CC 01-22-2025 Oral_Written Communications (Updated 1-24-25) — Cupertino City Council, January 22, 2025

CC 01-22-2025
Oral
Communications
Written Communications
From: Liang Chao
To: City Clerk
Cc: Peggy Griffin
Subject: Fw: 2025-01-22 City Council Meeting - Document Security and Accessibility Concern Date: Monday, January 20, 2025 7:41:27 PM
Please include in the written communication.

Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Liang Chao <[email protected]>
Sent: Monday, January 20, 2025 6:51 PM
To: Pamela Wu <[email protected]>
Cc: City Clerk <[email protected]>
Subject: Fw: 2025-01-22 City Council Meeting - Document Security and Accessibility Concern Is there any reason that most docs for the 1/22 council meeting are Word docs? I happen to have MS Word installed, I have no idea whether anyone is able to read the doc if they don't have MS Word installed?
For the staff report for the Stevens Creek Bike path, it opens in Word Doc, but the first page is all in white, including the text, so I cannot read the first page when the doc was opened.

Liang
Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Griffin <[email protected]>
Sent: Sunday, January 19, 2025 9:15 PM
To: City Council <[email protected]>
Cc: City Clerk <[email protected]>
Subject: Fwd: 2025-01-22 City Council Meeting - Document Security and Accessibility Concern 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.

Passing this info into the entire Council. Please address this issue ASAP! Peggy
Begin forwarded message:

From: Peggy Griffin <[email protected]>
Date: January 19, 2025 at 2:17:30 PM PST
To: Liang Chao <[email protected]>, Pamela Wu <[email protected]>, Kirsten Squarcia <[email protected]>
Subject: 2025-01-22 City Council Meeting - Document Security and Accessibility Concern

PLEASE INCLUDE THIS EMAIL AS PART OF WRITTEN COMMUNICATIONS FOR ORAL COMMUNICATIONS FOR THE ABOVE MEETING.

Dear Mayor Chao, City Manager Wu and City Clerk Squarcia, The documents associated with the upcoming January 22, 2025 City Council meeting are a combination of Microsoft WORD and PDF formats. In the past, all the documents have been in PDF format. My concerns regarding this change to allowing WORD documents as part of the public record are as follows:

1. Issues with using WORD documents
a. These documents are easily editable! Whereas a PDF document is not as easily altered by the average person.
b. When you send a WORD document to someone else for viewing, it can potentially look different depending on their templates and settings in their version of WORD. c. Access to WORD is not as prevalent as the PDF readers. Yes, Google has a tool that allows you to bring in a word document but it does not always “look the same”.
d. Record keeping over time…WORD backward compatibility will not be available in free versions whereas backward compatibility of PDF readers will be.

2. Using PDFs
a. They aren’t easily edited.
b. There are many free PDF readers AND browsers have PDF readers built into them. c. It standardizes the document format being used for city documents/records. d. Longevity/record keeping…it is more likely that the public will be able to read an old formatted PDF record but not as likely that old versions of WORD will be supported.

PLEASE go back to publishing all City Council Meeting documents in PDF format-insist on it! Also, set a standard that all city documents, particularly those related to city meetings be in PDF format. Thank you.

Sincerely,
Peggy Griffin
From: Liang Chao
To: City Clerk
Cc: Ying Dillaha
Subject: Fw: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
Date: Wednesday, January 22, 2025 9:37:45 AM
Dear Resident,
Thank you for reaching out with your comments.

Due to a change in the implementation of how written communication is collected for the upcoming council meeting, your email will not be included in the official record unless a councilmember forwards it to the City Clerk.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

I am submitting this comment at the request of my constituents to ensure that community voices are included in written communications of council meetings as requested, rather than at the discretion of councilmembers, which might inadvertently leave out some minority voices.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Ying Dillaha <[email protected]>
Sent: Monday, December 30, 2024 8:11 PM
To: City Council <[email protected]>; City Clerk <[email protected]> Subject: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
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 of Cupertino:
*Please include in written communications for the next city council meeting on January 22, 2025, however your immediate attention is called to this matter* I am writing as a resident of Cupertino to formally request that the City require a full Environmental Impact Report ("EIR") for the proposed Summerhill development of 51 units at Evulich Court, also sometimes referred to interchangeably as "Linda Vista".

This project poses significant potential risks to the neighborhood, including impact to 60+ year old infrastructure, traffic, fire safety, drainage, and other critical concerns. A full EIR is the minimum standard necessary to ensure these risks are properly assessed, documented, and addressed. Without a comprehensive study, the full extent of the impact cannot be understood, let alone mitigated.

We also urge the City to categorically avoid issuing a waiver or adopting a negative declaration in lieu of a proper EIR. Both approaches would fail to provide the necessary scrutiny for a project of this magnitude in a longstanding and sensitive neighborhood. Without an EIR, there is no basis for informed decision-making or accountability to the community.

Residents expect that the City fully evaluates all potential impacts before making any decisions regarding this development. Anything less would fail to meet the City’s obligations to its residents and the principles of responsible planning.

Thank you for your time and consideration. We look forward to your acknowledgement of this request.

Sincerely,
Ying Sosic
11137 Linda Vista Drive, Cupertino
From: Liang Chao
To: City Clerk
Cc: Sandeep Chopra
Subject: Fw: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
Date: Wednesday, January 22, 2025 9:37:03 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Sandeep Chopra <[email protected]>
Sent: Tuesday, December 31, 2024 10:48 AM
To: City Council <[email protected]>; City Clerk <[email protected]>; Pamela Wu <[email protected]>; Luke Connolly <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Emi Sugiyama <[email protected]>; City of Cupertino Planning Commission <[email protected]>
Subject: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
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 of Cupertino, Councilmembers, Staff and Planning Commission:

Please include in written communications for the next city council meeting on January 22, 2025. However, I urge your immediate attention to this matter.

I am writing as a resident of Cupertino to formally request that the City require a full Environmental Impact Report ("EIR") for the proposed Summerhill development of 51 units at Evulich Court, also sometimes referred to interchangeably as "Linda Vista".

Residents expect that the City fully evaluates all potential impacts before making any decisions regarding this development. Anything less would fail to meet the City's obligations to its residents and the principles of responsible planning.

Thank you for your time and consideration. I look forward to your acknowledgement of this request.

Sincerely,
Sandeep Chopra
11204 Mount Crest Dr.,
Cupertino, CA 95014
From: Liang Chao
To: City Clerk
Cc: James Choi
Subject: Fw: [Urgent] Request for a Full Environmental Impact Report (EIR) for the Proposed SummerHill Development at Evulich Court (Linda Vista)
Date: Wednesday, January 22, 2025 9:36:42 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: James Choi <[email protected]>
Sent: Tuesday, December 31, 2024 11:32 AM
To: City Council <[email protected]>; City Clerk <[email protected]>; Pamela Wu <[email protected]>; Luke Connolly <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Emi Sugiyama <[email protected]>; City of Cupertino Planning Commission <[email protected]>
Subject: [Urgent] Request for a Full Environmental Impact Report (EIR) for the Proposed SummerHill Development at Evulich Court (Linda Vista)
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 of Cupertino, Councilmembers, Staff and Planning Commission:

Please include in written communications for the next city council meeting on January 22, 2025. I also urge your immediate attention to this matter.

I am writing as a resident of Cupertino to formally request that the City require a full Environmental Impact Report ("EIR") for the proposed SummerHill development of 51 units at Evulich Court, also sometimes referred to interchangeably as "Linda Vista".

Thank you for your time and consideration. We look forward to your acknowledgement of this request.

Sincerely,
James Choi (11093 Bel Aire Ct, Cupertino)
From: Liang Chao
To: City Clerk
Cc: AR. Yazdi
Subject: Fw: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
Date: Wednesday, January 22, 2025 9:35:58 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: AR. Yazdi <[email protected]>
Sent: Tuesday, December 31, 2024 11:53 AM
To: Liang Chao <[email protected]>; Kitty Moore <[email protected]>; Sheila Mohan <[email protected]>; J.R. Fruen <[email protected]>; Ray Wang <[email protected]> Subject: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
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 Councilmembers,
Please include in written communications for the next city council meeting on January 22, 2025. However, I urge your immediate attention to this matter.

Without a comprehensive study, the full extent of the impact cannot be understood, let alone mitigated.

Thank you for your time and consideration. We look forward to your acknowledgement of this request.

Sincerely,
Ahmad R. Yazdi
10807 Linda Vista Drive
Cupertino CA 95014
(408) 888-9399
From: Liang Chao
To: City Clerk
Cc: Mehrnaz Yazdi
Subject: Fw: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
Date: Wednesday, January 22, 2025 9:35:28 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Mehrnaz Yazdi <[email protected]>
Sent: Tuesday, December 31, 2024 12:58 PM
To: City Council <[email protected]>; City Clerk <[email protected]>; Pamela Wu <[email protected]>; Luke Connolly <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Emi Sugiyama <[email protected]>; City of Cupertino Planning Commission <[email protected]>
Subject: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
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 of Cupertino, Councilmembers, Staff and Planning Commission:

Please include in written communications for the next city council meeting on January 22, 2025.

However, I urge your immediate attention to this matter.

Thank you for your time and consideration. We look forward to your acknowledgement of this request.

Sincerely,
Mehrnaz Yazdi
10807 Linda Vista Drive
Cupertino CA 95014
(408) 888-9387
(408) 888-9399
From: Liang Chao
To: City Clerk
Cc: Srinivas Raghvendra
Subject: Fw: Requesting full EIR review of the proposed Summerhill project (Evulich Court) Date: Wednesday, January 22, 2025 9:35:26 AM
Attachments: Request for EIR - Email.docx
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Srinivas Raghvendra <[email protected]>
Sent: Tuesday, December 31, 2024 7:36 PM
To: City Council <[email protected]>; City Clerk <[email protected]>; Pamela Wu <[email protected]>; Luke Connolly <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Emi Sugiyama <[email protected]>; City of Cupertino Planning Commission <[email protected]>
Subject: Re: Requesting full EIR review of the proposed Summerhill project (Evulich Court) 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.

On Tue, Dec 31, 2024 at 6:38 PM Srinivas Raghvendra <[email protected]> wrote:

Dear Council members and staff,
This is a formal request for a full EIR review for the Summerhill/Evulich Court project as fully detailed in the attached document.

Your neighbor,
Srinivas Raghvendra
22004 Baxley Ct, Cupertino, CA 95014
From: Liang Chao
To: City Clerk
Cc: mir ghaderi
Subject: Fw: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
Date: Wednesday, January 22, 2025 9:35:22 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: mir ghaderi <[email protected]>
Sent: Wednesday, January 1, 2025 12:10 PM
To: City Council <[email protected]>; City Clerk <[email protected]>; Pamela Wu <[email protected]>; Luke Connolly <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Emi Sugiyama <[email protected]>; City of Cupertino Planning Commission <[email protected]>
Subject: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
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 of Cupertino, Councilmembers, Staff and Planning Commission:

Please include in written communications for the next city council meeting on January 22, 2025. However, I urge your immediate attention to this matter.

I am writing as a resident of Cupertino to formally request that the City require a full Environmental Impact Report ("EIR") for the proposed Summerhill development of 51 units at EvulichCourt, also sometimes referred to interchangeably as "Linda Vista".

Thank you for your time and consideration. We look forward to your acknowledgement of this request.

Sincerely,
Mir B Ghaderi
10880 Santa Teresa Dr.

Cupertino, CA 95014
From: Liang Chao
To: City Clerk
Cc: Shubha Raghvendra
Subject: Fw: Requesting full EIR review of the proposed Summerhill project (Evulich Court) Date: Wednesday, January 22, 2025 9:34:50 AM
Attachments: EIR request.pdf
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Shubha Raghvendra <[email protected]>
Sent: Wednesday, January 1, 2025 11:11 AM
To: City Council <[email protected]>; City Clerk <[email protected]>; Pamela Wu <[email protected]>; Luke Connolly <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Emi Sugiyama <[email protected]>; City of Cupertino Planning Commission <[email protected]>
Subject: Requesting full EIR review of the proposed Summerhill project (Evulich Court) CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Council members and staff,
This is a formal request for a full EIR review for the Summerhill/Evulich Court project as fully detailed in the attached document.

Your neighbor,
-Shubha Raghvendra
22004 Baxley Ct, Cupertino, CA 95014
From: Liang Chao
To: City Clerk
Cc: Yinghua Huang
Subject: Fw: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Linda Vista Dr
Date: Wednesday, January 22, 2025 9:32:26 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Yinghua Huang <[email protected]>
Sent: Friday, January 3, 2025 9:43 PM
To: Liang Chao <[email protected]>; Sheila Mohan <[email protected]>; Ray Wang <[email protected]>; Pamela Wu <[email protected]>; Luke Connolly <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Emi Sugiyama <[email protected]>; City of Cupertino Planning Commission <[email protected]>
Subject: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Linda Vista Dr
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 of Cupertino, Councilmembers, Planning Staff and Planning Commission:

Please include in written communications for the next city council meeting. However, your immediate attention is called to this matter.

I am writing as a resident of Cupertino to formally request that the City require a full Environmental Impact Report ("EIR") for the proposed Summerhill development of 51 units at 10857 Linda Vista Dr, also sometimes referred to interchangeably as "Evulich Court" under application number ASA-2024-015.

We also urge the City to categorically avoid granting an exception or adopting a negative declaration in lieu of a proper EIR. Both approaches would fail to provide the necessary scrutiny for a project of this magnitude in a longstanding and sensitive neighborhood. Without an EIR, there is no basis for informed decision-making or accountability to the community.

Thank you for your time and consideration. We look forward to your acknowledgement of this request.

Sincerely,
Yinghua
From: Liang Chao
To: City Clerk
Cc: Nick Williams
Subject: Fw: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Linda Vista Dr
Date: Wednesday, January 22, 2025 9:31:21 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Nick Williams <[email protected]>
Sent: Friday, January 3, 2025 11:41 PM
To: Liang Chao <[email protected]>; Kitty Moore <[email protected]>; Sheila Mohan <[email protected]>; J.R. Fruen <[email protected]>; Ray Wang <[email protected]>; Pamela Wu <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Emi Sugiyama <[email protected]>; City of Cupertino Planning Commission <[email protected]>
Subject: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Linda Vista Dr
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 of Cupertino, Councilmembers, City Manager, Planning Staff and Planning Commission:

Your immediate attention is called to this matter. Separately, please also include in written communications for the next city council meeting.

I am writing as a resident of Cupertino to formally request that the City require a full Environmental Impact Report ("EIR") for the proposed Summerhill development of 51 units at 10857 Linda Vista Dr, also sometimes referred to interchangeably as "Evulich Court" under application number ASA-2024-015.

Thank you for your time and consideration. We look forward to your acknowledgement of this request.

Sincerely,
Nicholas
From: Liang Chao
To: City Clerk
Cc: Saba Sathya
Subject: Fw: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
Date: Wednesday, January 22, 2025 9:30:39 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Saba Sathya <[email protected]>
Sent: Sunday, January 5, 2025 5:57 PM
To: Kitty Moore <[email protected]>; Liang Chao <[email protected]>; Sheila Mohan <[email protected]>; [email protected] <[email protected]>; Ray Wang <[email protected]>; Pamela Wu <[email protected]>; Luke Connolly <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Emi Sugiyama <[email protected]>; City of Cupertino Planning Commission <[email protected]>
Subject: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
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 of Cupertino, Councilmembers, Staff and Planning Commission:

Please include in written communications for the next city council meeting on January 22, 2025. However, I urge your immediate attention to this matter.

I am writing as a resident of Cupertino to formally request that the City require a full Environmental Impact Report ("EIR") for the proposed Summerhill development of 51 units at EvulichCourt, also sometimes referred to interchangeably as "Linda Vista".

Thank you for your time and consideration. We look forward to your acknowledgement of this request.

Sincerely,
Saba Sathya
22023 Baxley Court
Cupertino, CA 95014
From: Liang Chao
To: City Clerk
Cc: Unique Family
Subject: Fw: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
Date: Wednesday, January 22, 2025 9:29:54 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Unique Family <[email protected]>
Sent: Sunday, January 5, 2025 6:04 PM
To: Kitty Moore <[email protected]>; Liang Chao <[email protected]>; Ray Wang <[email protected]>; Sheila Mohan <[email protected]>; [email protected] <[email protected]>; Pamela Wu <[email protected]>; Luke Connolly <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Emi Sugiyama <[email protected]>; City of Cupertino Planning Commission <[email protected]>
Subject: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
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 of Cupertino, Councilmembers, Staff and Planning Commission:

Please include in written communications for the next city council meeting on January 22, 2025. However, I urge your immediate attention to this matter.

I am writing as a resident of Cupertino to formally request that the City require a full Environmental Impact Report ("EIR") for the proposed Summerhill development of 51 units at EvulichCourt, also sometimes referred to interchangeably as "Linda Vista".

Thank you for your time and consideration. We look forward to your acknowledgement of this request.

Sincerely,
Selvi Sathya
22023 Baxley Court
Cupertino, CA 95014
From: Liang Chao
To: City Clerk
Cc: Nancy Chang
Subject: Fw: *Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Linda Vista Dr*
Date: Wednesday, January 22, 2025 9:28:47 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Nancy Chang <[email protected]>
Sent: Sunday, January 5, 2025 9:58 PM
To: Liang Chao <[email protected]>; Sheila Mohan <[email protected]>; Ray Wang <[email protected]>; Pamela Wu <[email protected]>; City Council <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Luke Connolly <[email protected]>; Emi Sugiyama <[email protected]>; City of Cupertino Planning Commission <[email protected]>; [email protected] <[email protected]>; Kitty Moore <[email protected]>
Subject: *Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Linda Vista Dr*
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 of Cupertino, Council members, Planning Staff and Planning Commission:

Please include in written communications for the next city council meeting. However, your immediate attention is called to this matter.

I am writing as a resident of Cupertino to formally request that the City require a full Environmental Impact Report ("EIR") for the proposed Summerhill development of 51 units at 10857 Linda Vista Dr, also sometimes referred to interchangeably as "Evulich Court" under application number ASA-2024-015.

Thank you for your time and consideration. We look forward to your acknowledgement of this request.

Sincerely,
Nancy Wu
From: Liang Chao
To: City Clerk
Cc: Akila Natarajan
Subject: Fw: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Linda Vista Dr
Date: Wednesday, January 22, 2025 9:27:22 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Akila Natarajan <[email protected]>
Sent: Friday, January 10, 2025 1:39 PM
To: Luke Connolly <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Pamela Wu <[email protected]>; City Council <[email protected]>; City Clerk <[email protected]>
Subject: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Linda Vista Dr
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 of Cupertino, Councilmembers, Planning Staff and Planning Commission:

Please include in written communications for the next city council meeting. However, your immediate attention is called to this matter.

I am writing as a resident of Cupertino to formally request that the City require a full Environmental Impact Report ("EIR") for the proposed Summerhill development of 51 units at 10857 Linda Vista Dr, also sometimes referred to interchangeably as "Evulich Court" under application number ASA-2024-015.

Thank you for your time and consideration. We look forward to your acknowledgement of this request.

Sincerely,
Regards,
Akila
-- Akila Natarajan
From: Liang Chao
To: City Clerk
Cc: David Yan
Subject: Fw: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
Date: Wednesday, January 22, 2025 9:27:03 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: David Yan <[email protected]>
Sent: Thursday, January 16, 2025 6:30 PM
To: City Council <[email protected]>; City Clerk <[email protected]>; Pamela Wu <[email protected]>; Pamela Wu <[email protected]>; Luke Connolly <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Emi Sugiyama <[email protected]>; City of Cupertino Planning Commission <[email protected]>; Liang Chao <[email protected]>; Kitty Moore <[email protected]>; Ray Wang <[email protected]>; Sheila Mohan <[email protected]>; J.R. Fruen <[email protected]> Subject: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
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 of Cupertino, Councilmembers, City Manager, Planning Staff and Planning Commission:

Please include in written communications for the next city council meeting. However, your attention is called to this urgent matter ahead of the meeting.

I am writing as a resident of Cupertino to formally request that the City require a full Environmental Impact Report ("EIR") for the proposed Summerhill development of 51 units at 10857 Linda Vista Dr, under application number ASA-2024-015.

Thank you for your time and consideration.

Sincerely,
David
From: Liang Chao
To: City Clerk
Cc: [email protected]
Subject: Fw: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
Date: Wednesday, January 22, 2025 9:26:46 AM
Attachments: Request for EIR (Evulich Court)- Email.pdf Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: [email protected] <[email protected]>
Sent: Monday, January 13, 2025 10:26 AM
To: City Council <[email protected]>; City Clerk <[email protected]>; Pamela Wu <[email protected]>; Luke Connolly <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Emi Sugiyama <[email protected]>; City of Cupertino Planning Commission <[email protected]>
Subject: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
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 see attached.

Thank you.

Stephen and Anne Yang
From: Liang Chao
To: City Clerk
Cc: Helena Cohen
Subject: Fw: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
Date: Wednesday, January 22, 2025 9:23:00 AM
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Helena Cohen <[email protected]>
Sent: Sunday, January 19, 2025 5:27 PM
Subject: Request for a Full Environmental Impact Report (EIR) for the Proposed Summerhill Development at Evulich Court (Linda Vista)
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 of Cupertino:
*Please include in written communications for the next city council meeting on January 22, 2025, however your immediate attention is called to this matter* ås a resident of Cupertino, I would like to formally request that the City require a full Environmental Impact Report ("EIR") for the proposed Summerhill development of 51 units at Evulich Court, also known as the "Linda Vista".

This project poses significant potential risks to the neighborhood, including 60+ year old infrastructure, as well as traffic, fire safety, drainage, and other critical concerns. A full EIR is the minimum standard necessary to ensure these risks are properly assessed, documented, and addressed. Without a comprehensive study, the full extent of the impact cannot be understood, let alone mitigated.

Thank you for your time and consideration. We look forward to your acknowledgement of this request.

Sincerely,--
Helena Cohen
408.313.2899
From: Liang Chao
To: City Clerk
Cc: V Lentfer
Subject: Fw: Request for Full EIR on Evulich and Concern with builder proposed waivers in document “Preliminary Application, 10857 Linda Vista Drive, June 13, 2024”
Date: Wednesday, January 22, 2025 9:22:13 AM
Attachments: image.png
Dear Resident,
Thank you for reaching out with your comments.

Dear City Clerk,
Please enter the enclosed communication as written communication for the upcoming council meeting from a councilmember, per CMC 2.08.100.

Thank you for your attention to this matter.

Regards,
Liang
~ Cupertino City Council (elected in 2018, re-elected in 2022) Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: V Lentfer <[email protected]>
Sent: Sunday, January 19, 2025 7:11 PM
To: City Council <[email protected]>; City Clerk <[email protected]>; Pamela Wu <[email protected]>; Luke Connolly <[email protected]>; Piu Ghosh (she/her) <[email protected]>; Emi Sugiyama <[email protected]>; City of Cupertino Planning Commission <[email protected]>; Liang Chao <[email protected]>; Ray Wang <[email protected]>
Cc: Jim Lentfer <[email protected]>
Subject: Request for Full EIR on Evulich and Concern with builder proposed waivers in document “Preliminary Application, 10857 Linda Vista Drive, June 13, 2024” 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.

Thank you for your time and consideration. We look forward to your acknowledgement of this request.

I am also re-copying below, an email that my husband Jim Lentfer sent earlier (and who has never received a response) regarding concerns about waivers requested by Summerhill for the project. Summerhill Homes has not demonstrated that the project becomes infeasible without them.

Sincerely, Veronica Lentfer
---------- Forwarded message ---------
From: Jim Lentfer <[email protected]>
Date: Fri, Dec 20, 2024 at 10:53 AM
Subject: Fwd: Concern with builder proposed waivers in document “Preliminary Application, 10857 Linda Vista Drive, June 13, 2024”
To: <[email protected]>, <[email protected]>
Councilmember Chao and Councilmember Moore:

Congratulations on your recent selections by the Council Members as our new Major and Vice-Major.

The following email was sent previously and (according to a neighbor) now that a project has been formally submitted, the comment period is open, and the email below is relevant.

I am also very happy to know that according to the recent Cupertino Courier:
'Chao said. "I will ensure we put residents first" '
It is unfortunate that the City's website, under "Major Projects" does not list Evulich as "Under Review". It is my understanding from a neighbor that Summerhill has provided a formal application and the project is under review. The City's lack of information on the website does not meet the Council's stated goal of public engagement & transparency:

How can Cupertino residents know that the project is in the short window for comments, if the City's website does not offer accurate project information, and thus the opportunity for engagement? Can you please look into the website information? Can you also review the comments raised in the email below? Thank you,
Jim Lentfer, resident
---------- Forwarded message ---------
From: Jim Lentfer <[email protected]>
Date: Mon, Dec 16, 2024 at 10:57 PM
Subject: Fwd: Concern with builder proposed waivers in document “Preliminary Application, 10857 Linda Vista Drive, June 13, 2024”
To: Luke Connolly <[email protected]>, Pamela Wu <[email protected]> Hello Luke. I heard from a neighbor that summer hill has submitted plans. I believe my comments previously sent to you still have valid points. Please consider pushing back on these waivers as summerhill has not demonstrated that the project becomes infeasible without them.

Thank you, Jim Lentfer.
---------- Forwarded message ---------
From: Jim Lentfer <[email protected]>
Date: Tue, Oct 1, 2024 at 12:10 PM
Subject: Concern with builder proposed waivers in document “Preliminary Application, 10857 Linda Vista Drive, June 13, 2024”
To: Luke Connolly <[email protected]>, <[email protected]>, Pamela Wu <[email protected]>, <[email protected]>, <[email protected]> Dear City Clerk,
Please include the below as written communications for items not on agenda for the upcoming city council meeting.

Mayor Sheila Mohan
Cupertino City Council Members
City Manager Pamela Wu
City Planners Luke and Piu
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Subject: Document “Preliminary Application, 10857 Linda Vista Drive, June 13, 2024” Dear Mayor, Cupertino City Council Members, and City Manager Wu:

I am writing to express my concern regarding the proposed waivers shown in the subject preliminary application for the project at Evulich Court. I believe that allowing these waivers will have severe impacts on the existing neighborhood. I do not believe that the builder has provided the necessary evidence that waivers of development standards are required (showing that otherwise the development standards would have the effect of physically precluding the construction of this new development at the densities required).

Please note that all adjoining homes to the Evulich Court properties are a mix of one and two story homes. Specifically, the builder is requesting multiple waivers that would significantly deviate from standard requirements:

1. Height Waiver: The proposal is for buildings up to 39 feet high, which is 9 feet higher than the current 30-foot limit for the R3 zone in the area, and significantly higher than other buildings in the neighborhood. I believe that the height can easily be reduced (without making the project infeasible) with modifications such as:
a. Reduction in story heights from 9 feet to 8 feet (this would have the additional benefit of smaller conditioned space volume leading to long term energy savings and reduction of global warming impact).
b. Utilizing low-slope gable or hip roofs, low-slope parapet roofs, mansard roofs, or dormer-style roofs, or a combination of these roof styles. c. Use of an underground parking structure.

2. Setback Waiver: The plan includes setbacks as small as 11 feet (first floor) and 15 feet (second floor) for Linda Vista Drive “front” street side, compared to the standard 20 feet for first and second floors. The builder could meet the required setback without waivers (without making the project infeasible) with modifications such as:
a. Revise the site plan to accommodate the required setback by pushing the project to the west.
b. Revise the floor plans to accommodate the required setback. c. Use of an underground parking structure.

3. Floor Area Coverage Waiver: The proposed floor area ratio is 127% of the net lot area, far exceeding the standard 70% maximum. The builder should be required to justify the need for this waiver, without which the project would become infeasible.

4. Parking Waiver: The plan proposes 2.6 parking spaces per unit, below the required

2.8 spaces per unit. The builder could meet the required parking requirements without waivers (without making the project infeasible) with modifications such as:
a. Revising the site plan to accommodate the required parking. b. Use of an underground parking structure
These builder proposed waivers would result in a development that is dramatically out of character with the surrounding neighborhood, and could lead to significant negative impacts:

1. The extreme contrast in building height and proximity to property lines will significantly impact the privacy, sunlight, and overall quality of life for neighboring residents.

2. The reduced parking requirements could lead to increased street parking and traffic congestion in an area not designed for such density.

I believe modifications to the proposed development could provide a solution that addresses both the need for increased housing and the community's desire to preserve the essential character of the neighborhood, all while adhering to established development standards. There might also be long term energy savings and reduction in global warming.

In light of these concerns and the proposed alternative, I ask that the City Council maintain oversight of any waivers considered for the subject development, add agenda item(s) at the earliest possible meeting prior to formal responses to the builder, and to provide ample notice to all affected residents to ensure their participation in this crucial discussion.

Thank you for your attention to this matter. I look forward to your prompt response confirming the scheduling of any agenda items and to participating in a thorough discussion of these critical issues relating to waivers at Evulich Court.

Sincerely,
Jim Lentfer
22024 Baxley Court
From: Liang Chao
To: City Clerk
Cc: Pamela Hershey
Subject: Fw: 4th of July Celebrations
Date: Wednesday, January 22, 2025 9:19:05 AM
Although this email was sent before the agenda was posted, please include it in the written communication of the 1/22 council meeting.

Liang
Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Pamela Hershey <[email protected]>
Sent: Monday, January 6, 2025 10:20 AM
To: City Clerk <[email protected]>
Subject: 4th of July Celebrations
Dear City Clerk,
Please include in written communications for the upcoming city council meeting.

Dear Mayor Chao, Cupertino Council Members, City Manager Wu, and Director Sander, We are deeply concerned to learn that there are no plans for evening celebrations, including fireworks, on July 4th this year. Our city must prioritize celebrating our nation’s Independence Day with the respect and grandeur it deserves. Evening festivities, especially fireworks, are a cherished tradition and a vital part of fostering community pride and unity.

We urge the Mayor and Council to take immediate action to ensure the return of a fullday July 4th celebration, including evening fireworks AND Blackberry Farm festive events. If funding is the issue, we are asking that a special council meeting be called to direct staff to identify and allocate the necessary resources. This must include funding for evening fireworks and also restoring the daytime celebrations at BlackBerry Farm.

Additionally, we request that any events be designed to prioritize Cupertino residents either by limiting to residents only or significantly higher pricing for non-residents. In the past, the cancellation of BlackBerry Farm events was attributed to overcrowding, yet the proportion of non-resident attendees was not disclosed. To prevent such issues, we propose limiting attendance to residents or implementing significantly higher pricing for non-residents. These measures would ensure that our community has the opportunity to enjoy these events.

This council has an opportunity to show that it values what matters most to residents by taking swift action to restore these celebrations. If you do not act now it will risk repeating the disappointment of recent years when July 4th celebrations were diminished or canceled altogether. Meanwhile, residents are left questioning why priorities are skewed toward wasteful consultant projects instead of meaningful traditions like this one.

The time to act is now. I call on you to take immediate steps to secure funding and planning for the 4th of July celebrations, including fireworks, so that our community can come together in a way that honors this important day. Let’s make this year’s celebration one that truly reflects the pride and values of Cupertino.

Thank you for your attention to this matter. We look forward to seeing decisive action to restore and enhance these beloved traditions.

Sincerely,
William and Pamela Hershey
From: Liang Chao
To: City Clerk
Cc: Santosh Rao
Subject: Fw: PDF format informational memos.

Date: Wednesday, January 22, 2025 8:59:50 AM
Attachments: image.png
image.png
image.png
image.png
image.png
Dear City Clerk,
Please include this email thread in the written communication of the 1/22 council meeting.

Thanks,
Liang
Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Teri Gerhardt, CGCIO <[email protected]>
Sent: Wednesday, January 15, 2025 2:41 PM
To: Liang Chao <[email protected]>; P; Pamela Wu <[email protected]>; City Clerk <[email protected]> Subject: Re: PDF format informational memos.

Dear Mayor Chao,
Thank you for taking the time to share your detailed feedback—it’s incredibly helpful as we work to improve the user experience.

We wanted to let you know that we have limited control over certain aspects of the application's capabilities, but we are actively exploring potential solutions and enhancements. We’re also working on creating clearer messaging to help users navigate these functionalities more effectively.

For the issue on mobile devices, it’s important to ensure that pop-ups are not blocked in the browser settings. We’ll make sure to include this information in our messaging to help users access the "Open as PDF" seamlessly.

We appreciate your patience and understanding as we continue to explore ways to enhance the usability of the digital archive. Your feedback is invaluable in helping us identify areas for improvement.

Thanks again, and please don’t hesitate to share any additional suggestions! Best regards,
Teri Gerhardt, CGCIO
Chief Technology Officer
Innovation Technology
[email protected]
(408) 777-3311
From: Liang Chao <[email protected]>
Sent: Wednesday, January 15, 2025 12:44 PM
To: Teri Gerhardt, CGCIO <[email protected]>; Santosh Rao <[email protected]>; Pamela Wu <[email protected]>; City Clerk <[email protected]> Subject: Re: PDF format informational memos.

Suggestions....

The info memo page provides no instruction on how to use the "digital archive".

I indeed appreciate the fact that the info memos are stored on the digital archive so that they become a permanent part of the city records, rather than only living on a web page which might be removed later.

Below shows the info memo page with no instruction: https://www.cupertino.gov/memos However, it is indeed confusing in how to save a document as PDF, even when visiting it from a laptop.

I remember that I was at a loss for a while and felt frustrated before I found out that the Print icon shows "Print (as PDF") when hovered over. But that's not obvious until I hover over it.

Could we add a popup message when the digital archive page is visited to inform people how to save a document? Or simply add a button for "Export to PDF".

The popup message is confusing too. It sayd "Download & Print". Since I don't want to print, I didn't click that button. After I realized there is no other option, I clicked on "Download & Print".

Then, I found that "Download & Print" in fact did not "Print". It merely downloaded the file and then opened it up in another browser tab.

Then, the user of the word "Print" is confusing to the user. The user of the word "Download" is confusing too.

To a common user, a button which says "Open as PDF" makes more sense. Since I would then expect it to open in another tab (or current tab) as PDF, which is in fact the function of the "Download & Print" button.

And, It seems there is no way to copy/paste the text at all from the embedded viewer, which makes it not user friendly at all.

I found that after I opened it as PDF, I was able to copy & paste from the in-browser PDF viewer.

When I view the info memo page on a mobile phone, I have no way to "hover" over the Print icon. So, I have no way to view the doc as a PDF. When I clicked on the Print button, a popup message allows me to "Download". But I am on a mobile phone, I don't want to download it to the Files section on my phone. I just wish to view it on my phone as a normal PDF. So, I didn't want to click on "Download & Print".

But since the popup message is wider than my phone screen, I found I don't know to close the popup message. I realized that I couldn't see the entire popup message until I turned my phone horizontal. Then, I can see the cancel button and I was able to close the popup.

After I learned that "Download & Print" actually is "Open as PDF", I clicked on that in my phone.

I see a message that a PDF is being created. Then, the message disappears. And I did not see the PDF at all. I saw the page with the embedded viewer.

Since the PDF is not opened in another tab or this tab, I am not able to access that PDF at all.

Maybe it is downloaded to some place on my phone. But I have no idea where it is.

As a result, the "Open as PDF" function does not work on my iPhone, from the user's point of view.

I hope this is helpful.

Thanks,
Liang
Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Teri Gerhardt, CGCIO <[email protected]>
Sent: Thursday, December 19, 2024 12:00 PM
To: Santosh Rao <[email protected]>; City Council <[email protected]>; Pamela Wu <[email protected]>; City Clerk <[email protected]> Subject: Fw: PDF format informational memos.

Hi Santosh,
Thank you for following up! I sent my responses on the same day.

The Info Meno link opens quickly and offers efficient options for zooming and searching within the document, which has been greatly appreciated by our senior users for its accessibility and usability. For those who prefer to view the document as a PDF, that option is also readily available on both the web and mobile versions, as I highlighted in my earlier email.

Wishing you a joyful holiday season!
Best regards,
Teri Gerhardt, CGCIO
Chief Technology Officer
Innovation Technology
[email protected]
(408) 777-3311
From: Teri Gerhardt, CGCIO <[email protected]>
Sent: Tuesday, December 10, 2024 12:13 PM
To: Santosh Rao <[email protected]>
Subject: Re: PDF format informational memos.

Hi Santosh,
The print-to-PDF option is already available on the mobile version. On smaller phones, like mine, it might not be immediately visible, but it does display on larger phones. If your phone is similar to mine, you can access the option by tapping the ellipsis menu.

I hope this helps! Let me know if you have any other questions.

Best regards,
Teri Gerhardt, CGCIO
Chief Technology Officer
Innovation Technology
[email protected]
(408) 777-3311
From: Santosh Rao <[email protected]>
Sent: Tuesday, December 10, 2024 11:43 AM
To: Teri Gerhardt, CGCIO <[email protected]>; City Council <[email protected]>; Pamela Wu <[email protected]>; City Clerk <[email protected]> Subject: Re: PDF format informational memos.

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 Teri,
Thank you for your response.

Unfortunately this is not resident friendly and does not make for a resident optimized experience. Our senior residents cannot discover these complex steps. Further it does not work on mobile devices for more savvy users.

The city should not assume people browse these on desktops. Today’s savvy users do everything on mobile devices.

On a mobile device this option is missing.

Further when I switch to desktop view while the option exists it requires me to specify number of pages and I have to guess how many pages the doc is. Then even getting that right the option does not work.

All this just furthers the perception that staff is making it harder for residents to find and search information.

The informational memos used to be part of council agendas.

In another move to reduce stakeholder transparency these were taken out of council agenda packets. At first they were pdf format docs and so the difference was minimal. Soon the city took away the pdf format and replaced with this digital archive that makes it hard to read, search, or even convert to pdf.

All these just seem like more complex steps that hinder resident ease of access to information.

I am copying city council on this. I request staff and council to restore pdf format docs for informational memos and convert existing informational memos back to pdf format.

If we need to save on costs let’s find other places to cut costs. Perhaps the go nowhere consultant studies and consultants need to be cut, not resident ease of access to critical docs.

Thank you for your prioritizing resident access to critical information.

Thanks,
Santosh Rao
On Tuesday, December 10, 2024, 11:27 AM, Teri Gerhardt, CGCIO <[email protected]> wrote:

Dear Santosh,
Thank you for your feedback and for bringing this to our attention.

When you click on an informational memo link, it directs you to our document management system, where all of our City records reside. From there, you can generate a PDF by selecting the print button, which provides the option to print to PDF format (see steps below). While this process may involve a couple of additional clicks for the end user, it streamlines internal workflows and helps limit the overage storage costs on our website.

I hope this clarifies the process and addresses your concerns. If you have any questions or encounter any issues, please don’t hesitate to reach out. We’re happy to assist further.

Best regards,
Teri Gerhardt, CGCIO
Chief Technology Officer
Innovation Technology
[email protected]
(408) 777-3311
From: Santosh Rao <[email protected]>
Sent: Monday, December 9, 2024 6:41 PM
To: Teri Gerhardt, CGCIO <[email protected]>
Subject: PDF format informational memos.

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.
https://www.cupertino.org/our-city/city-council/council-informational-memos Hi Teri,
Could the city please post pdf format informational memos rather than digital archives for ease of reading and downloads. This is done today for Cupertino council and commission documents.

I request the city IT department to please address this as the informational memos used to be PDFs early on and have since switched to digital archive format. These are not optimal for downloads or reading.

Appreciate if the city can please kindly post pdf format documents. Thank you.

Thanks,
Santosh Rao
From: Liang Chao
To: City Clerk
Cc: Santosh Rao
Subject: Fw: Urgent Action Needed to Restore July 4th Celebrations, Including Fireworks Date: Wednesday, January 22, 2025 9:03:21 AM
This email was sent before the agenda was posted, even though it is on one of the agenda items.

Please include this email thread in the written communication of the 1/22 council meeting.

Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Santosh Rao <[email protected]>
Sent: Monday, January 6, 2025 8:55 AM
To: City Council <[email protected]>; Pamela Wu <[email protected]>; Rachelle Sander <[email protected]>
Subject: Urgent Action Needed to Restore July 4th Celebrations, Including Fireworks Subject: Urgent Action Needed to Restore July 4th Celebrations, Including Fireworks Dear Mayor Chao, Cupertino Council Members, City Manager Wu, and Director Sander, I am deeply concerned to learn that there are no plans for evening celebrations, including fireworks, on July 4th this year. Our city must prioritize celebrating our nation’s Independence Day with the respect and grandeur it deserves. Evening festivities, especially fireworks, are a cherished tradition and a vital part of fostering community pride and unity.

I urge the Mayor and Council to take immediate action to ensure the return of a full-day July 4th celebration, including evening fireworks AND Blackberry Farm festive events. If funding is the issue, I ask that a special council meeting be called to direct staff to identify and allocate the necessary resources. This must include funding for evening fireworks and also restoring the daytime celebrations at BlackBerry Farm.

Additionally, I request that any events be designed to prioritize Cupertino residents either by limiting to residents only or significantly higher pricing for non-residents. In the past, the cancellation of BlackBerry Farm events was attributed to overcrowding, yet the proportion of non-resident attendees was not disclosed. To prevent such issues, I propose limiting attendance to residents or implementing significantly higher pricing for non-residents. These measures would ensure that our community has the opportunity to enjoy these events.

This council has an opportunity to show that it values what matters most to residents by taking swift action to restore these celebrations. Failing to act in a timely manner risks repeating the disappointment of recent years when July 4th celebrations were diminished or canceled altogether. Meanwhile, residents are left questioning why priorities are skewed toward wasteful consultant projects instead of meaningful traditions like this one.

The time to act is now. I call on you to take immediate steps to secure funding and planning for July 4th celebrations, including fireworks, so that our community can come together in a way that honors this important day. Let’s make this year’s celebration one that truly reflects the pride and values of Cupertino.

Thank you for your attention to this matter. I look forward to seeing decisive action to restore and enhance these beloved traditions.

Sincerely,
San Rao (Cupertino resident)
From: Liang Chao
To: City Clerk
Cc: Ravi Kiran Singh Sapaharam
Subject: Fw: Homeless Encampments Need Immediate Attention Date: Thursday, January 23, 2025 8:33:01 AM
Please include this in the written communication of 1/22 council meeting.

Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Ravi Kiran Singh Sapaharam <[email protected]> Sent: Wednesday, January 22, 2025 11:41 AM
To: City Council <[email protected]>; City Clerk <[email protected]>; Pamela Wu <[email protected]>; City Council <[email protected]> Subject: Homeless Encampments Need Immediate Attention
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include this in written communications for the 01/22/25 meeting:

Dear Mayor Chao, City Council Members, and Manager Wu,
I’m reaching out because the homeless encampments around Cupertino have gotten out of hand, and it’s clear something needs to be done. These areas are becoming unsafe, unhealthy, and unpleasant for residents, and it feels like the city isn’t taking action fast enough.

Here are the locations that need immediate attention:

Behind Target on Alves Drive: This spot has turned into a major safety concern, and nearby families and businesses are being unfairly impacted.

Northwest corner of Stevens Creek Blvd and DeAnza Blvd: This is a busy area, and the encampment here is bringing down the look and feel of the whole neighborhood.

Northwest corner of McClellan Rd and DeAnza Blvd: This one is especially troubling because it blocks the sidewalk, making it dangerous for kids and anyone walking through.

It’s frustrating to see these issues grow without a real solution. Residents shouldn’t have to deal with this kind of mess in our neighborhoods. These are public spaces, and they need to be clean, safe, and open for everyone to use.

I hope the city steps up and handles this soon. It’s time to put the community first and take action to address these encampments.

Thank you,
Ravi Kiran Singh
Cupertino Resident
From: Liang Chao
To: City Clerk
Cc: Santosh Rao
Subject: Fw: Urgent Action Needed: Eviction of Homeless Encampments Following Supreme Court Ruling Date: Thursday, January 23, 2025 8:32:19 AM
Please include this in the written communication of 1/22 council meeting.

Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Santosh Rao <[email protected]>
Sent: Wednesday, January 22, 2025 11:30 AM
To: City Council <[email protected]>; Pamela Wu <[email protected]>; City Clerk <[email protected]>
Subject: Urgent Action Needed: Eviction of Homeless Encampments Following Supreme Court Ruling CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include in written communications for the 01/22/25 meeting.

Subject: Urgent Action Needed: Eviction of Homeless Encampments Following Supreme Court Ruling
Dear Mayor Chao, Cupertino City Council Members, and Manager Wu, I am writing to request urgent action to address the critical issue of homeless encampments in Cupertino, in light of the recent Supreme Court ruling in City of Grants Pass, Oregon v.

Johnson. This landmark decision overturns the Ninth Circuit’s previous position, affirming that enforcing ordinances regulating camping on public property does not violate the Eighth Amendment. Combined with Governor Newsom’s recent executive order prioritizing the clearing of encampments, Cupertino now has both the legal framework and state-level directive to act decisively.

There are three specific locations in Cupertino where a homeless encampment urgently needs to be cleared:

1. Behind Target on Alves Drive: This encampment has led to growing safety and hygiene concerns, impacting nearby residents and businesses. It is a great disservice to residents in that area to have to live with this by their homes.

2. Northwest corner of Stevens Creek Blvd and DeAnza Blvd: This highly visible encampment near the heart of the city has significantly affected the surrounding community.

3. Northwest corner of McClellan Rd and DeAnza Blvd: The encampment at this location is on a narrow sidewalk and makes the sidewalk unusable and poses a safety risk to kids and women who need to walk past this. It poses a public safety risk and hinders the proper use of public space.

Homeless encampments in these locations have created serious concerns related to public safety, hygiene, and the quality of life for residents. Immediate action is needed to restore order, cleanliness, and a sense of security to these spaces.

The Supreme Court’s ruling and the Governor’s order provide a clear mandate for Cupertino to act without delay. I respectfully urge the City Council to initiate the process to clear these encampments immediately. This action is essential to safeguard the well-being of our residents, preserve our public spaces, and uphold the standards that make Cupertino a desirable place to live and work.

This is not merely a legal responsibility but a moral imperative. Our community deserves safe and clean public areas. I trust the Council, Mayor and city manager to show the necessary leadership to address this pressing issue promptly and effectively.

Thank you for your attention to this matter. I look forward to seeing timely and decisive action to restore hygiene and public safety to these three locations.

Sincerely,
San Rao
From: [email protected] <[email protected]>
Date: Tuesday, January 21, 2025 at 10:35 PM
To: Liang Chao <[email protected]>, Kitty Moore <[email protected]>, Sheila Mohan <[email protected]>, J.R. Fruen <[email protected]>, Ray Wang <[email protected]>
Subject: Letter to the City Council re: Evulich Ct.

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.

January 22, 2025
City Council
Dear City Council
I’m Mark Fantozzi and I live at 10915 Linda Vista Dr. My wife and I have lived there for 42 years.

The City has harmed the residences in the vicinity of Evulich Ct. We were not notified of the rezoning of the property as was done for the city-wide rezoning of property in the Housing Element. The Evulich property was on the list of properties under consideration but was not included in the city-wide notice in 2022. The property was added in early 2024 and the notice went out by e-notification, the website and a notice in the Courier. Reliance on having people search the website, the limited number of people signed up for e-notification, and the low circulation of the Courier meant that only about 1% of the population saw the notice.

None of the residences in the vicinity of the property had any knowledge of the rezoning. 750 residences signed a petition in opposition to the rezoning and the lack of notification. The previous City Council seemed uninterested in our concerns. We are expecting the new City Council to take interest in the citizens they represent.

The lack of notification did not allow us to present our concerns in a public hearing. We believe the limited notification was deliberate. The City could just have easily used the same written notification as was done in 2022. Furthermore, a property about 2 miles from Evulich Ct. on McClellan received a sign on the property providing notice of rezoning and the date of the public hearing. The Evulich property had no such sign.

Because there are significant questions concerning the lack of notification, the seemingly purposeful attempt by the City to limit the number of people being notified, we are requesting that the Summerhill application be put on hold until a third-party independent investigation is conducted to assess whether the conditions of notification were proper and if there were outside influencers involved in the rezoning of the Evulich property.

The third-party independent investigator shall be mutually agreed to by the City and a representative of the neighborhood coalition. The investigator shall have subpoena authority of the city planning department, city staff, city manager, city clerk, director of community development, city attorney and any outside party that has direct involvement with the project.

As a result of the rezoning, the City has put our property and neighborhood at significant risk. The City waived the CEQA requirements for rezoning as part of a settlement agreement thereby eliminating a challenge to the rezoning based on the significant impacts to the neighborhood. The subject property is near tree covered open space that poses a high fire risk. The higher density puts the neighborhood at significant risk as demonstrated by the recent fires in California. Californians are struggling to find home insurance. The planned development will result in structures substantially taller than the surrounding buildings, increasing the fire danger. For me, the project is essentially placing a 40’ high stack of kindling 20’ from my house.

The City has taken the above action in response to the Housing Act SB330, allowing expediated approvals without regard to impacts to the neighborhood. This project will make homes surrounding the property uninsurable thereby reducing our property values or worse make our homes unsellable. My home insurance policy was cancelled at renewal because of the high fire risk and it was difficult to find replacement insurance. If this happens again, the development will make it impossible. It’s imperative that the City Council take this condition under consideration when evaluating this development.

The Evulich property was zoned R1 Single Family with a minimum lot size of 7500 sq ft. The infrastructure in our neighborhood was built over 60 years ago, designed to support 11 houses on this property. The proposed development will have 5 times the demand on services than this aged system was designed for. In addition, the development will increase the impervious service area by 65% increasing the flood potential. Because the Planning Department has not demonstrated its willingness to protect the property rights of the residences, we cannot expect the Planning Department to look out for our interest in reviewing the proposed development application. Therefore, we require the following:

1. A full and complete EIR that will also include the following analyses:
a. Full and complete drainage study covering at least 35 acres surrounding the property to validate the drainage capacity of the system with the increase in impervious surface. b. Fire water flow analysis utilizing actual flow test results from the fire hydrants on Linda Vista Drive from Hyannisport up to and including Linda Vista Park. The flow analysis will include the entire SJ Waters system influenced by the fire demand up to and including the pump stations. The analysis will include a resiliency study for standby power and provide for reliability for seismically induced pipe strains for ground motion up to 8.0M earthquake. c. Domestic water analysis for peak demands.
d. Site specific ground motion in accordance with ASCE7-22. Recent studies indicate fault activity in California is accelerating. EIR Uniform California Earthquake Rupture Forecast, Version 3 (UCERF3) estimates a greater than 99% chance of one or more magnitude 6.7 or larger earthquakes striking California.
e. Sanitary sewer flow will be done to include all flows to the main trunk line. f. Traffic study to include time-of-day analysis and not just level of service. g. Egress analysis considering evacuation due to an earthquake or fire. h. All of these studies will be subject to review by independent experts representing the residences.

2. Summerhill shall provide to residences within a 900’ radius of any point of the Evulich property that reaches any portion of the residences’ property, regardless if it reaches a structure, annual fire insurance at an annual premium of $900 for full value including full cost of repairs or rebuilding and current code compliance for 10 years. The coverage shall be transferable. Summerhill will make up any difference in premium costs charged by the insurances carriers and may deduct the estimated cost of insurance from the purchase price of the property. The premium money shall be set aside in trust before the project is approved. This condition can only be cancelled before 10 years if regular insurance is less than or equal to $900/year for 3 consecutive years or the 10 years expires Respectfully
Mark Fantozzi.

CC 01-22-2025
Item No. 2
Proclamation to
Taiwanese Cultural and
Sports Association
Written Communications
From: Liang Chao
To: City Clerk
Cc: 林宏達; Anita Hong; Rita Chiang; CY Chang; Henry Liu
Subject: Presentation for the proclamation for the TCSA and Kids Fun Festival Date: Wednesday, January 22, 2025 8:56:15 AM
Attachments: 20250122_TCSA Prtesentation in Cupertino Council Meeting.pptx Dear City Clerk,
Please enter the enclosed email and the attached presentation to the written communication for the 1/22 Council meeting.

Thanks,
Liang
Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Hungta Lin <[email protected]>
Sent: Monday, January 20, 2025 10:46 PM
To: Liang Chao <[email protected]>
Cc: Kirsten Squarcia <[email protected]>; Kitty Moore <[email protected]>; Anita Hong <[email protected]>; Rita Chiang <[email protected]>; CY Chang <[email protected]>; Henry Liu <[email protected]>; [email protected] <[email protected]>; City Clerk <[email protected]> Subject: Re: Warm Greetings and Request for Support for 2025 Kids Fun Festival Dear City Clerk,
Attached please find our presentation. We will join the meeting at 6:45PM. I, Hungta Lin (2025 President of TCSA), will deliver the presentation, and Anita Hong (Founder of TCSA) will receive the proclamation. Does this arrangement work for you? Thank you,
Hungta
On Sun, Jan 19, 2025 at 8:00 PM Hungta Lin <[email protected]> wrote:

Dear Mayor Chao,
Thank you for the information. No worries, we are available to join the meeting at 6:45 PM.

I, Hungta Lin (2025 President of TCSA), will deliver the presentation, and Anita Hong (Founder of TCSA) will receive the proclamation. Does this arrangement work for you? Our presentation material will be shared with the city clerk and you by tomorrow (1/20).

Additionally, we will have 4-5 other members attending and joining the group photo with the Council Members.

Thank you,
Hungta
On Fri, Jan 17, 2025 at 4:19 PM Liang Chao <[email protected]> wrote:

I apologize for the back-and-forth change on the meeting start time. The start time of a regular council meeting is 6:45pm on the first and third Tuesday of each month. But due to the Monday holiday, the 1/21 meeting was moved to Wednesday 1/22. However, the start time should have been kept at 6:45pm as all other regular meetings to be consistent.

We had some internal misunderstanding on this and it has been clarified.

Thus, the start time for the Wednesday 1/22 council meeting would be 6:45pm as all other regular meetings.

Please advise the city clerk who will be attending the 1/22 meeting to receive the proclamation and make a presentation.

You have 6 minutes for the presentation.

Liang
International Kids Fun Festival (KFF) Since 2010
2012 2013 2014 2015 2016 2017
2018 2019 2021 2022 2023 2024
Performances
• Kids Hip-hop Dance
• Kung Fu
• Azerbaijani Dances
• Danish Singing
• Clogging Dance
• Cambodian Khmer Dance
• Indian Bharatanatyam
• Chinese Diablo Showcase
• Korean Traditional Dance
International Village
• Japan
• India
• Iran
• Cambodia
• Azerbaijan
• Taiwan
• Laos
• Uzbekistan
• Israel
• Sweden
• France
• USA
Delicious Food
• Cotton Candy
• Shaved Ice
• Popcorn Chicken
• Red Bean Cakes
• Boba Tea
• Taiwanese Street Food
• Scallion Pancake
• Sugarcane Juice
• French crepes
• Filipino street food
Games/Activities
• Ring Toss
• Pinball
• Goldfish Scooping
• Pony Rides
• Petting Zoo
• Bounce House
• Choo Choo Train
• DIY Wooden toys
• Drone Soccer
and so much more!
KFF Event Highlights
Full day of fun! Free Admission!
Celebrating Heritage and Embracing the Colorful Spectrum of Cultures 15th International Kids Fun
Festival (KFF)
Saturday, August 23, 2025
Cupertino Memorial Park
Taiwanese Cultural and
Sports Association
 Taiwanese Cultural and Sports Association (TCSA) is a nonprofit, 100% volunteer-run organization, founded by
Dr. Hung and Dr. Anita in 2010.
 TCSA is committed to promoting intercultural friendship and diversity through community events in the Bay Area.

In 2025, we will organize two major events (KFF in Aug & Taiwanese American Cultural Festival in May).
 TCSA actively encourages young Taiwanese Americans to engage in cultural and sports activities, thereby
strengthening collaboration between the Taiwanese
community and other communities.

Kids Fun Festival (KFF) and TCSA
https://www.tcsausa.org/
International Kids Fun Festival (KFF)
serves a platform to showcase the beauty
and richness of Cupertino to our diverse
community of attendees across the Bay
Area.

Kids Fun Festival x City of Cupertino
Cupertino City Council can support
KFF in many ways including: waiving the
park rental fee, connecting us with
cultural groups, providing advertising
opportunities, and joining the event, etc.

City of Cupertino
CC 01-22-2025
Item No. 3
Proclamation to Shin
Shin Educational
Foundation
Written Communications
From: Liang Chao
To: City Clerk
Cc: Betty Yuan; Yiqing Yang; [email protected]
Subject: Presentation for Shin Shin Educational Foundation Date: Wednesday, January 22, 2025 8:51:23 AM
Attachments: Shin Shin Educational Foundation - presentation to the City of Cupertino 1-22-2025.pdf Please enter this email and the attachment to the written communication for the 1/22 council meeting.

Thanks,
Liang
Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Betty Yuan <[email protected]>
Sent: Tuesday, January 21, 2025 11:44 PM
To: Liang Chao <[email protected]>; Kirsten Squarcia <[email protected]>; Pamela Wu <[email protected]>; City Clerk <[email protected]>; Serena Tu <[email protected]>; Tina Kapoor <[email protected]> Cc: Yiqing Yang <[email protected]>; [email protected] <[email protected]>; Betty Yuan <[email protected]>; [email protected] <[email protected]>
Subject: RE: Draft proclamation for Shin Shin Educational Foundation Dear Mayor Liang Chao:

Attached please find the PPT for the January 22 Cupertino Council meeting when Chairperson Steve Ting introduced Shin Shin Educational Foundation. Please put in your meeting agenda and file.

Please let me know if you have any questions.

Thanks,
betty
From: Betty Yuan <[email protected]>
Sent: Tuesday, January 21, 2025 2:53 PM
To: Liang Chao <[email protected]>; Kirsten Squarcia <[email protected]>; Pamela Wu <[email protected]>; City Clerk <[email protected]>; Serena Tu <[email protected]>; Tina Kapoor <[email protected]> Cc: Yiqing Yang <[email protected]>; [email protected]; Betty Yuan <[email protected]>
Subject: RE: Draft proclamation for Shin Shin Educational Foundation Dear Mayor Chao:

Thank You so much for coming to shin shin Educational Foundation annual event on 1/19/25 and bring Shin Shin Day certificate to us in person.

On the 1/22/25 ( Wednesday ) council meeting, Shin Shin Chair person Steve Ting and one of our volunteer Chin Lin will be there around 6:45 and Chair person Steve Ting will be a representative to make a presentation and both of them will receive a proclamation .

I will email PPT to you shortly.

Thanks,
betty
From: Liang Chao <[email protected]>
Sent: Friday, January 17, 2025 4:15 PM
To: Kirsten Squarcia <[email protected]>; Pamela Wu <[email protected]>; Betty Yuan <[email protected]>; City Clerk <[email protected]>; Serena Tu <[email protected]>; Tina Kapoor <[email protected]> Cc: Yiqing Yang <[email protected]>; [email protected] Subject: Re: Draft proclamation for Shin Shin Educational Foundation Ms. Yuan,
I apologize for the back-and-forth change on the meeting start time. The start time of a regular council meeting is 6:45pm on the first and third Tuesday of each month. But due to the Monday holiday, the 1/21 meeting is moved to Wednesday 1/22. However, the start time should have been kept at 6:45pm as all other regular meetings to be consistent.

We had some internal misunderstanding on this and it has been clarified.

Thus, the start time for the Wednesday 1/22 council meeting would be 6:45pm as all other regular meetings.

Please advise the city clerk who will be attending the 1/22 meeting to receive the proclamation and make a presentation or comment.

Regards,
Liang
Liang Chao
Mayor
City Council
[email protected]
408-777-3192
Shin Shin Educational Foundation (SSEF)
– Background, Mission, and its Volunteering and Service Effort • Established in 1997, a California registered all-volunteer local non-profit service organization, with the mission to address the educational needs for disadvantaged teachers and children in rural and remote China
• The effort includes to reconstructing those rundown elementary schools’ buildings, supplying needed classroom equipment, and providing professional development and training for rural teachers
• Over the years, SSEF has helped 365 rural schools in 26 provinces all over China, benefiting over 500,000 children and 3,500 teachers
• SSEF, a PLATFORM connecting many like-minded volunteers and local community organizations in Cupertino and neighboring cities to provide not only the opportunity to address the rural children’s needs in China, but also participate in local service activities

Shin Shin youth volunteering in
- Local Art Program
➢ Participating in colorful mind art workshop
in Cupertino library to foster creativity
within and provide support to
neurodivergent children
➢ Participating in RAFT to build school education kits from donated materials
Shin Shin youth volunteering in
- Local Food Services
➢ CityTeam
➢ Second Harvest Food Bank
➢ ROLF Food Pantry
Shin Shin youth volunteering in
- Local Environment and Ecosystem
➢ Rose pruning in Municipal Rose
Garden
➢ Participating in Grassroots Ecology in
native plants restoration
Shin Shin youth volunteering in
- Local Turkey Trots
➢ Volunteering in
local Turkey Trots
on Thanksgiving
morning to
support local
charities
Shin Shin youth volunteering in
- Animal Assisted Happiness
➢ Volunteering in AAH farm activities
CC 01-22-2025
Item No. 4
Budget Study
Session for onetime funds
Written Communications
From: Rhoda Fry
To: City Clerk; City Council
Subject: 1/22/25 City Council Item #4
Date: Wednesday, January 22, 2025 6:04:14 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.

Please vote YES to postpone the Budget Study Session.

We need the full council present in order to have a comprehensive discussion on the city’s “one-time” funds.

CC 01-22-2025
Item No. 7
Joint Use Agreement for
Continued Public
Access to Santa Clara
Water District property
Written Communications
From: Sunil Malkani
To: Shuling Weng
Cc: City Clerk; Theresa Horng; Liang Chao; Kitty Moore; Ray Wang; Sheila Mohan; J.R. Fruen; Neeta Malkani; [email protected]; Santosh Rao
Subject: Re: Request that item #7 on the 1/22/2025 agenda be pulled and voted on separately.

Date: Tuesday, January 21, 2025 7:37:13 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 Clerk:

I would also like to be included in written communications for the upcoming city council meeting regarding this matter.

Sunil and Neeta Malkani
On Tue, Jan 21, 2025 at 7:30 PM Shuling Weng <[email protected]> wrote:

Dear City Clerk:

I would like to be included in written communications for the upcoming city council meeting regarding this matter.

Thanks,
,
Best regards,
Shuling Weng
Cupertino resident
Sent from my iPhone
On Jan 21, 2025, at 2:51 PM, Sunil Malkani <[email protected]> wrote:

Dear Cupertino Mayor Chao, Cupertino Vice Mayor Moore and City Councils members:

I too second this. Please remove #7 from the 1/22 agenda. Besides all the points mentioned by Shuling and Theresa below, there are many legal and safety ramifications of this and those need to be addressed before making any ruling on it.

I have as recently as last week seen a couple of people walking with torches late at night around 9:30 on this illegal trail and the police dept is not willing to patrol that area. The creekside area being a riparian area also needs to be protected. The creek being a very important part of the biodiversity and ecosystem also will have no protection from dog walkers (seeing a few off leash dogs) or random people venturing into it out of curiosity.

Sunil & Neeta Malkani
On Thu, Jan 16, 2025 at 10:24 PM Shuling Weng
<[email protected]> wrote:

Dear Cupertino Mayor Chao, Cupertino Vice Mayor Moore and City Councils members:

We fully endorse everything Theresa mentioned in her email. She has clearly, concisely, and directly addressed our points. Additionally, we would like to emphasize a few more points:

First, Cupertino already has numerous parks and trails for people to walk or hike. The special interest groups who illegally created a trail in our neighborhood do not live here. They show no regard for preserving natural landscapes or considering the impacts and concerns their actions bring to our communities. The actions of these groups can have long-lasting negative effects on our community. Their lack of consideration for local residents' concerns and the environment demonstrates a disregard for our well-being.

Unauthorized trails can become a financial burden for Cupertino, as they require maintenance and oversight. These resources could be better allocated towards preserving natural areas and addressing more pressing community needs.

Furthermore, natural landscapes often hold historical and cultural significance. Preserving these areas honors our local heritage and maintains the natural beauty that defines our community.

We strongly demand that item #7 on the 1/22/2025agenda be pulled and voted on separately.

Thanks !
Shuling Weng ( Cupertino resident)
Sent from my iPhone
On Jan 16, 2025, at 8:48 PM, Theresa Horng
<[email protected]> wrote:

Dear Cupertino Mayor Chao, Cupertino Vice Mayor Moore and City Councils members:

Our neighbors demand that item #7 on the 1/22/2025 agenda be pulled and voted on separately.

Due to global warming, we strongly believe that preserving natural landscapes is crucial for environmental health and community resilience. The Valley Water District Property and the entire Stevens Creek riparian zone play a vital role in our ecosystem and should be maintained in their natural state for several reasons:

1. Biodiversity Conservation: Natural areas support a wide variety of plant and animal species. Preserving these areas helps maintain biodiversity, which is essential for
ecosystem balance and resilience.

2. Water Quality Improvement: Natural riparian zones act as buffers, filtering pollutants and sediments from runoff before they enter water bodies. This process improves the quality of water in streams and reservoirs, benefiting both wildlife and human populations.

3. Flood Control: Maintaining natural vegetation along
waterways helps absorb and slow down runoff during
heavy rains. This reduces the risk of flooding, particularly in areas like ours that are prone to such events.

4. Climate Regulation: Trees and other vegetation sequester carbon dioxide, a major greenhouse gas contributing to
global warming. By keeping these areas natural, we can
help mitigate climate change effects by absorbing carbon emissions.

5. Erosion Prevention: Natural vegetation stabilizes soil and prevents erosion. This is especially important in riparian zones, where erosion can degrade water quality and harm aquatic habitats.

Given these significant benefits, we urge that the Valley Water District Property and the Stevens Creek riparian zone be preserved in their natural state. This approach aligns with broader environmental goals and ensures the sustainability and safety of our community in the face of global warming.

Additionally, regarding the Cupertino Draft Joint Use Agreement #7 on Graffiti Removal, the city is supposed to have primary responsibility for removing graffiti on the premises related to trail use. However, I have concerns about Cupertino City's ability to manage this effectively. Many of us have lived in Cupertino for more than two decades, and the graffiti under Stevens Creek Blvd has remained untouched by the city for twenty years.

Please see the attached pictures showing the graffiti under the bridge.

Again, we strongly demand that item #7 on the 1/22/2025 agenda be pulled and voted on separately, see follows:

Agenda

7. Subject: Authorization to execute a Joint Use Agreement for Continued Public Access to Santa Clara Valley Water District property situated along a portion of Stevens Creek Trail.

Recommended Action: Authorize the City Manager to
execute a new Joint Use Agreement with Santa Clara
Valley Water District for ongoing access to the
District's property situated along a portion of the Stevens Creek Trail.

Attached pictures of graffiti under the bridges for decades and City agenda and agreements.
cc the neighbors who are concerned about this issue.

We appreciate your attention to this matter.

Best regards,
Theresa Horng
Cupertino Resident
[email protected]
408-772-2328
<Agenda.pdf>
<Staff Report.docx>
<A â???? Draft Joint Use Agreement.pdf>
<IMG_3921.HEIC>
<IMG_3917.HEIC>
<IMG_3909.HEIC>
<IMG_3916.HEIC>
--
Sunil Malkani
--
Sunil Malkani
From: Shuling Weng
To: City Clerk
Cc: Theresa Horng; Liang Chao; Kitty Moore; Ray Wang; Sheila Mohan; J.R. Fruen; Neeta Malkani; [email protected]; Santosh Rao; Sunil Malkani
Subject: Re: Request that item #7 on the 1/22/2025 agenda be pulled and voted on separately.

Date: Tuesday, January 21, 2025 7:31:33 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 Clerk:

I would like to be included in written communications for the upcoming city council meeting regarding this matter.

Thanks,
,
Best regards,
Shuling Weng
Cupertino resident
Sent from my iPhone
On Jan 21, 2025, at 2:51 PM, Sunil Malkani <[email protected]> wrote:

Dear Cupertino Mayor Chao, Cupertino Vice Mayor Moore and City Councils members:

Sunil & Neeta Malkani
On Thu, Jan 16, 2025 at 10:24 PM Shuling Weng <[email protected]> wrote:

Dear Cupertino Mayor Chao, Cupertino Vice Mayor Moore and City Councils members:

We fully endorse everything Theresa mentioned in her email. She has clearly, concisely, and directly addressed our points. Additionally, we would like to emphasize a few more points:

Furthermore, natural landscapes often hold historical and cultural significance.

Preserving these areas honors our local heritage and maintains the natural beauty that defines our community.

We strongly demand that item #7 on the 1/22/2025agenda be pulled and voted on separately.

Thanks !
Shuling Weng ( Cupertino resident)
Sent from my iPhone
On Jan 16, 2025, at 8:48 PM, Theresa Horng
<[email protected]> wrote:

Dear Cupertino Mayor Chao, Cupertino Vice Mayor Moore and City Councils members:

Our neighbors demand that item #7 on the 1/22/2025 agenda be pulled and voted on separately.

3. Flood Control: Maintaining natural vegetation along
waterways helps absorb and slow down runoff during heavy rains. This reduces the risk of flooding, particularly in areas like ours that are prone to such events.

4. Climate Regulation: Trees and other vegetation sequester carbon dioxide, a major greenhouse gas contributing to
global warming. By keeping these areas natural, we can help mitigate climate change effects by absorbing carbon
emissions.

5. Erosion Prevention: Natural vegetation stabilizes soil and prevents erosion. This is especially important in riparian zones, where erosion can degrade water quality and harm aquatic habitats.

Please see the attached pictures showing the graffiti under the bridge.

Again, we strongly demand that item #7 on the 1/22/2025 agenda be pulled and voted on separately, see follows:

Agenda

7. Subject: Authorization to execute a Joint Use Agreement for Continued Public Access to Santa Clara Valley Water
District property situated along a portion of Stevens Creek Trail.

Recommended Action: Authorize the City Manager to
execute a new Joint Use Agreement with Santa Clara Valley Water District for ongoing access to the District's property situated along a portion of the Stevens Creek Trail.

Attached pictures of graffiti under the bridges for decades and City agenda and agreements.
cc the neighbors who are concerned about this issue.

We appreciate your attention to this matter.

Best regards,
Theresa Horng
Cupertino Resident
[email protected]
408-772-2328
<Agenda.pdf>
<Staff Report.docx>
<A â???? Draft Joint Use Agreement.pdf>
<IMG_3921.HEIC>
<IMG_3917.HEIC>
<IMG_3909.HEIC>
<IMG_3916.HEIC>
--
Sunil Malkani
From: Liang Chao
To: City Clerk
Cc: Pamela Wu
Subject: Fw: Reservoir Concerns
Date: Tuesday, January 21, 2025 6:26:46 PM
Attachments: image001.png
image003.png
Please enter the following resolves from the Water District into the written communication of the 1/22 council meeting.

Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Roseryn Bhudsabourg <[email protected]> Sent: Tuesday, January 21, 2025 5:58 PM
To: Liang Chao <[email protected]>; Liang Chao <[email protected]> Cc: Genevieve Yip <[email protected]>
Subject: RE: Reservoir Concerns
Good evening Mayor Chao,
I hope you were able to enjoy the extended holiday weekend. I am reaching out because our Government Relations team was looped in regarding your inquiry below to the County Fire Department about the water levels at Stevens Creek Reservoir. I would be happy to provide you with some helpful background on this, especially in light of the wildfires impacting Los Angeles.

Valley Water does own and operate 10 reservoirs throughout Santa Clara County, and we partner with fire protection agencies and local water retailers (such as San Jose Water Company) to supply water that may be used for fire protection purposes. Due to a dry January, our reservoirs are a little below normal levels; however, what may look very low is not as low as it seems. In fact, Stevens Creek Reservoir is currently 62% full— equivalent to a volume of 1,900 acre-feet of water. Rest assured, though, that this is more than enough water needed for an emergency situation, and this is not counting our supplies from nine other reservoirs across the County that are collectively at 36% of their full capacity.

From a firefighting perspective, each acre-foot (or about 325,000 gallons) can fill over 100 firefighting aircrafts depending on their tank size.

What this means is that any of our reservoirs has an immense firefighting capability even when the water level seems low from its bank.

We coordinate frequently in interagency planning efforts including water supply and emergency response planning, even though our reservoirs’ primary functions are for water supplies, fish and aquatic habitat, and the incidental benefit of flood risk reduction. I understand the concerns around releasing any water from our reservoirs, but this is never done unless it is absolutely necessary or is providing an environmental benefit.

The water levels in our reservoirs are governed by operational rule curves based on scientific models to help balance our reservoir levels at different times of the year. For example, controlled releases do happen to prevent the creeks from going dry or to help with groundwater recharge and percolation. During very wet seasons when our reservoirs are much more full and closer to 100% capacity, we might release some water to reduce the risk of flooding in surrounding communities. But again, I emphasize that we do not release water from our reservoirs if it is not beneficial or scientifically justified.

Our Communications team is currently putting together an informational one-pager and FAQ on this topic that I will share with you as soon as it is finalized. In the meantime, please don’t hesitate to reach out if you have further questions. Please know that Valley Water has and will continue to allow the use of the water in the reservoirs for fire agencies to use for emergency fire protection purposes.

Thank you,

ROSERYN BHUDSABOURG

SUPERVISING PROGRAM ADMINISTRATOR
Office of Government Relations
[email protected]
Tel. (408) 630-3099 Cell. (408) 693-8739

SANTA CLARA VALLEY WATER DISTRICT
5750 Almaden Expressway, San Jose CA 95118
www.valleywater.org
Clean Water . Healthy Environment . Flood Protection
From: Andres Acevedo <[email protected]>
Sent: Friday, January 17, 2025 2:32 PM
To: Alexander Gordon <[email protected]>
Subject: FW: Reservoir Concerns
Alex,
Here is the email that we spoke about earlier this morning. There was some confusion about my email address so there was a delay in getting it to me. Please let me know if you need any additional information.

Andrés
From: Arthur Tomasetti <[email protected]>
Sent: Friday, January 17, 2025 2:00 PM
To: Andres Acevedo <[email protected]>
Cc: Mark Shumate <[email protected]>; Hector Estrada <[email protected]> Subject: Reservoir Concerns
*** This email originated from outside of Valley Water. Do not click links or open attachments unless you recognize the sender and know the content is safe. *** Hello Andre,
Thank you for your time this morning and providing information that you would like to share with the Mayor of Cupertino on behalf of Valley Water.

Here is the email below and the address of the Mayor to assist you with answering questions or concerns.

Is it possible to find out what is the reason for the drop in water levels at Steven’s Creek reservoir. Which agency is responsible for the reservoir water levels. If you know and/or have contact info I can also reach out to them.

Liang Chao
Mayor
City Council
[email protected]
408-777-3192
Arthur Tomasetti
Acting Deputy Chief
Administration & Planning Division
Santa Clara County Fire Department
Office: 408.341-4463 Cell: 408 656-9055
From: Theresa Horng
To: City Clerk
Subject: Fwd: Request that item #7 on the 1/22/2025 agenda be pulled and voted on separately.

Date: Thursday, January 16, 2025 10:56:20 PM
Attachments: Agenda.pdf
Staff Report.docx
A â Draft Joint Use Agreement.pdf
IMG_3921.HEIC
IMG_3917.HEIC
IMG_3909.HEIC
IMG_3916.HEIC
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk:

I would like to be included in written communications for the upcoming city council meeting regarding this matter.

Thanks,
,
Best regards,
Theresa Horng
Cupertino Resident
[email protected]
408-772-2328
---------- Forwarded message ---------
From: Theresa Horng <[email protected]>
Date: Thu, Jan 16, 2025 at 8:48 PM
Subject: Request that item #7 on the 1/22/2025 agenda be pulled and voted on separately.

To: Liang Chao <[email protected]>, Kitty Moore <[email protected]>, Ray Wang <[email protected]>, <[email protected]>, <[email protected]> Cc: Shuling Weng <[email protected]>, Neeta Malkani <[email protected]>, Sunil Malkani <[email protected]>, <[email protected]>, Santosh Rao <[email protected]> Dear Cupertino Mayor Chao, Cupertino Vice Mayor Moore and City Councils members:

Our neighbors demand that item #7 on the 1/22/2025 agenda be pulled and voted on separately.

3. Flood Control: Maintaining natural vegetation along waterways helps absorb and slow down runoff during heavy rains. This reduces the risk of flooding, particularly in areas like ours that are prone to such events.

4. Climate Regulation: Trees and other vegetation sequester carbon dioxide, a major greenhouse gas contributing to global warming. By keeping these areas natural, we can help mitigate climate change effects by absorbing carbon emissions.

5. Erosion Prevention: Natural vegetation stabilizes soil and prevents erosion. This is especially important in riparian zones, where erosion can degrade water quality and harm aquatic habitats.

Many of us have lived in Cupertino for more than two decades, and the graffiti under Stevens Creek Blvd has remained untouched by the city for twenty years. Please see the attached pictures showing the graffiti under the bridge.

Again, we strongly demand that item #7 on the 1/22/2025 agenda be pulled and voted on separately, see follows:

Agenda

7. Subject: Authorization to execute a Joint Use Agreement for Continued Public Access to Santa Clara Valley Water District property situated along a portion of Stevens Creek Trail.

Recommended Action: Authorize the City Manager to execute a new Joint Use Agreement with Santa Clara Valley Water District for ongoing access to the District's property situated along a portion of the Stevens Creek Trail.

Attached pictures of graffiti under the bridges for decades and City agenda and agreements. cc the neighbors who are concerned about this issue.

We appreciate your attention to this matter.

Best regards,
Theresa Horng
Cupertino Resident
[email protected]
408-772-2328
Wednesday, January 22, 2025
5:00 PM

CITY OF CUPERTINO
Special Meeting Non-Televised Closed Session (5:00) and Televised Open Session (5:45)
PUBLIC HEARINGS WILL NOT BEGIN EARLIER THAN 6:45 PM
10300 Torre Avenue and 10350 Torre Avenue and via Teleconference City Council

LIANG CHAO, MAYOR

KITTY MOORE, VICE MAYOR
J.R. FRUEN, COUNCILMEMBER

SHEILA MOHAN, COUNCILMEMBER
R "RAY" WANG, COUNCILMEMBER

IN PERSON AND TELECONFERENCE MEETING
For more information:
(408) 777-3200 | www.cupertino.gov
AGENDA

CONDUCT OF BUSINESS
The Mayor is the presiding officer of the City Council. Any member of the public may speak on any item on the agenda for up to three minutes. All statements and questions must be addressed to the Mayor.

City Council hearings serve as a venue for the discussion of sometimes divergent points of view. Please respect the opinions of others and refrain from cheering or clapping. That may delay the meeting or intimidate other persons wishing to express alternate views. Actions that disrupt the meeting will result in a warning, followed by removal if disruption continues.

Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item.

Identifying yourself is voluntary and not required to attend the meeting or provide comments.

FLOWCHART FOR HEARING ITEMS:

Mayor introduces
agenda item
Councilmembers report any site
visits or outside communications.

Speakers submit a Request to Speak
card, and are allowed up to 3 minutes
per individual. Council members may
ask questions of speakers.

Mayor invites members of
the public to speak about
the agenda item
For appeals of approvals, the
applicant may respond to
appellants presentation.

The Mayor may request a motion and
a second after the close of the public
hearing. Council then deliberates and
votes.

Mayor closes the public hearing
Councilmembers ask clarifying
questions.

PUBLIC HEARINGS
The City Council is required by law to
hold public hearings on certain matters
prior to making its decision. Notice to
interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.

Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.

COUNCIL MEETINGS
The City Council regularly meets the first
and third Tuesdays of each month. These
meetings are held at 6:45 p.m. Closed
sessions, when needed, are normally held
at 6:00 p.m. Closed sessions cover items
such as personnel, litigation, or the sale ,
purchase, or lease of property. The law
requires certain actions taken in closed
session to be reported in open session.

Urgent business, holidays, or election
days may trigger special or adjourned
meetings. These meetings will be noticed
beforehand.

AGENDAS, MINUTES, AND PACKETS

AVAILABLE ON THE WEB
Agendas, minutes, and packets for
current and prior City Council and
Planning Commission meetings are
available at www.cupertino.org, or you
can purchase the items on CD.

CITY COUNCIL DECISION IS FINAL
Prior to seeking judicial review of any
adjudicatory (quasi‐judicial) decision,
interested persons must file a petition for
reconsideration within ten calendar days
of the date the City Clerk mails notice of
the City’s decision. Reconsideration
petitions must comply with the
requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s
office for more information or go to
www.http://www.cupertino.org/index.as
px?page=125 for a reconsideration
petition form.

Mayor invites
applicant/appellant to
respond to public
comments (2 min)
City Council votes on
the agenda item
Staff reports and makes
recommendation
Applicant or Appellant
makes presentation
(up to 8 min)
Councilmembers ask
questions of staff or
applicant/appellant
Mayor opens the public hearing
City Council Agenda January 22, 2025

IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the following ways:
1) Appear in person for Closed Session in City Hall, Conference Room C or for Open Session in Cupertino Community Hall. Members of the public may provide oral public comments pertaining to the agenda prior to the beginning of Closed Session and after Roll Call.

Members of the public may provide oral public comments during the Open Session as follows:

Oral public comments will be accepted during the meeting. Comments may be made during the public comment period for each agenda item.

Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves.

Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments.
2) E-mail comments for Closed Session or Open Session by 4:00 p.m. on Wednesday, January 22 to the Council at [email protected]. These e-mail comments will also be forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to the City’s website after the meeting. Members of the public that wish to share a document must email [email protected] prior to the meeting.

Emailed comments that are related to an agenda item and received following the agenda publication, prior to or during the meeting, will be posted to the City’s website. 3) Open Session Teleconferencing Instructions
To address the City Council, click on the link below to register in advance and access the

Page 2 ends

City Council Agenda January 22, 2025
meeting:

Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_1B0DB2FiQveTRbMAuUtVsw Phone
Dial: 669-900-6833 and enter Webinar ID: 974 9110 0148 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number.

Join from an H.323/SIP room system:

H.323:
144.195.19.161 (US West)
206.247.11.121 (US East)
Meeting ID: 974 9110 0148
SIP: [email protected]
After registering, you will receive a confirmation email containing information about joining the webinar.

Please read the following instructions carefully:

1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer.

2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation.

3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak.

4. When called, please limit your remarks to the time allotted and the specific agenda topic.

5. Members of the public that wish to share a document must email [email protected] prior to the meeting. These documents will be posted to the City’s website after the

Page 3 ends

City Council Agenda January 22, 2025
meeting.

NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Wednesday, January 22, 2025, for a Closed Session commencing at 5:00 p.m. in City Hall, Conference Room C, 10300 Torre Avenue, Cupertino, California 95014 and an Open Session at 5:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting."

SPECIAL MEETING
ROLL CALL - 5:00 PM
10300 Torre Avenue, Conference Room C

CLOSED SESSION

1. Subject: Conference with security personnel - critical infrastructure information relating to cybersecurity pursuant to Government Code § 54957(a) RECESS

OPEN SESSION
PLEDGE OF ALLEGIANCE - 5:45 PM
10350 Torre Avenue, Community Hall and via Teleconference

ROLL CALL

CLOSED SESSION REPORT

CEREMONIAL ITEMS

2. Subject: Proclamation to Taiwanese Cultural and Sports Association (TCSA) recognizing the 15th Annual Kids Fun Festival scheduled for 2025 in Cupertino Recommended Action: Present proclamation to Taiwanese Cultural and Sports Association (TCSA) recognizing the 15th Annual Kids Fun Festival scheduled for 2025 in Cupertino
A - Proclamation

3. Subject: Proclamation to Shin Shin Educational Foundation recognizing January 19, 2025 as Shin Shin Educational Foundation Day
Recommended Action: Present proclamation to Shin Shin Educational Foundation recognizing January 19, 2025 as Shin Shin Educational Foundation Day

Page 4 ends

City Council Agenda January 22, 2025
A - Proclamation

POSTPONEMENTS AND ORDERS OF THE DAY

4. Subject: Budget Study Session for use of one-time funds in the Committed Future Use reserve (November 19, 2024 City Council action)
Staff Report
A - November 19, 2024 Staff Report and Allocation Plan
B - FY 2023-24 Budget Reductions
C - FY 2024-25 Service Level Reductions

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.

CONSENT CALENDAR (Items 5-9)
Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar.

5. Subject: Approval of the December 17, 2024 City Council minutes Recommended Action: Approve the December 17, 2024 City Council minutes A - Draft Minutes

6. Subject: Ratifying Accounts Payable for the periods ending December 6, 2024; December 13, 2024; and December 26, 2024

Page 5 ends

City Council Agenda January 22, 2025
Recommended Action: A. Adopt Resolution No. 25-001 ratifying Accounts Payable for the Period ending December 6, 2024;
B. Adopt Resolution No. 25-002 ratifying Accounts Payable for the Period ending December 13, 2024; and
C. Adopt Resolution No. 25-003 ratifying Accounts Payable for the Period ending December 26, 2024
Staff report
A – Draft Resolution 12.6.24
B – Weekly AP Payment Register for the Period Ending 12.6.24 C – Draft Resolution 12.13.24
D – Weekly AP Payment Register for the Period Ending 12.13.24 E – Draft Resolution 12.26.24
F – Weekly AP Payment Register for the Period Ending 12.26.24

7. Subject: Authorization to execute a Joint Use Agreement for Continued Public Access to Santa Clara Valley Water District property situated along a portion of Stevens Creek Trail.

Recommended Action: Authorize the City Manager to execute a new Joint Use Agreement with Santa Clara Valley Water District for ongoing access to the District's property situated along a portion of the Stevens Creek Trail.

Staff Report
A – Draft Joint Use Agreement

8. Subject: Award a construction contract to Golden Bay Construction in the amount of $1,569,798, approve a first amendment to the design services contract with Pakpour Consulting Group to increase the contract by $96,620 for a total not-to-exceed contract amount of $310,483 and approve a budget modification in the amount of $1,500,000 for the Stevens Creek Boulevard Class IV Bike Lane Project.

Page 6 ends

City Council Agenda January 22, 2025
Recommended Action: 1. Award a construction contract for the Stevens Creek Boulevard Class IV Bike Lane Phase 2A Project (budget unit 420-99-036, project number 2022-15) in the amount of $1,569,798 to Golden Bay Construction, Inc.;

2. Authorize the City Manager to execute the construction contract with Golden Bay Construction, Inc. when all conditions have been met;

3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $156,980 (10%) for a total contract amount of $1,726,778;

4. Authorize the City Manager to amend the Design Services Contract with Pakpour Consulting Group to increase the amount by $96,620 for a total not-to-exceed contract amount of $310,483 for the 2022-11 Stevens Creek Boulevard Class IV Bike Lane Phase 2B Design Project; and

5. Adopt Resolution No. 25-004 approving budget modification #2425-377, approving an increase of grant revenue estimates of $1,500,000 and a transfer out of $693,000. This includes an increase of $807,000 in Federal grant funds and a transfer of $693,000 in SB1 Grant Funds from the Transportation Fund (270-85-821) into the Capital Improvement Program Capital Project Fund (420-99-036).

Staff Report
A - Draft Contract
B – Draft Resolution

9. Subject: Approve an agreement with Advanced Systems Group, LLC., for Modernization of Broadcast TV and Community Hall Integration for a not-to-exceed amount of $1,100,000, a 10% contingency in the amount of $110,000 for a total not-to-exceed amount of $1,210,000, and associated budget modification, with the cost to be funded by Public, Educational, and Governmental (PEG) funds.

Recommended Action: 1. Authorize the City Manager to execute the agreement and any necessary amendments with Advanced Systems Group, LLC., for Modernization of Broadcast TV and Community Hall Integration, within the total not-to-exceed amount of $1,100,000.

2. Adopt Resolution No. 25-005 approving budget modification #2425-368, increasing appropriations in the amount of $1,210,000 in the General Fund Video budget unit (100- 31-305 900-995) funded by restricted PEG Funds
Staff Report
A - Draft Agreement
B - Draft Resolution

PUBLIC HEARINGS
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the

Page 7 ends

City Council Agenda January 22, 2025
Planning Division to view them at City Hall by sending an email to [email protected]. Plans will also be made available digitally during the hearing to consider the proposal.

10. Subject: Public hearing on the abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 24-111
Recommended Action: Conduct hearing for impacted property owners to contest the matter of proposed abatement and adopt Resolution No. 25-006 ordering abatement of public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 24-111
Staff Report
A - Draft Resolution and Exhibit A
B - 2025 Cupertino Commencement Report (Exhibit A)
C – County Letter to Property Owners to Abate Weeds
D – County Hearing Notice to Destroy Weeds and Program Fees E – Minimum Fire Safety Standards Program Brochure
F – Return Reply Form (RRF) Sample
G – City Letter to Property Owners
H – Approved Resolution No. 24-111

ACTION CALENDAR

11. Subject: Future agenda items requested by City Councilmembers (“TBD List”).

Recommended Action: 1. Review the TBD list and adopt the staff recommendations for items 5-11

2. Provide direction for items 1-4 and 12-15.

Staff Report
A - TBD List from September 2024 with Adopted Motion
B - January 2025 TBD List

STUDY SESSION

12. Subject: FY 2025-27 City Work Program Study Session Recommended Action: 1. Review Councilmembers’ Initial Top 10 projects for the FY 25-27 City Work Program

2. Select date for upcoming Goal Setting Workshop.

3. Receive an overview of the prioritization process for the Goal Setting Workshop that will be presented at this study session.

Staff Report
A - November 14, 2024 Informational Memorandum
B - December 20, 2024 Informational Memorandum
C - Council Top 10 Projects with Preliminrary Budget and Staffing Estimates D - List of Potential Items for FY 25-27 CWP with Preliminary Budget and Staffing Estimates

ITEMS REMOVED FROM THE CONSENT CALENDAR

Page 8 ends

City Council Agenda January 22, 2025

CITY MANAGER REPORT

ORAL COMMUNICATIONS - CONTINUED

COUNCILMEMBER REPORTS

13. Subject: Councilmember Reports
A - Councilmember Report, Chao
B - Councilmember Report, Fruen
C - Councilmember Report, Mohan

FUTURE AGENDA ITEMS

ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists.

For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email [email protected]; and website: www.cupertino.org/lobbyist.

The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law.

Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.

In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.

Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall,

Page 9 ends

City Council Agenda January 22, 2025
10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the City web site.

IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section

2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.

Page 10 ends

THE CITY COUNCIL AND STAFF

CITY COUNCIL
Cupertino is a General Law city organized under and subject to statutes of the State of California. It is governed by the five‐member City Council with the Mayor as the presiding officer. City Council members are elected at‐large to four‐year, overlapping terms. Each November a mayor and a vice‐mayor are selected by the City Council for a one‐ year term.

The City Council receives advice and assistance from eleven advisory bodies, which are appointed by the Council.

These are the Audit Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission, Library Commission, Parks and Recreation Commission, Planning Commission, Public Safety Commission, Sustainability Commission, Teen Commission, and Technology, Information, and Communications Commission.

Council members also serve on a variety of regional bodies, including:
∙ Association of Bay Area Governments
∙ League of California Cities
∙ Santa Clara County (SCC) Cities Association
∙ SCC Emergency Preparedness Council
∙ SCC Library District
∙ SCC Emergency Preparedness Commission
∙ Santa Clara Valley Water Commission and Water District ∙ SCC Transportation Authoritym
∙ West Valley Mayors and Managers
STAFF
The City Manager and the City Attorney are appointed by the Council. The City Manager is responsible for interpreting and carrying out Council policies and direction, and as the chief administrative officer, the City Manager coordinates the many activities of the city and appoints the professional and technical staff. The City Attorney is the advisor to the City Council as a whole.

TYPES OF COUNCIL ACTIONS

ORDINANCES
Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a Council meeting as a “first reading." At a subsequent Council meeting, there will be a “second reading and adoption." Ordinances go into effect after a waiting period of thirty days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose.

RESOLUTIONS
Resolutions and minute orders are the means by which the City Council formally adopts policies or approves specific actions. These go into effect when adopted.

APPEALS
Any interested person, including a Council member, may appeal a Planning Commission or Director of Community Development decision to the City Council. An appeal must be submitted in writing to the City Clerk within 14 calendar days of the mailing of the notice of the decision.

RECONSIDERATION
Prior to seeking judicial review of any adjudicatory (quasi‐judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision.

Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to www.http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form.

COMMUNICATING WITH COUNCIL
(408) 777‐3192
(408) 777‐1389
(408) 777‐1316
(408) 777-1326
(408) 777‐3138
(408) 777‐3139
All Council members:

Liang Chao
Kitty Moore
J.R. Fruen
Sheila Mohan
R "Ray" Wang
Executive Assistant
City Hall
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
www.cupertino.gov (408) 777‐CITY
Please note: the City Council discourages submission of written materials on the day of the meeting as this does not provide enough time to give the materials fair evaluation. If you must provide written materials on the day of the meeting, as least one copy must be given to the City Clerk for the permanent record, and ten copies are preferred.

NEWS AND NOTICES FROM CITY HALL
EMAIL
Sign up for e‐notification of agendas, elections, and other news on the city website at www.cupertino.org/notify

TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings , as well as agenda previews, public service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings are shown at these times:

Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m.

Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m.

INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want To, View City Council meetings".

News and community information can also be found at:
https://www.facebook.com/cityofcupertino/
https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements.

USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall) General Information and Comments (408) 777‐CITY Fire (Emergency) Santa Clara County Fire Dept.  dispatch     911 Fire (Non‐Emergency ) Santa Clara County Fire Dept. (408) 378‐4010 Garbage         Recology South Bay (408) 725‐4020
Gas & Electricity Pacific Gas & Electric (PG&E) 1‐800‐743‐5000 Recreation & Community Quinlan Community Center (408) 777‐3120 Services
Police (Emergency) Santa Clara County Sheriff dispatch 911 Police (Non‐Emergency) Santa Clara County Sheriff (408) 868‐6600 Public Health          Santa Clara County Public Health (408) 732‐3720 Sanitary Sewers        Cupertino Sanitary District         (408) 253‐7071 Water San Jose Water        (408) 279‐7900
California Water        (650) 917‐0152

CITY COUNCIL STAFF REPORT
Meeting: January 22, 2025
Subject
Authorization to execute a Joint Use Agreement for Continued Public Access to Santa Clara Valley Water District property situated along a portion of Stevens Creek Trail.

Recommended Action
Authorize the City Manager to execute a new Joint Use Agreement with Santa Clara Valley Water District for ongoing access to the District's property situated along a portion of the Stevens Creek Trail.

Background
The Santa Clara Valley Water District owns property within the Stevens Creek Corridor, and a segment of the Stevens Creek Trail runs through the property. The City and the District executed a twenty-five-year Joint Use Agreement in 1999, and the agreement expired on November 16, 2024. A new twenty-five-year Joint Use Agreement, similar in structure to the existing one, has been negotiated to extend public access and recreational opportunities along the trail. Under the new agreement, the City and Santa Clara Valley Water District continue to retain the flexibility to terminate the agreement at any time during the twenty-five-year period by providing 90 days’ written notice.

The agreement facilitates recreational access and effective management and maintenance of the trail, ensuring its continued benefit to the Cupertino community. By formalizing this partnership, both entities reinforce their commitment to enhancing local recreational spaces and environmental stewardship in Cupertino.

Staff recommends that City Council authorize the City Manager to execute a new Joint Use Agreement for a term of twenty-five years. Santa Clara Valley Water District has agreed to the Joint Use Agreement as outlined in Attachment A.

Next Steps
The next step for this item is for the Santa Clara Valley Water District Board of Directors to approve the agreement. Without this agreement in place, continued recreational access for the Cupertino community may be at risk.

Sustainability Impact
This agreement prioritizes flood protection, stream stewardship, water resources management, and minimizing impact to natural habitat and wildlife.

Fiscal Impact
No fiscal impact.

California Environmental Quality Act
Execution of the agreement is exempt from the California Environmental Quality Act under CEQA Guidelines section 15301 (operation and maintenance of existing facilities).

City Work Program (CWP) Item
No.

CWP Item Description
N/A.

Council Goal
Quality of Life.
_____________________________________
Prepared by: Daniel Degu, Economic Development Manager
Reviewed by: Christopher D. Jensen, City Attorney
Tina Kapoor, Interim Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachment:

A – Draft Joint Use Agreement, City-Santa Clara Valley Water District, for Stevens Creek Trail

JOINT USE AGREEMENT
Stevens Creek Trail
Between McClellan Ranch Park and Blackberry Farm Park
This JOINT USE AGREEMENT (this “Agreement”) is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT, a California Special District created by the California Legislature, hereinafter referred to as “Valley Water”, and the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as "City". Valley Water and City may be referred to individually as “Party” or collectively as the “Parties” or the “Parties to this Agreement”. This Agreement will become effective on the later of the last-signed signature date set forth below (the “Effective Date”), _________________, 2024.

RECITALS:

A. Valley Water is the owner of certain real property (“Premises”) containing Stevens Creek Trail, shown on Exhibit A, attached hereto.

B. City desires to maintain improvements and allow for continued public use of Stevens Creek Trail on the Premises.

C. This Agreement supersedes and replaces the Existing Joint Use Agreement (JUA) for Stevens Creek Trail at McClellan Ranch (A4346X).

D. City’s and the public’s use of the Premises for the Trail, as extended, will not unreasonably interfere with Valley Water's mission of flood protection, water resource management, and stream stewardship.

E. The Parties find it to be in the public interest to provide for joint use of the Premises by means of this Agreement under the following terms and conditions.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1) Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference. 2) Supersedes Existing JUA. City and Valley Water waive the 90-day notice of termination requirement in Provision 11 of the Existing JUA. City and Valley Water agree that this Agreement supersedes and replaces the Existing JUA as of the Effective Date of this Agreement.

3) Scope of the License Grant to City. Subject to the terms and conditions of this Agreement, Valley Water hereby grants to City a non-exclusive license to access and do any or all the following on the Premises:
a. To construct, operate, maintain, repair, replace, and remove improvements and other Trail amenities for public recreational purposes on the Premises including, but not limited to, pedestrian and bicycle trails, trailheads, fencing, fixtures (trash receptacles, benches, etc.) and signage (collectively, “City Improvements”). Any and all work related to construction, operations, and maintenance of the Trail will be completed in accordance with applicable federal, state, and local environmental regulations, including but not limited to the federal and state Migratory Bird Treaty Acts, Clean Water Act, federal and state Endangered Species Act, the California Fish and Wildlife Code, and the Porter-Cologne Act and any amendments thereto. All City Improvements shall comply with all building and fire codes and other applicable legal requirements. If Valley Water approves the City Improvements, Valley Water shall issue a permit to City for the improvements (“Valley Water Permit”), which approval shall be in Valley Water’s sole discretion; provided that Valley Water’s approval shall not be unreasonably delayed, conditioned, or withheld.
b. To provide for public access such as bicycling, walking, jogging, hiking, and similar trail uses in accordance with all applicable legal requirements to the extent such activities do not interfere with Valley Water’s mission of flood protection, water resource management, and stream stewardship.
c. To host special public recreational events (e.g., races, bike-to-work events, etc.) that may include an otherwise restricted component such as allowing private vehicular access for safety purposes, so long as Valley Water issues City a Valley Water Permit to host the event. d. Subject to the conditions and restrictions contained in this Agreement, City shall have full authority to restrict, control, regulate, and/or supervise public use of the Trail for recreation.

City may, at its discretion, consistent with Valley Water’s Superior Rights and City’s Subordinate Rights described in Section 12, and without diminution of Valley Water’s ability to provide flood protection, stream stewardship, water resources management, including the operation and maintenance thereof, or hazardous materials cleanup on the Premises, take any measures of every kind that, in the opinion of City, may be necessary for the health and safety of the public using the Premises. City is responsible for any damage to either Valley Water improvements or City Improvements that result from City’s or the public's use of the Premises. City will be responsible for all costs for repair of damage to Valley Water or City's improvements caused by City or the public.
4) Prohibited Uses of Trail. City shall post notices at all Trail entrances notifying users that the following are prohibited:
• Entry ofmotor vehicles (except for maintenance repairs, emergency, and enforcement vehicles and mobility devices otherwise allowed by law) • Unleashed dogs
• Public access during Trail closures when maintenance equipment and vehicles and/or emergency vehicles are present
Subject to the foregoing prohibitions and any other restrictions set forth in this Agreement, City shall have the sole authority and responsibility to adopt Trail rules and regulations consistent with federal, state, and local regulations to govern the public’s use of the Premises that will not interfere with Valley Water’s mission of flood protection, water resource management, and stream stewardship, as determined by Valley Water.
5) Trash and Litter Removal. City will remove trash from the Premises that is likely to have been generated from public use of the Premises. City will be responsible for maintaining, servicing, and emptying trash receptacles and for rubbish removal as reasonably necessary, including providing for lawful disposal of hazardous waste and/or biowaste. Separately, Valley Water will manage an Adopt-a-Creek program to provide opportunities for volunteer public trash removal. 6) Vegetation Management. If existing vegetation or trees interfere with City Improvements, the public’s use of the Premises, or have been deemed hazardous and a danger to the safety of the public, City is responsible for trimming or removal, as City deems necessary, in accordance with applicable federal and state laws and Valley Water Permit requirements. Valley Water shall provide vegetation management as needed for flood protection and fire code compliance consistent with its management of comparable flood protection facilities. All pruning by City or City contractors on the Premises must follow ISA ANSI guidelines. Herbicide use on the Premises must be performed by or under the direct supervision of a licensed QAC/QAL to ensure herbicides are only applied on the Trail or City Improvements, are suitable for the purpose and environment they are applied to, and do not drift onto adjacent Valley Water mitigation habitat, waters, or natural habitat. City shall only use herbicides approved for aquatic use in all areas below top of bank of a creek, within 20 feet of top of bank of a creek or where required by law. 7) Graffiti Removal. City will have the primary responsibility for removal of graffiti on the Premises reasonably attributed to use of the Trail. City will provide graffiti removal in compliance with City's graffiti abatement program, including graffiti removal from City Improvements consistent with its implementation of the same program at comparable City facilities. No permit from Valley Water, nor any advance notice, will be required for City to remove routine graffiti from any City or Valley Water facility within the Premises. Any and all materials used by City in the removal of graffiti within the limits of this Agreement shall be approved for use in the State of California and consist of environmentally safe products which will not harm the channel environment of the Premises in any way.
8) Pioneer Trails. City and Valley Water shall meet and confer to determine the need for fencing or other protective measures on a trail whenever the public pioneers unauthorized trails. City shall have primary responsibility for installing and maintaining measures that deter off trail uses. Valley Water may install, at its sole cost unless otherwise agreed by City, any additional measures to control public ingress or egress that may be necessary to protect environmentally sensitive areas or Valley Water facilities.
9) Public Safety. The Santa Clara County Sherriff’s Office will provide public safety services to the Trail pursuant to its contract with City. Valley Water has no obligation whatsoever to provide or pay for police patrols.
10)Encampments. City and Valley Water shall meet and confer in good faith to determine the need and protocol for abating any encampment which blocks Trail access. 11)Public Complaints. City is responsible for responding to all public complaints and inquiries regarding City Improvements, including the Trail, and to all complaints and inquiries regarding the public's use of the Premises.
12) Construction, Maintenance, and Repairs.
a. Valley Water is responsible for performing construction, operations, maintenance, and repairs on the Premises for flood protection, stream stewardship, and water resource management in a manner consistent with its construction, maintenance, and repairs of comparable facilities or creeks. It is expressly understood that Valley Water is engaged in flood protection, the protection of water resources, and stream stewardship, and that the terms and conditions of this Agreement will not in any way interfere with the absolute, free, and unrestricted right of Valley Water to operate and maintain for flood protection, water resource management, and stream stewardship purposes, the stream bed and banks, or any appurtenant works thereto, or to repair or construct any of its works, or to allow the raising or lowering of the height of the water present upon the Premises (“Superior Rights”). City will have the right to build additional improvements on the Premises necessary or convenient to the enjoyment of this Agreement, provided that any such improvement is, in each case during the term of this Agreement, first approved by Valley Water by issuance of a Valley Water Permit in its sole, unfettered discretion (“Subordinate Rights”).

City acknowledges Valley Water’s Superior Rights and that City’s rights are subordinate thereto. i) If removal or relocation of City’s fencing is necessary to allow Valley Water to conduct construction, operations, maintenance, or repairs on the Premises, City shall remove or relocate its fencing at its own expense within 15 working days after receiving written notice from Valley Water.
ii) If Valley Water requires that any other City Improvement be removed or relocated for any Valley Water purpose, City will do so at its own expense within 90 days after receiving written notice from Valley Water.
iii) If removal or relocation of City Improvements, including vegetation installed by City, requires mitigation under the California Environmental Quality Act or as a regulatory permit requirement, City will be responsible for all costs required to fulfill any required mitigation responsibilities, including providing lands to place mitigation and providing mitigation monitoring and reporting.
iv) If Valley Water engages in any construction on the Premises, Valley Water will inform City during preconstruction planning to minimize any adverse impact of Valley Water’s project on City Improvements.
v) Valley Water agrees to exercise reasonable care during construction, operations, maintenance, and repair activities to minimize damage to City Improvements. Valley Water is not responsible for any damage to or replacement of City Improvements that results from Valley Water’s construction, operation, maintenance, or repair of flood protection or stream stewardship facilities located on or near the Premises, including, without limitation, any flood flows or inundation from Stevens Creek on the Premises, unless the damage to City Improvements is caused by Valley Water’s sole negligence or willful conduct.
vi) Any replacement of City's Improvements following Valley Water’s construction, maintenance, or repairs on the Premises will be City’s responsibility and cost and shall require a Valley Water Permit under Section 3(a). City is solely responsible for informing the public on the operational status of the Trail, including any plans to close the Trail temporarily or permanently.
vii) In non-emergencies, City and Valley Water staff will meet, whenever necessary, for the purpose of scheduling routine maintenance, including, but not limited to:
(a) Maintenance issues related to improvements;
(b) Non-emergency work requiring the use of heavy equipment, barricading, pedestrian detour plans, and/or restricting access to the Premises. Valley Water and City further agree to notify one another's designated representative at least ten workdays prior to commencement of such work to minimize public impacts. viii) In an emergency on or affecting the Premises, Valley Water may require removal or relocation of any City Improvement without notice to City. b. City has sole responsibility for:
i) the construction, operation, maintenance, and repair of all City Improvements; ii) maintenance and operation of all City Improvements in usable and safe condition; and iii) the duty, cost, and expense of providing any security; police; preparation of traffic and pedestrian detour plans, including installation of required appurtenances; public notices/communications/signage for Trail closures or detours; Trail amenities (including fencing); modifications or replacements; or other expenditure necessary to temporarily prohibit or control public access to the Premises that Valley Water would not ordinarily incur to complete scheduled routine maintenance pursuant to this provision. 13)Water Level Fluctuations. The level of water on the Premises may fluctuate from day to day due to controlled or uncontrolled flows upon and across the Premises. City shall be responsible for the control of or limiting the public's use of the Premises to protect the health and safety of the public from fluctuation in water levels or flooding of the Premises. 14)Signage. City has sole responsibility for providing signage pursuant to Section 12b to notify the public of Trail closures. The Parties will cooperate to create and install signage that benefits the programs of each Party such as Trail closure detour signage, maintenance vehicle warnings, entrance signage, interpretive signs and benches, and joint uses when applicable. The Deputy Operating Officer of Valley Water and the Parks and Recreation Director of City or their respective designees will meet and confer on a periodic basis to plan the installation of appropriate signage that serves the needs of both parties. All signs placed on the Premises by City (except existing signs that identify the facility (e.g., Trail) by name must include Valley Water’s logo in equal size and symmetrical relationship to any other logos contained on such signs. In addition, all City signs placed on the Premises or City publications relating to the Trail that describe water resources must be developed in conjunction with Valley Water. Each Party is responsible for the maintenance and upkeep of its signage installed on the Premises.
15)Bird Nesting Season. To the extent feasible, the Parties shall avoid construction or maintenance activities on the Premises during bird nesting season (generally between January 15th and August 31st). If construction or maintenance work must be done during the nesting season, a preconstruction survey by a qualified biologist must be undertaken to determine the presence of nesting. If nesting activity is reported, the biologist is expected to recommend that the City implement adequate mitigation measures to protect the nesting area. Environmental impacts will be considered prior to all work by the responsible Party (City or Valley Water, and/or their agents) performing said work.
16)Term of Agreement. The term of this Agreement (including the rights and obligations contained herein), shall commence on the Effective Date and shall expire on the 25th anniversary of the Effective Date, unless either Party requests a renewal of and/or amendment to the agreement no less than 180 days prior to the expiration of the then-existing term. If either Party requests a renewal and/or amendment to the agreement, and a renewal and/or amendment has not been implemented prior to the expiration of this Agreement, then City shall either close and prevent public access to the Premises until a new agreement is executed or, subject to written approval by Valley Water’s Chief Executive Officer and upon written request by City, this Agreement may be extended for no more than 1 year to maintain public access to the Premises while ongoing efforts are made to execute a new Agreement.
17)Termination of Agreement. Either Party may terminate this Agreement after providing the other Party with at least 90 days prior written notice of its intent to terminate this Agreement. Upon the termination or expiration of this Agreement, City must remove all City Improvements from the Premises and leave the Premises in a condition as near as reasonably practical to its condition prior to the installation and/or development of such improvements. Notice of intent to terminate may be given by City's Director of Public Works. Notice of intent to terminate may be given by Valley Water’s Chief Executive Officer.
18)Indemnification by City. Notwithstanding any other provision of this Agreement, City agrees to indemnify, defend, and hold harmless Valley Water, its agents, officers, directors, and employees from and against any and all demands, claims, damages, losses, and reasonable expenses, including but not limited to liabilities, obligations, claims, costs, reasonable expenses (including without limitation interest, penalties and reasonable attorney's fees), fines, levies, assessments, demands, damages or judgments of any kind or nature, whether in law or equity (including without limitation, death or injury to any person, property damage, administrative and judicial orders and consents, or any other loss) to the extent they arise out of, pertain to, or relate to the: (i) public’s use of the Premises, (ii) public's use of real property adjacent to the Premises, or (iii) negligence or willful misconduct of City's officers, agents, employees, or independent contractors, except to the extent caused by Valley Water’s active or gross negligence or willful misconduct. This Agreement to defend, indemnify, and hold harmless Valley Water will operate irrespective of the basis of the claim, liability, loss, damage, or injury and irrespective of whether the act, omission, or activity is a condition of Premises or any other cause of any kind or nature. 19) Indemnification by Valley Water. Notwithstanding any other provision of this Agreement, Valley Water agrees to indemnify, defend, and hold harmless City, its agents, officers, directors, and employees from and against any and all demands, claims, damages, losses, and reasonable expenses, including but not limited to liabilities, obligations, claims, costs, reasonable expenses (including without limitation interest, penalties and reasonable attorney's fees), fines, levies, assessments, demands, damages or judgments of any kind or nature, whether in law or equity (including without limitation, death or injury to any person, property damage, administrative and judicial orders and consents, or any other loss) to the extent they arise out of and are caused by Valley Water’s active or gross negligence or willful misconduct. This Agreement to defend, indemnify, and hold harmless City will operate only to the extent that the basis of the claim, liability, loss, damage, or injury is a result of Valley Water’s active or gross negligence or willful misconduct and not a result of or caused by any physical condition of Premises. 20) Insurance. City and Valley Water shall, throughout the duration of this Agreement, maintain and cause its contractors to maintain sufficient insurance and coverage as described in Exhibit B, attached hereto and incorporated herein. City and Valley Water can meet the insurance requirements of this Section through self-insurance which can be substantiated by issuance of a certificate of selfinsurance. 21) Equal Opportunity Employer. Valley Water is an equal opportunity employer and requires public agencies that it enters into this Agreement with to have and adhere to a policy of equal opportunity and non-discrimination. In the performance of the Agreement, City will comply with all applicable federal, state, local laws and regulations, and will not discriminate against any subcontractor, employee, or applicant for employment in the recruitment, hiring, employment, utilization, promotion, classification or reclassification, transfer, recruitment advertising, evaluation, treatment, demotion, layoff, termination, rates of pay or other forms of compensation, and selection for professional development training (including apprenticeship), or against any other person, on the basis of sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), race, religion, color, national origin (including language use restrictions), ancestry, religious creed (including religious dress and grooming practices), political affiliation, disability (mental and physical, including HIV or AIDS), medical condition (cancer and genetic characteristics), genetic information, marital status, parental status, gender, age (40 and over), pregnancy, military and veteran status, sexual orientation, gender identity and gender expression, the exercise of family and medical care leave, the exercise of pregnancy disability leave, or the request, exercise, or need for reasonable accommodation.

Compliance with Applicable Equal Opportunity Laws. City’s policy must conform with applicable state and federal guidelines including the Federal Equal Opportunity Clause, “Section 60-1.4 of Title 41, Part 60 of the Code of Federal Regulations,” Title VII of the Civil Rights Act of 1964 as amended; the Americans with Disabilities Act of 1990; the Rehabilitation Act of 1973 (Sections §503 and §504); the Age Discrimination Act of 1975 (42 U.S.C. §sec. 6101 et seq.); the California Fair Employment and Housing Act (Government Code §12900 et. seq.); and California Labor Code §1101 and §1102.

City must designate a specific position within its organization to be responsible for investigating allegations of non-compliance with anti-discrimination and anti-harassment provisions of this Agreement. City must conduct a fair, prompt, and thorough investigation of all allegations directed to City by Valley Water. In cases where such investigation results in a finding of discrimination, harassment, or hostile work environment, City must take prompt, effective disciplinary action against the offender.
22) Notices. Any and all notices required to be given hereunder will be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the address hereinafter specified or as later amended by either Party in writing:

City:

City of Cupertino
Attention: Public Works Director
10300 Torre Avenue
Cupertino, CA 95014-3266
Valley Water:

Santa Clara Valley Water District
Attention: Clerk of the Board
5750 Almaden Expressway
San Jose, CA 95118
w/copy to Lands Management Program
23)Successors and Assigns. This Agreement, and all terms, covenants, and conditions hereof, will apply to and bind the successors and assigns of the respective parties hereto. City will neither assign nor sublet this Agreement without the prior written consent of Valley Water. 24) Choice of Law. This Agreement is governed by California law. Proper venue for legal action regarding this Agreement shall be in the County of Santa Clara. 25)Amendments. This Agreement may not be modified or amended except in writing signed by the authorized representative of both parties and approved as required by applicable law. 26) Compliance with Laws. Each Party shall, in all activities undertaken pursuant to this Agreement, comply and cause its contractors, agents, and employees to comply with all applicable federal, state, and local laws, statutes, orders, ordinances, rules, and regulations. 27) Not Real Property Interest. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any permanent easement, fee, or other interest in a Party's real property to the other Party.
28)Attorney's Fees. In the event of a dispute between the Parties with respect to the terms or conditions of this Agreement, the prevailing Party is entitled to collect from the other its reasonable attorney's fees as established by the judge or arbitrator presiding over such dispute. 29) Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in force without being impaired or invalidated in any way; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement. 30) Waiver. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a Party must be provided, in writing, and shall apply to the specific instance expressly stated. 31) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 32) Electronic Signature. Unless otherwise prohibited by law or City policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term "electronic copy of a signed contract" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term "electronically signed contract" means a contract that is executed by applying an electronic signature using technology approved by the City.
33) No Third-Party Beneficiaries. This Agreement is entered into only for the benefit of the Parties executing this Agreement and not for the benefit of any other individual, entity, or person. 34) Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the City and the Valley Water. 35) Entire Agreement and Incorporation of Exhibits. This Agreement, together with all exhibits referenced herein and attached hereto, constitutes the entire agreement between the Parties and supersedes all prior written and oral understandings.
signatures next page
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year last written below.
"City" "Valley Water"

CITY OF CUPERTINO SANTA CLARA VALLEY WATER DISTRICT,
A municipal corporation a Special District, created by the California Legislature By:________________________Date:_________ By:_______________________Date:________ Pamela Wu
City Manager Interim Chief Executive Officer
ATTEST:
___________________________________
Kirsten Squarcia
City Clerk
APPROVED AS TO FORM:

ATTEST:
___________________________________
Interim Clerk of the Board of Directors
APPROVED AS TO FORM:
__ _ __ _
Christopher D. Jensen J. Carlos Orellana
City Attorney District Counsel

EXHIBIT A (PREMISES)

EXHIBIT B (INSURANCE REQUIREMENTS)
Without limiting the Contractor’s indemnification of, or liability to, the Santa Clara Valley Water District (“Valley Water”) and the City of Cupertino, the Contractor must provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions as listed below.

Contractor must provide its insurance broker(s)/agent(s) with a copy of these requirements and warrants that these requirements have been reviewed by Contractor’s insurance agent(s) and/or broker(s), who have been instructed by Contractor to procure the insurance coverage required herein.

In addition to certificates, Contractor must furnish Valley Water with copies of all original endorsements affecting coverage required by this Attachment. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by Valley Water. In the event of a claim or dispute, Valley Water has the right to require Contractor’s insurer to provide complete, certified copies of all required pertinent insurance policies, including endorsements affecting the coverage required by this Attachment insurance document.

If your insurance broker has any questions about the above requirements, please advise him/her to email Valley Water Risk Manager at [email protected].

CERTIFICATES OF INSURANCE
Contractor shall furnish Valley Water with a Certificate of Insurance. The certificates will be issued on a standard ACORD Form.

Contractor shall instruct their insurance broker/agent to submit all insurance certificates and required notices electronically in PDF format to the designated Valley Water Agreement Administrator and email a copy to [email protected].

The certificates will:

1. Identify the underwriters, the types of insurance, the insurance limits, the deductibles and the policy term;

2. Include copies of all the actual policy endorsements required herein; and

3. In the “Certificate Holder” box include:

Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
and
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
In the Description of Operations/Locations/Vehicles/Special Items Box:

1. Certificate Holder shall be named as Additional Insured;

2. Valley Water agreement or project number shall appear;

3. The list of policies scheduled as underlying on the Umbrella policy shall be listed; and

4. Waiver of Subrogation must be indicated as endorsed to all policies.

If Contractor receives any notice that any of the insurance policies required by this Exhibit B, Insurance may be cancelled or coverage reduced for any reason whatsoever, Contractor or insurer shall immediately provide written notice to the designated Valley Water Agreement Administrator that such insurance policy required by this Exhibit B Insurance is canceled or coverage is reduced.

MAINTENANCE OF INSURANCE
If Contractor fails to maintain such insurance as is called for herein, Valley Water, at its option, may suspend payment for work performed and/or may order Contractor to suspend all Contractor’s work at Contractor’s expense until a new policy of insurance is in effect.

RENEWAL OF INSURANCE
Contractor will provide Valley Water with a current Certificate of Insurance and endorsements within Thirty (30) business days from the expiration of insurance.

Contractor shall instruct its insurance broker/agent to:

1. Submit all renewals of insurance certificates and required notices electronically in PDF format to:
[email protected]

2. Provide the following information in the “Certificate Holder” box:

Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
and
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Contractor must, at its sole cost and expense, procure and maintain during the entire period of this Agreement the following insurance coverage(s).

REQUIRED COVERAGES

1. Commercial General/Business Liability Insurance with coverage as indicated:
$500,000 per occurrence/$500,000 aggregate limits for bodily injury and property damage. $500,000 Products/Completed Operations aggregate (to be maintained for at least three (3) years following acceptance of the work by Valley Water.

General Liability insurance must:
a. Be written on standard ISO forms, or inspected by Valley Water Risk Manager. b. Include coverage at least as broad as found in standard ISO form CG 0001. c. Include Premises and Operations.
d. Include Contractual Liability expressly including liability assumed under this Purchase Order.
e. If Contractor will be working within fifty (50) feet of a railroad or light rail operation, any exclusion as to performance of operations within the vicinity of any railroad bridge, trestle, track, roadbed, tunnel, overpass, underpass, or crossway must be deleted, or a railroad protective policy in the above amounts provided. f. Include Owners and Contractor’s Protective liability. g. Include Severability of Interest.
h. Include Explosion, Collapse and Underground Hazards, (X, C, and U). i. Include Broad Form Property Damage liability.
j. Contain no restrictive exclusions (such as but not limited to CG 2153, CG 2144 or CG 2294).

Valley Water reserves the right to require certain restrictive exclusions be removed to ensure compliance with the above.

2. Business Auto Liability Insurance with coverage as indicated:
$500,000 combined single limit for bodily injury and property damage per occurrence, covering all owned, non-owned and hired vehicles.

Excess or Umbrella policies may be used to reach the above limits for the General Liability and/or Business Auto Liability insurance limits, however all such policies must contain a primacy clause (See Section 2, General Conditions) and meet all other General Conditions below.

3. Workers’ Compensation and Employer’s Liability Insurance Statutory California Workers’ Compensation coverage covering all work to be performed for Valley Water.

Employer Liability coverage for not less than $1,000,000 per occurrence.

GENERAL REQUIREMENTS
With respect to all coverages noted above, the following additional requirements apply:

1. Additional Insured Endorsement(s): Contractor must provide an additional insured endorsement for Commercial General/Business Liability and Business Automobile liability coverage naming the Santa Clara Valley Water District, its Directors, officers, employees, and agents, individually and collectively, as additional insureds, and must provide coverage for acts, omissions, etc. arising out of the named insureds’ activities and work. NOTE: This section does not apply to the Workers’ Compensation.

2. Primacy Clause: Contractor will provide evidence (either through the Certificate of Insurance, endorsement or language in the insurance contract) that Contractor’s insurance is primary with respect to any other insurance which may be carried by Valley Water, its Directors, its officers, agents and employees, and Valley Water’s coverage must not be called upon to contribute or share in the loss. NOTE: This section does not apply to the Workers’ Compensation policies.

3. Cancellation Clause: Contractor will provide endorsements for all policies stating that the policy will not be cancelled without 30 days prior notification to Valley Water.

4. Acceptability of Insurers: All coverages must be issued by companies admitted to conduct business in the State of California, which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by Valley Water’s Risk Manager. NonAdmitted companies may be substituted on a very limited basis at the Risk Manager’s sole discretion.

5. Self-Insured Retentions or Deductibles: Any deductibles or self-insured retentions must be declared to and approved by Valley Water. At the option of Valley Water, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Valley Water, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Contractor agrees that in the event of a claim they will pay down any agreed upon SIR in a prompt manner as soon as bills are incurred in order to trigger the insurance related to the SIR.

6. Subcontractors: The Contractor shall secure and maintain or shall be responsible for ensuring that all subcontractors performing the Contract Services secure and maintain all insurance coverages appropriate to their tier and scope of work in a form and from insurance companies reasonably acceptable to Valley Water.

7. Amount of Liability Not Limited to Amount of Insurance: The insurance procured by Contractor for the benefit of Valley Water must not be deemed to release or limit any liability of Contractor. Damages recoverable by Valley Water for any liability of Contractor must, in any event, not be limited by the amount of the required insurance coverage.

8. Coverage to be Occurrence Based: Except for Professional Liability, all coverage must be occurrence-based coverage. Claims-made coverage is not allowed.

9. Waiver of Subrogation: Contractor agrees to waive subrogation against Valley Water to the extent any loss suffered by Contractor is covered by any Commercial General Liability policy, Automobile policy, Workers’ Compensation policy described in Required Coverages above.

Contractor agrees to advise its broker/agent/insurer and agrees to provide evidence (either through the Certificate of Insurance, endorsement or language in the insurance contract) that subrogation has been waived by its insurer.

10. Non-compliance: Valley Water reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above.

CHECKLIST OF DOCUMENTS NEEDED
General Liability: A. Limits ($500,000)
B. Additional Insured (Endorsement)
C. Waiver of Subrogation (COI, Endorsement or policy language) D. Primacy (COI, Endorsement or policy language)
E. Cancellation Endorsement
Auto Liability: A. Limits ($500,000)
B. Additional Insured (Endorsement)
C. Waiver of Subrogation (COI, Endorsement or policy language) D. Primacy (COI, Endorsement or policy language)
E. Cancellation Endorsement
Umbrella: A. Limits ($)
B. Primacy (Endorsement or policy language)
Workers’ Comp: A. Limits ($1,000,000)
B. Waiver of Subrogation (Endorsement or policy language) C. Cancellation Endorsement
Exhibit B, Joint Use Agreement GL/AL $500K/WC_11.26.2024 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
CC 01-22-2025
Item No. 8
Stevens Creek Blvd. Bike
Lane Project
Written Communications
From: Santosh Rao
To: City Clerk
Subject: Fw: Defund concrete cinder block bike lane projects.

Date: Friday, January 17, 2025 9:02:54 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Clerk,
Please include the below in written communications for the upcoming city council meeting.

Thank you.

Thanks,
Santosh Rao
Begin forwarded message:

On Friday, January 17, 2025, 9:01 AM, Santosh Rao <[email protected]> wrote:

Subject: Addressing Spending Priorities and Resident Concerns Dear Mayor Chao and Cupertino City Council Members,
I am writing to express my deep disappointment regarding the priorities reflected in the first agenda under the current leadership, following nearly 40 days without a council meeting.

Residents made their voices heard loud and clear in the 2024 election. The resounding message was frustration with the city’s repeated disregard for common-sense solutions and its ongoing focus on projects that prioritize costly, disruptive infrastructure—such as concrete cinder block bike lanes—at the expense of road users. Yet, the first significant proposal brought forward is a $1.6 million allocation for more such bike lanes.

This decision feels entirely out of step with the will of the electorate. Residents have overwhelmingly rejected the notion of eliminating road lanes, restricting right turns, and making it harder for commuters to travel across our city—all while plans for thousands of new housing units on already congested streets like McClellan Road and Linda Vista Drive move forward. These are the very issues that led to the defeat of candidates advocating for these policies, yet the agenda appears to reflect their platform instead of the resident mandate for change.

Over the past months, I spoke with countless residents who expressed their frustration with the city’s fixation on bike lanes at the expense of the 60,000+ daily auto users. If the only solution the city’s traffic engineering department can offer is concrete bike lanes, it may be time to reassess this department’s leadership, goals, or even its necessity. Cupertino needs traffic engineers who can focus on meaningful road improvements and solutions that address the needs of the majority of residents.

The city must refocus its priorities on critical infrastructure and inter-agency collaboration, including:

Fire readiness: Ensuring adequate water in hydrants and reservoirs, and effective communication between city, fire district, and water agencies.

Emergency preparedness: Strengthening oversight and cooperation with key agencies like County Fire District, County Supervisor, Valley Water, SJW, and the County Sheriff’s Department.

Road infrastructure: Addressing the immediate needs of our auto users while maintaining safety and efficiency for all commuters.

I strongly urge the council to reject the $1.6 million expenditure on additional concrete bike lanes and redirect those funds toward infrastructure that benefits the broader community, including fire and emergency readiness and road improvements.

Moreover, the city should prioritize initiatives that enhance community engagement and quality of life, such as:

1. Fully funding an all-day July 4th community celebration, including daytime festivities at Blackberry Farm and evening fireworks.

2. Reducing consultant expenditures and reallocating those funds toward Parks and Recreation events that are affordable and accessible for Cupertino residents, with tiered pricing for non-residents.

Additionally, I request that the traffic engineering department provide transparent data on bike usage for recently constructed bike lanes, such as those on De Anza Boulevard and Stevens Creek Boulevard. The community deserves to know whether these projects are delivering meaningful value.

Finally, I ask that the council and the mayor set a higher standard for agenda items, aligning them with the resident mandate. Consultation with recently elected officials who campaigned on resident-centered priorities may help ensure the council’s focus remains on the community’s needs.

It is not "business as usual." Residents are increasingly frustrated and expect meaningful change. Please listen to their voices, reject wasteful spending, and redirect resources toward critical infrastructure and community-benefiting initiatives.

Thank you for your attention to these important matters.

Sincerely,
San Rao
Cupertino resident
From: Pamela Wu
To: Liang Chao
Cc: Chad Mosley; City Clerk; Christopher Jensen
Subject: RE: Questions on Item 8 - Stevens Creek Blvd Bike Path Date: Wednesday, January 22, 2025 11:10:03 AM
Attachments: image001.png
image002.png
Mayor Chao, your questions below will be included in today’s written comm.

Pamela Wu
City Manager
City Manager's Office
[email protected]
(408)777-1322
From: Liang Chao <[email protected]>
Sent: Wednesday, January 22, 2025 10:27 AM
To: Pamela Wu <[email protected]>
Cc: Chad Mosley <[email protected]>
Subject: Re: Questions on Item 8 - Stevens Creek Blvd Bike Path I'd like to pull Item 8 due to high community interest and additional unanswered questions.

Thank you for the answers to my questions. The photo for the concrete barriers that will be installed is quite helpful.

Please provide the contract documents as attachments, since it is unreasonable to require login for documents for a public meeting.

The absence of the "Contract Documents", which was specifically referenced in the contract, makes the contract incomplete, in my opinion, since I cannot evaluate the work the contract intends to cover at all.

I tried to look at the Bike Ped Commission meeting when the project was reviewed by them. But no design documents were included in the meeting agenda there either for me to review.

The answer to Q7 is incomplete. I'd like to know the difference in costs specifically. And the difference in installation time.

Q7: What would be the difference in costs between the different options for separators? Concrete, bollards, or other options? (Chao) Staff response: Concrete separators are significantly more expensive than plastic bollards but do provide a higher level of protection.

I am interested to know whether we would be able to cover both 2A and 2B with the current funding if we use bollards, rather than concrete separators. This way we can improve safety on Stevens Creek Blvd much faster and be able to implement more bike paths to provide more protection to bicyclists.

Thank you for all of the work on this important project. Appreciate your expertise.

I am just hoping to explore more economical methods to implement bike paths to provide better coverage, especially given the city's financial situation.

Regards,
Liang
Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Liang Chao <[email protected]>
Sent: Tuesday, January 21, 2025 9:56 AM
To: Pamela Wu <[email protected]>
Cc: Chad Mosley <[email protected]>
Subject: Questions on Item 8 - Stevens Creek Blvd Bike Path I am happy to see this #1 priority bike project is finally making progress to improve the safety of bike paths. But I must clarify some questions from the public.

The most common questions people ask me about this project is "where is the bike path" and "what separators for bike path", but it was not easy to find out such info from the staff report, packed with a lot of information in words. "What separators for bike path" appears to be the question most people are concerned with since the concrete separators in McClellan Road have proven to create troubles for both bicyclists and the motorists.

Q1: URL and Map
Q1-1: Could the staff please include a link to the City website for this project in future staff reports? https://www.cupertino.gov/Your-City/Departments/PublicWorks/Transportation-Mobility/Projects/Stevens-Creek-Boulevard-Class-IV-Bikeway Q1-2: Could the staff please include a map to show the phases of this project? I truly appreciate the detailed timeline for this project in the staff report with the dates of each council meeting when a portion of this project was approved. But in order to find out what is Phase 2A or Phase 2B, it took me a while .... I did not find it out until I read the entire timeline in details. But a map would have saved the reader a lot of time.

Q2: What kind of separators: Concrete separators or bollards? Q2-1: Will the Class IV Bike Lane in Phase 2 include concrete separators, as in McClellan Road, or the bollards, as in Phase 1 in Stevens Creek? I did not find the answer in the staff report.

A Google search results in: "A Class IV bikeway, also called a "separated bikeway," is a bicycle facility on a street that is physically separated from vehicle traffic by a vertical barrier like a curb, bollards, planters, or other elements, essentially creating a protected bike lane where only cyclists can use the space."
Please provide a picture of the kind of separators that will be used. A picture is worth a thousand words.

Q2-2: Since the design for 2A and 2B are complete, I thought perhaps I can answer Q2-3 (what kind of separators) by looking at the design. But I could not find the design from the website nor the agenda packet. Please provide the design of 2A and 2B, which this agenda item refers to.

Q3: Impact on vehicle flow
Thank you for confirming that "No vehicle lanes are being removed or repurposed as a part of this project." Would there be any other change that affects vehicle flows? Such as making some lanes right turn only or restricting time intervals for right turns or restricting right turns? Since they have happened in other intersections as bike paths are added, the public would likely wish to know it ahead of time. Perhaps, the answers might be in the design of 2A and 2B?
Q4: Public input and engagement
Thank you for the detailed timeline with dates for Council meetings for budget approval.

On what dates the design for Stage 2A and 2B are reviewed/approved by the Bike and Ped Commission? On what dates the design for Stage 2A and 2B are approved by the Council? On what dates the design for Stage 2A and 2B were presented to the public at any community meeting?
Q5: The Contract (included as Attachment A) does not include the Scope of Work, which makes this contract incomplete since I cannot tell from the contract what exactly is included. The contract stated "Contractor will perform all of the Work required for the Project, as specified in the Contract Documents". But the "Contract Documents" is not included, it seems. For comparison, the Agreement for Item 9 for Community Hall equipment upgrade includes the "contract documents" or the "bid proposal", which includes the Scope of Work, the timeline of phases etc.

Q6: Thank you for including a link to the bid documents. But it requires a login for some contractor to access the documents. Please provide a link to the city storage or archive without any login.
(I thought perhaps I could find out the answer for what kind of separators from the bid documents... But I cannot access it.)
Q7: What would be the difference in costs between the different options for separators? Concrete, bollards, or other options?
Q8: Thank you for the detailed project budget table. Appreciate it! But it took me a while to comprehend it. Here is what I derived from the tables:

The City has budgeted $2.5M in total for the design of 2A and 2B and the construction of Stage 2B.

With this contract from this agenda item of $1.5M (+ 10% contingency) + $185k (construction management, which is about 12% of $1.5M), the total expenses would be $2.22M, which is under the budgeted $2.5M.

The project cost would also be covered by two grants, totaling $1.62M.

Dear City Council,
I am writing today in the hopes that you take action regarding the protected bike lanes on Stevens Creek Boulevard.

The Stevens Creek Boulevard Class IV Bike Lane Project has been the top priority for Cupertino's 2016 BTP. More importantly though, no vehicle lanes will be removed!
We have seen countless reviews by the Bike PED and approval by the City Council. We need to develop safer streets as shown in the Vision Zero Plan. Plus, why would we want to forfeit hundreds of thousands of dollars that we have in funding?
I urge you to keep these thoughts with you tonight.

Thank you so much.

Sincerely,
Aaryan
From: Liang Chao
To: Pamela Wu
Cc: Chad Mosley; City Clerk; Christopher Jensen
Subject: Re: Questions on Item 8 - Stevens Creek Blvd Bike Path Date: Wednesday, January 22, 2025 3:58:21 PM
Attachments: image001.png
image002.png
One more question that I might ask from the Dias:

One of the answers in the supplemental report states: "Additionally, similar to the current operation for westbound Stevens
Creek Blvd at Wolfe, there will be a dedicated traffic signal phase for bicyclists crossing at De Anza Blvd, and right turns for vehicles from Stevens Creek Blvd. onto De Anza Blvd will be prohibited only when a bicycle is crossing and the bike signal phase is active."
What's the length of the dedicated signal phase?
What's the difference for be one cycle of signals from one green light phase to the next green light phase?
Would it impact the length of the period of each green phase? Thanks,
Liang
Liang Chao
Mayor
City Council
[email protected]
408-777-3192
From: Pamela Wu <[email protected]>
Sent: Wednesday, January 22, 2025 11:09 AM
To: Liang Chao <[email protected]>
Cc: Chad Mosley <[email protected]>; City Clerk <[email protected]>; Christopher Jensen <[email protected]>
Subject: RE: Questions on Item 8 - Stevens Creek Blvd Bike Path Mayor Chao, your questions below will be included in today’s written comm.