the approval, since the huge bright sign will be detrimental for the residents and homeowners of the De Anza Forge community.

The bright and disturbing indoor lights of the Public Storage buildings, which are left on 24/7, are already really disruptive for the De Anza Forge residents. However, adding huge illuminated lettering, spelling out “Public Storage”, would only further increase the buildings brightness and make it an even bigger visual eyesore. Public storage doesn’t care about what their impact is on the neighborhood or community, they only care about making money. Nor can they be trusted to follow Cupertino Sign Ordinances, which require them to turn off their illuminated signs at 11pm. Public Storage currently has an east-facing sign, which is illuminated all night long and shines directly into the windows of the adjacent condos. We fear this same scenario will occur with the newly approve sign. The illuminated sign shouldn’t have been allowed, nor should Public Storage’s bright indoor lights be allowed to be left on all night long.

When the newly approved sign is erected, it will further increase the amount of light pollution the De Anza Forge residents will be subjected to, coming inside our homes. Not to mention, it will make our homes less desirable and decrease our property values, if we were to rent or sell it in the future. The light emanating from the Public Storage buildings and sign are not a nightlight we want in our homes.

Unfortunately, the two newly-built, 4-story Public Storage buildings are now the first thing you see when you look out of our bedroom and living-room widows, since they are now at eye level with our condo.

We bought our condo in 1985, even before the Cupertino Hotel (formerly Cupertino Inn) was built, when our condo still had the beautiful unobstructed views of the mountains and there was a lot more greenery. I think around that time, the one-story Public Storage facility was originally built, as well. In fact, in all the 40 years that it’s been at that location, Public Storage has never had a sign facing the freeway to advertise its location, much less needed one that was illuminated. We don’t think it should have been necessary for them to have one now. Plus, due to the large size of both buildings and their trademark burnt orange and grey color, they are very hard to be missed from the freeway and have easy brand recognition from the building’s color scheme. The buildings are the sign. (A sign that sticks out like a sore thumb.) The problem is, we have put the wants of a corporation over the wellbeing of the Cupertino residents. We fear, we are also setting a dangerous precedent for future businesses to erect similar, very large illuminated signs, at the expense of the community. Once completed, Vallco will surely be the next location, where businesses will be requesting freeway-visible sign approval from the City Council. Let’s leave the bright lights and lit signs for Las Vegas and not Cupertino. The only entity benefiting from the approved illuminated signage is Public Storage; not OUR overall community. We respectfully implore you to please rescind the approval of Public Storage’s illuminated sign.

Sincerely,
Rolf and Karin Meyer
Owners of:

Celeste Circle
/g20
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/g3
Please do not allow Public Storage to have illuminated signage facing the freeway until 11pm daily.

This signage would be visible from my home and would absolutely disrupt my quality of life. The proposed lighted sign is 165 square feet on an orange background measuring over 800 square feet.

In October, the Planning Commission denied any signage facing the freeway per CMC 19.104; in February, the City Council ignored their decision. As a compromise, I am respectfully requesting that the signage have no illumination. /g3
/g3
The sign does not help prospective customers to find the building and is big enough for advertising the business during daylight hours. The Planning Commission's informational packet contained the plan details and the lighting schedule. The City Council was not given this information prior to their meeting. Here are excerpts of the plan: /g3
/g3
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Sincerely, /g3
/g3
Cupertino Residents,/g3
/g3
Winifred Shum and Byron Chan /g3
/g20
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/g3
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/g3
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CC 03-21-2023
Item No. 7
Consider petition for
reconsideration regarding
two requested freeway-
oriented signs for Public
Storage
Written Communications
From: Peter
To: City Council; City Clerk
Subject: Meeting 3/21: Public Storage
Date: Sunday, March 19, 2023 7:02:22 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council,
We live right across I-280, facing the Public Storage building directly. The building's light has been on every night, which has greatly impacted our life. It sheds a lot of light into our bedroom at night, even with our sun screens completely off.

Now it looks like Public Storage is planning for another huge illuminated sign. As a resident of Cupertino impacted by the existing lighting of the building, I'd like the council to consider:

1. not allowing the new freeway-facing sign to be put on

2. asking Public Storage to turn off the lights at night after 10pm.

Thanks,
Fei
From: Liang Chao
To: City Clerk
Subject: Fwd: Reconsideration Form and Attachments, please acknowledge receipt Date: Sunday, March 19, 2023 6:52:58 PM
Attachments: Public Storage Reconsideration Form.pdf
ATTACHMENT A RESOLUTION.PDF
ATTACHMENT B REJECTION.PDF
This petition for reconsideration is supposed to include two attachments, but they are not included in the agenda packet, which makes the agenda packet incomplete, I think.

Please enter this to the written communication for the 3/21 council meeting.

And I wonder whether these two attachments should be sent to all Councilmembers as desk items for completeness of evidence.

Thanks!
Liang
Liang Chao​
Council Member
City Council
[email protected]
408-777-3192
From: Rhoda Fry <[email protected]>
Sent: Friday, February 17, 2023 11:43 AM
To: Liang Chao <[email protected]>
Subject: FW: Reconsideration Form and Attachments, please acknowledge receipt

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

From: Rhoda Fry [mailto:[email protected]]
Sent: Friday, February 17, 2023 11:42 AM
To: 'Kirsten Squarcia' <[email protected]>; 'City Clerk' <[email protected]> Subject: Reconsideration Form and Attachments, please acknowledge receipt

Dear City Clerk,
Please find attached a Reconsideration Form and Attachments, please acknowledge receipt.

Warm Regards,
Rhoda Fry
408-529-3560
1 Date: February 17, 2023
From:

Rhoda Fry (and Cupertino Residents Doe 0 – 100)
10351 San Fernando Avenue
Cupertino, CA 95014-2832
[email protected]
408-529-3560

RECONSIDERATION PETITON
NOTICE: Reconsideration petitions are only accepted for adjudicatory matters that are quasi-judicial decisions by the City Council. The reconsideration petition is subject to the requirements of and must comply with section 2.08.096 of the Cupertino Municipal Code, available in the City Clerk’s office or online at http://www.amlegal.com/cupertino_ca/.

Please review this form carefully and provide a detailed explanation for each item. Failure to meet the requirements of section 2.08.096 may result in rejection of the reconsideration petition.

1. Project for which you are requesting reconsideration:

Application No.: EXC-2022-003
Applicant(s) Name: David Ford, All Sign Services; Location: 20565 Valley Green Dr.; APN: 326- 10-044

3. Contact information for party requesting reconsideration:

Name: Rhoda Fry (and Cupertino Residents Doe 0 – 100)
Address: 10351 San Fernando Avenue, Cupertino CA 95014-2832 Phone: 408-529-3560
Email: [email protected]

4. Date of Council meeting considering the project for which you are requesting reconsideration:

February 7, 2023
Reconsideration petitions must be filed within ten (10) calendar days of the date of the Clerk’s notice.

2 5. Details of grounds for reconsideration (Cupertino Municipal Code Section 2.08.096).

A petition for reconsideration must specify, in detail, each and every ground for reconsideration. Failure to specify the particular ground(s) for reconsideration will preclude any omitted ground(s) from being raised or litigated in a subsequent judicial proceeding.

In addition, the grounds for reconsideration are limited to the criteria listed below. Failure to meet these grounds may result in rejection of the petition for reconsideration. Check all grounds that apply and provide detailed explanations of the facts supporting each ground for reconsideration (provide supporting documentation and attach additional sheets if necessary):

By this statement, all information on the City of Cupertino website pertaining to the 10/21/22 Planning Commission meeting and the 2/7/2023 City Council meeting and other documents pertaining to the Public Storage site, the General Plan, the North De Anza Boulevard Special Center plan, and the CMC are included in this document.

✔An offer of new relevant evidence which, in the exercise of reasonable diligence, could not have been produced at any earlier city hearing.

Explanation of new evidence and why it could not have been produced earlier:

The City was likely unaware of Public Storage’s updated image policies that tout that “the building is the sign.” Public Storage’s architect said in this blog post: “We had seven different types of signs,” she said. “Now, not only do we now have a consolidated sign, the new building is the sign.” https://www.publicstorage.com/blog/public-storage/public-storage- locations-get-a-new-look In spite of the following business hours, Office Hours Mon -Sun 8:00am to 7:00pm and Gate Access Hours Mon -Sun 6:00am to 9:00pm, the Cupertino Public Storage building is illuminated 24x7. If the building is indeed the sign, it must not be illuminated 24x7. Moreover, it is much too large to have that much illumination.

Interestingly, two sides of the building that are visible from the freeway are illuminated – the backside that faces offices remains dark. Additionally, the illuminated sign that faces the adjacent condominiums remains illuminated after 11pm which is a code violation. The excessive light is a public nuisance to residents. See also EXHIBIT 1.

✔ An offer of relevant evidence which was improperly excluded at any prior city hearing.

Explain relevant evidence and how, when it was excluded at a prior hearing:

A. The council packet did not show the setting of the building within the community and how it looked from various residences/hotel or freeway at different times of day. How could the City Council make an informed decision about freeway-oriented signage without this information? Furthermore, on February 13, I spoke with Planner Martire and lamented that the proposed illuminated freeway-oriented Public Storage sign would be in a line view of many residents’ homes. He was surprised and unaware that residents would be facing the signs. If he had known, then perhaps the council would have been given more information. The proposed signs are in a direct line view of the De Anza Forge Condominiums and can be seen from the Markham Apartments and the Cupertino Hotel along with the freeway. The City Council was denied substantial evidence. Refer to EXHIBIT 1 (setting) and EXHIBIT 2 (nighttime photographs).

3 B. Council was not provided with detailed images or specifications of the proposed illuminated Public Storage sign along with other illuminated signage facing the freeway. In fact, there are no similarly situated properties in the City. The only illuminated sign that somewhat faces the freeway is the Cupertino Hotel. Council was not given any tools to compare the Cupertino hotel sign with the proposed Public Storage sign. Its sign is on the northbound onramp, not on the freeway. It is barely visible driving South on 280 and not at all going North. Nor does it appear to directly face dwelling units in the way that the Public Storage building does. I walked the length of the condo complex adjacent to Public Storage and climbed up to the fence-line and could not see the Cupertino Hotel sign. It is possible that residents on higher floors might have a glimpse of the sign. If council had made a site visit or had images of the Cupertino Hotel sign along with the Public Storage sign (even the one that is installed provides some insight), they would have realized that these two properties are very different and would need to be treated differently (19.104.220 C. The sign shall also be compatible with the aesthetic character of the surrounding developments and neighborhood.)

Council was not provided visuals on the levels of illumination, this would have been needed to provide an informed decision on the subjective criteria in 19.104.220 (“the aesthetic appearance of signs is subjective”). When comparing the illumination between the proposed Public Storage Sign and the Cupertino Hotel Sign, there is no comparison. But the council was not provided a side-by-side comparison. Public Storage is bright white and huge and the Hotel is soothing dark blue and is of modest size. Although the proposed sign is within the foot-lamberts requirements for signage, no explanation of what it means or what it looks like was provided. A foot-lambert refers to the amount of illumination per square foot. So the bigger the signage, the more illumination it will have. Note that the applicant explained that he wants signage to be visible to motorists traveling 70 to 75 miles per hour (which is speeding in our community) past the property. (19.104.220 G. The sign's color and illumination shall not produce distraction to motorists or nearby residents.) In other words, the applicant wants motorists to be distracted by his advertising sign.

If council had gone on an appropriate site visit or been provided appropriate information, they could have made an informed decision to either not allow any illumination or even no signage.

Installed sign as viewed from adjacent condo. The
illuminated portion of the sign is reportedly 52
square feet. The illuminated portion of the
freeway-facing sign would be 165 square feet.

This gives an idea as to how bright it would be.

The letters appear much brighter than the
building’s interior lighting. This photo was taken
between 10:30 pm and 11:00 pm on 2/15/2023.

IMAGINE A SIGN 3X LARGER THAN THE
ABOVE. IS IT COMPARABLE TO THE
CUPERTINO HOTEL?
CUPERTINO HOTEL: This photo has been
enlarged. Otherwise you would not be able to
recognize it. This is a view of Cupertino Hotel from
the on-ramp to 280 North from De Anza. On the
freeway heading south, the blue sign was
sometimes hidden and other times very subdued.

I was unable to see the sign from the condos
across the freeway having walked the fence line
and even climbed up to it. It is unlikely that much
of this sign is visible from the condos. Pphoto was
taken between 10:30 pm and 11pm on 2/15/2023.

4 C. Please bear with me on this section – it is rather long but makes a point. The council packet failed to explain that the new public storage building is an intensification of a non-conforming use within the North De Anza Boulevard Special Center. Consequently, it is even more important that the look of the building and its signage conform to adjacent uses.

Resolution 19-072 describing the architectural and site approval permit included boilerplate text pertaining to signage, “c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures shall minimize traffic hazards and shall positively affect the general appearance of the neighborhood and harmonize with adjacent development.” The document as a whole makes various promises that pertain to the entire building and signage, including but not limited to: (see ATTACHMENT A for the entire resolution)  “In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and, with the future character of the neighborhood and purposes of the zone in which they are situated“ and  “development should be designed to protect residents from noise, traffic, light and visually intrusive effects” and
 “provide shielding to prevent spill- over light to adjoining property owners”

Regarding the North De Anza Boulevard Special Center: The new building (4 stories 264K square feet per https://www.cupertino.org/our-city/departments/community- development/planning/major-projects/public-storage ) is four times the size as the building it replaces and has 2600 units. In 2006, Public Storage proposed a new building in this same location (Application U3-2006-03, ASA-2006-05, EA2006-06. This proposed building (3 stories 155K square feet) was estimated at three times the size of the original and the Planning Department recommended against it and the Planning Commission concurred:

Public Storage is located in the North De Anza Boulevard Special Center in which self-storage is a non-confirming use, the description of the Special Center has not changed in decades. The 2006 recommendation for rejection noted that the replacement building would be substantially inconsistent with the area and would significantly intensify the use of the site,

“The proposed mini-storage facility is a non-office use that does not promote these General Plan policies for maintaining cohesive office parks and, therefore, staff believes that the project, which will significantly intensify the use of the site as a mini-storage facility by almost tripling the amount of existing mini-storage building area, will conflict with these policies. The proposed project will offer very little public and community benefit, as it is anticipated to generate a minimal amount of retail sales tax to the City for its sales of packing/boxing supplies, and is substantially inconsistent with the surrounding uses of the area that include office and multiple- family residential.”

Additionally, “Staff is also concerned about the height of the proposed buildings as they will be prominently visible from Interstate 280, the new condominium development currently under construction to the east, the existing residential neighborhood to the west and the two-story office buildings occupied by Apple to the south.” The new building has 32 parking spaces and the rejected smaller building had 80 parking spaces. (https://www.cupertino.org/our- city/departments/community-development/planning/major-projects/public-storage)

Because the new building is even more visible than the proposed 2006 building, its visual impacts from I-280 are greater today than they were in 2006. Consequently, every possible measure must be taken to minimize its impacts, including signage, on residents. See ATTACHMENT B for 2006 Public Storage rejection. 5 D. The Council was not provided information on how the signs are measured. The way the signage has been measured is deceiving. The large sign is made up of orange stripes with white lettering on top. Only the outline of the white lettering is measured in determining the sign’s size. The rest of the building is silver gray and tan. Here is the new Cupertino Public Storage building with the sign already installed that does not face the freeway.

Daytime photo from website of
Cupertino building. The sign is made
up of orange stripes with white
lettering on top.
https://www.publicstorage.com/blog/pu
blic-storage/cupertino-storage-units-
reopen-near-apple-campus
Nighttime photo around
10:30PM as seen from
adjacent condo complex.

Sign and lights remain on
after 11pm. The words
even appear brighter than
the interior lighting. The
proposed freeway-
oriented lettering portion
of the sign is over three
times larger.

Note that the back of
the building, which
faces Apple office
buildings has no
orange rectangles.

Consequently, the
orange rectangles
really do look like signs.

Also, the back is not
illuminated at night.

Following is an excerpt of the plan in the Planning Commission packet. A reasonable person who looks at the outlined portion of the image on the left sees an image similar to the one above: a sign made up of orange stripes with white lettering on top. The measurement of this outlined area is shown on the right. It measures about 800 square feet. The maximum signage area per CMC is 200 square feet. Effectively, the proposed sign exceeds the 200 square- foot maximum. The measurement provided to council was the minimum circumference of the illuminated lettering; this is deceiving.

The staff had many creative options at its disposal to show the public and council the true scale of the proposed sign. Next to the right schematic, I’ve added an approximate 6-foot tall human for illustrative purposes.

6 ✔ Proof of facts which demonstrate that the City Council proceeded without, or in excess of its, jurisdiction.

Explain facts and how those facts show that the Council operated outside its jurisdiction:

No validation from Caltrans that the proposal was compliant.

✔ Proof of facts which demonstrate that the City Council failed to provide a fair hearing.

Explain facts and how those facts demonstrate failure to provide a fair hearing:

A. The “approval authority” for Freeway Oriented signs is the Planning Commission per CMC Table 19.104.200. It is customary for Planning Commissioners to make site visits. Because the Council became the approval authority for a Planning Commission decision, they should have made a site visit in order to provide a fair hearing.

B. Council was told that the Planning Commission’s decision was not valid – but a portion of their denial was based on information in the signage CMC 19.104. The denial stated: “The location of Signs Two and Three along the north elevations of Buildings One and Two could result in a situation that is materially detrimental to the public health, safety, or welfare to the community…” This would imply that the Council was not permitted to vote on the basis of public health, safety, and community welfare which is incorrect. The video meeting shows much confusion on the part of the staff and council members.

C. The council packet lacked clear instructions on what was being voted on and what criteria needed to be used for the vote. This is surprising because this was the second hearing for the sign. During the planning commission, the city attorney told the planning commission that their approval / denial of the sign was discretionary. How did that meeting go wrong and why weren’t the issues that created a de novo hearing at the council resolved? Because the council did not have an appropriate rubric, the council could not provide a fair hearing. The packet failed to explain council could vote for 0, 1 or 2 freeway-facing signs. The packet failed to provide the relatively short criteria upon which they would be voting. At a minimum, Council needed this:

19.104.050 Sign Permit Application–Review Criteria.

The Approval Body shall review the sign application to ensure that the following criteria are met:

A. The proposed sign meets the requirements of this title or any special conditions imposed in the development.

B. The proposed sign's color and illumination is not in conflict with the safe flow of traffic on the City streets.

C. The sign is in conformance with the Design Criteria in Section 19.104.220.

19.104.220 Design Criteria–Permanent Signs.

Although the aesthetic appearance of signs is subjective, the City recognizes that certain basic design guidelines are needed in order to maintain the City's high quality appearance. The following criteria shall be incorporated into the design of signs.

C. All signs shall be architecturally compatible and in harmony with the building with which it is principally associated, by incorporating its colors, materials, shape and design. The sign shall also be compatible with the aesthetic character of the surrounding developments and neighborhood.

E. Sign copy shall be simple and concise, without excessive description of services or products.

F. Internally illuminated signs shall not have a directly visible light source.

G. The sign's color and illumination shall not produce distraction to motorists or nearby residents.

D. The lack of clarity in the packet was further muddied by conflicting instructions from the City manager, attorney, and planner. Examples include, the attorney gave an explanation and the city manager said no, let me explain. The planner’s presentation failed to mention that the City Council had the discretion reject all freeway-oriented signs per CMC 19.104. Councilmember Chao asked whether council can uphold the planning commission decision to deny both signs and the City Manager Wu said no, but then explained that the council could deny both signs or allow one (two signs were not provided as an option). The council could not come to the same conclusion as the planning commission? The City Attorney said that the Planning Commission decision was not legally justifiable but did not describe how. The council would need to find a 7 legally justifiable basis to deny the sign – but what were the specifics of the basis? He wound up being interrupted by the manager. Council would need to find a legally justifiable basis to deny the sign, but what would have basis be? The council could approve additional signs – but could they deny all freeway facing signs? And there are design criteria that all signs must meet – and what are they? Chao asks if staff thought there was justification to deny both signs. City manager implies no. City Attorney stated that grounds for denial is if design criteria is not met, but Council is not provided the criteria. City manager says that once you have a freeway facing sign that it is subject to planning commission’s approval. You just have to watch the video. It is just too confusing.

The planner said the sign met requirements for size and lighting but failed to spell out that there were additional criteria, some of which is subjective. After council struggled in its deliberation and were obviously confused, staff requested a break. They came back in another failed attempt to clarify instructions. The planner showed only the text of 19.104.050, not 19.104.220.

The planner told council that the signage was compliant with 19.104.050 which incorporated

19.104.220, leading council members to believe that they had to vote in favor of the signage.

But it was up to the council to make that determination. The City manager corrected the planner.

Who is the council supposed to listen to? The attorney, the city manager, the expert planner? The three staff members did not reconcile clear direction to the council even after having called for a break. Further, the text of 19.104.220 was not shown in the packet or at the council meeting. Even after Councilmember Moore asked that 19.104.220 be displayed, it was not.

Council needs clear instructions in the packet and during meetings in order to provide a fair hearing.

E. It bears repeating that the City Attorney stated that the council decision needed to be made on design criteria but staff never provided the City Council Design Criteria (CMC 19.104.220), which is relatively short.

F. Had the neighbors across the freeway been notified, the council would have received significant input from neighbors about the proposed signage. It is appropriate to extend notification when there are special circumstances that cause unexpected impacts. We know that freeway-oriented signage is special because approval authority is assigned to the planning commission instead of the Community Development Director for other signs. See EXHIBIT 3 for the types of letters they would have received – these are letters that we sent after the hearing when residents learned of council’s decision. Because of this, council was incapable of providing a fair hearing.

G. Recall, the City Council was being asked to make a decision that normally has the Planning Commission as Approval Authority. Specifically, the Planning Commission is the Approval Authority for Freeway-Oriented signs (19.104.200). Councilmember Moore, is the only councilmember with Planning Commission experience and mentions distracting spillover lighting. She asked that the short text of 19.104.220, upon which the decision would be rendered, be displayed for all councilmembers to see. It was not. She also asked for a continuation of this agenda item and gave her reasons. It was not. Consequently, council was unable to have a fair hearing and was hampered in its ability to make an informed decision.

H. It is hard to understand the fairness of a hearing when a building that has not even received its final inspection report is considered an existing building. The original plan set did contain signage that is very similar to the current proposal.

I. The council’s lack of planning commission experience and access to the municipal code that explains the intent of the sign ordinance outlined in 19.104.010 hindered their ability to have a fair hearing. Was this intent fulfilled? The Planning Commission understood that the purpose of 8 the sign was mainly advertising. The council did not understand how to balance the needs of the community with the desires of the business to advertise per 19.104.010.

19.104.010 Purpose and Intent.

A. The purpose of the sign ordinance is to identify and enhance businesses while maintaining the aesthetic appearance of the City.

B. A good sign program will provide information to the public concerning a particular business or use and will serve the visual and aesthetic desires of the community.

C. The City has adopted this title with the intent to:

1. Provide architectural and aesthetic harmony of signs as they relate to building design and surrounding landscaping;

2. Provide regulations of sign dimensions and quantity which will allow for good visibility for the public and the needs of the business while providing for the safety of the public by minimizing distraction to the motorist and pedestrian;

3. Provide for sign regulations that will be compatible with the building, siting, and the land uses the signs are intended to identify;

4. Provide for maintenance of existing signs and a program for bringing nonconforming signs into conformance with the standards of this title as changes are made to the signs or businesses;

5. Provide procedures which will facilitate the efficient processing of sign applications; and

6. Provide design criteria which will promote attractive and effective signs for Cupertino residents, businesses, employees and visitors.

✔ Proof of facts which demonstrate that the City Council abused its discretion by:
o (a) Not preceding in a manner required by law; and/or o (b) Rendering a decision which was not supported by findings of fact; and/or
o (c) Rendering a decision in which the findings of fact were not supported by the evidence.

Explain facts and how those facts demonstrate abuse of discretion related to items (a)-(c):

When council was told that the Cupertino Hotel sign also faced the freeway, some lept to the conclusion that it was similar to the proposed Public Storage sign. As shown earlier in this document, it is not. Council relied on the assumption that the signs and locations of the signs are similar but they are not. Council decision was not supported by facts.

6. Signature(s) Rhoda Fry (and other Cupertino Residents) PS – per code, I respectfully request refund of fees. Thank You.

Please complete form, include reconsideration fee of $356.20 pursuant to Resolution No. 22- 049 payable to City of Cupertino and return to the attention of the City Clerk, 10300 Torre Avenue, Cupertino, California (408) 777-3223.

Acceptance of a petition by the City Clerk is for timeliness purposes only and does not constitute a determination that the petition meets the requirements for reconsideration under section 2.08.096 of the Municipal Code. The City reserves the right to review petitions after submission and reject those that do not meet the criteria set forth in Cupertino Municipal Code Section 2.08.096.

PAYMENT PROOF

9 EXHIBIT 1 – Residents and Hotel Guests who will see the Illuminated Public Storage Sign

View of Public Storage from the Cupertino
Hotel Parking Lot. Imagine what the guests
will see from their guestrooms from a sign
that is over three times larger facing the
freeway. It is likely that hotel guests from the
onramp side and the backside could be
impacted.

10 EXHIBIT 2 –Existing Public Storage Sign, Cupertino Hotel Sign, Views from De Anza Forge

Installed sign as viewed from adjacent condo.

The illuminated portion of the sign is
reportedly 52 square feet. The illuminated
portion of the freeway-facing sign would be
165 square feet. This gives an idea as to how
bright it would be. The letters appear much
brighter than the building’s interior lighting.

This photo was taken between 10:30 pm and
11:00 pm on 2/15/2023.

IMAGINE A SIGN 3X LARGER THAN
THE ABOVE. IS IT COMPARABLE TO
THE CUPERTINO HOTEL?
CUPERTINO HOTEL: This photo has been
enlarged. Otherwise you would not be able to
recognize it. This is a view of Cupertino
Hotel from the on-ramp to 280 North from
De Anza. On the Freeway heading north, it
was sometimes hidden and other times very
subdued. I was unable to see the sign from
the condos across the freeway having walked
the fence line and even climbed up to it. It is
unlikely that much of this sign is visible from
the condos. This photo was taken between
10:30 pm and 11:00 pm on 2/15/2023.

View from a lower unit in a De Anza Forge
condo.

View from a different unit in a De Anza
Forge condo.

11 These photos were taken between 10:30 pm
and 11:00 pm on 2/15/2023 at the De Anza
Forge Condominiums along the various areas
that face the freeway. The sign would be
installed at the highest point on the building.

In all cases, the photos are taken from a
vantage point that is further away from the
Public Storage building than a view from a
condo.

12 EXHIBIT 3 – EXCERPTS LETTERS RECEIVED BY CITY CLERK/COUNCIL FROM NEIGHBORS WHO WOULD BE AFFECTED BY SIGNAGE BETWEEN 2/8 and 2/16 (names/addresses redacted)
My name is Art Wodecki and I own a condo in the DeAnza Forge community (20718 Celeste Circle Cupertino CA 95014).

Please do not allow Public Storage to have illuminated signage facing the freeway until 11pm daily. This signage will be visible from my home and disrupt our quality of life. The proposed lighted sign is 165 square feet on an 800+ square-foot orange background. In October, the Planning Commission denied any signage facing the freeway per CMC 19.104; in February, the City Council ignored their decision. The City Council should have upheld the Planning Commission’s determination; there should be no sign. Alternatively, as a compromise, I am respectfully requesting that the signage have no illumination. The sign does not help prospective customers to find the building and is big enough for advertising the business during daylight hours.

I am also very concerned about highway/driving safety with that proposed illuminated sign.

Please do not allow Public Storage to have illuminated signage facing the freeway, especially if it is lit until 11pm daily. The lights from the Public Storage are already very bright in the evening. Adding large illuminated lettering onto the side of the buildings would only further increase the buildings brightness and make it an even bigger visual eyesore. Nearby residents don’t want a nightlight. It would only further increase the amount of light pollution coming inside our homes. Not to mention, it would make our homes less desirable, if we were to rent or sell it in the future.

The two newly-built, 4-story Public Storage buildings are now the first thing you see when you look out of our bedroom and living-room widows, since they are now at eye level with our condo. We bought our condo in 1985, even before the Cupertino Inn was built, when our condo still had the beautiful unobstructed views of the mountains and there were a lot more planted trees everywhere. I think around that time, the one-story Public Storage facility was originally built in Cupertino, as well. In fact, in all the 40 years that it’s been at that location, Public Storage has never had a sign facing the freeway to advertise its location, much less needed one that was illuminated. We don’t think it should be necessary for them to have one now. Due to the large size of both buildings and their trademark burnt orange and grey color, they are very hard to be missed from the freeway. Illuminating the name of the company, so that it can further advertise its brand, at the detriment of the neighbors and the driving cars, should not be allowed. Let’s leave the bright lights and lit signs for Las Vegas and not Cupertino. The only entity benefiting from the proposed illuminated signage would be Public Storage; not the overall community. I am respectfully requesting that the signage have no illumination.

All view access to the mountains cutoff by building line.

Thank you so much for taking away what little view we had.

Photo; Feb 15, 735a

13 Jim
Dear City Council:

Please do not allow Public Storage to have illuminated signage facing the freeway until 11pm daily. This signage will be visible from my home and disrupt my quality of life. The proposed lighted sign is 165 square feet on an 800+ square-foot orange background.

 The building has already cutoff good views of the mountains. Had it been one story lower, the tops of the mountains would be visible. Maybe it doesn’t matter to you but it mattered to me.

Public Storage wins. I lose. Poor choice by allowing this.  Now to make it worse already the hallways are lighted projecting across the highway into bedroom.

Photo : 1020p, Feb 14th, 2023

Views of mountains gone.

 To make matters worse, the illuminated sign will be visible from many of the condominiums at De Anza Forge. We already lost a view to the south of the mountains, there will be a large obtrusive lighted sign directly in the sight-line. This will negatively affect the value of all condominiums in the complex.

14  In October, the Planning Commission denied any signage facing the freeway per CMC 19.104;  in February, the City Council ignored their decision. The City Council should have upheld the Planning Commission’s determination; there should be no sign.

Alternatively, as a compromise, I am respectfully requesting that the signage have no illumination. The sign does not help prospective customers to find the building and is big enough for advertising the business during daylight hours.

Furthermore, do you think this building meets the City Council’s promise made specifically for this building? Resolution 19-072 stated “In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and, with the future character of the neighborhood and purposes of the zone in which they are situated.”
If the new City Council truly cares about the residents of Cupertino, please do not allow Public Storage to have an illuminated signage facing the freeway until 11pm daily. This signage would be visible from home and would disrupt our quality of life. The proposed lighted sign is 165 square feet on an orange background measuring over 800 square feet.

Would you like it if you lived here and you saw that sign each night? In October, the Planning Commission denied any signage facing the freeway per CMC 19.104. In February, the City Council ignored their decision. As a compromise, I am respectfully requesting that the signage have no illumination. The sign does not help prospective customers find the building and is large enough to advertise their business during daylight hours.

I feel this is a very reasonable request. I am not asking for the removal of the sign. Please reconsider so that the signage is not lit up when it’s dark.

Please do not allow Public Storage to have illuminated signage facing the freeway until 11pm daily. This signage will be visible from my home and disrupt my quality of life. The proposed lighted sign is 165 square feet on an 800+ square-foot orange background. In October, the Planning Commission denied any signage facing the freeway per CMC 19.104; in February, the City Council ignored their decision. The City Council should have upheld the Planning Commission’s determination; there should be no sign.

Alternatively, as a compromise, I am respectfully requesting that the signage have no illumination. The sign does not help prospective customers to find the building and is big enough for advertising the business during daylight hours.

Furthermore, do you think this building meets the City Council’s promise made specifically for this building? Resolution 19-072 stated “In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and, with the future character of the neighborhood and purposes of the zone in which they are situated.”
Please do not allow Public Storage to have illuminated signage facing the freeway until 11pm daily. This signage would be visible from my property. It will surely disrupt the quality of life. 15 The proposed lighted sign is 165 square feet on an orange background measuring over 800 square feet.

In October, the Planning Commission denied any signage facing the freeway per CMC 19.104; in February, the City Council ignored their decision.

As a compromise, I am respectfully requesting that the signage have no illumination. The sign does not help prospective customers to find the building and is big enough for advertising the business during daylight hours.

Please don't allow public storage to have signage facing the freeway until 11 pm daily.

This signage would be visible from my home and would disrupt my quality of life. The proposed illuminated sign is 165 square feet with an orange background measuring over 800 square feet.

In October, the Planning Commission denied any signage facing the freeway per CMC 19.104; in February, the City Council ignored their decision. As a compromise, I am respectfully requesting that the signage have no illumination. The sign does not help prospective customers to find the building and is big enough for advertising the business during daylight hours.

Please do not allow Public Storage to have illuminated signage facing the freeway until 11pm daily. This signage would be visible from my home and would disrupt my quality of life. The proposed lighted sign is 165 square feet on an orange background measuring over 800 square feet. In October, the Planning Commission denied any signage facing the freeway per CMC 19.104; in February, the City Council ignored their decision. As a compromise, I am respectfully requesting that the signage have no illumination. The sign does not help prospective customers to find the building and is big enough for advertising the business during daylight hours.

Please do not allow Public Storage to have illuminated signage and room lighting facing the freeway until 11p.m. daily. This signage and bright room lighting showing bright orange doors is visible from my home and has been disrupting my quality of life. The proposed lighted sign is 16 square feet on an orange background measuring over 800 square feet.

In October, the Planning Commission denied any signage facing the freeway per CMC

19.104; in February, the City Council ignored their decision. As a compromise, I am respectfully requesting that the signage have no illumination and room lightening will be either shut off or significantly dimmed so that the light pollution will not cause sleep disturbance for the residents. The sign does not help prospective customers to find the building and is big enough for advertising the business during daylight hours and bright ugly room lighting is just wasting precious community electricity.

Please do not allow Public Storage to put up an enormous illuminated sign facing 280. The building, which was recently constructed, already interferes with the quality of my life since it is lit up all night long and the light goes directly into my condo on the other side of the freeway. The proposed illuminated light would only make the problem worse, especially during the summer mont hs when windows are kept open to let cool air in (letting in also the view of a large glowing sign). Where I once had a lovely view of the 16 mountains, I now have an ugly grey building blocking it, with the threat of an enormous illuminated Public Storage sign being place upon it. Please do not allow this to happen.

In October, the Planning Commission denied any signage facing the freeway per CMC 19.1 -4, so it seems like this should not happen.

I look forward to seeing the action you take in this matter.

The newly-built Public Storage building is a problem. I live in a condominium De Anza behind Homestead Square Shopping Center, facing to Freeway 280. Recently the new building was built and the building is a total obstacle for all the residents in my neighbors. We could see the mountains over Freeway 280 but now we cannot enjoy the view. What we see through the windows is just a storage building. It's worse.

The building has large windows and the corridors are lit by the light until late at night. But I have never saw a soul in the corridor. The building in front of our residence is ugly at daytime. The building with lighted windows is ugly at night. The Public Storage building is already a problem.

And now.

Please do not allow Pubic Storage to have illuminated signage facing the freeway until 11pm daily. This signage would be visible from my home and would disrupt my quality of life. The proposed lighted sign is 165 square feet on an orange background measuring over 800 square feet. In October, the Planning Commission denied any signage facing the freeway per CMC 19.104; in February, the City Council ignored their decision. As a compromise, I am respectfully requesting that the signage have no illumination. The sign does not help prospective customers to find the building and is big enough for advertising the business during daylight hours.

RESOLUTION N0. 19- 072

A RESOLUTION OF THE CUPEIZTINO CITY COUNCIL APPROVING AN

ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW THE

DEMOLITION OF AN EXISTING PUBLIC STORAGE FACILITY AND THE

CONSTRUCTION OF A NEW PUBLIC STORAGE FACILITY CONSISTING OF TWO ( 2) FOUR ( 4)- STORY BUILDING5 WITH BASEMENTS . 00ATED AT 20565 VALLEY GREEN DRIVE
SECTION I: PROTECT DESCRIPTIUN
Application No.: ASA- 2018- 04
Applicant: Andres Friedman
Property Owner: Storage Equities, Inc.

Location: 20565Valley GreenDrive ( APN: 326-10-044)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL PERMIT:

WHEREAS, the City Council of the City of Cupertino received n application for an Architectural and Site Approval as described in Section I. of this Resolutio. n; and WHEREAS, the necessarypublic noi;iceshave been given asrequired by the Procedural Ordinanceof theCity of Cupertino, and theCity Councilhasheld at leastonepublic hearing in regard to the application; and
WHEREAS, the Planning Comrnission held a public hearing on May 28, 2019 and recommendedthat theCity Councilapprovetheapplication, subjectto conditions; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public ResourcesCode section 21000et seq.) ("CEQA"), together with the State CEQA Guidelines( California Code of Regulations,Title 14,Section15000et seq.) (hereinafter, " CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exernpt frorn environmental review pursuant to the categorical exernption in CEQA Guidelines section 15332, and the exemption in CEQA Guidelines section 15183, for the reasonssetforth in the staff repQrtdated May 28, 2019and incorporated herein; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the City Council finds asfollows with regard to this application:

1. Theproposal, at theproposedlocation, will not bedetrimentalor injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience;
i
I
I
Resolution No. 19- 072
iPage 2
i
Theproposedprojectis a redevelopmentofanexistingPublicStoragefacility. TheYedevelopment allowsforcontinuedoperationandexpansionoftheexistinguse. Theprojectwillprovideforanew buildingdesignthatmeetsnewbuildingrequirements, providedhighqualityarchitecture, and I improvementsin thevicinity, suchasthe12foot easementalongtheentirenorthsideoftheproperty for a multi-usetrail. Theprojectwill alsoprovideincreaselandscapingandtreecanopycoverage throughoutfhesite. Therefore, theproposalwill not bedetrimentalor injuriousto propertyor improvementsin thevicinity.

2. Theproposalis consistentwith the purposesof Chapter19.134, ArchitecturalandSite Review, of the Cupertino Municipal Code, the GeneralPlan, and applicable specific plans, zoning ordinances, conditional use permits, exceptions, subdivision maps, or other entitlementsto use which regulate the subjectproperty including, but not limited to, adherence to the following specific criteria:
a) Abrupt changesin building scaleshouldbe avoided. A gradual transition relatedto heightandbullcshouldbeachievedbetweennew andexistingbuildings; Theproposedprojectcomplieswithprimarybuildingheightof45feetlistedin heGeneralPlan:

ComrnunityVision2015-2040. Further, theprojectis locatedfar from existingmulti-story buildings. Thegradualtransitionrelatedtoheightiscompletedbytheuseofvari usbuilding materials, architecuralfeatures, andsetbacksthathelptoavoadabruptchangesin buildingscale andmaketheprojectcompatiblewith anyexistingandficturedevelopment(s). b) In order to preservedesignharmonybetweennew and existingbuildings andi order
to preserveandenhancepropertyvalues, thematerials, texturesandcolorsof new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and, with the future character of the neighborhoodandpurposesof thezonein which theyaresituated.Thelocation,height and materialsof walls, fencing, hedgesand screenplanting should harmonizewith adjacentdevelopment. Unsightly storageareas, utility installations and unsightly elementsof parl<ing lotsshouldbeconcealed. Theplanting of groundcoveror various typesof pa ementsshouldbe usedto preventdust and erosion, andthe unnecessary destruction of existing healthy trees should be avoided. Lighting for development shouldbe adequateto meetsafetyrequirementsasspecifiedby the engineeringand building departments, and provide shieldingto prevent spill-over light to adjoining property owners;
Thebuil ingisdesignedinacontemporararchitecturalstyletoemulateanofficebuilding. The architecturalstyle is consistentwith theadjacentofficebuilding usesandresidentialbuilding.

Thelocation, heightand materialsof walls, fencing, and plantingshavebeendesignedto harmonizewith adjacentstructures. Utility structuresandtrashenclosureshavebeendesigned to havelandscapingthatconcealsthestructuresfrom adjacentuses. Theprojectusesvarious plantingandgroundcovermaterialstopreventdustanderosion,andtheprojectisonlyremoving Resolution No. 19- 072

Page 3 ends

treesthat arein conflictwith necessaryimprovementsto accommodatetheproposedproject.

Additionally, wheretreesareproposedfor removal, newtreesarereplacingthem. Lightingfor the developmenthasbeenreviewedanddesignto minimizeimpactsto adjacentdevelopmenfsby preventingspilloverlight to adjacentproperties.
c) The number, location, color, size, height, lighting and landscaping of outdoor advertisingsignsandstructuresshallminimizetraffichazardsandshallpositively affect the generalappearanceof the neighborhood and harmonize with adjacentdevelopment; and
Signage approval is not included in this application.
d) With respect to new projects within existing residential: neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive ef£ects by use of buffering, setbacl<s, landscaping, walls and other appropriate design rneasures.

Theproposedprojecthasincreasedfront andrearsetbacksfrom existingresidentialdevelopment.

Theprojecthasbeendesignedtoprotectresidentsfromnoise, traffic, lightandvisuallyintrusive impactsby placingtheacive usesmorethan 150awayfrom neighboringresidentialareas.

Additionally, theprojecthasincorporatedperimeterlandscapingtofurtherminimizeariyvisually antrusaveeffer,ts to adjacentproperties.

WHEREAS, on June18, 2019, the City Councilheld a duly noticedpublic hearingto receive ptxblic testimony on the Project, including the categorical exemption in CEQA Guidelines section 15332 and the exemption in CEQA Guidelines section 15183 and reviewed and considered the information contained in the staff report pertaining to the Projeet, all other pertinent docuYnents, and all written and oral statementsreceivedby the City Council at or prior to the public hearing; and
NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the CEQA exemption memorandum, maps, facts, exhibits, testimony and other evidence submitted in this matter, subjectto the conditionswhich are enumeratedin this resolutionbeginning on PAGE 3 thereof,

1. The City Council exercisesits independent judgment and determxnesthat the Project is exernpt from CEQA pursuant to CEQA Guidelines section 15332and the exemption 1n CEQA Guidelines section 151$ 3. The exernption in CEQA Guidelines section 1,5332 applies to an infill development project which 1) is consistent with the applicable General Plan designationand all applicableGeneralPlan policies, as well as the applicableZoning designations and regulations; 2) occurswithin the City limits on a site of lessthan 5 acres in sxzethat is substantially surrounded by urban uses; 3) is located on a site that has no value for endangered, rare or threatenedspecies; 4) would not result in any significant effectsrelatedto traffic, noise, air quality or water quality; and5) canbeadequaely served Resolution No. 19- 072

Page 4 ends

by all required utilities and public services. The exemptionin CEQAGuidelinessection 15183appliesto aprojectthat is consistentwith GeneralPlandesignationsandzoningfor the site described in the General P1an, the potential impacts of which would be substantiallymitigatedby the irnpositionof unitormly appliedstandardconditionsof i approval. The General Plan Amendment, Housing Element Update, and Associated RezoningFinal EnvironmentalImpactReport (SCHNo. 2014032007), certified by the City Council on December 4, 2014, was prepared consistentwith the requirementsfor applicabilityof streamliningunderCEQAGuidelinesSection15183(d)(2), andthereareno environrnental effectsthat arepeculiar to the proposed project or project site that were not analyzed in the General Plan EIR;

2. The application for an Architectural and Site Approval, Application no. ASA- 2018-04 is herebyrecommendedto beapproved; and
The subconclusions upon which the findings and conditions specified in this Resolution . arebasedarecontainedin thePublicHearingrecordconcerningApplicationno.(s) ASA2018- 04 as set forth in the Minutes of the City . Council Meeting on June 18, 2019, and are incorporatedby referenceasthoughfully setforth herein.

SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.

1. APPROVED EXHIBITS
Ap rovalrecommendationisbasedontheplansetdatedk'ebruary4, 2019consistingof26 sheets labeled as, " A Redevelopment for Public Storage" labeled as Sheet1-26, prepared by KSPStudioandBKF; exceptasmaybe amendedby conditionsin this resolution.

2. ACCURACY OF PROjECT PLANS
Theapplicant/propertyownerisresponsibleto v.erify all pertinentp opertydataincluding butnotlimitedtopropertyboundarylocations, buildingsetbacl<s, propertysize, building square footage, any relevant easements and/ or construction records. Any misrepresentationof any property data may invalidate this approval and may require additional review.

3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2018-03, EXC-2018-01, and TR-2019- 11areconcurrentlyenacted, andshallbe applicableto this approval.

4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first pageof thebuilding plans.

Resolution No. 19- 072

Page 5 ends

5. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS The final building exterior plan shall closely resemble the details shown on the original approved plans. The final building design and exterior treatment plans (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shallbe reviewedand approvedby theDirector of Comrnunity Development prior to issuanceof building permits and through an in-field mocic-up of colors prior to application to ensure quality and consistency. Any exterior changesdetermined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change.

6. EAST ELEVATION
Theapplicantshallwork with theCity to neutralizethebuilding colorandmaterialsalong the eastern elevation, and sha11rnodify the vegetation, as necessary, to improve the aestheticsof the project. The modification shall be reviewed and approved by the Directo.r of CommunityDevelopmentprior to theissuanceofbuilding permits.

7. MAXIMUM PARAPET HEIGHT
The proposed parapet arehitectural feature/screenshall not exceed37".

8. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/ or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Depariment.

9. INDEMNIFICATION
Exceptasotherwiseprohibited by law, the applicantshall indemnify and hold harmless the City, its City Council, and its off' icers, employees and agents ( collectively, the indernnified parties") from and againstany claim, action, or proceedingbrought by a third party against one or rnore of the indemnified parties or one or more of the indernnifiedpartiesand the appricantto attack, setaside, or void this Resolutionor any permit or approval authorized hereby for the project, including ( without limitation) reimbursingtheCity itsactualattorneys'feesandcostsincurredin defenseof thelitigation.

The applicant shall pay such attorneys' feesand costswithin 30 days following receipt of invoices from City. Such attorneys' fees and costs shall include amounts paid to counsel not otherwise employed as City staff and sha11include City Attorney tirne and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City.

10. NOTICE OF FEES, DEDICATIONS, RBSERVATIONS, OR OTHER EXACTIONS i
Resolution No. 19- 072 I

Page 6 ends

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.

Youareherebyfurther notified that the90-day approvalperiod in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section66020(a),hasbegun. If you fail to file aprotestwithin this 90-dayperiodcomplying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions,
PASSEDAND ADOPTEDataregularmeetingof theCity Councilof theCity of Cupertino this 18thday of June, 2019, by the following vote:

Vote Members of the City Council
AYES: Scharf, Chao, Paul, Sinl<s, Wi11ey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
j
Steven Scharf, Mayor Date .

Cit of Cu ertino
ATTEST:
2-- 1 q
Grace Schmidt, Ci Clerk Date

CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014

DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: U- 2006-03, ASA- 2006-05, EA- 2006-06
Agenda Date: May 9, 2006
Applicant: Timothy Reeves, on behalf of Public Storage
Owner: Public Storage, Inc.

Location: 20565 Valley Green Drive, APN 326- 10-044
APPLICATION SUMMARIES:

USE PERMIT and ARCHITECTURAL & SITE APPROVAL to demolish an existing 53, 890 square foot, single-story storage facility and construct a 155,253 square foot, three-story storage facility.

RECOMMENDATION:

Staff recommends that the Planning Commission recommend to the City Council:

1. Approval of the negative declaration, file no. EA- 2006-06

2. Denial of the Use Permit, file no. U- 2006-03, based on the model resolution.

3. Denial of the Architectural & Site Approval, file no. ASA- 2006-05, based on the model resolution.

Project Data:

General Plan Designation:

Zoning Designation:

Specific Plan:

Site Area:

Existing Building SF:

Proposed Building SF:

Industrial/ Residential
P (CG, ML, Res 4- 10)
North De Anza Boulevard Special Center
130,469 square feet ( 2. 99 acres)
53, 890 square feet ( to be demolished)
Building A: 74, 511 square feet
Building B: 80, 742 square feet
Total Building SF: 155,253 square feet
Building Coverage:

Floor Area Ratio:

Building Height:

Required Parking:

Provided Parking:

Hours of Operation ( Storage):

Hours of Operation ( Office):

Total Employees:

Employees at anyone time:

39. 6%

1. 19
43 feet maximum, 45 allowed
N/ A
80 spaces
6: 00 a. m. - 9: 00 p. m. (same as existing hours)
9: 00 a. m. - 5: 00 p. m. (same as existing hours)
5 employees
2 employees
Environmental Assessment: Negative Declaration
3-1
U- 2006-03, ASA- 2006-05, EA- 2006-06

Page 2 ends

May 9, 2006
BACKGROUND:

Development of the site will require removal of all of the existing mini- storage buildings on the property, consisting of nine single-story buildings with an associated rental office. The project site is surrounded by Interstate 280 to the north, existing two- story office buildings and Valley Green Drive to the south, a condominium development (Oak Park Village) under construction to the east and a multiple-family residential neighborhood to the west. The site is accessed from Valley Green Drive by a 30- foot wide driveway easement that is on the adjacent properties to the south and east.

DISCUSSION:

Site Layout.

The proposed project is comprised of two three-story buildings in the center of the property. Building A is proposed to be 74, 511 square feet and will include 631 storage units with an associated 1, 100 square foot rental office. Building B is proposed to be 80, 742 square feet with 537 rental units. Eighty parking spaces will be provided around the new buildings. Landscaping will be provided along the perimeter of the site.

The site is located within a Planned Development zoning district, which does not provide setback standards. The proposed project will have a setback of 51 feet from the northern property line ( adjacent to Interstate 280), a 15 foot rear yard setback from the southern property line, a 54 foot setback from the eastern property line ( that includes half of the 30- foot driveway easement) and 50 feet from the western property line adjacent to the multiple-family residential neighborhood).

Architecture and Building Materials.

The architecture of the buildings has been designed to be compatible with the Oak Park Village condominium development with respect to wall articulations, building shapes and variation of wall heights. The proposed buildings provide considerable wall articulations to break up the 370- foot wall lengths of each building.

Additionally, varying wall heights have been proposed by incorporating different roof shapes and wall heights. The buildings' heights are consistent with the adjacent three- story, 45- foot height Oak Park Village development. However, the existing two- story office buildings to the south are considerably lower, with a height of approximately 33 feet to the top of roof and 36 feet to the top of parapet.

The building materials include use of stucco EIFs ( exterior insulation and finish systems), split face concrete masonry blocks, cornice treatments and metal awnings.

The applicant is proposing to use a combination of gray, sand, and white colors for the building. Metal awnings are proposed to be painted orange to match the corporate logo color of Public Storage.
y::¿
U- 2006-03, ASA- 2006-05, EA- 2006-06

Page 3 ends

May 9, 2006
Although the buildings have been designed to be compatible with the surrounding uses, staff believes they will appear industrial, with a significant amount of three-story high wall area without windows and significant use of concrete split face masonry block units. Therefore, the proposed project wiII still appear somewhat different from the surrounding developments. The Oak Park ViIIage condominiums wiII have a significant amount of window area and will have a stucco exterior, as do the existing two- story office buildings to the south.

Staff is also concerned about the height of the proposed buildings as they will be prominently visible from Interstate 280, the new condominium development currently under construction to the east, the existing residential neighborhood to the west and the two- story office buildings occupied by Apple to the south.

Landscaping.

Existing landscaped areas include a planter area adjacent to the rental office building at the entrance to the project site, some redwood trees along the northern property line at the entrance to the site, and a five- foot landscaped area with redwood and fern pine trees. Landscape screening of the site benefits from the landscaping on adjacent properties, including eucalyptus trees in a planter area on the adjacent property to the south and mature trees planted in the Interstate 280 right- of-way landscape area between the freeway and the project site.

The conceptual landscape plan provides enhanced landscaping, due to additional setbacks provided by the new buildings. No existing trees will be removed. The landscape plan provides for new and extended landscape planter areas around the perimeter of the site, including a 10- foot wide planter along the northern property line, a IS- foot wide planter along the southern property line, a 25- foot planter along the western property line and a 30- foot planter along the eastern property line.

Additionally, planter areas wiII be installed between parking spaces along the northern elevation of the building to accommodate new magnolia trees.

Staff finds that although the applicant is significantly increasing landscape area along the perimeter of the project site, the number of trees to be added appears minimal. If the Planning Commission recommends approval of the project, staff recommends that the Commission require additional trees on the site.

Public Art. The recently adopted General Plan requires that new projects of 50, 000 square feet or more contribute 1/4 % of their construction valuation toward public art. If the Planning Commission recommends approval of the project, a condition of approval requires public art for this project.
3<3
U- 2006-03, ASA- 2006-05, EA- 2006-06
Page4
May 9, 2006
Parking.

The City's parking ordinance does not include a parking requirement for storage facilities. As a result, a parking study was prepared by TJKM Transportation Consultants to determine the parking demands of the project. The study was based upon analysis of the entry/exit log data for the month of March and driveway counts collected during the evening peak period between 4: 00 p. m. and 6: 00 p. m. on a weekday.

The study was also based upon a total projected building square footage of approximately 204,000 square feet and 83 parking spaces. Since preparation of this parking study, the proposed square footage of the building was reduced to 155,253 square feet and 80 parking spaces. Staff believes that the proposed number of parking spaces will be sufficient to accommodate the use.

North De Anza Special Center
The project site is located in the North De Anza Special Center area. Per the General Plan, this area focuses on development activities including office, industrial, research and development with supporting commercial and residential uses. Developments. in this area are required to adhere to design elements by providing extensive landscape setbacks/ corridors adjacent to De Anza Boulevard. Since the site has no direct street frontage, the landscape setback/ corridor requirements do not apply.

Maintaining Cohesive Commercial Centers and Office Parks The General Plan includes policies for the maintenance of cohesive commercial centers and office parks, which encourage new development and expansion of commercial( office uses within these areas. The project site is located in an area identified as an office park.

The proposed mini- storagefacility is a non- office use that does not promote these General Plan policies for maintaining cohesive office parks and, therefore, staff believes that the project, which will significantly intensify the use of the site as a mini- storage facility by almost tripling the amount of existing mini- storagebuilding area, will conflict with these policies. The proposed project will offer very little public and community benefit, as it is anticipated to generate a minimal amount of retail sales tax to the City for its sales of packing/boxing supplies, and is substantially inconsistent with the surrounding uses of the area that include office and multiple-family residential. More importantly, the substantial intensification of this site will preclude future development of the site for future expansion of an office park, and particularly a high tech office park currently occupied by Apple.

Although the applicant has made substantial design changes to provide a design that is compatible with surrounding buildings, staff believes that the proposed project does not follow the policies for maintaining cohesive commercial/ office parks. Therefore, w
U- 2006-03, ASA- 2006-05, EA- 2006-06

Page 5 ends

May 9, 2006
staff does not support the proposed project, particularly since these policies were developed by the recently adopted General Plan of November 2005, and recommends that the Planning Commission recommend denial of the project.

Environmental Review.

The Environmental Review Committee ( ERq reviewed this project on April 12, 1006 and recommended approval of a negative declaration for this project. Items discussed included additional landscaping to be provided on the site, staffing and hours of operation, and parking.

Enclosures:

Model Resolutions recommending Denial
Model Resolutions recommending Approval
Exhibit A: Public Storage Project Description
Exhibit B: General Plan policy for Maintaining Cohesive Commercial Centers and Office Parks
Exhibit C: Parking study prepared by TJKM Traffic Consultants dated March 20, 2006 Initial Study and ERC Recommendation
Plan Set
Submitted by: Aki Honda, Senior Planner ~
Approvedby: Steve Piasecki, Director of Community Development &''' G: CupertinoNT /PlanningIPDREPORT /pcUsereports/ 2006ureports/ciddyU- 2006-03. doc 3~5
U- 2006-03

CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014

MODEL RESOLUTION

OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL OF A USE PERMIT TO DEMOLISH AN EXISTING 53, 890 SQUARE FOOT, SINGLE- STORY STORAGE FACILITY AND CONSTRUCT A 155,253

SQUARE FOOT, THREE- STORY STORAGE FACILITY ACCESSED FROM V ALLEY GREEN DRIVE ( pUBLIC STORAGE).

SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, 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 applicant has not met the burden of proof required to support said application; and has not satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general weIfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title; and 3) The proposed development is consistent with the North De Anza Boulevard Special Center area.

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended for denial, subject to the conditions which are enumerated in this Resolution beginning on Page2 thereof; and
That the subconcIusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. U- 2006-03 as set forth in the Minutes of the Planning Commission Meeting of May 9, 2006, and are incorporated by reference as though fully set forth herein.

Jrc,
Model Resolution

Page 2 ends

U- 2006-03 May 9, 2006
SECTION II: PROTECT DESCRIPTION
Application No.:

Applicant:

Location:

U- 2006-03 ( EA- 2006-06)
Timothy Reeves ( Public Storage)
20565 Valley Green Drive
PASSED AND ADOPTED this 9th day of May 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COMMISSIONERS:

COMMISSIONERS:

COMMISSIONERS:

COMMISSIONERS:

ATTEST: APPROVED:

Steve Piasecki
Director of Community Development
Marty Miller, Chairperson
Planning Commission
G: \ Planning \ PDREPORT\ RES \ 2006 \ U- 2006-03 res. doc 9-'7
ASA- 2006-05

CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014

MODEL RESOLUTION

OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO

RECOMMENDING DENIAL OF AN ARCHITECTURE AND SITE APPROVAL TO DEMOLISH AN EXISTING 53, 890 SQUARE FOOT, SINGLE- STORY STORAGE FACILITY AND CONSTRUCT A 155,253 SQUARE FOOT, THREE- STORY STORAGE FACILITY ACCESSED FROM VALLEY GREEN DRIVE ( PUBLIC STORAGE).

SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, 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 applicant has not met the burden of proof required to support said application; and has not satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title; and 3) The proposed development is consistent with the North De Anza Boulevard Special Center area.

NOW, THEREFORE, BE IT RESOLVED:

That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Architectural and Site Approval is hereby recommended for denial, subject to the conditions which are enumerated in this Resolution beginning on Page2 thereof; 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. ASA- 2006-05 as set forth in the Minutes of the Planning Commission Meeting of May 9, 2006, and are incorporated by reference as though fully set forth herein. 3--'b
Model Resolution

Page 2 ends

ASA- 2006-05 May 9, 2006
SECTION II: PROTECT DESCRIPTION
Application No.:

Applicant:

Location:

ASA- 2006-05 ( EA- 2006-06)
Timothy Reeves ( Public Storage)
20565 Valley Green Drive
PASSED AND ADOPTED this 9th day of May 2006, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COMMISSIONERS:

COMMISSIONERS:

COMMISSIONERS:

COMMISSIONERS:

ATTEST:

Steve Piasecki
Director of Community Development
G: \ Planning \ PDREPORT\ RES \ 2006 \ASA- 2006-05 denial.doc APPROVED:

Marty Miller, Chairperson
Planning Commission
3~(.}
From: Liang Chao
To: City Clerk
Subject: Fwd: Public Storage Already Has Freeway-Facing Signage and more Date: Sunday, March 19, 2023 6:47:30 PM
Attachments: ATTACHMENT A RESOLUTION.PDF
Please enter this into the written communication for 3/21 council meeting.

Thanks!
Liang Chao​
Council Member
City Council
[email protected]
408-777-3192
From: Rhoda Fry <[email protected]>
Sent: Wednesday, March 8, 2023 3:41 PM
To: Christopher Jensen <[email protected]>
Cc: Luke Connolly <[email protected]>; City Council <[email protected]>; City of Cupertino Planning Commission <[email protected]>; Pamela Wu <[email protected]> Subject: Public Storage Already Has Freeway-Facing Signage and more

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Chris,

As I mentioned to you briefly last night, after further research on the signage at the new Public Storage building, I realized that the building already has a “freeway-oriented sign” on the east elevation (the short end of the building on the De Anza exit side). Consequently, that signage should have gone to the Planning Commission. In spite of complaints to 311, the sign has remained illuminated all night long and shines directly into the windows of the adjacent condos (as does the interior and exterior lighting). Even if the building were to be illuminated until 11PM, all that light would be a public nuisance.

Additionally, the signage does not uphold the intent of resolution 19-072 attached: the design of the building is to emulate an office building (2b) and the eastern elevation was to be modified to improve the aesthetics of the project (6). As our City continues to densify, we need to carefully consider the interfaces between residential and commercial land-uses.

Driving on the freeway, you’ll notice that the existing Public Storage sign is by far more visible than the Cupertino Hotel sign, which runs parallel to the freeway. I can see how the Planning Department might have assumed that the east elevation sign is not oriented toward the freeway because it does not run parallel. However, the definition of “oriented” in our Cupertino Municipal Code is clear – it is about being visible. "Freeway oriented sign" means any sign which is located within six hundred sixty feet and visible from a freeway right-of- way as defined by Section 5200 of the California Business and Professions Code. https://codelibrary.amlegal.com/codes/cupertino/latest/cupertino_ca/0-0-0-93096#JD_Chapter19.08

Below are views of the views from the adjacent condos and from the freeway (sign is upper left):

I would also like to draw to your attention that the objective building’s freeway-oriented lighting is to draw attention to the building from the freeway. Public Storage’s design objective is to have the building be the sign, which is in opposition to the City’s resolution. Read Public Storage’s story here: https://www.publicstorage.com/blog/public-storage/public-storage- locations-get-a-new-look. Also notice below that the back of the building is acceptably dark at night and its windows are frosted.

Here is the modest non-illuminated directional sign on Valley Green Drive which highlights the fact that the existing illuminated sign is excessive (the newly approved sign running parallel to the freeway would be 3 times larger). The freeway-oriented interior lighting should be off at night and the existing freeway-oriented sign should be used only to identify the building - - - office buildings in Cupertino don’t have signs that large.

Thank you for looking into this and for retaining our community values.

Sincerely,
Rhoda Fry (40 year resident, 2022 recipient CREST award for Public Safety) From: Liang Chao
To: City Clerk
Subject: Fwd: Can I take you on a Public Storage Tour?
Date: Sunday, March 19, 2023 6:40:46 PM
Attachments: image002.png
ATTACHMENT A RESOLUTION.PDF
I did go on this tour on the 3/15 around 7:30pm.

Please enter this into the written communication for the 3/21 meeting.

Liang Chao​
Council Member
City Council
[email protected]
408-777-3192
From: Rhoda Fry <[email protected]>
Sent: Thursday, March 9, 2023 11:12 AM
To: Kitty Moore <[email protected]>; Liang Chao <[email protected]> Subject: Can I take you on a Public Storage Tour?

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Council Members Chao and Moore,

Can I take you on a Public Storage Tour? After multiple visits, I have gained a number of insights and appreciate your interest. It is best to go before sunrise or after sunset.

Please let me know what dates/times work for you.

I understand that if I take you on a tour that you will be required to mention ex parte communication with me. This is a good thing because it demonstrates your interest in the issue.

My suggested tour starts at the condos across the freeway near 20744 Celeste Circle and ends at the 20565 Valley Green Dr, Cupertino, CA 95014
(that way we don’t have to make a U-turn on De Anza)

1. Start on the long driveway near 20744 Celeste Circle – I’ve always found parking there (there happens to be another storage company located adjacent to these condos)

2. Walk up the stairs between the buildings and look between the buildings to see what residents see at night. Then walk around the swimming pool to access the other half of the complex that faces the freeway. You might run into some residents along the way as I have before. This photo is taken from a resident’s condo and you can get a pretty good idea of what it would look like by walking the property. I have met residents from the adjacent apartment building who say that light is spilling into their area as well. The amount of light from those upper stories, gives you an idea as to how much light would be coming from the proposed new sign.

3. As you drive over to Public Storage, notice the existing signage (about 1/3 of the size of the proposed signage) as you cross over the freeway. It is much more noticeable than the Cupertino Hotel sign.

4. Upon entering the driveway, notice the modest directional signage. This is an appropriate size.

5. Take a look at the non-descript back side of the building with frosted windows. It has a minimal amount of down lighting. Here is a day picture and night picture.

6. Take a look at the side of the building that faces the adjacent condos – both lighting and privacy issues. Look for the Cupertino Hotel sign across the freeway – it is very hard to see!!! After many complaints, Public Storage has turned off the lighting where the orange doors are but not the lower lighting or the sign. See below of before and after. Having the sign illuminated all night long is a code violation. Note also that City’s resolution for this building (attached) was to improve the aesthetics of this side of the building. Having looked at the plans, this does not appear to have happened.

This sign on the short end of the building is a freeway-oriented sign (as defined by municipal code – within 660 ft and visible from freeway)! Consequently the Council vote on February 7 wound up voting for a second freeway-oriented sign.

Reminder, per the Municipal Code, the Planning Commission can vote for ZERO signs if it does not meet design criteria or requirements imposed by the development. The Planning Commission can also vote for ONE sign. And the Planning Commission can make an exception and vote for more signs.

7. As you leave the self-storage parking lot, turn right into the office complex parking lot and get a better look at the back side of the building facing the offices.

The issue to be heard on March 21 will apply only to the second freeway-oriented sign (now that we have established that Public Storage already has one) – seeing the amount of light given off from the building gives you an idea as to the impact that four-and-one-half foot tall letters would have on the residents. Worse, moving forward, I am worried about future developments. Did you know that there are at least four self-storage businesses in Cupertino? Another replacement self- storage building was recently approved – how might its signage affect residents if this one is approved? What about other developments as we densify our City?

Please also keep in mind the architectural and site approval permit that stipulated that the building is supposed to emulate an office building (attached). Office buildings don’t have big signs. Why? They’re limited to signage that is 40 square feet.

Commercial buildings are allowed 200 sq ft. If the Public Storage building is supposed to look like an office building, then should it be limited to signage that is 40 square feet? See excerpt of page 3 of 2022 Planning Packet:

Some Excerpts of the Municipal Code:

19.104.010 Purpose and Intent.

A. The purpose of the sign ordinance is to identify and enhance businesses while maintaining the aesthetic
appearance of the City.

B. A good sign program will provide information to the public concerning a particular business or use and will serve the visual and aesthetic desires of the community.

C. The City has adopted this title with the intent to:

1. Provide architectural and aesthetic harmony of signs as they relate to building design and surrounding landscaping;

2. Provide regulations of sign dimensions and quantity which will allow for good visibility for the public and the needs of the business while providing for the
safety of the public by minimizing distraction to the motorist and pedestrian;

3. Provide for sign regulations that will be compatible with the building, siting, and the land uses the signs are intended to identify;

4. Provide for maintenance of existing signs and a program for bringing nonconforming signs into conformance with the standards of this title as changes are made to the signs or businesses;

5. Provide procedures which will facilitate the efficient processing of sign applications; and

6. Provide design criteria which will promote attractive and effective signs for Cupertino residents, businesses, employees and visitors.

19.104.050 Sign Permit Application–Review Criteria.

The Approval Body shall review the sign application to ensure that the following criteria are met:

A. The proposed sign
meets the requirements of this title or any special conditions imposed in the development.

B. The proposed sign's color and illumination is not in conflict with the safe flow of traffic on the City streets.

C. The sign is in conformance with the Design Criteria in Section 19.104.220.

19.104.220 Design Criteria–Permanent Signs.

Although the aesthetic appearance of signs is subjective, the City recognizes that certain basic design guidelines are needed in
order to maintain the City's high quality appearance. The following criteria shall be incorporated into the design of signs.

C. All signs shall be architecturally compatible and in harmony with the building with which it is principally associated, by
incorporating its colors, materials, shape and design.

The sign shall also be compatible with the aesthetic
character of the
surrounding developments and neighborhood.

G. The sign's color and illumination shall not produce distraction to motorists or nearby residents.

Thank you for your interest,
Rhoda Fry
(408) 529-3560

From: Liang Chao
To: City Clerk
Subject: Public Storage sign - petition
Date: Monday, March 20, 2023 10:48:47 AM
Please enter this petition into the meeting record since it should be part of the meeting record.
https://www.change.org/p/say-no-to-huge-illuminated-sign-facing-280-on-public-storage- building
And the videos it includes:

See video on how this building turned out in comparison to plan: https://youtu.be/duCbf8is4I0
See video on public comment about the sign after City Council approved it: https://youtu.be/MVLVzVu2vY0
==========
Say No to Huge Illuminated Sign Facing
280 on Cupertino Public Storage
Building Agenda #7
Rhoda Fry started this petition to Cupertino City Council Cupertino City Council and 1 other
Stop Giant Illuminated Commercial Sign Facing Highway 280 (3/21 Agenda #7)
Have you noticed the new Public Storage building facing Highway 280 near De Anza? The building was supposed to resemble an office building that would not be seen from the freeway. Now they want to install a huge illuminated sign with four-and-a-half foot tall letters along a 50-foot long orange wall that will be distracting to motorists and nearby residents. The sign will beam into the homes of residents until 11PM nightly and brighten our mostly-dark Highway 280.
* Please Do Not give money to change .org to promote this petition * If City Council approves this sign, then any business facing the freeway or residents' homes might claim entitlement to having their own sign which will forever impact the quality of life of Cupertino residents.

The Santa Clara Valley Audubon Society has also created a call to action:

SCVAS Action Alert: Tell Cupertino to say no to lighted sign http://hosted.verticalresponse.com/756507/a6fe1796c4/282972443/a e0cc1ebd3/
The City Council meeting is on March 21 at 6:45 PM in Community Hall next to the library at: 10800 Torre Ave, Cupertino, CA 95014 What You Can Do:

1. Go to the Meeting In Person and speak or attend online Register for zoom here:
https://cityofcupertino.zoom.us/webinar/register/WN_G-
KTGVhYR_GYoe-yz0zkRg

2. Write to City Council
TO: [email protected]; [email protected]
SUBJECT: Agenda Item #7 No Public Storage Sign
Dear City Council,
On March 21, please vote no on the Public Storage freeway-facing sign. Our community begs you to reconsider your February vote to allow Public Storage to have a new huge sign with 4-and-a-half-foot tall illuminated letters that face the freeway. Unfortunately, the staff report lacked the facts you needed to make an informed decision such as the Cupertino Municipal code 19.104.220 C. and G. that dictates that "The sign shall also be compatible with the aesthetic character of the surrounding developments and neighborhood" and "The sign's color and illumination shall not produce distraction to motorists or nearby residents." You were neither shown that the sign would face condominiums nor that the building already had its one allowable freeway- oriented sign. Moreover, this building was approved on the basis of it not being visible from the freeway. Public Storage needs to have a sign program that meets the needs of your constituents. You can get an idea as to how bad the sign is by driving by the over-illuminated building at night; this needs to be fixed because it is a distraction to motorists and residents. Vote no on the new sign.

Sincerely,
It is best to write a letter on how you would be affected by the sign and its illumination on the freeway.
* Please Do Not give money to change .org to promote this petition * This petition will have a very short lifespan and it is not worthwhile to promote it with your money. Ask your community to sign on, write your own personal letter, and show up at City Council on March 21 at 6:45 PM (next to the Cupertino Library).

See video on how this building turned out in comparison to plan: https://youtu.be/duCbf8is4I0
See video on public comment about the sign after City Council approved it: https://youtu.be/MVLVzVu2vY0

Liang Chao​
Council Member
City Council
[email protected]
408-777-3192

From: Peter Prekler
To: City Clerk; City Council
Subject: Meeting 3/21: Public Storage
Date: Thursday, March 16, 2023 10:56:19 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Madam / Sir,
Please do not vote for installing the 50 feet long orange sign facing the Highway 280 also our living room and office . I’m sure there it is not allowed to have such big signs next to the freeway as iy is distracting for the drivers. According to my knowledge Public Storage doesn’t really need a sign anyway, if someone really wants find one can easily search for the nearest one on the internet. The building itself is ugly enough already , I don’t know why people want to make it more unbearable to watch.

Please be respectful and consider that we live here in the front of that eyesore of a building, that sign will not help to increasing our apartments worth either.

Please consider also to forbid for Public Storage any signs facing the Highway 280, as it can cause accidents, if people just watching the signs. The ramp of De Anza Blvd is right here next to that building, drivers should concentrate on the traffic not on unnecessary signs.

Sincerely
Peter Prekler
20717 Celeste Cir, Cupertino
From: Nina Daruwalla
To: City Council; City Clerk; Cupertino City Manager"s Office; City Attorney"s Office; Nina Daruwalla Date: Monday, March 20, 2023 12:32:30 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council, City Manager, and City Attorney,
I am writing to express my deep concern about the proposed construction of a very bright sign across from our community. As a local resident, I strongly oppose this proposal and urge you to reject it.

The construction of a bright sign will not only be an eyesore but also a disturbance to the peace and tranquility of our neighborhood. The brightness of the sign would be extremely bothersome to local residents, making it difficult to relax in the comfort of our own homes. Moreover, it would be a significant distraction to drivers on the road, increasing the risk of accidents and endangering the safety of our community.

I urge you to consider the impact that this proposed sign will have on our community, and prioritize the well-being and comfort of local residents. As elected officials, you have a responsibility to listen to the voices of the people you represent and act in their best interests. Please do not allow the construction of this bright sign and protect the integrity of our community.

The De Anza Forge Condominium Homeowners Association represents 96 homeowners. We are asking that you mitigate the impacts of the new Public Storage building on our health, safety, and quality of life.

Most IMP- it is a Safety Issue disturbing the Drivers on Highway 280, distracting them with bright lights which natural instinct will have them look up to see the sign!! The Community of De Anza Forge which is right across the freeway from them will also have light shine into homes and destroy the enjoyment of personal homes! Key Points:

1. We were Never notified about the construction of the building which is right AT the Freeway Wall, and now have lost open views

2. We were Never notified that the building would be illuminated all night long, which is a public nuisance

3. We were Never notified about the proposed new illuminated sign. Had we known, we would have protested the sign and are doing so now.

4. The proposed sign violates the Cupertino Municipal Code

19.104.220 Design Criteria–Permanent Signs, “The sign shall also be compatible with the aesthetic character of the surrounding developments and neighborhood” and “The sign's color and illumination shall not produce distraction to motorists or nearby residents.”

5. Additionally, the proposed illuminated sign will be a safety hazard, blinding all residents entering the driveway that is used by all of the homes at De ANza Forge. Would Any of you like signs like this one put up across the street from Your Homes??

6. The building, the illumination on the building and the proposed sign, will reduce our property values. This will reduce the value of all the homes facing the freeway by 10% and the remaining homes by 5% as this will need to be disclosed at every sale!
We would not like to seek Legal Assistance on this but if we have to, we will.

Please mitigate the impacts of this new development to the fullest extent possible.

Please DO NOT Allow this Large Illuminated Sign to go up and ANY Cost!! Thank you for taking the time to read my letter and considering my concerns. I trust that you will make the right decision and reject this proposal.

Sincerely
Nina Daruwalla
408.219.5743
Realtor- Coldwell Banker Cupertino.

Past-Housing Commissioner- City of Cupertino
Past- Public Safety Commissioner- City of Cupertino
From: Paulina Grzegorek
To: City Clerk; City Council
Subject: March 21 Agenda #7 No Huge Public Storage Sign Facing Freeway Date: Monday, March 20, 2023 3:48:44 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council:

I am writing for a second time, as I received no response from any member of the city council regarding this problem. Please do not allow Public Storage to put up an enormous illuminated sign facing 280.

The building, which was recently constructed, already interferes with the quality of my life because it is lit up all night long and the light goes directly into my condo on the other side of the freeway. The proposed illuminated light would only make the problem worse, especially during the summer months when windows are kept open to let cool air in (letting in also the view of a large glowing sign). It is a well known fact that light interferes with the quality of sleep, and therefore the quality of life. This light and the sign that provides it will lower the quality of my life. Where I once had a lovely view of the mountains, I now have an ugly grey building blocking it, with the threat of an enormous illuminated Public Storage sign being placed upon it. Please do not allow this to happen.

In October, the Planning Commission denied any signage facing the freeway per CMC 19.1-4, and yet, here it comes...

I look forward to seeing the action you take in this matter.

Sincerely,
Paulina Grzegorek
From: Liana Crabtree
To: Hung Wei; Sheila Mohan; Liang Chao; J.R. Fruen; Kitty Moore Cc: City Clerk
Subject: written communication: 3/21/2023 Council meeting, Agenda Item 7, reconsideration of the approval of the non- conforming sign on HWY 280
Date: Tuesday, March 21, 2023 1:01:01 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Honorable Mayor Wei, Vice Mayor Mohan, and Council Members Chao, Fruen, and Moore:

Please include my letter as written communication for the 3/21/2023 Council meeting, Agenda Item 7, “Consider petition for reconsideration regarding the City Council decision of February 7, 2023 to uphold the appeal in part, approve one of the two requested freeway-oriented signs, and deny the requested sign exception….”
I request that Council undo its decision from 2/7/2023 that allows a self-storage business to add excessive nighttime lighting and an extra sign that is not compliant with the municipal code by size or number.

An extra sign and excessive nighttime illumination from the sign and the lighted faux hallways would be a distraction for drivers on HWY 280, a nuisance for people living nearby and unable to block the added light from their windows, and is not in keeping with the “scenic highway eligible” designation assigned to HWY 280 in Cupertino.

I note that both the Santa Clara Valley Audubon Society and the Loma Prieta Chapter of the Sierra Club are advising support of the reversal of Council’s 2/7/2023 decision to allow the non-conforming business to add a sign and excessive nighttime lighting to its place of business.

This 1.5 minute video illustrates why the extra sign and excessive nighttime illumination should not be allowed on the building that fronts a highway and the many homes located just beyond the highway:
https://youtu.be/duCbf8is4I0
The second highway-facing sign and excessive building lighting Council approved on 2/7/2023 were misrepresented and the decision to allow both should be undone.

Sincerely,
Liana Crabtree
Cupertino resident

From: Caryl Gorska
To: Hung Wei; Sheila Mohan; J.R. Fruen; Kitty Moore; Liang Chao; Pamela Wu; Christopher Jensen; City of Cupertino Planning Dept.

Cc: Caryl Gorska
Subject: Public Storage signage approval
Date: Tuesday, March 21, 2023 1:03:15 PM
Attachments: PublicStorage.jpeg
Dear City Council, Planning Department, City Manager, and City Attorney, - pause a minute to take this image in before reading more below - This image is of the signage *already* approved and installed. Note that the signage is NOT just the bright white lighted letters, it’s the whole side of the building that’s lit up! Even this signage is against Cupertino city code 19.104.220 (g) The sign’s color and illumination shall not produce distraction to motorists or nearby residents.

I don’t how this got through in the first place — surely the residents who will suffer weren’t consulted. And I would have thought that the first thing our Planning Department does when a project proposal comes through is to check to see if it complies with our own City law.

For the love of your fellow humans, please don’t approve more illegal signage at Public Storage!
Thank you,
Caryl Gorska
10103 Senate Way
Dear City Council, Planning Department, City Manager, and City Attorney,

- pause a minute to take this image in before reading more below -

This image is of the signage *already* approved and installed. Note that the signage is NOT just the bright white lighted letters, it’s the whole side of the building that’s lit up!

Even this signage is against Cupertino city code 19.104.220 (g) The sign’s color and illumination shall not produce distraction to motorists or nearby residents.

I don’t how this got through in the first place — surely the residents who will suffer weren’t consulted.

And I would have thought that the first thing our Planning Department does when a project proposal comes through is to check to see if it complies with our own City law.

For the love of your fellow humans, please don’t approve more illegal signage at Public Storage!

Thank you,

Caryl Gorska
10103 Senate Way

From: Anne Ezzat
To: Kirsten Squarcia; City Clerk
Subject: Item #7 Public Storage Sign on Tonight"s Agenda Date: Tuesday, March 21, 2023 10:53:51 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Kirsten,
During my public comment on item #7 for the Public Storage Sign reconsideration, I would like to show this YouTube that is on a Change.org petition.

Can you please make sure that I can show it this evening? https://www.dropbox.com/s/ekfftoxbdg25wsf/Cupertino%20Public%20Storage%20Plan%20vs%20Actual.mp4? dl=0
Thanks,
Brooke
From: Angela Ma
To: City Council; City Clerk
Subject: 3/21 Agenda #7 Public Storage
Date: Tuesday, March 21, 2023 1:03:52 PM
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Dear Cupertino City Councilmembers,
I understand that there will be a City Council meeting today at 6:45pm. I will attend via Zoom, as I need to take care of my two children and pick them up from their school's game.

I am an owner and resident at Oak Park Terrace. This new 4-story Public Storage has already obstructed my view of the mountains and horizon, and now, I only see a large building when I look out my windows. I had voiced my concerns and opinions at that time but to no avail. Below is a picture when I look out the window before sunrise and at night time. The lights are extremely bright and blinding as you can see in the picture below, and I can no longer sleep with my curtains and windows opened when the nights are warm. Please do not approve for Public Storage to install highly, lit signs. I can no longer enjoy the view nor enjoy the night sky from my home. Please feel free to contact me with any questions. Thank you for your consideration.

Kind regards,
Angela J.
mobile: 415-215-9989
Sent from my iPhone
From: Rhoda Fry
To: City Clerk; City Council
Subject: March 21 #7 Public Storage - for public comment Date: Tuesday, March 21, 2023 11:53:33 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the following for public comment March 21 #7 Public Storage These are calls to action from Audubon, Sierra Club, Change.org, and 2 letters to the editor in the San Jose Mercury News to Say No to the Sign Thank You,
Rhoda Fry
From: Santa Clara Valley Audubon Society [mailto:[email protected]] Sent: Friday, March 17, 2023 5:27 PM
To: [email protected]
Subject: SCVAS Action Alert: Tell Cupertino to say no to lighted sign

Click to view this email in a browser
LETTERHEAD_LOGO
Tell Cupertino to say no to lighted sign

What is happening

The Public Storage facility on Highway 280 near De Anza Boulevard was expected to look like an office building and not be visible from the highway. Instead, it is brightly colored and clearly visible. Now, the owners want to add a second, huge orange illuminated sign to attract motorists' attention.

The Planning Commission previously rejected this sign because it did not meet Cupertino Municipal Code, which requires that a “sign’s color and illumination shall not produce distraction to motorists or nearby residents.” The City Council approved the sign but was petitioned to reconsider its decision on Tuesday, March 21.

Why it is important

Parts of Highway 280 are designated Scenic Highway, and the Cupertino section is a candidate for Scenic designation. This sign, if approved, could be the first of many highway facing signs that will degrade scenic resources, distract drivers, bring light pollution, and waste energy along Highway 280.

What you can do

Please help us oppose this project! Watch this video to see what the facility looks like and the light pollution already coming from the facility without the illuminated sign.

Please email Mayor Wei and Councilmembers ([email protected] ). Tell them a
little about yourself, and ask them to:

Say no to the illuminated sign and to excessive lighting on the Public Storage building Stop the proliferation of light pollution and waste of energy Adhere to Cupertino sign ordinance that requires that a “sign’s color and illumination shall not produce distraction to motorists or nearby residents” Initiate the designation of the Cupertino section of Highway 280 as a Scenic Highway If you can, please speak at the Council meeting on Tuesday, March 21, to oppose the illuminated sign. The meeting starts at 6:45 p.m. This is item #7 on the agenda.

In-person at Cupertino Community Hall (10300 Torre Avenue and 10350 Torre Avenue), or
Zoom (register here)

Thank you,

Shani Kleinhaus, PhD
Environmental Advocate
Santa Clara Valley Audubon Society
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Call to Action in Cupertino
Dear
Please attend Cupertino’s City Council meeting this coming Tuesday (March 21st). There will be an agenda item (#7) asking City Council to reverse the decision that it made on February 7 that would allow for reconsideration of allowing a sign with four-and-a-half foot tall letters along a 50 foot long orange wall. The sign is ugly – simply a large orange background with the company’s name – it is incompatible with the aesthetic character of the neighborhood. The sign would be facing hwy 280 and would be a potential distraction at night.

It is not compatible with the Cupertino’s own ordinance on signs which require architectural harmony and minimization of distraction of vehicle traffic. The sign is brightly illuminated, and it would shine into the homes of De Anza Forge Condominiums. The sign is for an industrial region such as near the airport.

Please either email the council ([email protected] ) and/or attend the Council Meeting on the 21st at 5:30. Emails should refer to Item #7 – Reconsideration of Public Storage Sign.

On February 21, 3 residents spoke out against the City Council’s decision to approve the huge, illuminated sign.

You can watch them on YouTube here
.

Sincerely,
Gary Latshaw, Guadalupe Regional Group Chair
Sierra Club Loma Prieta Chapter
Santa Clara Valley Audubon Society
22221 McClellan Rd
Cupertino, California 95014
US
Read the VerticalResponse marketing policy.

From: Sierra Club Loma Prieta Chapter <[email protected]> Date: March 20, 2023 at 7:00:46 PM PDT
To: Subscriber
Subject: Your local opportunities to make an impact!
Reply-To: Sierra Club Loma Prieta Chapter

Sierra Club, Loma Prieta Chapter, Guadalupe Regional Group

Change.org
Say No to Huge Illuminated Sign Facing 280 on Cupertino Public Storage Building Agenda #7 Rhoda Fry started this petition to Cupertino City Council Cupertino City Council and 1 other Stop Giant Illuminated Commercial Sign Facing Highway 280 (3/21 Agenda #7) Have you noticed the new Public Storage building facing Highway 280 near De Anza? The building was supposed to resemble an office building that would not be seen from the freeway. Now they want to install a huge illuminated sign with four-and-a-half foot tall letters along a 50-foot long orange wall that will be distracting to motorists and nearby residents. The sign will beam into the homes of residents until 11PM nightly and brighten our mostly-dark Highway 280.
* Please Do Not give money to change .org to promote this petition * If City Council approves this sign, then any business facing the freeway or residents' homes might claim entitlement to having their own sign which will forever impact the quality of life of Cupertino residents.

The Santa Clara Valley Audubon Society has also created a call to action: SCVAS Action Alert: Tell Cupertino to say no to lighted sign http://hosted.verticalresponse.com/756507/a6fe1796c4/282972443/ae0cc1ebd3/

The City Council meeting is on March 21 at 6:45 PM in Community Hall next to the library at: 10800 Torre Ave, Cupertino, CA 95014 What You Can Do:

1. Go to the Meeting In Person and speak or attend online Register for zoom here:
https://cityofcupertino.zoom.us/webinar/register/WN_G-KTGVhYR_GYoe-yz0zkRg

2. Write to City Council
TO: [email protected]; [email protected]
SUBJECT: Agenda Item #7 No Public Storage Sign
Dear City Council,
On March 21, please vote no on the Public Storage freeway-facing sign. Our community begs you to reconsider your February vote to allow Public Storage to have a new huge sign with 4-and-a-half-foot tall illuminated letters that face the freeway. Unfortunately, the staff report lacked the facts you needed to make an informed decision such as the Cupertino Municipal code 19.104.220 C. and G. that dictates that "The sign shall also be compatible with the aesthetic character of the surrounding developments and neighborhood" and "The sign's color and illumination shall not produce distraction to motorists or nearby residents." You were neither shown that the sign would face condominiums nor that the building already had its one allowable freeway-oriented sign. Moreover, this building was approved on the basis of it not being visible from the freeway.

Public Storage needs to have a sign program that meets the needs of your constituents. You can get an idea as to how bad the sign is by driving by the over-illuminated building at night; this needs to be fixed because it is a distraction to motorists and residents. Vote no on the new sign.

Sincerely,
It is best to write a letter on how you would be affected by the sign and its illumination on the freeway. * Please Do Not give money to change .org to promote this petition * This petition will have a very short lifespan and it is not worthwhile to promote it with your money. Ask your community to sign on, write your own personal letter, and show up at City Council on March 21 at 6:45 PM (next to the Cupertino Library).

San Jose Mercury News Letters to the Editor
Tell Cupertino to say no to lighted sign
The Public Storage facility on Highway 280 near De Anza Boulevard was supposed to emulate an office building (it does not) and not be visible from the highway (it is). Now, they want a huge illuminated sign with four.5-foot-tall letters along a 50-foot orange wall that will distract motorists and residents.

Residents already suffer from the building’s brightly illuminated fake façade that resembles hallways with orange doors.

On March 21, the City Council will reconsider its February 4-to-1 decision that allowed the sign. The Planning Commission previously rejected it because it didn’t meet city code: “… sign’s color and illumination shall not produce distraction to motorists or nearby residents.” If approved, other businesses might claim entitlement to signs facing residents’ homes or our mostly-dark highway.

Write the City Council ([email protected]
) and say no to the sign and excessive lighting on the Public Storage building.

Rhoda Fry

Cupertino council should reverse OK for billboard
As a recent college graduate who grew up in the Cupertino area, I am writing to speak out against the addition of a massive illuminated sign directly facing Highway 280.

Besides being a waste of energy, this sign would be a significant source of light pollution, which could have negative effects on motorists, residents and raptors who nest nearby. Furthermore, approval of this sign by the City Council will set a precedent for the potential proliferation of illuminated signs along Highway 280, endangering the designation of this section as a “Scenic Highway.” On Tuesday, March 21, the Cupertino City Council will reconsider its approval of this ugly sign. I firmly believe that the safety and comfort of Cupertino’s residents and wildlife are worth fighting for, and would urge residents to contact the City Council via email or attend the meeting on March 21 to speak up about this issue.

KC Hetterly, Palo Alto

From: [email protected]
To: City Council; City Clerk; Cupertino City Manager"s Office Cc: Nikki Musso; Stephanie Opsasnick; Deborah Torres; [email protected] Subject: Public Storage Sign by 280
Date: Tuesday, March 21, 2023 12:09:53 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

As one of 96 residents in our condominium community I think I can speak for most of us in asking that you deny approval of a large, bright sign on the Public Storage building across from us on the 280 freeway.

My concern is not only the light shining into our windows but also the distraction for drivers on the freeway. And I'm concerned that it will set a president and we'll end up with gaudy bright sign up and down the freeway.

Thank you for your consideration.

Betsy Ross
Board Member/Resident
20719 Celeste Circle
Cupertino, CA 95014
From: Connie Cunningham
To: City Clerk; City Council
Cc: Pamela Wu
Subject: 23-3-21 CC Agenda Item 7: Sign: Consider petition for reconsideration Date: Tuesday, March 21, 2023 2:06:57 PM
Attachments: page1image28459792.png
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23-3-21 Agenda Item 7: Sign: Consider petition for reconsideration Good evening, Mayor, Vice-Mayor and Councilmembers:

I am Connie Cunningham, resident, Audubon Member and Housing Commissioner, speaking for myself only.

If it is possible, I would urge the City to approve this Reconsideration. The illuminated signs are a health and safety hazard. If that is not possible, I would ask that the Council ensure that this does not happen again.

I respect the right of businesses to make a good living, however, businesses have responsibilities to the communities they serve. It may be hard to balance those two needs, but health and safety risks are the most important considerations. City policies establish guidance to help businesses and residents make decisions. A strong safety net is an imperative for government to provide for less fortunate and vulnerable residents in our city.

Consider the current Housing Element process. Affirmatively Furthering Fair Housing is a new law in that process. Those whom we strive to provide with affordable housing will be most harmed by light pollution and other climate change impacts.

<!--[if !supportLists]-->I. <!--[endif]-->First, I urge Public Storage management to consider limiting the hours that they leave lights on to be in keeping with the intent of city ordinances. If business hours end at 9:00 pm, please turn off lights at that time. Please listen to the people who are affected by your work.

We want your storage units. We want you to make a good living . We, also, want you to respect the needs of the residents and drivers in and through our community.- your community, too.

<!--[if !supportLists]-->II. <!--[endif]-->Secondly, I urge City Council to direct Staff <!--[if !supportLists]-->1) <!--[endif]-->To revise the Sign Ordinance (CHAPTER

19.104: SIGNS) to strengthen the requirement for reducing light pollution and light trespass. This would prevent harm to residents and drivers.

<!--[if !supportLists]-->2) <!--[endif]-->The applicant stated that there was precedent for using lighted signs. Wording in our ordinance must clearly state that the fact another firm has a lighted sign does not give added weight to the new request.

I have spoken before about declining biodiversity at City Council. This is just one of many decisions that will impact the health of our residents and biodiversity.

One indicator of the damage caused by light pollution is that birds are dying by the billions because of light pollution. Scientists have warned us that their deaths are a harbinger of the deadly impact of light pollution on the human body. Just like the canary in the coal mine, these birds’ untimely deaths can serve to help us save human lives by limiting light pollution.

In Closing:

As a City, it is imperative we change with new knowledge. Light pollution not only harms plants, trees, insects, bees, birds and wildlife. Light pollution also impacts humans (that means all of us here, and those at home watching). Research has shown links with Eye Injury, Sleeplessness, Obesity, Depression, and Breast Cancer. Companies, government and residents must learn and grow together.*

Thank you for this time to speak.

*a. Light pollution: The dangers of bright nights, January 14, 2021 https://www.dw.com/en/light-pollution-the-dangers-of-bright-skies-at- night/a-56209536

Excerpt: “Science shows links between artificial light and eye injury, sleeplessness
, obesity and in some cases, even depression. A US study on shift workers from 2007 even makes a connection with breast cancer. It is all related to melatonin, a hormone that is released when it gets dark.”

*b. BBC Future: The argument for switching off lights at night July 19, 2021 https://www.bbc.com/future/article/20210719-why-light-pollution-is- harming-our-wildlife
Excerpt: “That includes us. Humans may create light pollution, but we don't escape its harmful effects. Artificial light affects our melatonin levels, altering our natural circadian rhythm and putting sleep patterns out of whack. Exposure to artificial light at night has also been linked to diabetes, mood disorders and an increased risk of breast, prostate, and other cancers. "There are also huge intangible costs," said Paul Bogard, author of The End of Night: Searching for Natural Darkness in an Age of Artificial Light. "What do we lose when we can't walk out and come face to face with the universe?"”

Below is a photo of Cedar Waxwings—they migrate at night through Cupertino every
winter. During the day you will see them in flocks of a dozen or twenty or more!

In the photo below on the left are two Cedar Waxwings who have died during migration.

The photo, also includes three American Robins who died while migrating through Cupertino.

From: harlan chiu
To: City Clerk; City Council
Subject: March 21 Agenda #7 No Huge Public Storage Sign Facing Freeway Date: Tuesday, March 21, 2023 3:44:30 PM
Attachments: image002.png
image001.png
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Dear Cupertino Council members - Hung Wei, Sheila Mohan, Liang Chao, J.R. Fruen, Kitty Moore

I have resided in my current home for the last 15 years at De Anza Forge. The Public Storage building height and excessive bright lighting intrudes thru my patio window and into my living room. I share with you a daytime picture of the Public Storage structure with its bright orange color doors and purple trims with great visibility from my living room window: 1) a daytime picture and 2) a night-time picture with the bright glaring lights. What was once a peaceful and harmonious view of the mountains is now a towering gray cement structure with bright contrasting color trims in discordance with the rest of the surroundings of my neighborhood environment.

Please do not allow a gigantic sign with its bright glaring lights to be erected in direct line of sight to all of us De Anza forge residents. The current building and bright color scheme already invade the view from the complex entrance as we drive in from our long day at work and especially when we take our daily walks around the complex neighborhood to decompress ourselves. The towering Public Storage erected has already taken over the tranquility of our residence skyscape and by approving this Signage with Glaring Lights will make it worse.

Thank you,

Harlan Chiu
Cupertino, De Anza Forge resident of 15 years

Please enter this into the written communication for the 3/21 Council meeting.

(In reverse chronological order)

From: Liang Chao
Sent: Sunday, March 19, 2023 11:56 AM
To: Luke Connolly <[email protected]>
Cc: Gian Martire <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Pamela Wu <[email protected]>
Subject: Public Storage: - Compliance with Conditions of Approval

This line of questions may or may not be related to the sign permit application, while I am trying to understand the requirements a development project like Public Storage need to comply with.

As a policymaker, we adopt resolutions and ordinances, I certainly hope that we can hold the project applicants accountable to the requirements we approved the project under, whether they aeconditions of approval or conditions under existing law, such as CMC or the General Plan.

(CQ = Compliance question)

CQ1: I remember that in the June 18, 2019 the Council was concerned of how a Public Storage building would fit into the neighborhood, given that they are right across from a residential development. Thus, we added a condition and the project applicant also promised at the Council meeting to provide nice landscaping at the front of the building to reduce the impact to the neighborhood.

I found the following item was indeed added to the "ARCHITECTURAL AND SITE APPROVAL PERMIT" in Resolution 19-072.
"EAST ELEVATION
The applicant shall work with the City to neutralize the building color and materials along the eastern elevation, and shall modify the vegetation, as necessary, to improve the aesthetics of the project. The modification shall be reviewed and approved by the Director of Community Development prior to the issuance of building permit." (Resolution 19-072 ARCHITECTURAL AND SITE

APPROVAL PERMIT)
=> What has been done to "neutralize the building color and materials"? => What has been done to "modify the vegetation, as necessary, to improve the aesthetics of the project."

When I visited the project last Wednesday, this is what I see:

There is very little vegetation. Perhaps, the plants are just too small right now?

CQ2: The ARCHITECTURAL AND SITE APPROVAL PERMIT states the requirement:
"In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and, with the future character of the neighborhood and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. ... Lighting for development
should be adequate to meet safety requirements as specified by the engineering and building departments, and provide shielding to prevent spill- over light to adjoining
property owners;" (Resolution 19-072 ARCHITECTURAL AND SITE APPROVAL

PERMIT)

Above is the requirements under the existing regulations.

Below describes how this development will comply with the code:
"The building is designed in a contemporar architectural style to emulate an office building. The architectural style is consistent with the adjacent office building uses and residential building. The location, height and materials of walls, fencing, and plantings have been designed to harmonize with adjacent structures."

=> The Public Storage building constructed does not "emulate an office building" at all, especially with the blinding interior light, which spills over the adjoining property and even spilled over to the residential building across the highway. It is not harmonious with the adjacent structure.

I took this photo from the residential development across I-280. The row of bright interior lights are not found in any other building in that neighborhood or zone and is not found any where in Cupertino.

How does this Public Storage building harmonize "the future character of the neighborhood and purposes of the zone in which they are situated," which is zoned for office and residential uses.

Residents expect that the City Council adopt policies and then the policies are followed by project applicants and the promises made are not broken.

It is my responsibility as a City Councilmember to ask these questions.

Since the question CQ2 has to do with whether the development, including its signs, is harmonious with the neighborhood and the zone where it's located. It is relevant to the reconsideration for signs too.

Thus, I would appreciate an answer before the meeting.

Liang Chao
Council Member
City Council
[email protected]
408-777-3192

Please enter this into the written communication for the 3/21 council meeting.

(In Reverse chronological Order)

From: Liang Chao <[email protected]>
Sent: Sunday, March 19, 2023 2:18 PM
To: Pamela Wu <[email protected]>
Cc: Gian Martire <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Luke Connolly <[email protected]>; Christopher Jensen <[email protected]> Subject: Re: Public Storage and Sign Ordinance

Q10: According to the definition in the CMC and California Business and Professional Code, Sign One on the Public Storage Building is a "freeway oriented sign", since it is "within 660 feet of a freeway" and "visible" from the freeway.

7. "Freeway oriented sign" means any sign which is located within six hundred sixty feet and visible from a freeway right-of-way as defined by Section 5200 of the California Business and Professions Code. (CMC

19.08.030 Definitions)
5224. "Visible" means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. (California Business Professional Code Section 5224)

This interpretation is consistent with my understanding from Table 19.104.200 in CMC

19.104.200 in my earlier question described in Q2.

To summarize, my interpretation of CMC 19.104.200 is
• One freeway-oriented sign (within 600 feet from the edge of free way and visible) is allowed per business.
• If the freeway-oriented sign is "Oriented to regular street system adjoining the property rather than exclusively visible from the freeway", the approving authority is CDC, provided the sign complies with the existing regulations and conditions of approval. • If the freeway-oriented sign is "exclusively" visible from the freeway, the approval authority is Planning Commission, provided the sign complies with the existing regulations and conditions of approval.

Is my understanding correct? Or did I misunderstand anything or missed anything?

I looked up the California Business and Professions Code related to freeway signs.

It's worth nothing the intent and the goal for public benefit of any restriction on freeway signs:.

5226. The regulation of advertising displays adjacent to any interstate highway or primary highway as provided in Section 5405 is hereby declared
o to be necessary to promote the public safety, health, welfare, convenience and enjoyment of public travel,
o to protect the public investment in such highways,
o to preserve the scenic beauty of lands bordering on such highways, and o to insure that information in the specific interest of the traveling public is presented safely and effectively,
recognizing that a reasonable freedom to advertise is necessary to attain such objectives. (California Business and Professions Code 5226)

Thanks,

Liang

From: Liang Chao <[email protected]>
Sent: Sunday, March 19, 2023 12:49 PM
To: Pamela Wu <[email protected]>
Cc: Gian Martire <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Luke Connolly <[email protected]>; Christopher Jensen <[email protected]> Subject: Re: Public Storage and Sign Ordinance

Q9: Would the internally illuminated bright signs, where each letter by itself a light tube have to follow this city regulation as stated in the Resolution 19-072 ARCHITECTURAL AND SITE APPROVAL PERMIT?
"Lighting for development should be adequate to meet safety requirements as specified by the engineering and building departments, and provide shielding to prevent spill- over light to adjoining
property owners;" (Resolution 19-072 ARCHITECTURAL AND SITE APPROVAL

PERMIT)

I think it should, since it will generate "spill-over light to adjoining property owners" and shielding should be provided.

It does not matter what's the source of the light, interior, exterior or from illuminated signs, they are all "lighting from the development".

Right?
Please let me know whether I misunderstood the regulation or have missed anything?

Thanks.

Liang

From: Liang Chao <[email protected]>
Sent: Sunday, March 19, 2023 12:23 PM
To: Pamela Wu <[email protected]>
Cc: Gian Martire <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Luke Connolly <[email protected]>; Christopher Jensen <[email protected]> Subject: Re: Public Storage and Sign Ordinance

Q8: Whether the proposed signs comply with the regulation and is harmonious in the neighborhood and the zone?

I also did not realize at the Feb. 7, 2023 meeting that ALL of letters of the "Public Storage" will be illuminated bright white. Sorry for my ignorance for not understanding the terminology used. I thought "internally illuminated with LED lighting" (as stated in the Feb. 7, 2023 staff report) means the illumination would be less since the illumination is not outside.

I found the following image from this petition:
https://www.change.org/p/say-no-to-huge-illuminated-sign-facing-280-on-public-storage-building

Now I understand that for the Public Storage sign, all the big bold letters are like light tubes themselves. This is a fact that I did not know on February 7, 2023.

With this new knowledge about the Public Storage signs, I do not think they are harmonious to the neighborhood and the zone where it is located for office and residential use.

I find that this style of illuminated bright white signs are not consistent with the existing regulations as stated in the Resolution 19-072 ARCHITECTURAL AND SITE APPROVAL PERMIT:

"In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new buildings should harmonize with adjacent development by being consistent or compatible with design and color schemes, and, with the future character of the neighborhood and purposes of the zone in which they are situated." (Resolution 19-072 ARCHITECTURAL AND SITE APPROVAL PERMIT:)

This style of illuminated bright white signs are not consistent with this description of the development made in Resolution 19-072 ARCHITECTURAL AND SITE APPROVAL PERMIT:
"The building is designed in a contemporary architectural style to emulate an office building. The architectural style is consistent with the adjacent office building uses and residential building. The location, height and materials of walls, fencing, and plantings have been designed to harmonize with adjacent structures." (Resolution 19-072 ARCHITECTURAL AND SITE APPROVAL PERMIT)

No other office building in the neighborhood or in the zone uses such illuminated bright white signs today. And no future use in the zone with office and residential uses will likely use such illuminated bright white signs.

Since the Resolution 19-072 ARCHITECTURAL AND SITE APPROVAL PERMIT was not included in the agenda packet for the Feb. 7, 2023 Council meeting, I was not able to make the above findings at the time.

I would like to know the staff's rationale for not providing such finding above in the staff report.

Perhaps, there are something I missed or misunderstood?

Thanks.

Liang

From: Liang Chao <[email protected]>
Sent: Sunday, March 19, 2023 11:00 AM
To: Pamela Wu <[email protected]>
Cc: Gian Martire <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Luke Connolly <[email protected]>; Christopher Jensen <[email protected]>
Subject: Re: Public Storage and Sign Ordinance

Oh, I realized now that the orange part is the wall so it's not part of the "sign". Although the wall does look like a part of the "sign" to a common version looking at the building.

On the Feb. 7, 2023 agenda packet, the dimensions of the sign and the calculation were not provided. I think they are required according to the CMC as a part of the application for the signs.

I assume the numbers for the area of the signs in the staff report are correct. But please provide the dimensions and calculations.

Thanks!

From: Liang Chao <[email protected]>
Sent: Sunday, March 19, 2023 2:08 AM
To: Pamela Wu <[email protected]>
Cc: Gian Martire <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Luke Connolly <[email protected]>; Christopher Jensen <[email protected]>
Subject: Re: Public Storage and Sign Ordinance

Q3: The area of Sign One seems to be over 525 sqft according to the Plan Set (below) from the Staff Report for the Oct. 11, 2022 Planning Commission meeting. The height is 15 feet (46'-31') and the width is 35 feet (35'10" to be exact from the Plain Set), which is about one third of the frontage of 92'.
=> But the staff report in the Feb. 7, 2023 City Council meeting states Sign One has "52 sq. ft. on a 81-foot frontage"
How is the 52 sqft calculated? Why is the "area" of the sign not over 450 sqft as I have estimated?

Maybe I don't understand the area requirement (below from the staff report). Why does Sign One comply with this requirement?
"1 s.f. per linear ft of store frontage on which sign is located.

Maximum Area = 200 s.f.

Minimum Area = 20 s.f."

Note that this chart (below) was not provided in the agenda packet for the February 7, 2023 Council meeting.

The Oct. 11, 2022 PC agenda packet also include the Plan Set, which shows the exact dimension of Sign One. This Plan Set is NOT included in the Feb. 7 Council meeting packet either.

Q5: For Sign Two, the maximum area should be 930 sqft. The height is 15 feet and the width is 62 feet (62'-8 3/4" to be exact from the Plain Set). But the staff report states the area as "159 sq. ft. on a 324-foot frontage". Why? How is 159 sqft calculated?

Q6: For Sign Three, the maximum area should be 599 sqft. The height is 11.75 feet and the width is 51 feet (51'4" to be exact from the Plain Set). But the staff report states the area as "165 sq. ft. on a 322-foot frontage". Why? How is 165 sqft calculated?

Q7: The staff report for the Feb. 7, 2023 states that "Council’s review of the Planning Commission’s determination is de novo, The Council may affirm or modify the Commission’s decision based on evidence presented at the public hearing, including any evidence in the record."

"De novo is a Latin term that means "anew," "from the beginning," or "afresh." When a court hears a case “de novo,” it is deciding the issues without reference to any legal conclusion or assumption made by the previous court to hear the case." (https://www.law.cornell.edu/wex/de_novo#:~:text=De%20novo%20is%20a%20Latin,court%20 to%20hear%20the%20case.)

=> Since the decision was "de novo", I actually did not look at the agenda packet for the Oct. 11, 2022 Planning Commission meeting since I thought I am supposed to make a decision ONLY BASED ON the evidence presented at the February 7, 2023 meeting. Is that correct?

But the Plan Set was NOT in the agenda packet. As a result, the measurements of the signs were not provided in the "evidence" so that I could realistically calculate the area of the signs. Therefore, it seems there were insufficient evidence provided in the February 7, 2023 Council agenda.

Or the evidence made available to the Council on Feb. 7, 2023 would also include anything presented at the Oct. 11, 2022 Planning Commission? Please clarify the legal requirement for "evidence" for such a quasi-judicial decision.

Thanks,

Liang

From: Liang Chao
Sent: Sunday, March 19, 2023 12:38 AM
To: Pamela Wu <[email protected]>
Cc: Gian Martire <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Luke Connolly <[email protected]>; Christopher Jensen <[email protected]> Subject: Public Storage and Sign Ordinance

Hi,

I thought I owe it to the many residents who wrote to the City Council to spend time to understand the ins and outs of our Sign Ordinance, since I did not spend sufficient time last time to truly study the issue, when I only read the staff report. But I should have read the CMC myself as a policymaker, who adopts such policies.

So, please bear with me as I start from scratch to understand the issue involved, regardless of whether it is related to the reconsideration on Tuesday or not. After I fully understand all the issues, I can then comprehend what exactly is involved with the reconsideration.

Q1. The CMC states "All developments in a commercial, office, industrial, institutional, or residential district, with four or more tenant spaces on the same parcel, shall adopt a comprehensive sign program to encourage creativity and ensure high quality in the design and display of multiple permanent signs.” (CMC 19.104.130.1) and “The adoption of a sign program shall be required at the time of the initial construction of a new project." (CMC 19.104.130.2)
=> Where do I find the “comprehensive sign program”, as required by CMC 19.104.130 to be adopted "at the time of initial construction"?

Q2: In the CMC 19.104.200 Freeway Orientation states, under the column header "Approval Authority", it reads "•Oriented to regular street system adjoining the property rather than exclusively visible from the freeway - CDD" and under the column header "Review Criteria", it reads "•Applies to all signs within 660 ft. of “landscaped freeway” measured from edge of right-of- way"
=> Case 1: Any sign NOT "without 660 ft of landscaped freeway" is NOT a freeway oriented sign, per CMC 19.104.200. Right?
=> Case 2: Any sign "within 660 ft of landscaped freeway" is a freeway oriented sign, per CMC

19.104.200. Right?
=> I am curious why the distance 660 ft was chosen? If any one knows... => I assume that I-280 is a landscaped highway. I am curious whether I-85 is one or not?

=> Case 2.1: For any sign "within 660 ft of landscaped freeway" (thus, a freeway oriented sign), if the sign is "Oriented to regular street system adjoining the property rather than exclusively visible from the freeway - CDD" => Such a freeway-oriented sign shall be approved by CDD, right?

=> Case 2.2: For any sign "within 660 ft of landscaped freeway" (thus, a freeway oriented sign), if the sign is exclusively visible from the freeway => Such a freeway oriented sign shall be approved by PC, right?

Thanks.

Liang

Liang Chao
Council Member
City Council
[email protected]
408-777-3192

From: Jun Nishimura
To: City Council; City Clerk
Subject: Public Storage in Cupertino along Freeway 280
Date: Tuesday, March 21, 2023 4:20:29 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi,
I was informed that a meeting will take place at 18:45 today, 03-21-2023, regarding a huge sign on the wall of the storage which no driver will watch while driving. You should know who will see the sign. The residents nearby.

I live in a condominium facing to Freeway 280. I could see the mountains over the Freeway some time ago. But not any more. A tall building was constructed which is the Public Storage. There were some buildings between the mountains and us. But the new building is higher than the old ones. Now we don’t have scenery to enjoy. Not only that we cannot enjoy the sentry. It’s worse. The storage has windows along the corridor. The corridor has electric lights. Now the lights are visible from my residence at night. Not only it’s lit up at night. The light is kept on even after mid night. I guess the light is kept on for the whole night, every night, all through the year. And I am forced to notice the night every moment I get into the room facing to the storage.

Now I ask you to make a right decision. Please do not agree to put additional sign and lights. That’s for nothing and that will be bad for the residents around. Instead, please force the owner of the storage to cover all the windows of the storage at least. Please try to put your feet onto my shoes. You should imagine how bad it is to witness the storage every day. Please don’t the bad situation worse.

Thank you.

Jun Nishimura
20708 Celeste Circle, Cupertino

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