Written Communications (Updated 5-17-2023) — Cupertino City Council, May 16, 2023

CC 05-16-2023
Written
Communications
Oral
Communications
From: Anne Ezzat
To: Christopher Jensen; City Attorney"s Office; Kirsten Squarcia; City Clerk Subject: Special Meeting Information Clarification
Date: Wednesday, May 10, 2023 7:15:42 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 Mr. Jensen,

I was puzzled by the outcome of the special meeting. It was unclear what Municipal Code Sections were violated that would require a referral to the DA's office for Council Members Moore and Chao. It is also unclear as to what evidence allows the city to make such a referral. Would you be able to provide me with the Municipal Code Citations, as well as the evidence? Would love to see it.

Thank you for your time and attention to this matter.

Regards,

Brooke Ezzat

Kirsten, could you please make sure that this email is entered into the public record for the next Regular Council Meeting on May 16th. Thank you!
From: Kevin Yu
To: City Council
Subject: 7573 Prospect Rd Concern
Date: Monday, May 15, 2023 2:30:11 PM
Attachments: Kevin Yu - 7561 Prospect Rd..docx
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.

To whom it may concern,
It has come to my attention that on May 16th there will be a hearing concerning my adjacent neighbor Todd Hutching and the state of his property at 7573 Prospect Rd. Unfortunately, I will not be able to attend the hearing, but I have attached a word document expressing my concerns.

Thank you.

Kevin
Cupertino Mayor Wei & Cupertino City Council Members City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
April 14, 2023
7573 Prospect Rd (owner Todd Hutchings)
Dear Mayor Wei and Cupertino City Council Members,
I am writing to you on behalf of my parents, who are the owners of the adjacent property (7561 Prospect), regarding a troubled individual in our neighborhood who is in need of immediate help.

Since moving into his property, Todd Hutchings has caused nothing but destruction to his surrounding environment and has stolen the peace of mind of everyone in the neighborhood within earshot. My parents, who have enjoyed the peaceful neighborhood for the past 40 years have expressed to me how they now feel unsafe in their own home due to the excessive shouting of profanities, screaming, and hostile behavior displayed by Mr. Hutchings. It is evident that Mr. Hutchings is suffering from clear and undeniable mental illness.

Initially, I attempted to reach out to Mr. Hutchings to discuss his disruptive behavior and the deteriorating condition of his property. However, each time I approached him while he was in his front yard, I was met with dismissive and increasingly aggressive responses. After several failed attempts to engage in a productive conversation, I reluctantly abandoned my efforts, realizing that communicating with Mr. Hutchings would be fruitless, if not bring harm to myself.

Over the past few years, we have witnessed the progressive destruction of Mr. Hutchings' own property. Torn up driveway, the poor installation of unsightly fences, and a neglected front yard are just a few things on the list of damages he has done to his place. He constructed a fence between our properties without seeking any kind of approval or consultation. In the process, he covered a portion of our front yard with dirt. Moreover, we frequently discovered scraps of construction waste and other trash thrown over his fence into our yard. Fearful of provoking his violent outbursts, my parents refrained from filing any complaints.

The City of Cupertino issued a Red Tag Order on Mr. Hutchings' property some time ago, which should have prohibited him from residing there. However, I have personally witnessed him in the area and heard him yelling from within his house in the past month. If the City fails to enforce its own orders, to whom can we turn for help?
Furthermore, Mr. Hutchings has made illegal structural alterations to the garage, which is the closest adjacent structure to our property. Should this structure fail and damage our property, will the City accept responsibility for not enforcing its order and preventing further destruction? I have observed Mr. Hutchings' sister visiting on a few occasions to help him repair his house to meet the required standards. I even spoke with them once to gauge their efforts in getting him the help he needs.

Unfortunately, it seemed as though they were resigned to the fact that he refuses any assistance. If his own family is unable to help him, who can we rely on for assistance? I kindly request that Cupertino Code Enforcement enforce code section CMC 1.12.010 and impose the maximum fine of $1000 per occurrence, as well as consider jail time of up to six months. Additionally, I urge the Cupertino City Attorney to initiate proceedings for the involuntary sale of the property, as previously mentioned in their respective letters.

Mr. Hutchings should not be faulted for his mental illness, but he must be held accountable for the harm he has caused to the neighborhood and the emotional distress he has inflicted on those around him. It is evident that he is unable to address these problems independently and requires the City of Cupertino to intervene with a solution. A mandatory mental health treatment plea in response to his criminal complaint will help Mr. Hutchings to obtain the help he desperately needs. Without such intervention, Mr. Hutchings poses a significant risk, and it is not a matter of if but when he will harm someone in his vicinity. If there is even a chance to prevent such an incident and provide him with the necessary help he needs, the City should exert every effort to make it happen.

Thank you for your attention to this matter.

Kevin Yu
7561 Prospect Rd.

Cupertino, CA 95014
(408)568-9939
Steve Kelly
DRE#01100262
May 15th, 2023
RE: 7573 Prospect Road (Todd Hutchings)
Attn: Mayor Wei & City Council Members
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
Dear Mayor & Council Members,
rTehSeldCeondCeeSEnafSokrlncgemfoernt deaedlian:e aCttoido . AM/saO, altSta2COh2ed af roertMher.SHaunttcahCinlagrsa. ACtotaunchtyedShaerrelffalrletphOe,IetatenrdsSfraonmtasPuOrrllr3ceunding complaint documenting repeated problems & threats from Mr. Hutchings. Further, Ihave attached a copy of the Cupertino City Attorneys letter stating the property has been a public nuisance and after 5 years Involuntary Sale can occur that was 10-21-2021!All the affected neighbors are asking that Cupertino's attorneylr@eedlwit4 j/11,1;1@4g/(t,Bi 4 fHr%fqJd Finally, as per The Code Enforcement letter dated 10-25-2021 the City of Cupertino can impose §IOOO per code viojation and up to 6 months in the county jail. Again, All the affected neighbors are asking The City of Cupertino to fine and prosecute Mr. Hutchings since this is the only way for him to get6 Jqgal%4hzqi;it@gBlunrierthreatoHaiitime. Hheagreestotreatmemhave(ormas-aascomptetea byaPhysicianoraPsychologistsoAdultProtectiveServicescanappointaconservatorsinceMr. Hutchingsis clearly mentally impaired!
Stay Ha Healthy,
Steve
(408) 482-0318
[email protected]
Silicon ValJey Properties i WWW.SteveKellyBtoket.com
3093 Forbes Ave i Santa CJara, CA 95051 i408.482.03181svproperties@,att.net Cupertino Mayor & City Council Members
City of Cupertino
103 Torre Ave
Cupertino, CA 95014
March 26th, 2023
RE: 7573 Prospect Road aka Todd Hutchings
Dear Mayor & City Council Members,
jam writing to you because Todd Hutchings is still residing at 7573 Prospect Road in Cupertino in violation of Cupertino Code Enforcement- Red Tag order.

He has destroyed his own home and created repeated hazards for neighbors just walking on the sidewalk. He continues to burn garbage in the fireplace and has acted in a threatening / aggressive manner towards his neighbors. Santa Clara County Sheriff has responded over40 times since he moved in!His sister said "Todd does need mental health treatment. Unfortunately, he refuses all help!" Todd's sister is aware of the California Cares Act but has refused to get him forcibly treated.

It is for these reasons that we have asked forsevere and immediate action to be taken after the Cupertino Code enforcement deadline date of May 15fh, 2023.

Now, as to what can be done Ist all surrounding neighbors would ask that Cupertjno Code Enforcement levy the maximum 51000 fine peroccurrence and jail time up to (6) months as per code section (CMC 1.12.010) as stated in its letter dated 10-25-2021 (see attached letter). Next surrounding neighbors are expecting the Cupertino City Attorney to proceed with an Involuntary sale of the property as per their letter dated October2l, 2021 (see attached letter).

In summary, the owner Todd Hutchings has multiple repeated code violations. He is hostile & delusional. He is clearly unable to fix the issues and is a threat to the neighborhood. Mr.

Hutchings personally needs mental health treatment and appropriate medication. Filing a criminal complaint against him should result in a negotiated plea that requires mandatory mental health treatment. This should greatly reduce the chances of him hurting anyone in the neighborhood.

Sincerely,
Steve Kelly
[email protected]
408A82-0318
May 9, 2023
Cupertino Mayor Wei
Cupertino City Council Members
10300 Torres Avenue
Cupertino, CA 95014
RE: Residence at 7573 Prospect Road, Cupertino
Owner: Todd Hutchings
Dear Mayor Wei and City Council Members:

My name is Denise Gantt and my parents, Arlene and Don Rosenbaum, live at 7633 Prospect Road.

I am writing on behalf of my parents regarding an incident that occurred on January 27, 2023 just after 11:00 pm, in which I was awaken to witness a naked man screatning/yelling while running down the middle of the eastbound lane of Prospect Road in a westerly direction. A car fo rtunately stopped and pulled over a'fter they allowed him to pass, I atn assuming to call 911.

When I discussed this the following morning with my parents, giving a description of the man, it was apparent that it was Mr. Hutching.

From what I can tell from the file my father kept regarding this property, Mr. Hutching has been in violation of many enforcement codes and complaints at least since 2017.

The horrible condition of the property, the safety issue of the sidewalk in front of the residence, as well as Mr. Hutchings erratic, aggressive and threatening behavior including; screaming and yelling is cause for concern for the safety of all the neighbors surrounding his property.

I am aware that the property at 7573 Prospect Road is in violation of a Cupertino Code Enforcement Red Tag Order. Mr. Hutching is still present at this property even though it has been red tagged. The Santa Clara County Sheriff has responded over 40 times since Mr.

Hutching has moved onto the property in 2015. It is apparent that Mr. Hutchings is in need of mental health treatment and is refusing this help. His sister is aware of the California Cares Act and has refused to get him the treatment he needs.

It is for the above reasons that we are joining our neighbors in asking for severe and immediate action to be taken after the Cupertino Code enforcement deadline date of May 15, 2023. We are asking Cupertino Code Enforcement levy the maximum $1,000.00 fine per occurrence and jail time up to six months as per code section (CMC1.12.010) as stated in its letter dated T or r\ o u-e r
October 25, 2021. We are also expecting the Cupertino Attorney to proceed with an Involuntary sale of the property as per their letter dated October 21, 2021.

Mr. Hutching has many code violations, he is a threat to his neighbors, and he is unable and unwilling to fix the issues of the code violations. Mr. Hutching needs mental health treatment and filing a c riminal complaint against him should result in a negotiated plea that requires mandatory mental health treatment. This would result in Mr. Hutching in attaining the required medical help he most needs.

I feel that it is time that Mr. Hutching no longer suffer with his mental illness that could result in a more tragic incident and help the neighborhood feel safe again after 8 years. Thank you for your attention to this matter.

Sincerely,
Denise Gantt
805-345-1445
[email protected]
Arlene Rosenbaum
408-497-0057
[email protected]
7564 Barzffiart Place
Cupeo, CA 95014
April 25, 2023
Cupemno Mayot Hung Wei & City Council Membets
City of Cupettino
10300 Torre Avenue
Cupertino, CA 95014
Re: 7573 Ptospect Road aka Todd Hutchings
Dear Mayot Hung Wei & City Council Members:

As a close neighbot to Todd Hutchings (my house is almost behind Todd's house), I'm wtiting to you to exptess my deep concerns about Todd's actions and comments. Ever since he moved into this house, he has yelled (loudly), sworn (loudly) in tbteatening language. His tmo dogs were continually barking loudly.

One Saturday morning (appr. 10 a.m.), I was vacuuming my back patio (with a shop vac.) for appr. 10 mins. (patio had many leaves/debtis). When I was done, Todd yelled to me, <THAT'S TOO LOUD!!' Another Satutday motning, one of his dogs leaped over our back fence into my backyard and started batking loudly, nxnning back and forth and around to the side. My cats and I were TERRIFIED of this dog. I called Animal Conttol, and a man came to take away the dog (thankfully).

Many times I have smelled smoke (coming from his house), like someone was butning paper in his fireplace. I was featful that the hot embets floating atound might land on someone's toof and statt a fite.

At least two or three times Todd has tbtown small pieces of wood ot metal over the fence into my backyatd. (I showed my next-doot neighbor one of these pieces.) A couple years ago, I visited with a neighbor on Prospect Road who was Very familiar with Todd's actions/yells. He said that one of Todd's close neighbors watched Todd load up the back of his pickup ttuck with consttuction materials. The next morning, his ttuck was empty. He concluded that Todd had dumped the stuff beside a highway (or somewhere).

I don't cate what happens to Todd's house. Most impottantly, Pm requesting some way to prohibit Todd from ever living there again, I've lived IN FEAR FOR MY LIFE for too long, while Todd lived in that house.

Respectfully,
9, M.

Judy Harrison
HmPh: (408) 446-2084
Email: [email protected]
To whom it may concern,
RE: 7573 Prospect Rd
I am the backdoor neighbor of above property. This neighbor has had very erratic, behavior since he moved in. We have been subject to yelling screaming in the early morning hours. Also, he has walked the neighborhood (on Barnhart PI, yelling loudly). I am not quite sure what he is saying or why he is doing that.

He once had 2 dogs that barked at all hours of the day. Not sure if he was starving them or what.

I once found a plastic bag filled w poop in my backyard. I cannot say that he threw it because I did not see him, but I suspect him. Also, one time I found a paper coffee cup that was thrown at my plant in a planter. A branch got broken off. Again, I cannot say that he did it, but I suspect him. My side gate is locked so no one can enter my yard from the front side.

He yells and screams at all hours of the day, but when I have company over during the day, I can hear him over the fence saying "quiet, too loud." I had company over during the summer and we were talking in the backyard (normal conversation). I could hear him saying "too loud, keep quiet." Once, he jumped his fence (my property is 4 feet below), got into my next-door neighbor's yard, walked through his side gate to Hoover Park. He got caught because Runping's next-door neighbor was outside and saw him exiting my neighbor's side gate. Rumping's camera security camera caught him. My neighbor and his next-door neighbor thought he got in from my side gate and jumped the fence from my side into Runping's yard. No, I have my side gate locked.

I was having my fence repaired between me and Runping"s property. It was a Sunday. I was not home because I had to attend a local conference. I got home later; the fence work was not completed. I found out later that he yelled or complained about the noise (this was during the day), not early morn. He scared my contractor so that he quit working on the fence. My contractor came back on Monday, and finished the work, but any board sawing was done in my side yard, towards the front of the house. We did not hear any complaints from him on Monday.

If you look at the records, I have never filed a complaint about him. Mostly because of his erratic behavior and who knew what he would do to retaliate. I do not condone his behavior. Ifind his behavior strange and completely out of the norm. I do not consider him a good neighbor. How would you like to have him as your neighbor? I do not think you would. But you are forcing us to live next to him, while he is also destroying the property.

I heard from sources that he is modifying the property without a permit.

I really think something needs to be done both for the property and to protect neighbors surrounding the property. I really think that if he is allowed to stay in the home, someone should always stay with him. Mostly because I think he is getting worse and you do not know what he will do next.

I ask that you enforce the code violations and fine him. He really needs mental health counseling. If he does not comply with fixing the code violations, then institute an involuntary sale.

Kathy Yokota
7576 Barnhart PI
Cupertino Mayor Wei & Cupertino City Council Members City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
April 14, 2023
7573 Prospect Rd (owner Todd Hutchings)
Dear Mayor Wei and Cupertino City Council Members,
I am writing to you on behalf of my parents, who are the owners of the adjacent property (7561 Prospect), regarding a troubled individual in our neighborhood who is in need of immediate help.

Unfortunately, it seemed as though they were resigned to the fact that he refuses any assistance. If his own family is unable to help him, who can we rely on for assistance? I kindly request that Cupertino Code Enforcement enforce code section CMC 1.12.010 and impose the maximum fine of SIOOO per occurrence, as well as consider jail time of up to six months. Additionally, I urge the Cupertino City Attorney to initiate proceedings for the involuntary sale of the property, as previously mentioned in their respective letters.

Thank you for your attention to this matter.

Kevin Yu
7561 Prospect Rd.

Cupertino, CA 95014
(408)568-9939
7588 Barnhart Place
Cupertino, CA 95m4
May 9, 2023
Cupertino Mayor Hung Wei and City Council Members City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: 7573 Prospect Road aka Todd Hutchings
Dear Mayor Hung Wei and City Council Members:

As a close neighbor to Todd Hutchings (my house is slightly west/behind Todd's house), I'm writing to you to explain my serious concerns about Todd's actions. He has yelled and sworn foudJy in threatening language, in numerous occasions, at different times of day, like early evening, late night, very early in the morning (4 or 5 o'clock). His loud yells created a very fearful atmosphere and impacted our liTe quality significantly. We are very concerned with what Todd may decide to do next. I'm requesting the city to take some actions to prevent this kind of things from happening again, and to help restore peace for our neighborhood.

Sincerely,
Runping Qi
mail: [email protected]
RE:7573 Prospect Road (Owner Todd Hutchings)
Dear Mayor Hung Wei & City Councit Members:

My name is Gary Wipfler. My mother and father, Anne Wipfler and Herb Wipffer (deceased), lived at 7585 Prospect Road from October 1972 until March 2022. My mom and dad were proud to be part of this community for decades. I recall fondly growing up in Cupertino, I played basketball, ran track, and was good student at Monta Vista High School (graduated 1977), I went on to University of Washington on a track scholarship, excelled, and graduated 1981, came home found a job at Kaiser Electronics, went to graduate school at University of Santa Clara, and then worked for 35 years at Apple Inc, the last 24 years as Apple's VP & Corporate Treasurer (retired act. 202a)).

In the last few years when I visited my parents, less and less were the conversations about celebrations of life. Instead, the conversation turned to the situation that was manifesting next door and the apparent Cupertino community apathy to address the deteriorating situation. ('m sure that city records show my father and others tried to address this situation for years.

I eventually persuade my parents to allow me to move them to senior living and at least distract them from the situation. No one should have to deal with such a situation and the City of Cupertino should have enforced the municipal code at that time to stop the problem.

More recently, I have been more closely dealing with my parent's estate and I have witnessed up close the stress and angst that Mr. Hutchings has caused my parents and to the neighbors and community. I have observed his volatile behavior, expressions of unpredictable rage and episodes of f-bombs that clearly impart hostility. I had real concerns for my safety and my neighbors. The mental illness of Mr. Hutchings is unfortunate. He should seek help and make better an unlucky hand in life.

Anyone wanting to sell or rent a home in this neighborhood must disclose the situation to a possible renter or buyer. This will naturally detract and frighten prospective renters and buyers from buying or renting my parents' home. The proceeds from renting or selling the home are needed for my mother's long-term care.

In summary, the house next door is clearly red tagged and a hazard. The neighbor is regularly present and a nuisance, in violation of the municipal code. The surrounding neighbors are raising their voices and their concerns. My father was an older man, and his voice may have not been loud enough. I will raise my voice for him and the neighbors and ask that fines be levied, charges filed, and an involuntary sale occur.

Sincerely,
Gary Wipfler
7585 Prospect Rd
Cupertino, CA 95014
5/12/23, 2:38 PM Gmail - 7573 Prospect Road (Red-tagged home) M Gmail
7573 Prospect Road (Red-tagged home)
1 message
Paula Ensign <[email protected]>
To: [email protected], [email protected], [email protected] I am writing to express my concern and frustration with the neighbor living directly across the street from me at the subject address. Specifically, I am requesting that after almost 8 years of numerous complaints of code violations that immediate action be taken to involuntarily sell the subject property.

The years of deterioration of the property has resulted in a blight on the neighborhood. This cannot and should not be allowed to continue any longer.

The time for action is now.

Sincerely,
Paula Ensign
20834 Prospect Road
Saratoga, CA 95070
Tel: 408 828-6971
Steve Kelly <[email protected]>
Fri, May 12, 2023 at 10:59 AM
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On O'm&/"8, at 1065 hours, the vidim mlled SCPD to report the suspect (Todd Hutchings) has tmen calling his oell phone again and has been rnaking threats to him. I made oontactmth the victim at his house and obtained his statement.
8TjmMENT OF VICTINI 8TEVE KELLY:

The vicflm told me tha pnorto the recent harassing phone calls he has not had any oontact with the suspect since 01/23/18.

The victim said on Wednesday 02/21/18 he began receMng calls from the suspect again. The vk,tim said the suspad wlled him 5 times on Wednesday, 02/21/18, between 0347 and 0443 hours and wlled him 3 times on Friday, 02/23/18, bsitween 0307 and 0313 hours. The vidim said on Friday, 02/23/18, the vldim wiled the auspect and told him ha was going to wll the polm ff he did not stop wlling him. The victim said he has not raoelved any wlm fmm the auaped slnoe he called him back and told him he was calling police.

The vidim said he has programmed his phone so thatwhen the suspect calls it goes straight to voioe mail. The victim said he Is unable to blockthe suspect's phone number oomplete§ unless he pays extna fees to his service provider.

The victim said the suspect mostly rambles on the phone and accuses him ofowing him money fmm a previous mor"nn eesytatwheictnah hnesata'hirnokns' TheheoWvi:imhlmsaid the sue eat has made threats to beat him u if he does not aTyhheimw.cthilem- fearful of his safety because the suspect's behavior and delusions seem to be getting worse. The victim said in his rants he oflen talks about people being out to get him. The vit,tim fears what he may do If he gains a to any weapons and he feels he Is the type of person who should be bannsd from purchasing a firearm due to his delualonal and irrational behavior. I asked the vidim if he has ever seen the suspect wnh any firearms or if the suspect has ever made any threats to uae a firearm on anyone. The victim said he has never seen the suspect with firearms nor has he made any threats to use firsarms. The victim said in past messages the suspect has mentioned that he has oorne by the victim's house. The victim said he has not recently seen him come by his houae.

The victim said he stHl wants to press charges against the auspeat forthe annoying and harassing phone wlls.The victim said he wishea to obtain a reatralning order agalnat the suspect. !VID!NC!:

The vk,tim showed me the recent phone messages on his phone from the suspect and played them for me. The R-ep-ail-Offlt,-or--- -- ----- ----- --- --- - --
BS790/PA!'R:1(JA BOTaR8 I '(":7(':-/-20-23- 0-7 :53 - -l , P_ age 1 off' 2 4/9/2023 - W48 - Steve Kelly
18-552
Suppk.ment No
0001

SANTA CLARA POLICE DEPT
ki
suspect called the victim at the following times listed below.

Wednesday 02/21/18
-0347 hours (2 minute and 38 second message).
-0354 hours (2 minute and 17 second message).
-0427 hours (1 minute and 25 second message).
-0431 hours (2 minute and 59 second message).
-0433 hours (1 minute and 9 second message).

Friday 02/23/18
-0307 hours (1 minute and 18 minute message).
-0309 hours (4f second message)
-0313 hours (2 minute message)
In all of the messages the suspect is rambling and it is difficult to make sense of what he is saying. He calls the victim by name and tells the victim he owes him money and threatens to sue the victim if he does not pay him the money he owes him. The suspect also tells the victim he is going to "kick his ass" and that he will have to "face the consequences" if he does not pay him the money he owes. In the messages the suspect is also rambling about an altercation he has had with other people who have attacked him and who are trying to "kill" him, The victim said he will work on saving all the voice messages onto a CD or other drive so we can have it as evidence. He will call SCPD when the evidence is ready for pickup.

FOLLOW UP:

On 02/26/'18, at about 1440 hours, I called the suspect on his cell phone and spoke with him. I recorded my phone conversation with him using my BWC.

NFI
IBR ;y'g"o7pxrazczu BOWERS E7S;/2023 07:53
I

Page 2 of 2 ends

4/9/2023 - W48 - Steve Kelly
18-562
auppl*marit No
ORC@

SANTA CLARA POLICE DEPT
sot mat z
Natumof €iall
ozaoao am
(408) 615-4700
%pormd Dahb
01/17/20!a
Offlar
HARRY A!)Jt,:t
A@biicy RbportNO Su-pplfiThsnlNo R=portetl-Dh-ki Reipoitea-T'i-m-e 8)ahih orchlt
Locabn -City -ZoFh Arsa
3093 FORB18 AV- 8MT-A CW- 022 01
FroniDale FmmTime ToDabe Tonme Offi(.er
Assigrimerit ffiri)snsdby Ashignmerit RM8ThanMer i -Pmpj-ranaStfit PATROIi !'RAM- 3B A7- 891 PA-'J'-Ran ?mAM 3B 8-uaa*ssfu-1 Su-o-eiessfui Appr5Vihgomer Appi'ovalDemi Apprtivalllme
R3910 01/23/2018 19203:26
Offsikesltfflsnse ohbenpileiri Complairilry
Ihv1
BU8
Irivl
VIC
InVI No
i
I+1VI No
1 TYfl(l
I
8ClD
EiCID DOB
Between 10/15/2017 and 01/14/2018, the violation ofPC 663m(A), owrmd at 3093 Forbasi Avenue in the city and oounty of Santa Clara. The suspeat had been mling the vk$m approximately two to thm times a during the late riights and early momings. The susped had told the vldm that he owed him money. The siuaped had also threatened the vkJiwith lawaub. The suspedtofd the vidim he was outside ofthe vidm'a house and this muam the vJmto be in fear. The vk4mcalml the iuaped and told him to stop mlling. The vmm dealrad pmsgutlon. The suspedwai #aiown and was stil at large.

BWCwaa activated and upkiaded.
i Rspeirt Officer
I _A7B_917_RARR_\_At)_al_I __ _ _ _ __ _ _ _ _ __l
PTl+il@d At
_04_/09_/,?0_2_3 0_7:53_______
I
, ?4_g__e_ __l_of' 3 _ _ _ __
4/9/2023 - W48 - Steve Kelly

SANTA CLARA POLICE DEPT
18-652
Supplement No
ORIG
8U8Pla!' I
€W-
all
Indiv.tduil HU'!CHRGa,'!ODD
I-uve-nileT Nal-gti-1- - - We-Ight aeiki-r -Go-lFr PRN
!58 No 6'00" 175# BLONDE aLt7!, 476634
HW 1513 ?RO8PJ!1(,!' RD
Oat6
ox/i'i7aoxa
DRIV)Re LX(a?8m
CILLtTLAR
Date
rAT.'nfflWTA
(J!lN'OmlA
01 /17/2018 CJ!LLUla
'VEffM I Individual !aalJaYi8TJJH!!'N
008 %e Helghl Welghi HakColo-r EyeC,olv PRN
55 No € 'OO" 195# BROW ALUM 476635
Date
01/17/2018
DRffii!fflLl €J'Nal mll'OMlA
01/17/2018
WHli 5
CAlilKaRNlA
lusinaia
PHOa €,A!L8
NARRATIVE:

On 01/17/2018 at approximately 1335 hours, I responded to the SCPD lobby (601 EI Camino Real - Santa Clara) forthe report of a prior harassing and annoying phone call. I arrived at the SCPD lobby and met mth Stephen Kelly. I escorted Kelly to an interview room on the firstfloor. Kelly provided me with the folfomng statement. Refer to my BWC for his verbatim statement.

STATEMENT OF VICTIM KELIY:

Kelly had a friend from high school whom he identified as Todd Hutchings. Their families knew each other and they were good friends. Kel§ was a realtorfor Intero Real Estate. While he worked for Intero Real Estate, he asslsted Hutchlngs in finding a home. Hutdiinga wanted to buy a home that needed to be renovated. Hutchings would buy the home, renovated it, and then tried to sell it for a profit.

Around February of 2015, he had been receiving phone calls from Hutchings. Hutchings did not sound as ff he wwaass oufairnigghmtmarinljuda,nbautaKnedllymeigthnaomredphtehe mphinoenae wlls and an statement Hutchin s made. He believed Hutchings In May of 2016, Hutchings called him and made threats to "Tuck him up." Hutchings also made the same threat to Kelly's co-worker, Jenny Ahn. At this point, the phone wlls were occurring approximately twice a week. caT"hde l*anwderean'urwamanafwe1hlslfalsresu:6ack m Ilated address in Cupertino.

Law enforoement also told Hutchings to stop
During the fall of laatyearthe phone calls were becoming more frequent. Hutchings would wfl appmximately 2 or 3 times a week. He said Hutchings would call in the late nkiht and early mornings. Hutchings would qll 3 times Repo-n Offloer
A7891/RARRY AJ),7!,1 1::7S'9/2023 07:53 -
l-

Page 2 ends

4/9/2023 - W48 - Steve Kelly
18-552
Supplement No
ORIG

SANTA CLARA POLICE DEPT
within in a certain time frame. The first time Hutchings would call and then hang up. The second time Hutchings would leave a voice message. The third time Hutchings would call and then hang up. He pointed out one of his issues was the time of the calls, which was late night and early morning.

The voice messages would consist of Hutchings making legal threats and asking for money. In one of the voice messages, Hutchings claimed he was outside of Kelly's home.

In October of 2017, he called Hutchings 3 times via cell phone. Hutchings finally answered the phone and Kelly told him to stop calling.

Even though Kelly called Hutchings via cell phone and told him to stop calling, Hutchings continued to call Kelly's phone. The phone calls continued into January of 20j8. Kelly decided to report this incident, because Hutchings called him 10 times and left a voice message each time the night prior.

During the interview, I asked Kelly how may I assist him in a this issue. I also asked if he was in fear for his life or if he took Hutchings' comments/threats seriously.

He stated he believed this was the only way to get him help. again asked him if he felt in fear for his life. He responded with something to the effect of, "I'm in fear that he will assault me." Kelly desired prosecution
INVESTIGATION:

Kelly played some of the voice messages from Hutchings. I heard Hutchings make legal threats and stating Kelly was in trouble. Hutchings also referred to a deal that went wrong between himself and Kelly. I also was not able to hear everything Hutchings stated, because he often slurred his speech.

Kelly gave me Hutchings phone number . I called Hutchings via cell phone, but he did not answer the phone. I leff him a voicemail stating he needed to stop calling Kelly.

I provided Kelly with a case card with my e-mail address. I asked him to send me the voice messages.

On O"l/18/2018 and Of/!9/2018, Kelly provided me with the voice messages. Unfortunately due to the format of the voice messages, I was not able to listen to them. I asked Kelly via e-mail to provide me with the voice messages in a different format.

Kelly also provided me with call logs and he typed out portions of the voice messages he thought were pertinent. I attached this paperwork to this report.

On 01/23/2018 at approximately 0730 hours, I spoke to Ke(ly via phone call and he informed me Hutchings has not called him since he came to SCPD.

EVIDENCE.

I uploaded my BWC into evidence.

NFI.

Report Officer
A7891/HARRY ADIJEI
i Piinted At
'04/09/2023 07:53 Page 3 of 3

CUPERTINO
OFFICE OF COD! ENFORCEMENT

COMMUNITY DEVELOPMENT DEPARTMENT

CITY HALL
10300 TORRE AVENUE - CUPERTINO, CA 95014
TELEPHONE: (408) 777-3182 - FAX: (408) 777-3333

PRE-CIT ATION NOTICE
April 13, 2023
Hutchings, Todd A.
c/o Todd Hutchings
7573 Prospect Rd.

Cupertino, CA 95G14
Re: Violations at 7573 Prospect Road Cupertino - APN: 366 24 034 Case #: 23-000304
De.ar Property Owners,
The City of Cupertino has been in contact with you concerning conditions being maintained at the above listed property, which constitute violations of the Cupe;rtino MunicipalCode(C%IC). Youwereissuedp,tc**.qf.V#ei!ffi.Sn(ffi09717X2020,' 11/la7/2020,8 mffltlon-10/25/202'l. TiieCityhasdoneitsparttoworkwithyou,yetthepropertycontinues Qa'y =l -
to be in violation. The violations pending are as follows:

Piige I of 4
substandard. Cease using and/or occupying any and all portions of the dwelling intil a Building Permit and a passiitg fiiial inspection are obtained. The structure(s) needs to be made safe arid habitable before occupancy is autl"iorized.
1997 Uniform Code for the Abatement of Da_ngerous Buildings § 302 (15) - Dai'igerous Building.

Violation: VVhenever a briilding or strricture, rised or intended to be rised for dwelling prtrposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, iiiadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, tutfit for liuman habitation or in such a conditioxi that is likely to cause sidmess or disease.

Corrective
Action:

Secure the property from unauthorized entry. Cease any use or occupation of tlie dangerous building. Obtain the proper Building Permits to either remove and/or repair the damaged and deteriorated stru_ctu_re(s_). __ 1997 Uniform Co- de for the Abatement of Daiigeroris Buildings § 302 (18) - Dangerous :Building.
' Violation: Whenever any portion of a building or structure remains on a site after tlie demolition or destruction of the building or structure or whenever any briilding or structure is abandoned for a period in excess of six months so as to constihite srich buildii"ig or portion tbereof an att_ractive nuisance or hazard to the public.

Corrective
Action:

Obtain the proper Building Permits to either remove and/or repair the Hiama5ed an_d deter_iorated structure(s). __
CMC f§ 16.80.040 - Placards. (3) Unsafe - Do not enter or occupy.

Violation: Red=Tag/Unsafe Placard was posted on 08/04/2020 and 03/07/2023. No further use or work may take place until proper permits have been obtained.

Corrective
Action:

Do not remove the placard. Placard is not to be removed, altered or covered tntil done so by tlie Buildiiig Official or t_heir designee. Do not re- occu_py 'the, structure intil tl"ie placard is.l.awfully removed.

Cnliforrxiri Resideiitinl Code (C.RC). https:/lup.codeslviewerlcalifor>tiajirc-20l81chaliterll1 Cu7wtiuo Municilml Code, https:/lcodelibrnr3r.rtndega(.condcodeslcupertirtollatest/cuperti>yo ca/0-0-0-78624 The municipal code intends to liromote the liealtl"i, safety, and welfare of persons in Cupertino and to protect neighborhoods against blight conditions that contribute to ffie dowitgrading of neighborhood aesthetics aiid property values, The aforementioned municipal code sections make it unlawful and a priblic nuisaiice to keep or maintain such conditions as listed above.

Monday"',M'aya""15"as'erhe;ivnespalelcvihoonlaotifon"secoprrrOepcteerd'by"thlla't'daete.PIFaaceiluorne toord'o'seor

Page 3 of 4 ends

CUPERTINO

CITY HALL
10300 TORRE AVENUE- CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3195 - FAX: (408) 777- 3366
EMAIL: CITY [email protected]
Via Hand Delivery
Todd A. Hutd"igs
7573 Prospect Road
Cupertino, CA 95014-5242
Re: 7573 Prospect Road, Cupertino (APN 366-24-034) Dear Mr. Hutags:

I write regarding your property located at 7573 Prospect Road in Cupertino. This letter serves as further notice that your property remains a public nuisance and continues to present a danger to public health and safety. The City of Cupertino win avail itself of all available remedies to eliminate longstanding nuisance and substandard conditions at your property unless you develop a plan to come :o 54mpliance with all applicable We request a meeting with you at the earliest possible date, and not later than ,,292021 to discuss your compliance plan. We encourage you to bring an attorney or another representative with you to the meeting.

1. Summary of Code Violations
Code compliance issues at your proper'ty have dated to at least 2016. Since that time, the City has issued 21 administrative citations as a result of multiple code violations at the property, primarily related to blight conditions and in"ipermitted construction. These citations are attached as Exhibit 1. Unpaid administrative penalties currently total 1 7573 Prospect Road, Cupertino, CA (APN 366-24-034) October 21, 2021

Page 2 ends

$32,237.85. Your property has also been subject to an enforcement action by San Jose Animal Care & Services, and the Santa Clara County Fire District has responded due to illegal trash burning in your fireplace.

The most recently observed violations on your propemy arise from the condition of your front yard and debris left in the City park strip, within the public right-of-way, On September 9, 2021, Code Enforcement posted a notice and order to abate the nuisance condition in the public right-of-way. Abatement work was subsequently performed by the Public Works Department on September 20, 202L You will be required to reimburse the City for this work, and further work conducted by the City in your public right-of- way will be similarly *arged to you and your property.

On September 30, 2021, Code Enforcement viewed your property and observed the accumulation of various types of debris and litter, unpermitted constnuction, a lack of ground cover on the front yard, and two vehicles parked on the dirt front yard. On October 4, 2021, Code Enforcement issued a notice and order to abate these nuisance conditions. (.)
In addition, the home of your property has twice been "red-tagged" as unfit for human habitation under Califomia HeaIth and Safety Code section 172920.3. On October 20, 2021, the Building Official issued an amended order to repair or rehabffitate substandard conditions on your property prior to occupancy. (.) That order remains in effect. Enteg the home in violation of the order is punishable by up to six months imprisonment under Penal Code section 419. :u6ai.Vjglati6nsMay.ResuliintheIn'tolixntai9-Fate ofYour-Praperty.-'Ja- i,pracedirrg-'dismsgi6n-shows, the-City has documentedandcffi prove that your - f=. s'abstmdard,
City has given you five years to address the nuisance and substandard conditions on your properFy. Because you have not done so, the City is compelled to avail itself of all available legal remedies to compel you to address them, including:
* The City has referred your unpaid administrative penalties for collection by the State Franchise Tax Board.
7573 Prospect Road, Cupertino, CA (APN 366-24-034) October 21, 2021

Page 3 ends

* The City will seek an abatement warrant to enter your property to correct any unabated nuisance conditions and will impose a tax lien on your property to collect the cost of abatement incurred by the City. * The City will refer any observed unlawful entry into the red-tagged structure to the Sherriff and District Attomey for arrest and/or criminal prosecution. @ The City will request the appointment of receiver to take control of the property.

The receiver will remove you from the property, correct the substandard conditions, and likely sell the property to recover the costs of the receivership.

You may lose yourproperty if you do rtot act immediately to correct these substartdard cortditions.

3. Request for Meeting to Develop Compliance Plan
The consequences of your continued failure to address protracted nuisance and substandard conditions on your property will be dire: you are likely to lose your property through an involuntary saIe, with no guarantee that you wilI receive any or most of the sale proceeds. A plan to develop a long-term solution to address repeated and ongoing code violations on your property is a necessary step to avoiding that outcome.

We request to meet with you as soon as possible to discuss a compliance plan. We encourage you to bring an attorney or other representative to the meeting to facilitate our discussion. Please contact me at (408) 630-0674 or [email protected], so that we can meet as soon as possible (and no later than October 29, 2021) to discuss how to resolve your Iongstanding noncompliance with the MunicipaI Code and applicable building standards
Sincerely,
c.X.

Christ6pher D. Jensen
City Attomey
CC:
(via email)
Greg Larson, Interim City Manager
Dianne Thompson, Assistant City Manager
Ben Fu, Community Development Director
POTENTIAL FURTHER ENFORCEME!SJT ACTION
It is unlawful for any person to perform any act that ts prohibited, made or declared to be unlawful or an offense by the code, or to violate any provision or fail to comply with any of the requirements of the code. Your continued failure to correct the violation(s) by the complianv date(s) shown above may result in your case being referred to the Office of Code Enforoement for one or more of the following legal actions:

1. Administrative Citation. AdmWstrahve Citation penalties range from $100 to $5O0 for each c'tation issued. [CMC 1.101. It is considered a separate ofJense for each and eva7 day the violation occum [CMC 1.12.020].

2. Civil or Crirnina! prosecution by the City Attorney for faiiing to contpiy with any of

3. Record a Notice of Substandard Property on the property with the County Reairder.

4. Filing of Notioe of Noncomphana= with the State of Califoria Frand'iise Tax Board to prevent income tax deductions for interest, taxes, depre6ation, or arnortization paid or incurred in the taxable year on properties with substandard housing conditions. 5, Any other available legal remedy.

If you have any further question regarding t's notice or can provide any additional information about the violations as described, responsible persons, required corrective actions or compliance date(s) shown above, please contact me at (408) 777-3171 or email me at paulos@cupertlnO-Org.

Respectfully,
7)ai O'8Adi'vas
Paul O@Sullivan, Senior Building Inspector
!k
Albert Salvador, Building Official
Sean Hatch, Deputy Building Official
Jeffrey Trybus, Senior Code Enforcement Officer
Monica Diaz, Code Enforcement Offivr
Greg Larson, Interim City Manager
Dianne Thompson, Assistant City Manager
Christopher Jenson, 07 Attorney
€ uPIRTIN@
O?Plal @P 000 € INF@RelMINT
e@MMuNffY DIVlt@PMINY DIPARTMINY-lullDIN@ OMII@N
CITY HAlL
10300 TORRE AWNUE - COPE)-TINC), CA 95DM-a255
lit NOTICE OF VIOLATION
10/25/2ml
HUTCHiNGS TODD A
7573 PROSPECT RD,
CuPERTINO, CA 95014-5242
LOCATION:

APN:

CASE NUMBTh
INSPECTiON DA"Th
APPRO)aMATETTha:

INSPRmD BY!
7373 Prospect Rd, Cuperkino, CA 95024
.366-.24-034
If)aO/2022
:ul230PM
obtained.
pemts fi t types of m Sadm
R109 quims insped.mis f=orany work behig daia due aquias a pm'mit. hi siddit 'f!da 19 d b Cupertmo Munidpsil Code (CMC) otherwise known as k "Cupatbio 2mi% Code", my q addittoni review and perad$) by die Plag Divimon for any adsrtor bJ alma mails modfflatimtobexist%ompmcyorlandw,asart. CMCSl.l2All(Idapd oode violatioi as a
Please tact the Build% Division jmtnadiat*ly to lve this mus. A buildJ pat (in addi m any Plaming pemts quired) will nm to be obtsdned and d new eonstructiori all be btou@t into oompliance, or altematiqly, a demolition permit will nm to be a4ired to restore the build% back to original condition. hi etther case, a full acoess inspection may naed to be sdiedulad to determine the ili extantof the modlfleatlma to dt*ori$d structure.

If you believe anyof thli Wormation fs incorrect, please have available any supporting documentation and ontact me at (408) 777-3172 or bye-mail pauJgtWgirhpp..rs- (i
DESCRIPTION OF VIOLATION(S):

This property has been deeme# and a red placard was placed on the front exterior wall of the ptoper7 on 10/20/2021 at 12:30PM.

The placard states:
1) This stnicture presents immediate or imminent hazards to occupants and the public and is considered a "Dangerous Building" witttin the meaning of CMC Chapter

16.70. It must be vacated immediately and may not be re-opiedunless conected by rebabilitation orrepair undera dty issued building permt. 2) 'J!iis stmdure must be boarded up and oontinuously secured against aib7. 3) Non-habitable due to fire and life safety issues; nonfunctiomng sewer line among otherviolations of the 1997 Housing Code.
4) It is umawful to enter diis property after having been lawfully removed (California Penal Code 419). It is wful to iqtmtioy remove, ale, oovq, deface, obliterate, tear down or desb'oy this Placard mtil authomed by th*.WldingOfflctal ((;:MC Section 16.80.040 and California Penal Code Section 616) Previously the Building Division and Code Enforcement Departments responded to the propeq following a request from the Santa Clara County Fire Department on 08/20/2020 at approximately 3:00PM. At that time the property was deemed due to the following violations below gid a red placard was posted on the front exterior wall of the property on 08/20/020 at 3:30PM however the red placard was removed from the location it was placed.

The violations are as follows:
1) Unpermitted work occtuttng at the fmnt yard with the replacement of sewer line fmm property line adjacent to the sidewalk in the direction to the exterior wall of property.
2) No utilities for light / heat. Electric service has been disconnected remotely for non- payment. Property owner denied pernffssion to enter certain areas of the property to verify the condition of the gas system connected to the gas meter. 3) Unpermitted work occurring in the garage with the installation of 3 new windows adjacent to the garage door area. Property owner denied permission to enter the interior of the garage area to observe the work.

POTENTIAL FURTHER ENFORCEMENT ACTION
It is unlawful for aiiy person to perform any act tliat is prohibited, made or declared to be unlawful or an offense by the code, or to violate any provision or fail to comply witli any of the requirements of the code, Your continued faiIlure to correct the violation(s) by the compliance date(s) shown above may result in your case being referred to t}'ie Office of Code Enforcement for one or more of the following legal actions:

1. Admiitistrative Citation penalties raiige from $100 to $500 for each citatiori issued. [CMC 1.10]. It is considered a separate offense for each and every day the violation occurs . -

2. Civil or Criminal prosecution by the City Attorney for failing to comply with any of the mandatotay requirements of state law and the Cupertino Municipal Code. All willful violations of tlte Cupertino. Mu,n4c7l, 944943,la,<q.,g)JzH4gors..that may lead to a fine p:'!JT(":;6d-!orupto six(6) moiiths-in jail [CMC L12.010]. '- I

3. Record a Notice of Substandard Property on tbe property wit}'i the County Recorder.

4. Filiitg of Notice of Noncompliance with the State of California Franchise Tax Board to prevent income tax deductions for interest, taxes, depreciation, or amortization paid or incurred in the taxable year on properties with substandard housing conditions,

5. AnY other available legal remedy.

If you bave an; further question regarding this notice or can provide any additional iiifortnation about the violations as described, responsible persons, required corrective actions or compliance date(s) sbowii above, please contact me at (408) 777-3171 or email me at [email protected].

Respectfully,
%d D'Stdt'vmt
Paul O'Sullivan, Senior Building Inspector
Cc:

Albert Salvador, Building Official
Sean Hatch, Deputy Building Official
Jeffrey Trybus, Senior Code Enforcement Officer
Monica Diaz, Code Enforcement Officer
Greg Larsoit, Interim City Manager
Dianne Thompson, Assistant City Manager
Christopl'ier Jenson, City Attorney
PROOF OF SERVICE B'l' A-IAIL
Todd A, Hutcliings
102 Sieiara Linda
Los Gatos, CA 95032
Todd A. Hutcl'iings
7573 Prospect. Road
Caipeitino, CA 950}4
I, Be.ttu'ii'iy E.bben, salt:

Todd A, Hutcliirtgs
nO.2 Sierra L.ii'ida
L.o.s Gatas., GA 9:503.2
738678
Proot' of Service by Mail
1 l= 12-CV234620

PROOF OF SERVICE- BY MAIL
2 3
4 Todd A. Hutchings
102 Sierm Linpa
Los Gatos, CA 95032
5 6
Todd A. Hutchings
7573 %speet Road
Cupertino, CA 95014
7 8
9 IQ
!l
I Betiiany E- bben, say:

I ani noiv and at a!) times liere.iii nientioned liave. been over t}ie age of eigliteeii )rears, en'ipioyed by the City of' Cupeittiio tii Sama Clara Coumy, Califoinia. l axi'i not a@any to tlie txiiti'iti"i action or eaus e. axid my business address is i 03OO Torre Avenue, Cupeitino, C.A 95014. l nm reaclily familiar witli tlie Ci5r of Cupertino's business practice for collectioxi and processing of correspondence t'or rliaiiing ivith tiie United States Postat Service, l se.rsied tsx+o (2) copies of' tlie4dinin§s5ratisie C.it3tion (# CE.00567) by placing; said copies in two (2) em"elopes addressed t.o:
12 13
Todd A. Hutcjiiiigs
}02 Si.erra Linda
Los Gatos, CA 95032
14 15
16 Todd A. Hutcbings
7573 Prospect. Road
Qipertix'io, CA 950I4
17 18
l9
20 I declare under penalty of p eijury under tlie laws of tlit= State of Ca}ifori'iia that tlie above is true and c.orrect, aitd tliat. tltis declaration svas executed on Nove.n'ibcr 17. 2016 at Ctipcrt.ino, Califot'nia. 21 22
23 24
25 26 738678
27 28
proot'of' Servtee by Mail lol2-CV2346:0
ATTORNEY OR PARTY WITHOUT ATTORNEY ST ATE BAR NUMBER:

NAME:

FIRM NAME:

STREET ADDRESS:

CITY STATE ZIPCODE:

TELEPHONENO.: FAXNO.

E-MAIL ADDRESS:

ATTORNEY FOR (name):

FOR COURT USE ONLY

SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:

MAILING ADDRESS
CITY AND ZIP CODE:

BRANCH NAME:

CONSERVATORSHIP OF THE PERSON ESTATE OF (Name):
0 CONSERVATEE 0 PROPOSEDCONSERVATEE
'a-pxcim DECLARATION-CQN.SERVATORSHIP
: % -'
CASE NUMBER:

TO PHYSICIAN, PSYCHOLOGIST, OR RELIGIOUS HEALING PRACTITIONER The purpose of this form is to enable the court to determine whether the (proposed) conservatee (check all that apply):

A. [3 is able to attend a court hearing to determine whether a conservator should be appointed to care for him or her. The court hearing is set for (date): . (Complete item 5, then sign and file page 1 of this form.) B, 0 has the capacity to give informed consent to medical treatment. (Complete items 6 through 8, sign page 3, and file pages 1 through 3 of this form.)
C. 0 has a major neurocognitive disorder (such as dementia) and, if so, ('1 ) whether he or she needs to be placed in a secured- perimeter residential care facility for the elderly, and (2) whether he or she needs or would benefit from medication for the treatment of major neurocognitive disorders (including dementia). (Complete items 6 and 8 of this form and complete form GC-335A; sign and attach rorm GC-335A. File pages 1 through 3 of this form and file form GC-335A.) (lf more than one item is checked above, sign the last applicable page of this form or, if item C is checked, form GC-335A.

File page 1 through the last applicable page of this form; if item C is checked, file form GC-335A as well.) COMPLETE ITEMS 1-4 0F TH/S FORM IN EVERY CASE.

GENERAL INFORMATION

1. (Name):

2. (Office address and telephone number):

3. I am
a. g a California-licensed g physician g psychologist acting within the scope of my license [3 with at least two years' experience in diagnosing and treating major neurocognitive disorders (including dementia). b, 0 an accredited practitioner of a religion that calls for reliance on prayer alone for healing. The (proposed) conservatee is an adherent of my religion and is under my care. (Practitioner may make ONLY the determination in item 5.)

4. (Proposed) conservatee (name):
a. I last saw the (proposed) conservatee on (date):
b. The (proposed) conservatee 0 is 0 is NOT a patient under my continuing treatment and care.

ABILITY TO ATTEND COURT HEARING

5. A court hearing on the petition for appointment of a conservator is set for the date indicated in item A above. (Complete a. or b. a. 0 The proposed conservatee is able to attend the court hearing. b. [2 Because of medical inability, the proposed conservatee is NOT able to attend the court hearing (check all items below that apply)
(1 ) 0 on the date set (see date in box in item A above) (2) 0 for the foreseeable future.
(4) Supporting facts (State facts in the space below or check this box [3 and state the facts in Attachment 5.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:
(TYPE OR PRINT NAME)
Form Adopted for Mandatory Llse
Judicial Council of CaliTomia
GC-335 [Rev. January j, 20'l"ll
(SIGNATLIRE OF DECLARANT)

CAPACITY DECLARATION-CONSERV ATORSHIP

Page 1 of 3 ends

Probate Code, % 811, 813. 1801
1825, 1881, 1910, 2356.5
www.couris.ca.gov
GC-335
CONSERVATORSHIP OF THE [2] PERSON [21 ESTATE OF (Name):
[1 CONSERVATEE [3 PROPOSEDCONSERVATEE
CASE NUMBER:

6. (continued)
D. Ability to modulate mood and affect. The (proposed) conservatee 0 has 0 does NOT have a pervasive and persistent or recurrent emotional state that appears inappropriate in degree to his or her circumstances. (If so, complete remainderofitem 6D.) g I have no opinion.
(Instructions for item 6D): Check the degree of impairment of each inappropriate mood state (if any) as follows: a = mildly inappropriate; b = moderately inappropriate; c = severely inappropriate.) Anger a € b [1 c € Euphoria a € b € c € Helplessness a € b [2 c € Anxiety a [3 b € c [1 Depression a € b € c € Apathy a € b € c € Fear a € b € c € Hopelessness a € b [3 c [2 Indifference a € b € c € Panic a € b € c € Despair a € b [3 c [1
E. The (proposed) conservatee's periods of impairment from the deficits indicated in items 6A-6D (1 ) 0 do NOT vary substantially in frequency, severity, or duration. (2) 0 do vary substantially in frequency, severity, or duration (explain; continue on Attachment 6E ifnecessary):

F. 0 (Optional) Other information regarding my evaluation of the (proposed) conservatee's mental function (e.g., diagnosis, symptomatology, and other impressions) is 0 stated below [2 stated in Attachment 6F.

ABILITY TO CONSENT TO MEDICAL TREATMENT

7. Based on the information above, it is my opinion that the (proposed) conservatee a. 0 has the capacity to give informed consent to any form of medical treatment. This opinion is limited to medical consent capacity.
b. 0 lacks the capacity to give informed consent to any form of medical treatment because he or she is either (1 ) unable to respond knowingly and intelligently regarding medical treatment or (2) unable to participate in a treatment decision by means of a rational thought process, or both. The deficits in the mental functions described in item 6 above significantly impair the (proposed) conservatee's ability to understand and appreciate the consequences of medical decisions. This opinion is limited to medical consent capacity.
(Declarant must initial here if item 7b applies:

8. Number of pages atkached:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
GC-335 iRev. January 12019] CAPACITY DECLARATION-CONSERVATORSHIP

Page 3 of 3 ends

For your protection and privacy, please press the Clear 3/31/23, 12:14 PM
p)g=: 7S1E
M Gmail Steve Kelly <[email protected]>
RE: Todd
2 messages
Steve Kelly <[email protected]>
To: "[email protected]" <[email protected]>
Mon, Mar 27, 2023 at 8:21 PM
Hi Sharon,
I received a disturbing message about Todd's behavior today from his neighbor along with a video clip. He was cursing at his neighbor and supposedly chased affer his painter last month. I further learned Cupertino code enforcement has a meeting tomorrow to discuss the situation. I know he will not listen to you but he truly needs mental health treatment.

Good Luck,
Steve
Steve Kelly
Real Estate Broker (R)
License#01l00262
408-482-0318
Sharon Yates [email protected]>
To: Steve Kelly <[email protected]>
Tue, Mar 28, 2023 at 6:02 AM
Hi Steve,
Best,
Sharon
[(uoted text hiddenl
https://mail.google.com/mail/u/0/?ik=d39007fb08&view=pt&search==all&permthid=thread-a:r182659070223222953&simpl=msg-a:r-9097455672860782,,. 1/1 From: Peggy Griffin
To: Kirsten Squarcia
Cc: City Clerk
Subject: 2023-05-16 CC Mtg - ORAL COMMUNICATIONS-Peggy"s Slides Date: Tuesday, May 16, 2023 6:58:04 PM
Attachments: Oral Communications-Peggys Slides.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.

Hi Kirsten,

Attached are my slides for Oral Communications tonight. Thank you!

Sincerely,
Peggy Griffin
ACFR Page 8 of 131

ACFR Audit – FY 2021-22 ACFR - Page 28 of 131

Proposed Budget AƩachment J – Law Enforcement (May 17, 2023 agenda item 1) -

Page 8 of 12 ends

CC 05-02-2023
Written
Communications
Item #4
Consider accepting the
City's Investment Policy
From: Rhoda Fry
To: City Clerk; City Council
Subject: May 16 2023 Agenda Item #4 Investment Policy
Date: Saturday, May 13, 2023 9:18:56 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 confused about May 16 2023 Agenda Item #4 Investment Policy. Having attended the most recent Audit Committee on 4/24/23, my recollection is that it had been stated that by the Chandler manager the City had directed the Chandler account to reduce the length of maturity. My understanding was toward a goal of greater liquidity. This is over and beyond how maturity dates are measured. This new strategy does not appear to be mentioned in this agenda item. Can you please explain further?
Thanks,
Rhoda Fry
CC 05-02-2023
Written
Communications
Item #5
Accounts Payable
Reports
From: Rhoda Fry
To: City Clerk; City Council
Subject: city council meeting 5/16/2023 agenda item 5 A/P reports Date: Monday, May 15, 2023 9:03:47 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.

Regarding city council meeting 5/16/2023 agenda item 5 A/P reports There is a payment for a cruise. Who benefitted from it and did the City get reimbursed for the costs?
Some of the cell phone bills are huge. There was one for over $1K. Why? Thanks, Rhoda
From: Peggy Griffin
To: Pamela Wu; Kristina Alfaro; City Council
Cc: City Clerk
Subject: 2023-05-16 City Council Mtg-ITEM5 Accounts Payables - 3 late concerns Date: Sunday, May 14, 2023 4:27:46 PM
Attachments: CC Resolution No. 5939-See Section D No 3 HIGHLIGHTED.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 ANY ATTACHMENTS AS PART OF THE WRITTEN COMMUNICATION FOR THE ABOVE CITY COUNCIL AGENDA ITEM.

Dear City Manager Wu, Director Alfaro and City Council,

In reviewing the Accounts Payables, I have several continuing concerns below.

CONCERN #1: Accounts Payables continue to be late
With the exception of the last 2 Accounts Payables (ending 4.21.23 and 4.28.23) they are late. Back in February, City Manager Wu insisted these would be presented to Council as specified in Resolution 5939 (see attached Section D.3) and it hasn’t happened. We are back to massive accounts payable dumps. The oldest is over 2.5 months old.

Q1: What is being done to get these to Council regularly within 30 days of each ending period?

CONCERN #2: Late payments of invoices – companies are not being paid on time.

See below many, many examples of this. Some are 8.5 months late being paid! This does not give our city a good reputation with vendors and companies.

Q2: What is causing this to happen? Is it one department or the entire city? Q3: Are procedures being added/amended to prevent this from continually occurring?

CONCERN #3: No apparent deadline for employee reimbursements Below are examples where receipts were 9-10 months old! Q4: Is there a policy for employee reimbursements with a deadline? If so, what is it?
If not, can one be added?

REQUEST: Please answer my questions above in RED.

Sincerely,
Peggy Griffin

ATTACHMENT B- Accounts Payable for Period Ending 3/10/2023 On Page 4 of 16, $16,000 paid to Joe A. Gonsalves & Son, the invoices go back to November of 2022 and stop Feb. 16, 2023.

E1: Late payment of invoices – 4 months late (Nov 2022). What has prevented these invoices from being paid as they arrived?

ATTACHMENT D – Accounts Payable for Period Ending 3/17/2023 On Page 1 of 17, paid $3,779.74 to Advantage Grafix
E2: Late payment of invoices – 2-3 months late. Why?

ATTACHMENT F – Accounts Payable for Period Ending 3/24/2023 On page 1 of 17, Paid $1,065.06 to Advantage Grafix
E3: Late payment of invoice-5 months late-October 2022. Why?

On Page 14 of 17, Paid $344.33 to Nidhi Mathur, May 19, 2022-Nov. 18, 2022! E4: Employee reimbursement- 10 months late! What’s the deadline for reimbursements?

ATTACHMENT H – Accounts Payable for Period Ending 3/31/2023 On Page 21 of 29, Paid $62,000.00 to Crowe, LLP
E5: Late payment of invoices- 7 months! What is causing the delay in payment?

ATTACHMENT J – Accounts Payable for Period Ending 4/7/2023

Page 5 of 14 ends

E6: Late payment of invoice- almost 4 months. What is causing the delay in payment?

ATTACHMENT L – Accounts Payable for Period Ending 4/14/2023

Page 8 of 14 ends

E7: Employee reimbursement - Almost 9 months late! Where is the policy/procedure for reimbursements deadlines?

Page 9 of 14 ends

E8: Late payment of invoice - 3.5 months. Why?

Page 11 of 14 ends

E9: Late payment of invoice - 8.5 months late! Why?

ATTACHMENT N – Accounts Payable for Period Ending 4/21/2023

Page 10 of 21 ends

E10: Late payment of invoices- 2 months to pay a bill. Why?

Page 17 of 21 ends

E11: Late payment of invoices- 3 months to pay a bill. Why?

ATTACHMENT O – Accounts Payable for Period Ending 4/28/2023

Page 1 of 13 ends

E12: Late payment of invoices – over 3 months late. Why?

Page 9 of 13 ends

E13: Employee reimbursement – 9.5 months late! Why?

Page 10 of 13 ends

E14: Late payment of invoices – 3 months late. Why?

CC 05-02-2023
Written
Communications
Item #6
Consider the City Manager's
Third Quarter Financial
Report for 2022-23
From: Rhoda Fry
To: City Clerk; City Council
Subject: Cupertino City Council May 16 #6 regarding the 3rd quarter Date: Monday, May 15, 2023 8:51:04 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 Council,

Cupertino City Council May 16 #6 regarding the 3rd quarter

I am very surprised to see the new city hall still listed on these reports and I am concerned to see it bundled with improvements to community hall.

These items need to be kept separate.

How much was wi-fi being used in the City’s public areas? I see that it has been cancelled. I don’t use it but I can see that it could be a quality of life item for people to get outside.

Regarding attachment C. Please provide a full accounting for fund 280 – the park dedication fee. I recall it had been around $12M. Why is it $8M now? Where did the money come from and what can it be used for?

Moving forward to the 4
th quarter, please start cutting costs now.

Sell Byrne.

Get TOT increase on ballot for 2023.

Thanks,
Rhoda Fry
From: Peggy Griffin
To: Thomas Leung; Pamela Wu; City Council
Cc: City Clerk
Subject: 2023-05-16 City Council Agenda Item #6 - City Manager"s 3rd Qtr Budget Amendment Proposal - BUDGET QUESTION Date: Sunday, May 14, 2023 7:12:20 PM
Attachments: Agreement 19-082 City of Sunnyvale, Cost Sharing Agreement, VERBS Project at Homestead High School.pdf 2019-07-16 CC Mtg Item26 Att D - Budget Detail Modified.pdf CC 04-13-23 Item #2 Accounts Payable_Supplemental Report (Updated 04-12-23).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 ATTACHMENTS AS WRITTEN COMMUNICATIONS FOR THE CITY COUNCIL AGENDA ITEM LISTED ABOVE.

Dear City Manager Wu, City Council and Staff,

Below is a question I have asked multiple times but it’s not been answered. In the 4-13-2023 CC Meeting Item #2 Accounts Payable Supplemental Report the city’s response was “It’s a budget-related question that will be addressed when the City Manager’s
proposed budget is considered by Council.”

So, I’m asking again…
Q: Why was the Homestead High School Bike/Ped Improvement amount of $126,500 charged to “100 – General Fund” instead of to the Walk Audit CIP fund or another CIP fund?

I keep asking this because there is a fixed amount of money in the Walk Audit CIP Fund. This Homestead HS project was presented as a Walk Audit CIP project. Recently, I’d heard there was only about $68k left in the fund. If that’s the case, the $126,500 would have made it go negative so charging the General Fund instead avoids the issue of going over budget or having to get Council approval to amend the budget or having to cut back on projects. Below are supporting documents and information.

I would very much appreciate an answer to this question. Thank you.

Sincerely,
Peggy Griffin

This City Council agenda item #6 is the City Manager’s proposed budget amendment so I’m asking again…now with additional information I’ve found. Attached are 2 supporting documents:

1. CC 04-13-23 Item #2 Accounts Payable_Supplemental Report (Updated 04-12-23).pdf

2. Agreement 19-082 City of Sunnyvale, Cost Sharing Agreement, VERBS Project at Homestead High School.pdf This shows the City of Cupertino agreed to pay $126,500 for their part of the bike/ped improvements.

3. 2019-07-16 City Council Mtg, Agenda Item #26, FY19-20 Bike-Ped CIP, Attachment D – Budget Detail Modified.pdf

Page 2 ends

from Walk Audit CIP”
CIP projects have a fund number of 420, not 100

Page 2 of 2 ends

The Accounts Payables for the Period Ending Feb. 10, 2023 (bottom of the page), paid the City of Sunnyvale $126,500.00 as the City of Cupertino’s share of the improvements as per the signed agreement between the two cities but it was charged to “100 – General Fund” instead of
Payment Register for Period Ending Feb. 10, 2023

Page 1 ends

The 2023-05-16 CC Meeting Agenda Item #6, Attachment I – CIP Projects Ranking May 2023.pdf shows that School Walk Audit Implementations are “Fully funded by outside sources. No use of City funds anticipated…”

Attachment I – CIP Projects Ranking May 2023.pdf

Page 4 of 6 ends

COST- SHARING AGREEMENT BETWEEN THE CITY OF SUNNYVALE AND

CITY OF CUPERTINO FOR A VEHICLE EMISSION REDUCTIONS BASED AT

SCHOOLS ( VERBS) FUNDED PROJECT AT HOMESTEAD HIGH SCHOOL THIS AGREEMENT, for convenience dated P 161 A) , 2019, is entered into by and between the CITY OF SUNNYVALE, a municipal corporation of the State of California, referred to herein as " SUNNYVALE" and the CITY OF CUPERTINO, a municipal corporation of the State of California, referred to herein as " CUPERTINO."

RECITALS
WHEREAS, SUNNYVALE received a Vehicle Emission Reductions Based at Schools (" VERBS") grant from the VTA for the purpose of increasing walking and bicycling to school to reduce greenhouse gases and improve air quality.

SUNNYVALE and CUPERTINO are partnering to perform pedestrian and bicycle improvements on Homestead Road at Homestead High School ( the " PROJECT"), more specifically defined in Exhibit A, which is incorporated by this reference.; and,
WHEREAS, CUPERTINO submitted a letter of support ( Exhibit B) to provide matching funds in an amount not to exceed 10% of the total PROJECT cost; and, WHEREAS, SUNNYVALE passed a Resolution of Local Support ( Exhibit C) indicating it will provide its non- federal matching funds.

WHEREAS, CUPERTINO' s letter of support has been accepted and by virtue of the parties' execution of this Agreement, SUNNYVALE will provide PROJECT services to Cupertino under the terms of this Agreement; NOW, THEREFORE, the parties hereto agree as follows:

SECTION I
SUNNYVALE AGREES:
1) To provide PROJECT advertisement, bid procurement, contract award, contract administration, and all necessary construction engineering services for the PROJECT.
2) Prior to advertisement for construction of PROJECT, to submit plans and specifications to CUPERTINO for review and concurrence as to conformity to

Page 1 of 4 ends

CUPERTINO' S standards and/ or existing facilities with respect to the portion of the PROJECT work scope that will be done in CUPERTINO. 3) To provide for the construction of PROJECT by contract in accordance with the mutually agreed upon plans and specifications.
4) To provide one hundred percent ( 100%) of the expense of preparation of plans and specifications, construction engineering, construction costs and necessary traffic signal equipment purchase required to complete the PROJECT, offset by the partial reimbursement by CUPERTINO as set forth below. Currently, the total PROJECT cost estimate is $ 1, 265, 000. 5) To operate and maintain the PROJECT upon completion. SUNNYVALE shall pay for all costs of maintenance and operation of the traffic control signal system and safety lighting.

SECTION II
CUPERTINO AGREES:
1) Prior to award of contract for construction of PROJECT, CUPERTINO shall review the plans and specifications for conformity to CUPERTINO' S standards and/ or existing facilities for the portion of the PROJECT that will be located within CUPERTINO.
2) Upon completion of PROJECT, CUPERTINO shall reimburse SUNNYVALE ten percent ( 10%) of the total PROJECT cost, but in an amount not to exceed 126, 500, within thirty ( 30) days of invoicing from SUNNYVALE.

SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
1) SUNNYVALE shall not approve a contract for the construction of PROJECT until after receipt of CUPERTINO' S approval of the plans and specifications required in SECTIONS I and II, above.
2) Neither SUNNYVALE nor any officer, agent or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted by CUPERTINO under or in connection with any work, authority, or jurisdiction delegated to CUPERTINO under this Agreement. It is also agreed that, pursuant to Government Code Section 895. 4, CUPERTINO shall fully indemnify and hold SUNNYVALE harmless from any liability imposed for injury ( as defined by Government Code Section 810. 8) occurring by reason of anything done or omitted by CUPERTINO under or in connection

Page 2 of 4 ends

with any work, authority or jurisdiction delegated to CUPERTINO under this Agreement.
3) Neither CUPERTINO nor any officer, agent or employee thereof shall be responsible for and damage or liability occurring by reason of anything done or omitted by SUNNYVALE under or in connection with any work, authority or jurisdiction delegated to SUNNYVALE under this Agreement. It is also agreed that, pursuant to Government Code Section 895. 4, SUNNYVALE shall fully indemnify and hold CUPERTINO harmless from any liability imposed for injury ( as defined by Government Code Section 810. 8) occurring by reasons of anything done or omitted by SUNNYVALE under or in connection with any work, authority or jurisdiction delegated to SUNNYVALE under this Agreement.
4) Should any portion of PROJECT be financed with Federal funds or State Gas Tax funds, all applicable procedure and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 5) In the construction of the work, SUNNYVALE will furnish a representative to perform the usual functions of a Resident Engineer. CUPERTINO may, at no cost to SUNNYVALE, furnish a representative, if they so desire. The representative and Resident Engineer will cooperate and consult with each other, but the orders of SUNNYVALE' S engineer shall be final. 6) If existing public and private utilities conflict with the construction of PROJECT, SUNNYVALE and CUPERTINO will make all necessary arrangements with the owners of such utilities for their removal, vacation or relocation. Encroachment permits will be issued by either SUNNYVALE or CUPERTINO, depending upon the location of the utility for which removal is required by the PROJECT. All private utilities and public utilities not owned by either SUNNYVALE or CUPERTINO, shall be required to remove or relocate at their own cost. The cost of removing or relocating public utilities owned by either SUNNYVALE or CUPERTINO shall be shared equally by the two cities.
7) CUPERTINO hereby grants to SUNNYVALE and its agents and contractors all necessary authority to perform the PROJECT, as approved by CUPERTINO, within the boundaries of CUPERTINO, any and all work required to perform the terms of this Agreement, as approved by CUPERTINO, and agrees to provide such documentation as may be required by CUPERTINO to confirm such authority.

Page 3 of 4 ends

CITY OF CUPERTINO CITY OF SUNNYVALE
By: By: - J ` L
City Manager City Manager
Attest Attes
City Clerk S^ Z(`' City Clerk
APPROVED AS TO FORM: APPROVED A5 TO FORM:

City Attorney City Attorney

Page 4 of 4 ends

Exhibit A
Santa Clara Valley
aura
Transportation
Authority
Vehicle Emissions Reductions Based at Schools
VERBS)
FY2018- 22 Application
INCLUDES:

Section One - Project Overview
Section Two - Project Details
Section Three - Project Narrative
VERBS Application

SECTION ONE

PROJECT OVERVIEW
Homestead Road @ Homestead High School Pedestrian
Project Title and Bicycle Improvements Project
Location
Intersection of Homestead Road & South Mary Avenue
Limits
Homestead Road between Mackenzie Drive and
Kennewick Drive including influence areas on all
approaches within 250 ft.

Detailed Description
This is a joint project with the City of Cupertino, the Fremont Unified High School District, the Homestead
High School and the City of Sunnyvale. The proposed
improvements at Homestead Road/ Mary Avenue and
Homestead Road/ Kennewick Drive intersections, will
update the phasing from 6 phase to 8 phase at the Mary
Avenue intersection, allowing protected left turns for the Project Description Summary northbound and southbound directions and timing the Specify need and expected outcome) pedestriancrosswalksconcurrently; tighten the radiusof the south- west corner of the intersection, shortening the south and west pedestrian crosswalks; provide direct
path for bicycles to high school from EBHomestead Road
to Mary Avenue Bridge Trail, install high visibility
crosswalks in all directions, install accessible pedestrian system push buttons; upgrade existing traffic signal to allow for in and out circulation at Kennewick Drive signal and install high visibility crosswalks. Additionally, the project will install green buffered bike lane between
McKenzie Drive and Mary Avenue on the south side,
install green buffered bike lane between Mary Avenue
and Kennewick Drive on the north side ( south side
already has a green buffered bike lane), and update
bicycle specific detection in all directions.

Grant Amount Requested ( min $ 500, 000) $ 1, 000, 000 Fiscal Year ( FY) Grant Funds Requested 2018- 19
Local Match ( 11. 47% Min) 265, 000
Total Project Cost 1, 265, 000
Member Agency City of Sunnyvale

Page 1 ends

VERBS Application
Contact Person Shahid Abbas
Address 456 W. Olive Avenue, Sunnyvale, CA 94086
Email Address sabbas@sunnyvale. c. ca. gov
Phone 408) 730- 7330
Other Project Partners City of Cupertino, the Fremont Unified High School District, and the Homestead High School.

Page 12 ends

VERBS Application

SECTION TWO

PROJECT DETAILS
PROJECT TITLE:

Homestead Road @ Homestead High School Signal Modifications and Pedestrian and Bicycle Improvements
AGENCY NAME: Agency with day-to- day responsibility for implementing PROJECT) City/ Town of: Sunnyvale
PROJECT MANAGER: ( Person who can answer questions about the PROJECT) Name: Shahid Abbas
Title: Transportation Manager
Phone: 408) 730- 7330
Email: sabbas@sunnyvale. ca. gov
ROADWAY CLASSIFICATION AND SITED SOURCE:

Homestead Road is classified as an Other Principal Arterial and South Mary Avenue is a Minor Arterial accordingto the CaliforniaRoadwaySystemmap developed by Caltranswith FHWAapproval.

PROJECT SCHEDULE:

Project Phase: ENVIRON DESIGN ROW CON
Start Date ( MM/ YY): 1 12018-2019 2019- 2020
Any schedule change requires VTA prior approval.

PROJECT COST BY PHASE: ( Dollars rounded to nearest thousands) Funds Requested: 0 1M
Local Match: 213, 000 52, 000
Total cost/ phase: 213, 000 1, 052, 000
Match % ( xx. xx%): 100% 5%
CRITICAL EXPECTED/ ACTUAL SUBMITTAL DATES: ( where applicable) Field Review: 01/ 01/ 2019
PES Form: 01/ 01/ 2019 PES: Exhibit 6-A Preliminary Environmental Study ROW/ Permits:

CON E- 76 Packet' 03/ 01/ 2019
Deadline: November 1 of programmed year
N PROJECTISASTAND-ALONEPROJECT.

PROJECTIS PARTOF A LARGERPROJECT. (Describe larger project: Provide project title, identifying ID numbers, total project cost, larger project schedule and impact on THIS project schedule.)

Page 13 ends

VERBS Application

SECTION THREE

PROJECT NARRATIVE
Use Section Three to respond to the Evaluation Criteria and Procedures for the Infrastructure Improvements found in Attachment A)

SCREENING CRITERIA
Provide Letters of Support from school officials, school- based associations, local traffic engineers, local elected officials, law enforcement agencies, and any other stakeholders that will inform the evaluation process and any ancillary information that will inform the evaluation process.

SCORING CRITERIA

1. Infrastructure improvements to school access (Proofof current conditions and map included?) This joint project with the City of Cupertino, the Fremont Unified High School District, the Homestead High School and the City of Sunnyvale will make improvements at the Intersections of Homestead Road South Mary Avenue and Homestead Road & Kennewick Drive is located directly adjacent to Homestead High School, and is partially located in the City of Cupertino Right-of- Way. Both traffic signals are owned and operated by the City of Sunnyvale. At the intersection of Mary Avenue, the south leg of the intersection serves as the entrance point to the school and leads to the Staff and visitor parking area. In the morning, parents also use this parking lot as a student drop off zone.

Additionally, there is a Bike Path that runs north- south from Mary Avenue Bicycle and Pedestrian Bridge to Mary Avenue Intersection. At the intersection of Kennewick Drive, the south leg of the intersection serves as the entrance point to student parking lot. The surrounding area is primarily residential, with posted 35 mph speed limit on Homestead Road and Mary Avenue, and 25 mph on Kennewick Drive. As a result, there is a lot of pedestrian, bicycle, and vehicular traffic that passes through both intersections, especially in the morning and afternoon school peak hours.

Currently, the intersection of Homestead Road and Mary Avenue operates as a 6 phase, with protected left turns in the eastbound and westbound directions, and split phasing in the northbound and southbound directions. The northbound and southbound pedestrian crosswalks are also working in split phase operation, and are timed with each respective vehicular direction ( i.e. east crosswalk with NB movement and west crosswalk with SB movement). Due to split phase operation of the crosswalks and the wide crossing distances, the current cycle length is very long, which results in excessive delays and queues for the vehicular traffic and student traffic that are coming to and from school. The excessive delays increase the risk of pedestrians crossing the road to the school without waiting the walk signal creating unsafe situations for all roadway users.

The proposed improvements at this intersection, will update the phasing from 6 phase to 8 phase, allowing protected left turns for the northbound and southbound directions, and timing the pedestrian crosswalks concurrently. Additionally, the improvements include tightening the radius of the south- west corner of the intersection, installation the connector from Homestead Road to Mary Avenue Bridge bike trail to provide a quicker access to the trail and to reduce pedestrian/ bicycle conflict at the intersection, shorten the south and west pedestrian crosswalks, installation of the high visibility crosswalks in all directions, installation of accessible pedestrian system push buttons, installation of

Page 14 ends

VERBS Application
buffered bike lane and green pavement along Homestead Road between MacKenzie Drive and South Mary Avenueand between Mary Avenueand KennewickDriveon the north sideof the roadway, to matchthe south side. Aspart of the separateproject and the City'songoing effort and commitment to make a bicycle friendly community, a green bike lane with a bike box will be installed along South Mary Avenue, north of Homestead Road.

The intersection of Homestead Road and Kennewick Drive, currently operates as a 5-phase intersection, with protected left turns in the eastboundand westbound directions, and only one southbound phase. This entrance is used by both, students who are looking for parking and parents who are dropping off their kids. In the AM peakhour, there isa heavyvolume of vehiclesentering and leavingthis parkinglot, with vehiclesthat are leaving,turning right on HomesteadRoadand immediately left on KennewickDrive. Thisresultsin delaysand backupon schoolparkinglot and on Homestead Road, as vehicles are blocking through lanes.

The proposedimprovementsat this intersection will update signalphasingfrom 5-phaseto 6-phase, allowing for either split operation or permissiveoperation for the Northbound and Southbound movement. Because currently the northbound movement does not exist, the project will install the traffic signal infrastructure for future reconfiguration of the school parking lot by the school. With reconfiguration the vehicular traffic will be able to exist the parking lot at a signalized intersection, reducingthe traffic exiting and entering the secondarydriveway, and thus reducingconflict zoneswith traffic traveling along HomesteadRoad. Additionally to signalmodification, the current project will install high visibility crosswalksin all directions, install accessiblepedestrian systempushbuttons, and install countdown pedestrian signal heads.

In December of 2016 the City of Cupertino along with Alta Planning+ Design consultant, conducted a walk audit, which outlined most of the improvements described above.

The city of Sunnyvalealsoconductedseveralmeetingsbetween the Cityof Cupertino, Cupertino School District, and Homestead High School officials, to discuss the improvements and seek comments.

As a result of this effort, the above mentioned improvements have been revised and are depicted in the Figure 1.

2. Air Quality Improvements
The project is proposingto reducevehicular emissionsby reducingvehicular delaysand queuesat both intersections. Furthermore, the project will enhance the safety, convenience, and comfort for the students and their families walking and biking to school, and will encourage others to use other mode of transportation, such as bicycle, or walk to school.

3. Gap Closure/ Connectivity( Map included?)
The project proposesto shorten the crossingdistancesfor pedestrianscrossingthe west and south crosswalks, aswell asinstallation of green bike lanesand greendashedtransition alongnorth leg of South Mary Avenue.

Page 15 ends

VERBS Application
Additional gap closure includes installation of buffered bike lane on the north side of the street between South Mary Avenue and Kennewick Drive, to match what is already installed on the south side of the street, and providing a connector for bicycles to enter Mary Avenue Bridge trail.

See Figure 1 for proposed intersection improvements.

4. Safety
The project is proposing to shorten the crossing distances for pedestrian which in turn reduce the pedestrian- vehicular conflict, reduce the vehicular to vehicular conflict by reconfiguring entrance and exit points, install accessible pedestrian systems pedestrian detectors, provide up to date signage, install high visibility crosswalks, green bike lanes, buffered bike lanes, and install up to date bicycle specific detection.

Enhanced bicycle lanes are planned for Homestead Road as part of the project. The bike lane enhancements will include buffer bike lanes and/ or colored bike lane treatments. The National Association of City Transportation Officials ( NACTO) website lists several safety benefits of colored bike facilities based on an analysis of previous installations including:

Increases the visibility of bicyclists.

Increases motorist yielding behavior.

Helps reduce bicycle conflicts with turning motorists.

In addition, NACTO recommends the use of buffered bike lanes for roadways with high travel speeds.

These bicycle lane enhancements are expected to increase bike ridership within the project area, while increasing safety for bicycle riders.

5. Local Match
This joint project with the City of Cupertino, the Fremont Unified High School District, the Homestead High School and the City of Sunnyvale. The 21% local matchwill be equallysplit between the Cityof Cupertino and the City of Sunnyvale.

6. Project Readiness ( within 5 years)
The Homestead High School Walk Audit Recommendations was completed in December of 2016 which providesrecommendationsfor improvements. The next step in the processis to preparethe environmental documents which can begin immediately once funding has been granted. No additional R-O-W will be required for the project improvements and the project canbe implemented relatively quickly.

7. Community of Concern ( Map included?)
The project is not location within a Community of Concern.

Page 16 ends

VERBS Application

8. Local Plans( s)
Thecurrentprojectispartof the Cityof SunnyvaleBicyclePlanandGeneralPlan. TheCityof Cupertino will incorporate all Walk Audit recommendations including the one Alta provided for Homestead High School into their Pedestrian Master Plan that is currently being updated.

Page 17 ends

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Exhibit B
CITY OF City Hall
10300 Torre Avenue
Cupertino, CA 95014- 3255
408) 777- 3193
FAX( 408) 777- 3366

CUPERTINO

PUBLIC WORKS DEPARTMENT
April 28, 2017
Shahid Abbas
Transportation and Traffic Manager
Department of Public Works
City of Sunnyvale
456 W Olive Avenue
Sunnyvale, CA 94086
RE: Vehicle Emissions Reduction Based at School ( VERBS) Grant Application for the City of Sunnyvale
Dear Mr. Abbas,
I am writing to express my strong support for the City of Sunnyvale VERBS Program Grant Application for the Homestead Road/ Homestead High School Improvements Project.

We feel this project is incredibly important because the proposed improvements will help Homestead High School in the following areas:
i

1. Increase the numbers of children who walk and bicycle to school

2. Reduce vehicle congestion at school

3. Contribute to a healthier environment by reducing motorized travel With the support of the VERBS program Partnership, the City of Sunnyvale, the City of Cupertino, the Homestead High School, and the Fremont Union High School District are looking forward to working together to reduce vehicular trips by making infrastructure improvements which will provide better access to the school and will inspire more children and their families to walk or bike to and from school.

The City of Cupertino is committed to contribute up to, 10% of the total project cost, subject to City Council approval. We are very ek'cited and look forward to this partnership and working with the City of Sunnyvale to realize the proposed improvements.

Sincerely,
Timm Borden
Director of Public Works
Exhibit C
Ieassftolat;a,jrw Mpy

RESOLUTION OF LOCAL SUPPORT J
RESOLUTION NO. 861- 18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SUNNYVALE AUTHORIZING THE FILING OF AN

APPLICATION FOR FUNDING ASSIGNED TO

METROPOLITAN TRANSPORTATION COMMISSION

MTC) FOR HOMESTEAD HIGH SCHOOL AND

PEDESTRIAN AND BIKE INFRASTRUCTURE

IMPROVEMENTS AND COMMITTING THE NECESSARY

NON- FEDERAL MATCH AND STATING THE

ASSURANCE TO COMPLETE THE PROJECT
WHEREAS, City of Sunnyvale (hereinreferredto as APPLICANT) is submittingan application to the Metropolitan Transportation Commission ( MTC) for $ 1,919,000 in funding assignedto MTC for programmingdiscretion, whichincludesfederalfundingadministeredby theFederalHighwayAdministration (FHWA) andfederalor statefundingadministeredby the California Transportation Commission ( CTC) such as Surface Transportation Block Grant Program (STP) funding, CongestionMitigationandAir QualityImprovementProgram (CMAQ) funding, Transportation Alternatives ( TA) set- aside/ Active Transportation Program ( ATP) j funding, andRegionalTransportationImprovementProgram (RTIP) funding (hereincollectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Homestead Road at Homestead High School Improvements and Pedestrian and Bike Infrastructure Improvements herein referred to as PROJECT) for the One Bay Area Grant Cycle 2 ( OBAG 2) for Vehicle Emission Reductions Based at Schools ( VERBS) ( herein referred to as PROGRAM); and WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportationneedsandprograms, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program ( STP) ( 23 U. S. C. § 133), the Congestion Mitigation and Air Quality I Improvement Program ( CMAQ) ( 23 U. S. C. § 149) and the Transportation Alternatives ( TA) set- aside ( 23 U. S. C. § 133); and
WHEREAS, state statutes, including California Streets and Highways Code § 182. 6, 182. 7, and § 2381( a)( 1), and California Government Code § 14527, provide various funding programsfor the programming discretionof the Metropolitan Planning Organization (MPO) and j the Regional Transportation Planning Agency( RTPA); and i
WHEREAS, pursuantto the FEDERAL TRANSPORTATION ACT, andanyregulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally- significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program ( TIP); and
T- DPW- 170203/ 24049 2 1
Council Agenda: 1- 23- 18
Item No.: 11
WHEREAS, MTCistheMPOandRTPAfortheninecountiesoftheSanFranciscoBay region; and
WHEREAS, MTC hasadopteda RegionalProjectFundingDeliveryPolicy (MTC ResolutionNo. 3606, revised) thatsetsoutproceduresgoverningtheapplicationanduseof REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsorfor REGIONALDISCRETIONARY FUNDING; and
WHEREAS, aspartof theapplicationfor REGIONALDISCRETIONARYFUNDING, MTC requiresa resolutionadoptedby theresponsibleimplementingagencystatingthe following:
i. thecommitmentof anyrequiredmatchingfunds; and
ii. that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmedamount, andthereforeanycostincreasecannotbe expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
iii. that the PROJECTwill comply with the procedures, deliverymilestonesand fundingdeadlinesspecifiedin theRegionalProjectFundingDeliveryPolicyMTC ResolutionNo. 3606,revised); and iv. the assuranceof the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC' s federal Transportation Improvement Program ( TIP); and V.
that the PROJECTwill have adequatestaffing resourcesto deliver and complete thePROJECTwithintheschedulesubmittedwith theprojectapplication; and vi. that the PROJECTwill comply with all project-specific requirementsas set forth in the PROGRAM; and
vii. thatAPPLICANThasassigned, andwill maintainasinglepointof contactfor all FHWA- andCTC-fundedtransportationprojectsto coordinatewithintheagency andwith therespectiveCongestionManagementAgency (CMA),MTC, Caltrans, FHWA, andCTConallcommunications, inquiresorissuesthatmayariseduring the federal programming and delivery processfor all FHWA- and CTC-funded transportationandtransitprojectsimplementedby APPLICANT; and viii. in thecaseof ahighwayproject, thePROJECTwill complywithMTC Resolution No. 4104, whichsetsforthMTC's TrafficOperationsSystem (TOS) Policyto installandactivateTOSelementsonnewmajorfreewayprojects; and WHEREAS, the APPLICANTis authorizedto submitan applicationfor REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, thereis no legalimpedimentto APPLICANTmakingapplicationsfor the funds; and
WHEREAS, thereis nopendingorthreatenedlitigationthatmightin anywayadversely affect theproposedPROJECT, or the ability of APPLICANT to deliver suchPROJECT; and T- DPW- 170203/ 24049 2 2
Council Agenda: 1-23- 18
Item No.: IT
i
WHEREAS, APPLICANTauthorizesitsCityManager, ordesigneetoexecuteandfile anapplicationwithMTCforREGIONALDISCRETIONARYFUNDINGforthePROJECTasreferenced in this resolution; and WHEREAS, MTCrequiresthatacopyofthisresolutionbetransmittedtotheMTCin conjunctionwith the filing of the application.

NOW, THEREFORE, BEITRESOLVEDBYTHECITYCOUNCILOFTHECITYOFSUNNYVALE THAT:

1. APPLICANTwill provideanyrequiredmatchingfunds; and

2. APPLICANTunderstandsthattheREGIONALDISCRETIONARYFUNDING i fortheprojectisfixedattheMTCapprovedprogrammedamount, andthatanycostincreasesmustbefundedbytheAPPLICANTfromotherfunds, andthat APPLICANTdoesnotexpectanycostincreasestobefundedwithadditional REGIONAL DISCRETIONARY FUNDING; and j

3. APPLICANTunderstandsthefundingdeadlinesassociatedwiththesefundsand willcomplywiththeprovisionsandrequirementsoftheRegionalProjectFundingDeliveryPolicy (MTCResolutionNo. 3606, revised) andAPPLICANThas, and willretaintheexpertise, knowledgeandresourcesnecessarytodeliverfederally-fundedtransportationandtransitprojects, andhasassigned, andwillmaintaina singlepointofcontactforallFHWA- andCTC-fundedtransportation.projectsto coordinatewithintheagencyandwith therespectiveCongestionManagement Agency ( CMA), MTC,
Caltrang, FHWA, andCTC on all communications,
inquiresorissuesthatmayariseduringthefederalprogramminganddeliveryprocess for all FHWA- andCTC-fundedtransportationandtransitprojectsimplementedby APPLICANT; and

4. PROJECTwillbeimplementedasdescribedinthecompleteapplicationandin thisresolution, subjectto environmentalclearance, and, if approved, for the amountapprovedby MTC andprogrammedin thefederalTIP; and

5. APPLICANThasreviewedthePROJECTandhasadequatestaffingresourcestodeliverandcompletethePROJECTwithintheschedulesubmittedwiththe project application; and

6. PROJECTwill comply with the requirementsassetforthin MTCprogramming i
guidelinesandprojectselectionproceduresfor thePROGRAM; and

7. In thecaseof a transitproject, APPLICANTagreesto complywiththe- requirementsofMTC'sTransitCoordinationImplementationPlanassetforthinMTC ResolutionNo. 3866,revised; and i
T-DPW- 170203/ 24049 2 3
Council Agenda: 1-23- 18
Item No.: 1.F

8. In the case of a highway project, APPLICANT agrees to comply with the requirements of MTC' s Traffic Operations System ( TOS) Policy as set.forth in MTC Resolution No. 4104; and

9. In the case of an RTIP project, PROJECT is included in a local congestion managementplan, or is consistentwith the capital improvementprogram adopted pursuantto MTC' sfunding agreementwith the countywidetransportationagency; and

10. APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and

11. APPLICANT ' is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and

12. There is no legal impediment to APPLICANT making applications for the funds; and

13. There is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and

14. APPLICANT authorizes its City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and

15. A copy of this resolution will be transmittedto the MTC in conjunctionwith the filing of the application; and

16. The MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC' s federal TIP upon submittal by the project sponsor for TIP programming.

T- DPW- 170203/ 24049 2 4
Council Agenda: 1-23- 18
Item No.: 11
AdoptedbytheCityCouncilataregularmeetingheldonJanuary23, 2018, bythefollowing vote:

AYES:

HENDRICKS, KLEIN, LARSSON, GRIFFITH, MELTON, SMITH, GOLDMANNOES: NONE ABSTAIN: NONE
ABSENT: NONE
RECUSAL: NONE
ATTEST:

APPROVED:
a
4KATLEERANCO
City Clerk
NS G` ENN HENDRICKS(
SEAL)
Mayor
APPROVED AS TO FORM:

ROBERT L. BOCO
Sr. AssistantCityAttorney
I
i
I
i
T- DPW- 170203/24049_ 2 5
Council Agenda: 1-23- 18
Item No.: IT
r
June 7, 2019
Sunnyvale
City Hall
456 West Olive Avenue
Sunnyvale, CA 94088- 3707
David Stillman TDD/ TYY 408- 730- 7501
Transportation Manager sunnyvale. ca. gov
Public Works
408) 777- 3249
Re: Cost— SharingAgreement— City of Sunnyvale and City of Cupertino, VERBS Project at Homestead High School
Enclosedis onefully executedcontractfor theabove-statedagreementfor your records. If you have any questionsor needadditional information, pleasecontact Carmen Talavera at Public Works Department at 408- 730- 7522.

Sincerely,
1 i
Lynette Jaramillo
Principle Office Assistant
City of Sunnyvale
Heart of Silicon Valley""
Bike Plan Ped Plan Bike Plan Ped Plan Feasibility
Study Design Construction Changes in Scope Bike Plan Ped Plan Feasibility/
Concept
Study
Design Construction Comments Prior Years Funding Proposed FY19/20 Grants Donations Bicycle Pedestrian
Commission
City
Council
1 Tier 1 (Score 91)
Project Title: Class IV
Separated Bikeway
N/A
Conceptual
design
completed
65% Complete $171,555 $1,628,445 Phase 1 $1,800,000 $1.8M from Apple 10/18 15 Tier 1 (Score 55)
Project Title: Configure
Intersection - Wolfe
Rd/Stevens Creek Blvd
N/A Program Level estimate only
2 2
Tier 1 (Score 80) Project
Title: Class IV Separated
Bikeway
Tier 2 (Score 75)
Project Title: Sidewalk -
McClellan Road, north side,
Hwy 85 to Rose Blossom
Conceptual
design
completed
Complete
between Imperial
and Stelling.

In progress
between
Imperial and
Stelling
$286,000 $158,000 $426,182.00 2,122,574‬ Phase 1A - Stelling to Imperial; $430,000 $1M VERBS, $55K local TFCA,
$85,822 regional TFCA,
$157,237 DIL for De
Anza/Pacifica Intersection
$2,000,000 from
Apple
7/17, 8/17, 10/17,11/17,
1/18, 10/18
5 N/A
Tier 1 (Score 70)
Project Title: Configure
Intersection - McClellan
Rd/Stelling Rd
N/A Complete Construction
Starts 6/17/19 $550,000 N/A $0 $1,581,920
Phase 1B - Intersection Imps Bubb
& Stelling; Design Costs included
in Phase 1A
8 N/A
Tier 1 (Score 68)
Project Title: Configure
Intersection - McClellan
Rd/Westacres/Kim St
N/A Complete In-Progress Project Limits and
scope under review $200,000 N/A $148,000 $1,475,000 Phase 2 - Stelling to Torre 14 8
Tier 2 (Score 56)
Project Title: Configure
Intersection - De Anza
Blvd/McClellan Rd
Tier 2 (Score 60)
Project Title: Reconfigure
intersection - De Anza Blvd at
McClellan Rd
Complete Not Started Project Limits and
scope under review $200,000 $9,707,000 $247,000 $1,814,100 Phase 3 - De Anza/Pacifica Intersection; $160,000 from Apple
21 N/A
Tier 3 (Score 33)
Project Title: Class II Bike Lane
- Pacifica Dr, De Anza Blvd to
Torre Ave
N/A Complete Not Stareted Design depends on
ROW Acquisition $11,000 N/A $130,000 $888,000 Phase 4 - Byrne to Imperial Bike Boulevards (General - see detail below) Neighborhoods #1 through #7 N/A N/A Conceptual
design
completed
N/A $52,537 regional TFCA 6/17 Project update on
2/6/2018
6 N/A
Tier 1 (Score 70)
Project Title: Class III Bike Blvd
- Portal Ave Bike Blvd (#5)
N/A $35,000 N/A $34,000.00
12 11
Tier 2 (Score 60)
Project Title: Class III Bike Blvd
- Mary Ave to Portal Ave Bike
Blvd (#4)
Tier 3 (Score 45)
Project Title: Construct curb
extensions - Bandley Dr at
Mariani Ave
$75,000 $217,000 $68,000.00
17 N/A
Tier 2 (Score 52)
Project Title: Reconfigure
Wall/Fence - Greenleaf
Dr/Mariani Ave
N/A $25,000 N/A $34,000.00
21 9
Tier 3 (Score 28)
Project Title: Class III Bike
Route - Civic Center to
Creekside Park Bike Route (#2)
Tier 2 (Score 60)
Project Title: Reconfigure
intersection - Torre Ave at
Town Center Lane
$3,000 $271,000 $5,500.00 $68,365.00
12 Tier 2 (Score 60)
Project Title: Class III Bike Blvd
- Mary Ave to Portal Ave Bike
Blvd (#4)
N/A $75,000 $68,000.00
18 Tier 2 (Score 52)
Project Title: Class III Bike Blvd
- Civic Center to Jollyman Park
Bike Blvd (#1)
N/A $43,000 $5,500.00
Neighborhood #6 3
Tier 1 (Score 75)
Project Title: Class III Bike Blvd
- Tri School East/West Bike
Blvd (#7)
Conceptual
design
completed
Design to be
revisited with input
from neighborhood
$33,000 N/A $23,575.00 $293,037.25
7 Tier 1 (Score 69)
Project Title: Class III Bike Blvd
- West Cupertino North/South
Bike Blvd (#9)
$32,000 $24,400.00 $303,292.00
13 Tier 2 (Score 59)
Project Title: Class III Bike Blvd
- Tri-School North/South Bike
Blvd (#8)
$38,000 $4,400.00 $54,692.00
Bicycle Wayfinding Program N/A N/A N/A N/A N/A Complete N/A N/A N/A $60,000 $65k proposed Design complete $60,000 $65,000 8/17, 9/17 $469,000.00
TDA Article 3 = $166,259
$10,000,000 (through
construction)
Sources of Funding
$70,000
Design to be
revisited with input
from neighborhood
N/A
$300,000 (Study
only)
Current Estimated Cost
N/A
Total Design Costs = $170,000
Budget
6/20/2017
6/20/2017
Public Hearing
Bids rejected on
5/7/19
$242,941
Constructino of a bicycle/pedestrian bridge across
Stevens Creek Blvd at Carmen Rd $100,000.00 3/6/2018
10 N/A
N/A
3/18, 1/19, 2/19, 3/19
3/18, 1/19, 2/19, 3/19
$2,113,000.00
Tier 2 (Score 52)
Project Title: Class III Bike Blvd
- Civic Center to Sterling
Barnhart Park Bike Blvd (#2)
None to-dateIn Progress Yes
$100,000 added at mid-year FY
2018/19
Cost estimate based on May 29,
2019 consultant estimate + 10%
construction contingency,
$100,000 in utility relocation and
$100,000 in "other improvements"
$1,876,000.00 $100,000
100% Complete
Conceptual
design
completed
$565,565.00
Cross Reference
Neighborhoods #1 and #5
Spot Improvements within Neighborhoods #3 and
#7
Neighborhood #2
Bike Boulevards - Phase 1
Bike Boulevards - Phase 1A
N/A
5 Bike Boulevards - Phase 3 N/A
Bike Boulevards - Phase 2
Carmen Road Pedestrian/Bicycle Bridge
N/A
Project Narrative
Construction of Class IV bike lanes along Stevens
Creek Blvd between Foothill Blvd and Tantau
Avenue. Includes traffic signal mofications
throughout
Construction of Class IV bike lanes along McClellan
Rd between Byrne Ave and Torre Ave. Includes
traffic signal mofications at Bubb Rd, Stelling Rd
and De Anza Blvd
Status of Project
Conceptual
design
completed
Bulb-outs to be
completed with pop-
ups until project
rebid
100% Complete;
bids rejected.

Conceptual
design
completed
Class IV Separated Bike Lanes - McClellan
Phase 1A - Stelling to Imperial;
Phase 1B - Intersection Imps Bubb & Stelling;
Phase 2 - Stelling to Torre
Phase 3 - De Anza/Pacifica Intersection;
Phase 4 - Byrne to Imperial
Priority Assigned in:

Class IV Separated Bike Lanes - SCB
Phase 1: Wolfe to Tantau
Phase 2: Wolfe to Hwy 85
Phase 3: Hwy 85 to Foothill
N/A
Tier 2 (Score 62)
Project Title: Grade Separated
Crossing Study
Tier 1 (Score 70)
Project Title: Grade
Separated Crossing
11 Project Name
Original Estimate at Concept
N/A $68,365.00
N/A
N/A
N/A $5,500.00
N/A
$4.120,000
Phase 2: $1,900,000
Phase 3: $2,000,000
$7,266,000
Bike Plan Ped Plan Bike Plan Ped Plan Feasibility
Study Design Construction Changes in Scope Bike Plan Ped Plan Feasibility/
Concept
Study
Design Construction Comments Prior Years Funding Proposed FY19/20 Grants Donations Bicycle Pedestrian
Commission
City
Council
Historic De Anza Trail Study
Construction of a bicycle-pedestrian shared-use
path along the UPRR right-of-way within
Cuupertino city limits
4 10
Tier 1 (Score 71)
Project Title: Class I Path -
Union Pacific Trail
Tier 2 (Score 60)
Project Title: Shared-use path
- UPRR trail
$1,678,000 $1,678,000 $250,000
Mary Avenue Buffered Bike Lane 16 N/A
Tier 2 (Score 55)
Project Title: Class II Buffered
Bike Lane - Mary Ave
N/A $100,000 N/A $6,837 $68,365 $165,000 from Apple
Homestead Road @ Homestead High School
Pedestrian and Bicycle Improvement Project
Roadway and traffic signal improvements along
the Homestead Road frontage of Homestead High
School. Project is being completed through a
VERBS grant administrered by the City of
Sunnyvale with cooperation from the City of
Cupertino
19 N/A
Tier 2 (Score 49)
Project Title: Trail Crossing -
Homestead Rd/Mary Ave
N/A $10,000 N/A
Project is being funded through a
VERBS grant administered by the
City of Sunnyvale. Cupertino to
contribute $126,500 from Walk
Audit CIP
$1,000,000 VERBS grant and
$126,500 from Sunnyvale
McClellan Road Sidewalk Installation Phase 2 N/A 1 N/A
Tier 1 (Score 80)
Project Title: Sidewalk -
McClellan Rd, San Leandro to
Orange
Complete Complete Substantial
Completion N/A $2,040,000 $343,000 891,710 Several properties opted out $2,035,000 $2,465,000 from Apple
Orange Ave and Byrne Ave Sidewalk
Installation
Construction of sidewalks along Orange Avenue
between Granada and Alcazar N/A 3 N/A
Tier 1 (Score 75)
Project Title: Sidewalk -
Orange Ave, Granada to
Alcazar
Complete
65% Design
Complete,
awaiting ROW
Acquisition
Scheduled Start
Fall, 2020
Design changes
based on ROW
Acquisition
N/A $2,000,000 $57,062 255,234 2,350,000
Construction estimate based on
Byrne estimate + escalation
Design costs were shared with
Orange Save through 65%
includes $85,000 for each street
ROW svcs
Orange Ave and Byrne Ave Sidewalk
Installation
Construction of sidewalks along Byrne Ave
between McClellan and Granada N/A 4 N/A
Tier 1 (Score 70)
Project Title: Sidewalk - Byrne
Ave, McClellan to Granada
Complete 95% Design
Complete
Scheduled Start
Fall, 2019
Design changes
based on ROW
Acquisition
N/A $2,000,000 $57,062 244,080 2,200,000
Construction estimate based on
HMH estimate dated 5/19/19 +
10% for CM Services
Design costs were shared with
Orange Save through 65%
includes $85,000 for each street
ROW svcs
School Walk Audit Implementation N/A N/A N/A N/A N/A N/A $1,767,094 $250,000 $1,221,863 from Apple 8/17
Bubb Road Improvements N/A N/A N/A N/A N/A N/A $1,980,000 from Apple
Linda Vista Trail N/A N/A N/A N/A N/A N/A $595,500 8/17 Sources of Funding Public Hearing
Project Name Project Narrative
Cross Reference Priority Assigned in: Status of Project Original Estimate at Concept Current Estimated Cost Budget $1,275,438$3,888,000
No
Tier 2 (Score 48)
Project Title: Class I Path -
Regnart Creek Path
$380,000 design
and environmental
clearance
$2,000,000 3/18, 4/19Complete 65% Design Plans $158,000.00$664,000 $2,100,000.00 $250,000.00
20 Tier 1 (Score 70)
Project Title: Shared-use path
- Regnart Creek Trail
7 $2,293,000
Tier 1 (Score 67)
Project Title: Class I Path - I-
280 Channel Bike Path
DIL Funding : Apple Campus 2
= $250,000, Hyatt House =
$66,000, Interest = $3,650,
TOTAL = $319,650
Complete $2,293,000 No
$250,000 for
feasibility study and
$1,800,000 for
design from Apple
6 Constsruction of a bicycle-pedestrian shared-use
path along the Junipero Serra Channel between
the Don Burnett Bicycle Pedestrian Footbridge
and Calabazas Creek, and along Calabazas Creek
between the Junipero Serra Channel and Vallco
Parkway
Regnart Creek Trail
Junipero Serra Trail
Construction of a bicycle-pedestrian shared-use
path along Regnart Creek between Pacifica Dr and
E. Estates Dr
9 Tier 1 (Score 70)
Project Title: Shared-use path
- Junipero Serra Trail
595,500
Feasibility Study
approved on
8/21/2018
Project Updates on 3/21/18
and 10/17/18.

Recommendation for
approval on 12/19/18.

Feasibility Study
approved on
2/5/19 and
corrected on
5/21/19
1 CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: April 13, 2023
AgendaItem #2
Subject
Considerratifying AccountsPayablefor theperiodsendingFebruary10, 2023; February 17, 2023; February 24, 2023; and March 3, 2023.

RecommendedAction
A. Adopt Resolution no. 23-XXX ratifying Accounts Payablefor the Period ending February 10, 2023;
B. Adopt Resolution no. 23-XXX ratifying Accounts Payablefor the Period ending February 17, 2023;
C. Adopt Resolution no. 23-XXX ratifying Accounts Payablefor the Period ending February 24, 2023; and
D. Adopt Resolution no. 23-XXX ratifying Accounts Payablefor the Period ending March 3, 2023
Background:

Staff’s responsesto questions received from councilmembers are shown in italics.

Q1-Q6: Councilmember question (Chao)
Q1:

Shouldn’t theHomesteadHigh SchoolBike/Pedimprovementsbechargedto the Transportation or Traffic Fund instead of the General Fund? If not, why? Staffresponse: This questionis unrelatedto theagendaitem. Budget-relatedquestionswill be 2 addressedwhentheCity Manager’sproposedbudgetis consideredby Council.

Q2: Doesthis large amount get counted in actuals spent for bike/ped enhancements? Staffresponse: This questionis unrelatedto theagendaitem. Budget-relatedquestionswill be addressedwhentheCityManager’sproposedbudgetisconsideredbyCouncil.

Q3:

Shouldn’t the Parks & Recbrochure come out of their RecreationProgram Fund instead of the General Fund? If not, why?
Staffresponse: This questionis unrelatedto theagendaitem. Budget-relatedquestionswill be addressedwhentheCity Manager’sproposedbudgetis consideredby Council.

Q4:

What does the description “General Fund HSG – Q2” mean? Staffresponse: HSGis Cupertino’sHumanServicesGrant Program (HSG). Annually, theCity of Cupertinobudgets $125,000to issuegrantsto non-profit agenciesprovidingneededservicesto Cupertinoresidents. Thesegrantsarepaidfor fromGeneralFund dollars.

Q5-Q7: Councilmember questions (Mohan)
Q5: What do we pay ABAG $10,158for? (2/1/23)
Staffresponse: TheCity paystheAssociationofBayAreaGovernments (ABAG) for natural gas.

ABAG POWERconductspooledpurchasingofnatural gasonbehalfoflocalgovernmentsand specialdistricts in theBayAreawhovoluntarily join our program.

Q6: Maitri $5504 (2/21/23) -that'sasocialservicesagency, right? Staffresponse: Maitri is a nonprofit organizationbasedin theSanFranciscoBayAreathat primarily helpsfamiliesandindividualsfromSouthAsia (Afghanistan, Bangladesh, Bhutan, India, Nepal, Pakistan, Sri Lanka, andtheMaldives) facingdomesticviolence, emotionalabuse, cultural alienation, or family conflict. Maitri providescasemanagementservicesandhousing searchassistanceto adult residentsofCupertino.

Q7: 2/15/23, City paid City of SanJose $42,968for animal services? Staffresponse: TheCity paystheCity ofSanJosefor animalcontrolservices. TheCity ofSan Jose’s Animal CareandServicesprovidesshelterandfieldservicesto residentsofCupertino, as well asto residentsofSanJose, LosGatos, Milpitas, andSaratoga. 3 Attachments Provided with Original Staff Report:

A. Draft Resolution 2.10.23
B. Weekly AP Payment Registerfor the Period Ending 2.10.23 C. Draft Resolution 2.17.23
D. Weekly AP Payment Register for the Period Ending 2.17.23 E. Draft Resolution 2.24.23
F. Weekly AP Payment Registerfor the Period Ending 2.24.23 G. Draft Resolution 3.3.23
H. Weekly AP Payment Register for the Period Ending 3.3.23 From: Peggy Griffin
To: City Council
Cc: City Clerk
Subject: 2023-05-16 City Council Meeting Agenda Item #6-City Manager"s 3rd Qtr Budget Amendment Date: Tuesday, May 16, 2023 1:53:29 PM
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Dear City Council,

I’m not sure what the deadline rule is for pulling items but I am requesting that one of you please PULL AGENDA ITEM #6.

This is the City Manager’s 3
rd Quarter Budget Amendment. With all eyes on this topic, it would be appropriate to openly discuss this BEFORE you head into budget discussions this Wednesday and Thursday. Discussing openly about where we are right now and the last minute adjustments you are making now is important!

REQUEST: I hope one of you will PULL AGENDA ITEM #6

Thank you.

Sincerely,
Peggy Griffin
From: Tessa Parish
To: City Clerk
Subject: Comment for item #6 of CCC meeting 5/16/2023
Date: Tuesday, May 16, 2023 4:01:01 PM
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City Clerk,
Please submit this as my feedback for CCC meeting May 16th, 2023.

The city is in a potentially dangerous situation. it is important to be viable WITHOUT the use of the City's savings. Savings are for a rainy day, such as an unexpected tax bill.

On the subject of cutting expenses, assuming the idea is to be viable, the cuts need to reflect that.

1. There were proposed cuts to public grants but no cuts to the grant for the Historical Society. While I believe that preservation of historical items and history is important, I don’t think it should replace community grants that the community has become accustomed to and expecting.

The Historical Society does not have a Director to perform or oversee the work paid for by the grant. My suggestion is hold back the funds back until such time as they are ready to use the funds.

Another option is to cut both 50% so it’s fair to both. Please consider an option to pay funds that may not be used for several years.

2. I think that before cutting expenses from City events, we should consider cutting expenses by reduction of fee waivers, removing free rentals such as those provided to the Chamber of commerce. The chamber has money to pay for its fees.

2. I am thinking that if I can find these two items, there are others that could be found before the city uses of their savings or the sale of properties. Selling hard asses in my opinion should be a last resort.

Are there other places where the city is giving away funds that may reduce the chance of cutting community programs.

3.Please consider tighter oversight of expenses.

Adopt policies to prevent overspending such as:

0. Prior to spending, write a Purchase Order to be approved by the Dept Director.

1. if you spend it before it is approved by the Director you pay for it.

Ex. 2 If it’s a last-minute item then somebody didn’t plan ahead, you pay for it.

During the crash of 2010 our then manager talked to all the staff and ask them what for proposal on what they could do to help the company stay afloat. Everyone cut a little bit and we didn’t have to close.

During times of distress, most companies have to lay off staff. It appears that the city is increasing the number of staff? Has the population grown proportionally?
Lastly, if my income is being reduced and there is a potential of a large tax bill, I'm not going to buy a mansion. The city should consider earthquake retrofit instead of committing to a new City Hall that will likely incure additional costs, putting the city in more serious situation.

Best Regards,
Tessa Parish
Cupertino Resident
CC 05-16-2023
Written
Communications
Item #10
Consider rejection of all bids
for De Anza Blvd and
McClellan Interesection
From: Rhoda Fry
To: City Clerk; City Council
Subject: City Council May 16 Agenda #10 De Anza Boulevard ...

Date: Saturday, May 13, 2023 9:58:42 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,
Regarding City Council May 16 Agenda #10 De Anza Boulevard ...

Many thanks to Public Works director for watching out after our taxpayer money by rejecting all bids.

Regards, Rhoda Fry
CC 05-16-2023
Written
Communications
Item #12
Consider bids for 2023
Pavement Maintenance
Phase 1 Project
From: Rhoda Fry
To: City Clerk; City Council
Subject: City Council May 16 Agenda #12 pavement maintenance . . .

Date: Saturday, May 13, 2023 10:00:05 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,
Regarding City Council May 16 Agenda #12 pavement maintenance ...

Many thanks to Public Works director for watching out after our taxpayer money by rejecting all bids.

Regards, Rhoda Fry
CC 05-16-2023
Written
Communications
Item #13
Ordinance No. 23-2248
Stormwater Pollution
Prevention and
Watershed Protection
From: Peggy Griffin
To: City Council
Cc: City Clerk
Subject: 2023-05-16 City Council Meeting Agenda Item #13 FIRST READING Stormwater Pollution Prevention...QUESTIONS Date: Tuesday, May 16, 2023 5:53:16 PM
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Dear City Council and Staff,

I have comments regarding Attachment B – Draft Ordinance (Blackline).pdf. Comment2 is very concerning to residents.

COMMENT1: Should not delete “Bio-retention area” because it’s used in the ordinance.

PDF page 10 of 45 in new section 41

COMMENT2: This requirement regarding trash collection will cause problems with bulk trash pickups Does this mean we put the bulk items on the street at the curb? Does it mean Recology can’t say put it on the curb off the street in our driveways? My concern is that the city’s “right of way” can be 10-20 ft from the curb. Where exactly do we place our bulk items for pickup?

PDF Page 42 of 45 – Regarding Trash Collection

Sincerely,
Peggy Griffin
ITEM 13 First Reading – Amend Stormwater PolluƟon PrevenƟon and Watershed ProtecƟon

NOTE: AƩachment B – DraŌ Ordinance (Blackline).pdf

COMMENT1: Should not delete “Bio-retenƟon area” because it’s used in the ordinance.

PDF page 10 of 45 in new secƟon 41

PDF Page 42 of 45 – Regarding Trash CollecƟon

COMMENT2: This requirement regarding trash collecƟon will cause problems with bulk trash pickups - Does this mean we put the bulk items on the street at the curb? - Does it mean Recology can’t say put it on the curb oﬀ the street or in our driveways?

My concern is that the city’s “right of way” can be all the area 10-20 Ō from the curb. - Where exactly do we place our bulk items for pickup?
- Q: Will someone from the City tell Recology so you are both on the same page?

CC 05-02-2023
Written
Communications
Item #15
FY 2022-2023 City Work
Program
From: Rhoda Fry
To: City Clerk; City Council
Subject: City Council 5/16/2023 Agenda #15 Work Program Update Date: Monday, May 15, 2023 1:03:03 AM
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Dear City Council,

Regarding the Agenda #15 Work Program Update

If there is an item that is not likely to be built within the next 5 years, let’s please stop studying/planning it.

#6 Study Session on City Owned Properties
Why does it cost $90K to run a study session on city-owned properties? Let’s please go for low- hanging fruit. Selling Bryne is a no-brainer. Get it on the market while the weather is good. Please put it on the agenda and call it a day.

14. Cupertino Store Implementation
Than you for shelving the Cupertino store idea at a cost of $145K. I think there’s a much easier way of selling Cupertino bling.

21. Regarding the Golf Course – it has come up many times. Sad to see another $60K in trying to figure out what to do instead of fix it. Mature trees have died there over the years and have not been replaced. Very sad.

#27. Please consider increasing the TOT on the ballot for 2023. This is low-hanging fruit. I talked with a couple of hotels and the chamber of commerce and they seem to be okay with it. We only have a handful of hotels and I think that it would be fairly easy to get onto the ballot more quickly.

Moving forward, I’d like the City to study a head tax and square-footage commercial tax as is done in other cities.

Going to the CIP page, I was alarmed at a couple of things.

Please – let’s stop evaluating and just do the remodel of City Hall. A new City Hall just doesn’t make sense. Strangely, bundled within this project is a separate remodel of Community Hall. These are different buildings and should be split up. There is no urgency on fixing Community Hall. Let’s shelve changes to Community Hall.

Finally, there’s nothing to stop us from saving $ in the Q4 now – please, let’s be more careful with our tax dollars!

Regards,
Rhoda Fry
CC 05-02-2023
Written
Communications
Item #21
FY 2021-22 Annual
Comprehensive
Financial Report
From: Peggy Griffin
To: Kristina Alfaro; Jonathan Orozco, CPA; City Council Cc: City Clerk
Subject: 2023-05-16 City Council Meeting Agenda Item #21 - FY2021-22 Annual ACFR - QUESTIONS Date: Monday, May 15, 2023 1:39:58 AM
Attachments: image001.png
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Dear Finance Manager Orozco, Director Alfaro and City Council,

Q1: Why do the Expenses for “Law Enforcement” in the ACFR for 2021 and 2022 not match the Proposed Budget Attachment J-Law Enforcement (5-17-2023) expenditures for the same years?

Q2: Which numbers are correct?

Sincerely,
Peggy Griffin

2021 2022
ACFR Law Enforcement Expense $15,212,000 $16,100,000 Proposed Budget Att J-Law Enforcement $14,776,409 $15,715,815

ACFR Audit – FY 2021-22 ACFR

Page 28 of 131 ends

Proposed Budget Attachment J – Law Enforcement (May 17, 2023 agenda item 1)

Page 8 of 12 ends

From: Rhoda Fry
To: City Clerk; City Council
Subject: City Council May 16 Agenda #21 AFCR must be an Action Item, not Informational Item Date: Sunday, May 14, 2023 12:10:00 AM
Attachments: City Employment.pdf
Importance: High
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Dear City Council,

I am dismayed to see that Agenda #21 AFCR is an informational item. This item must be discussed as an action item. It is important to note that the auditor, not City staff, found three deficiencies, one of which could cause UNAUTHORIZED TRANSACTIONS.

How can we verify that there have been no unauthorized transactions?

As recommended by the report, please specify what the City has done to ensure the segregation of duties as recommended in the report and that all issues raised have been resolved. Please read the letter from Crowe llp.

I attended the Audit Committee wherein an earlier version of this document had been presented. It contained information that was easily 50 years out of date. It had said that the City Council appointed the City Treasurer and to my knowledge this has not happened in fifty years. It is good to know that I was heard and this error was corrected. Does anyone actually verify these reports?

Nevertheless, other errors remain and some were discussed in the meeting. There is no mention that Target at Main Street has closed. Doppio Zero restaurant is listed as one of the successful restaurants but it closed in 2020. The document also mentions Stein Mart as one of our retailers, which also closed in 2020. Likewise, page 108 mentions Seagate as being the 8 th
largest employer in Cupertino – to my knowledge, Seagate moved out around 2020. I am not about to vet this entire document. What I do know is that it has errors and that worries me.

At the meeting, I also mentioned my concern about the CDTFA audit, which is lacking in this otherwise rosy report. This statement in the cover letter dated March 31, 2023 simply does not pass the straight face test: “
Given these trends, the City’s sales tax revenue is projected to show a more modest increase going forward.” The report covers the time period to June 30, 2022 and at that time the CDTFA issues were known. Page 59 of the report mentions the probable reallocation of sales and use taxes – why was it omitted on the cover letter? As we know, this is a really big deal.

One of my questions at the audit committee was that the cost of Administration more than doubled from 2021 to 2022. Although the report makes some mention as to items that contributed to the increase, I would like to know how we got to double. At the meeting, Councilmember Mohan was kind enough to assure me that I would receive an answer to my question. This question remains unanswered. Note also that recreation and community services expenses quadrupled and I suppose that activities might still have been on hold in 2021.

I also asked about having greater transparency for other amenities that had enterprise funds in the past. Currently the only recreational facilities that are split out as enterprise funds are golf and sports center. Blackberry pool/picnic used to be combined with golf. But Blackberry pool/picnic never got its own fund and capital improvements there have been swallowed up under special projects, so we have no good visibility for its overall balance sheet. Similarly, the Senior Center had also operated as an enterprise fund and we have little transparency as to how much it is being subsidized. Especially now that we’re going to be tightening our financial belts, we need to have greater transparency.

Question – motor vehicle license fees increased by over 50%. Could that be that there were new vehicle purchases? If so, what happened to the old vehicles? Were they sold and where would that show up as income?

Please also take a look at the attached chart that shows City employment. Some areas have gotten quite fat over the years, especially Administration and Administrative services. This chart is worth looking at in the context of the budget.

Lastly, here’s my ask. Given that the scope of this report is quite narrow, we really need is a forensic auditor who can better organize our chart of accounts so that we have better transparency in order to make sound financial decisions.

Concerned Citizen,
Rhoda Fry
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CC 05-02-2023
Written
Communications
Item #22
Report regarding Sister
City Visit
From: Rhoda Fry
To: City Clerk; City Council
Subject: City Council May 16 Agenda #22 Sister City
Date: Saturday, May 13, 2023 10:03:24 PM
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Dear City Council,
If appropriate, I would like to hear commentary from the Mayor and the City Manager about their participation in the sister city trip to Taiwan and the additional work that they accomplished as planned for bringing economic development to our City.

Regards,
Rhoda Fry

Cupertino City CouncilMay 16, 2023

Cupertino City Council
May 16, 2023