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CC 09-17-2024 Oral Communications_2CC 09-17-2024 Oral Communications Written Communications From:Ravi Kiran Singh Sapaharam To:City Council; City Clerk; Pamela Wu; Luke Connolly; Piu Ghosh (she/her) Subject:Urgent Request to Downzone Evulich Ct and Protect Environmental Resources Date:Tuesday, September 17, 2024 3:29:27 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, Please include the below in written communications for items not on the agenda for the upcoming City Council meeting. Dear Mayor Mohan, Council Members, Manager Wu, Director Luke, and Senior Planner Piu, I am writing to express my concerns about the proposed high-density development on Evulich Ct and urge the city to downzone this site to R1. This development threatens local environmental resources, including Stevens Creek, Blackberry Farm, and wildlife corridors. The city's Housing Element allows flexibility to redistribute housing without disrupting these sensitive areas. I urge the city to: 1. Downzone Evulich Ct to R1. 2. Apply an Environmental Protection Overlay to safeguard nearby ecosystems. 3. Utilize buffer units in the Housing Element to relocate housing density. Thank you for considering this matter. Sincerely, Cupertino Resident Ravi PMP®, CSM®, ITIL® 669.224.0559 From:Ravi Kiran Singh Sapaharam To:City Council; City Clerk Subject:Request to Allow Full Oral Public Comments Up Front at City Council Meetings Date:Tuesday, September 17, 2024 3:16:46 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, Please include the below as written communications for items not on the agenda for the 09/17/24 City Council meeting. Dear Mayor Sheila Mohan and Cupertino City Council Members, I am writing to respectfully urge you, Mayor Mohan, to use your discretion to allow all public oral comments to be heard upfront during City Council meetings, without the current limitation of 30 minutes and deferring the remainder to the end of the meeting. Limiting public comments to 30 minutes before pushing the rest to the end of often lengthy sessions creates a significant inconvenience for residents who have taken the time to attend. Many are forced to wait late into the night or, worse, abandon their opportunity to be heard altogether. This practice disproportionately affects working families, seniors, and those with other obligations, sending the message that their input is not as valued as the convenience of the meeting structure. Allowing all oral comments to be made at the start of the meeting fosters transparency, inclusivity, and demonstrates a genuine commitment to hearing the voices of Cupertino's residents. If you choose not to exercise your discretion on this matter, I urge the City Council members to call for a formal vote on this procedure. Let the public see whether each council member prioritizes the convenience of residents or whether they choose to inconvenience those they represent by making them wait until the end of the meeting or give up their opportunity for input altogether. Thank you for considering this request, and I look forward to your decision to better serve the people of Cupertino. Sincerely, Cupertino Resident Ravi PMP®, CSM®, ITIL® 669.224.0559 From:Santosh Rao To:City Council; City Clerk; Pamela Wu Subject:Subject: Request to Allow Full Oral Public Comments Up Front at City Council Meetings Date:Tuesday, September 17, 2024 3:05:07 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, Please include the below as written communications for items not on the agenda for the 09/17/24 City Council meeting. Dear Mayor Sheila Mohan and Cupertino City Council Members, I am writing to respectfully urge you, Mayor Mohan, to use your discretion to allow all public oral comments to be heard upfront during City Council meetings, without the current limitation of 30 minutes and deferring the remainder to the end of the meeting. Limiting public comments to 30 minutes before pushing the rest to the end of often lengthy sessions creates a significant inconvenience for residents who have taken the time to attend. Many are forced to wait late into the night or, worse, abandon their opportunity to be heard altogether. This practice disproportionately affects working families, seniors, and those with other obligations, sending the message that their input is not as valued as the convenience of the meeting structure. Allowing all oral comments to be made at the start of the meeting fosters transparency, inclusivity, and demonstrates a genuine commitment to hearing the voices of Cupertino's residents. If you choose not to exercise your discretion on this matter, I urge the City Council members to call for a formal vote on this procedure. Let the public see whether each council member prioritizes the convenience of residents or whether they choose to inconvenience those they represent by making them wait until the end of the meeting or give up their opportunity for input altogether. Thank you for considering this request, and I look forward to your decision to better serve the people of Cupertino. Sincerely, Santosh Rao From:Philip Tsai To:Luke Connolly; Piu Ghosh (she/her); Pamela Wu; City Council; City Clerk Subject:Reject Vista Heights Development Due to Public Safety and Environmental and Geotechnical Risks Date:Tuesday, September 17, 2024 3:00:43 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, 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 Dear Mayor Mohan, Council Members, and City Officials, We are a family living on Linda Vista Dr and also voicing on behalf of neighbors. In addition to our opposition to Evulich R3 zoning and request to downzone to R1 single-family design, I am writing to express grave concerns regarding the proposed Vista Heights development project, specifically located near Linda Vista Park. After thoroughly reviewing the Geotechnical Report prepared for this project, I believe that proceeding with the development would expose the City of Cupertino to serious safety, environmental, and liability risks. The report highlights significant geotechnical hazards, including evidence of previous landslides and a high potential for future landslide events, which necessitates immediate action to reject this project based on environmental and geotechnical considerations. Key Red Flags from the Geotechnical Report Landslide Evidence and Future Risk: The geotechnical report provides alarming evidence of debris flow deposits, which indicate that landslides have previously occurred at this site. Test Pit 9 specifically reveals sandy silt with gravel and debris flow material, a clear indication of prior earth movement. The presence of such material suggests that the area has already been compromised by landslides and that any new construction could exacerbate these conditions, leading to future slope failures. Given Cupertino's hilly topography and seasonal rainfall, the risk of reactivating these past landslides is considerable. Unstable Soil Composition: Numerous test pits identified soils that are weak and highly weathered, especially the conglomerate and sandstone formations found in many areas. These soils exhibit low compressive strength, raising concerns about their ability to support large- scale construction. For instance, Test Pits 1-TP4, 1-TP7, and 1-TP22 all indicate very weak soil conditions, making this site unsuitable for dense development. The soils’ tendency to shift, especially during rainstorms or seismic events, would put future residents and nearby homes at considerable risk. Groundwater and Slope Stability Issues: In addition to unstable soils, Test Pit 11 encountered groundwater seepage at a depth of just 6 feet, a factor that compounds the site's vulnerability to landslides. The interaction between fluctuating groundwater levels, weak soils, and hillside slopes creates a perfect storm for slope destabilization. This groundwater seepage, combined with the area's already documented debris flow history, poses an immediate threat to the stability of any future structures, roads, and public infrastructure. Erosion and Environmental Degradation: The hillside’s residual soils and fill materials are prone to erosion, which could accelerate as the project progresses. The report's identification of heavily weathered sandstone and conglomerate formations only adds to the likelihood of erosion, landslides, and subsurface movement. As these processes unfold, the potential for damaging adjacent properties and public infrastructure grows exponentially, raising questions about the project's long-term sustainability and safety. Responsibility to Public Safety As public officials entrusted with the welfare of Cupertino’s residents, it is your duty to ensure that development projects are not only economically viable but also safe for current and future inhabitants. The findings from this geotechnical report clearly demonstrate that the Vista Heights project, in its current form, poses unacceptable risks to the safety of our community. Moving forward with the development despite the overwhelming evidence of landslide risks could lead to catastrophic consequences, including property damage, loss of life, and significant legal liabilities for the city. Furthermore, all the proposed homes share one single entrance and road with the Linda Vista Park - creating safety dangers to kids, families, neighbors and visitors that primarily walk into and out of the park. Packing all these proposed new families and traffic into a shared, only entrance and exit to the park is a recipe for public safety. You would not want to be the council that one day have to be accountable to an unfortunate incident of a kid getting hit by cars in this park entrance/exit. Request for Action Given the severity of the issues outlined in the geotechnical report, I strongly urge you to Reject the Vista Heights project based on environmental and geotechnical considerations, including the evidence of previous landslides and the high potential for future landslides. The geotechnical report leaves little room for doubt: the combination of weak, weathered soils, groundwater seepage, and historical landslide activity renders this site too dangerous for development. I hope you will carefully consider these concerns and take swift action to protect Cupertino's residents and its natural environment from unnecessary harm. Sincerely, Sharon, Wu and Philip From:Tracy Kosolcharoen To:City Council; City Clerk Subject:Public comments for 9/17 City Council Meeting Date:Tuesday, September 17, 2024 2:57:29 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Kirsten, Please include this in the general public comments. Thank you! Dear City Councilmembers, I have a few asks not on the agenda: 1. Please address Cupertino's liquidity/cash management policy either via an agenda item or study session. Per Councilmember Moore's discovery of $60M+ sitting idle in a zero interest account, we need a better policy of cash management going forward. As someone who began my career working in treasury, I believe it is important for organizations to have sufficient liquidity to protect against adverse events and simply to fund day to day operations. However, your liquidity should not be sitting in pure cash, especially in an inflationary environment. That means we are literally losing money by the day! While it does appear some of the $48-60M has moved, it would be helpful to institute formal policies to ensure this does not happen again. Please work with staff to ensure that policies are put in place to properly manage our liquidity cushion and help it keep pace with inflation. 2. Please provide an update to the public on what is happening with City Hall. Are we buying new real estate? If so, why isn't the public being informed about the costs of not only the real estate but any associated renovations? And whatever happened to the cost efficient renovation of City Hall, which is still a possibility? This issue has been ruled on and reversed by multiple councils since 2022, with no final outcome years later. 3. Please provide a study session on what it would take to downzone a property. Many areas were upzoned in the Housing Element, and while some of them along major thoroughfares make sense, some of them in the heart of neighborhoods are drawing great frustration from local residents. The Housing Element should not be a hard and fast document, but one that still has some ability to accommodate new changes as situations unfold. Many thanks, Tracy From:Philip Tsai To:Luke Connolly; Piu Ghosh (she/her); Pamela Wu; City Council; City Clerk Subject:Urgent Request to Downzone Evulich Ct project Date:Tuesday, September 17, 2024 2:53:54 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, Please include the below in written communications for items not on agenda for the upcoming city council meeting. Mayor Sheila Mohan Cupertino City Council Members Pamela Wu, City Manager Luke, Planning Director Piu, Senior Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mayor Mohan, Council Members, Manager Wu, Director Luke, and Senior Planner Piu, I am writing to express my strong objection regarding the proposed high-density development on Evulich Ct and to respectfully urge the city to downzone this site to R1. The current designation for high-density housing is not only incompatible with the surrounding residential design, but it also creates traffic hazards, threatens nearby environmental resources and disrupts local ecosystems. Cupertino has the flexibility within its Housing and Community Development (HCD) framework to meet its housing goals without sacrificing the natural and community assets around Evulich Ct. The area surrounding Evulich Ct is ecologically sensitive, with Linda Vista Park, Blackberry Farm, Stevens Creek, Stevens Creek County Park, and a well-established wildlife corridor located in close proximity. The environmental and infrastructural strain from developing 51 townhomes on a 2.48-acre hillside plot will damage these critical green spaces. The Housing Element Site Inventory Guidebook emphasizes the importance of preserving environmental integrity when planning housing developments, particularly in areas with fragile ecosystems. Evulich Ct, with its adjacency to these natural resources, should be protected, not overburdened. An environmental protection overlay would provide the necessary framework to preserve these vital ecological and recreational areas. By applying this overlay, the city can enforce regulations that limit dense development, protect sensitive wildlife corridors, and ensure that critical habitats are not disrupted. Stevens Creek and Stevens Creek County Park are home to a variety of wildlife, and the corridor is essential for maintaining biodiversity in the region. High-density development in this area could block these natural migration pathways and lead to habitat loss, disrupting local ecosystems that rely on the interconnectedness of these spaces. Furthermore, the area’s existing infrastructure is not designed to support high-density development. The roads leading to Evulich Ct are narrow, and the area lacks sufficient water, sewer, and utility capacity to accommodate such an influx of additional 52 families (easily 150-200+ people). Additionally, increased traffic and parking demands will create unexpected safety concerns to families visiting the immediate Linda Vista Park, the neighboring Blackberry Farm and Stevens Creek County Park, which are key recreational areas for Cupertino residents. As outlined in the Guidebook, environmental impacts, particularly on public green spaces and natural resources, should be carefully weighed before approving any significant changes in land use. Cupertino also has alternatives for meeting its housing obligations without disrupting the ecological balance of the Evulich Ct area. The HCD’s provisions allow the city to redistribute housing density to other more suitable areas that have better infrastructure and fewer environmental sensitivities. The city can leverage its available buffer units within the Housing Element and transfer the required density away from this environmentally delicate area. This approach ensures Cupertino meets its housing obligations while protecting critical green spaces, natural resources, and wildlife. In alignment with these concerns, I urge the city to take the following actions: Downzone Evulich Ct to R1: This step will maintain compatibility with the surrounding single-family homes, protect local infrastructure, and prevent traffic and safety hazards, and environmental degradation. Apply an Environmental Protection Overlay: This overlay will safeguard the adjacent wildlife corridor, Stevens Creek, Stevens Creek County Park, and Blackberry Farm, ensuring that dense development does not disrupt these ecosystems and recreational spaces. Utilize Buffer Units in the Housing Element: By reallocating the required housing density to buffer units, Cupertino can meet its housing goals without compromising the environmental and community assets of Evulich Ct. Cupertino has long prided itself on thoughtful, sustainable urban planning, and I am confident that the city can find a balanced solution that meets state housing mandates while prioritizing the long-term well-being of its neighborhoods and natural resources. I look forward to your response and to seeing a plan that reflects the values of sustainability and community preservation. Thank you, Sincerely, Sharon, Wu and Philip From:Ramkarthik To:Luke Connolly; Piu Ghosh (she/her); Pamela Wu; City Council; City Clerk Subject:Urgent Request to Downzone Evulich Ct and Protect Environmental Resources Date:Tuesday, September 17, 2024 2:49:09 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, Please include the below in written communications for items not on agenda for the upcoming city council meeting. Mayor Sheila Mohan Cupertino City Council Members Pamela Wu, City Manager Luke, Planning Director Piu, Senior Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mayor Mohan, Council Members, Manager Wu, Director Luke, and Senior Planner Piu, I am writing to express my strong concerns regarding the proposed high-density development on Evulich Ct and to respectfully urge the city to downzone this site to R1. The current designation for high-density housing is not only incompatible with the surrounding residential character, but it also threatens nearby environmental resources and disrupts local ecosystems. Cupertino has the flexibility within its Housing and Community Development (HCD) framework to meet its housing goals without sacrificing the natural and community assets around Evulich Ct. The area surrounding Evulich Ct is ecologically sensitive, with Blackberry Farm, Stevens Creek, Stevens Creek County Park, and a well-established wildlife corridor located in close proximity. The environmental and infrastructural strain from developing 51 townhomes on a 2.48-acre hillside plot would negatively affect these critical green spaces. The Housing Element Site Inventory Guidebook emphasizes the importance of preserving environmental integrity when planning housing developments, particularly in areas with fragile ecosystems​. Evulich Ct, with its adjacency to these natural resources, should be protected, not overburdened. An environmental protection overlay would provide the necessary framework to preserve these vital ecological and recreational areas. By applying this overlay, the city can enforce regulations that limit dense development, protect sensitive wildlife corridors, and ensure that critical habitats are not disrupted. Stevens Creek and Stevens Creek County Park are home to a variety of wildlife, and the corridor is essential for maintaining biodiversity in the region. High-density development in this area could block these natural migration pathways and lead to habitat loss, disrupting local ecosystems that rely on the interconnectedness of these spaces. Furthermore, the area’s existing infrastructure is not designed to support high-density development. The roads leading to Evulich Ct are narrow and unimproved, and the area lacks sufficient water, sewer, and utility capacity to accommodate such an influx of residents​. Additionally, increased traffic and parking demands will degrade the experience for visitors to Blackberry Farm and Stevens Creek County Park, which are key recreational areas for Cupertino residents. As outlined in the Guidebook, environmental impacts, particularly on public green spaces and natural resources, should be carefully weighed before approving any significant changes in land use​. Cupertino also has alternatives for meeting its housing obligations without disrupting the ecological balance of the Evulich Ct area. The HCD’s provisions allow the city to redistribute housing density to other more suitable areas that have better infrastructure and fewer environmental sensitivities. The city can leverage its available buffer units within the Housing Element and transfer the required density away from this environmentally delicate area. This approach ensures Cupertino meets its housing obligations while protecting critical green spaces, natural resources, and wildlife. In alignment with these concerns, I urge the city to take the following actions: *Downzone Evulich Ct to R1*: This step will maintain compatibility with the surrounding single-family homes, protect local infrastructure, and prevent environmental degradation. *Apply an Environmental Protection Overlay*: This overlay will safeguard the adjacent wildlife corridor, Stevens Creek, Stevens Creek County Park, and Blackberry Farm, ensuring that dense development does not disrupt these ecosystems and recreational spaces. *Utilize Buffer Units in the Housing Element*: By reallocating the required housing density to buffer units, Cupertino can meet its housing goals without compromising the environmental and community assets of Evulich Ct. Cupertino has long prided itself on thoughtful, sustainable urban planning, and I am confident that the city can find a balanced solution that meets state housing mandates while prioritizing the long-term well-being of its neighborhoods and natural resources. I look forward to your response and to seeing a plan that reflects the values of sustainability and community preservation. Thank you for your time and attention to this matter. Sincerely, Ram. From:Supriya Kalyanasundaram To:Luke Connolly; Piu Ghosh (she/her); City Council; City Clerk; Pamela Wu Subject:Urgent request to Downzone Evulich Ct and Protect Environmental resources Date:Tuesday, September 17, 2024 2:45:37 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, Please include the below in written communications for items not on agenda for the upcoming city council meeting. Mayor Sheila Mohan Cupertino City Council Members Pamela Wu, City Manager Luke, Planning Director Piu, Senior Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mayor Mohan, Council Members, Manager Wu, Director Luke, and Senior Planner Piu, I am writing to express my strong concerns regarding the proposed high-density development on Evulich Ct and to respectfully urge the city to downzone this site to R1. The current designation for high-density housing is not only incompatible with the surrounding residential character, but it also threatens nearby environmental resources and disrupts local ecosystems. Cupertino has the flexibility within its Housing and Community Development (HCD) framework to meet its housing goals without sacrificing the natural and community assets around Evulich Ct. The area surrounding Evulich Ct is ecologically sensitive, with Blackberry Farm, Stevens Creek, Stevens Creek County Park, and a well-established wildlife corridor located in close proximity. The environmental and infrastructural strain from developing 51 townhomes on a 2.48-acre hillside plot would negatively affect these critical green spaces. The Housing Element Site Inventory Guidebook emphasizes the importance of preserving environmental integrity when planning housing developments, particularly in areas with fragile ecosystems. Evulich Ct, with its adjacency to these natural resources, should be protected, not overburdened. An environmental protection overlay would provide the necessary framework to preserve these vital ecological and recreational areas. By applying this overlay, the city can enforce regulations that limit dense development, protect sensitive wildlife corridors, and ensure that critical habitats are not disrupted. Stevens Creek and Stevens Creek County Park are home to a variety of wildlife, and the corridor is essential for maintaining biodiversity in the region. High-density development in this area could block these natural migration pathways and lead to habitat loss, disrupting local ecosystems that rely on the interconnectedness of these spaces. Furthermore, the area’s existing infrastructure is not designed to support high-density development. The roads leading to Evulich Ct are narrow and unimproved, and the area lacks sufficient water, sewer, and utility capacity to accommodate such an influx of residents. Additionally, increased traffic and parking demands will degrade the experience for visitors to Blackberry Farm and Stevens Creek County Park, which are key recreational areas for Cupertino residents. As outlined in the Guidebook, environmental impacts, particularly on public green spaces and natural resources, should be carefully weighed before approving any significant changes in land use. Cupertino also has alternatives for meeting its housing obligations without disrupting the ecological balance of the Evulich Ct area. The HCD’s provisions allow the city to redistribute housing density to other more suitable areas that have better infrastructure and fewer environmental sensitivities. The city can leverage its available buffer units within the Housing Element and transfer the required density away from this environmentally delicate area. This approach ensures Cupertino meets its housing obligations while protecting critical green spaces, natural resources, and wildlife. In alignment with these concerns, I urge the city to take the following actions: *Downzone Evulich Ct to R1*: This step will maintain compatibility with the surrounding single-family homes, protect local infrastructure, and prevent environmental degradation. *Apply an Environmental Protection Overlay*: This overlay will safeguard the adjacent wildlife corridor, Stevens Creek, Stevens Creek County Park, and Blackberry Farm, ensuring that dense development does not disrupt these ecosystems and recreational spaces. *Utilize Buffer Units in the Housing Element*: By reallocating the required housing density to buffer units, Cupertino can meet its housing goals without compromising the environmental and community assets of Evulich Ct. Cupertino has long prided itself on thoughtful, sustainable urban planning, and I am confident that the city can find a balanced solution that meets state housing mandates while prioritizing the long-term well-being of its neighborhoods and natural resources. I look forward to your response and to seeing a plan that reflects the values of sustainability and community preservation. Thank you for your time and attention to this matter. Sincerely, Supriya Kalyanasundaram From:Jessica To:Piu Ghosh (she/her); Luke Connolly; City Council; City Clerk Subject:Urgent Request to Downzone Evulich Ct and Protect Environmental Resources Date:Tuesday, September 17, 2024 2:43:16 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, Please include the below as written communications for items not on agenda for the upcoming city council meeting. Dear Mayor Mohan, Council Members, and City Officials, I am writing to express grave concerns regarding the proposed Vista Heights development project, specifically located near Evulich Ct and Vista Heights. After thoroughly reviewing the Geotechnical Report prepared for this project, I believe that proceeding with the development would expose the City of Cupertino to serious safety, environmental, and liability risks. The report highlights significant geotechnical hazards, including evidence of previous landslides and a high potential for future landslide events, which necessitates immediate action to reject this project based on environmental and geotechnical considerations. *Key Red Flags from the Geotechnical Report* *Landslide Evidence and Future Risk*: The geotechnical report provides alarming evidence of debris flow deposits, which indicate that landslides have previously occurred at this site. Test Pit 9 specifically reveals sandy silt with gravel and debris flow material, a clear indication of prior earth movement. The presence of such material suggests that the area has already been compromised by landslides and that any new construction could exacerbate these conditions, leading to future slope failures. Given Cupertino's hilly topography and seasonal rainfall, the risk of reactivating these past landslides is considerable. *Unstable Soil Composition*: Numerous test pits identified soils that are weak and highly weathered, especially the conglomerate and sandstone formations found in many areas. These soils exhibit low compressive strength, raising concerns about their ability to support large- scale construction. For instance, Test Pits 1-TP4, 1-TP7, and 1-TP22 all indicate very weak soil conditions, making this site unsuitable for dense development. The soils’ tendency to shift, especially during rainstorms or seismic events, would put future residents and nearby homes at considerable risk. *Groundwater and Slope Stability Issues*: In addition to unstable soils, Test Pit 11 encountered groundwater seepage at a depth of just 6 feet, a factor that compounds the site's vulnerability to landslides. The interaction between fluctuating groundwater levels, weak soils, and hillside slopes creates a perfect storm for slope destabilization. This groundwater seepage, combined with the area's already documented debris flow history, poses an immediate threat to the stability of any future structures, roads, and public infrastructure. *Erosion and Environmental Degradation*: The hillside’s residual soils and fill materials are prone to erosion, which could accelerate as the project progresses. The report's identification of heavily weathered sandstone and conglomerate formations only adds to the likelihood of erosion, landslides, and subsurface movement. As these processes unfold, the potential for damaging adjacent properties and public infrastructure grows exponentially, raising questions about the project's long-term sustainability and safety. *Responsibility to Public Safety* As public officials entrusted with the welfare of Cupertino’s residents, it is your duty to ensure that development projects are not only economically viable but also safe for current and future inhabitants. The findings from this geotechnical report clearly demonstrate that the Vista Heights project, in its current form, poses unacceptable risks to the safety of our community. Moving forward with the development despite the overwhelming evidence of landslide risks could lead to catastrophic consequences, including property damage, loss of life, and significant legal liabilities for the city. *Request for Action* Given the severity of the issues outlined in the geotechnical report, I strongly urge you to *Reject the Vista Heights project based on environmental and geotechnical considerations*, including the evidence of previous landslides and the high potential for future landslides. The geotechnical report leaves little room for doubt: the combination of weak, weathered soils, groundwater seepage, and historical landslide activity renders this site too dangerous for development. I hope you will carefully consider these concerns and take swift action to protect Cupertino's residents and its natural environment from unnecessary harm. Sincerely, Jessica From:Akila Natarajan To:Luke Connolly; Piu Ghosh (she/her); Pamela Wu; City Council; City Clerk Subject:Urgent: Reject Vista Heights Development Due to Geotechnical Risks Date:Tuesday, September 17, 2024 2:29:19 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear 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 Dear Mayor Mohan, Council Members, and City Officials, I am writing to express grave concerns regarding the proposed Vista Heights development project, specifically located near Evulich Ct and Vista Heights. After thoroughly reviewing the Geotechnical Report prepared for this project, I believe that proceeding with the development would expose the City of Cupertino to serious safety, environmental, and liability risks. The report highlights significant geotechnical hazards, including evidence of previous landslides and a high potential for future landslide events, which necessitates immediate action to reject this project based on environmental and geotechnical considerations. Key Red Flags from the Geotechnical Report Landslide Evidence and Future Risk: The geotechnical report provides alarming evidence of debris flow deposits, which indicate that landslides have previously occurred at this site. Test Pit 9 specifically reveals sandy silt with gravel and debris flow material, a clear indication of prior earth movement. The presence of such material suggests that the area has already been compromised by landslides and that any new construction could exacerbate these conditions, leading to future slope failures. Given Cupertino's hilly topography and seasonal rainfall, the risk of reactivating these past landslides is considerable. Unstable Soil Composition: Numerous test pits identified soils that are weak and highly weathered, especially the conglomerate and sandstone formations found in many areas. These soils exhibit low compressive strength, raising concerns about their ability to support large-scale construction. For instance, Test Pits 1-TP4, 1- TP7, and 1-TP22 all indicate very weak soil conditions, making this site unsuitable for dense development. The soils’ tendency to shift, especially during rainstorms or seismic events, would put future residents and nearby homes at considerable risk. Groundwater and Slope Stability Issues: In addition to unstable soils, Test Pit 11 encountered groundwater seepage at a depth of just 6 feet, a factor that compounds the site's vulnerability to landslides. The interaction between fluctuating groundwater levels, weak soils, and hillside slopes creates a perfect storm for slope destabilization. This groundwater seepage, combined with the area's already documented debris flow history, poses an immediate threat to the stability of any future structures, roads, and public infrastructure. Erosion and Environmental Degradation: The hillside’s residual soils and fill materials are prone to erosion, which could accelerate as the project progresses. The report's identification of heavily weathered sandstone and conglomerate formations only adds to the likelihood of erosion, landslides, and subsurface movement. As these processes unfold, the potential for damaging adjacent properties and public infrastructure grows exponentially, raising questions about the project's long-term sustainability and safety. Responsibility to Public Safety As public officials entrusted with the welfare of Cupertino’s residents, it is your duty to ensure that development projects are not only economically viable but also safe for current and future inhabitants. The findings from this geotechnical report clearly demonstrate that the Vista Heights project, in its current form, poses unacceptable risks to the safety of our community. Moving forward with the development despite the overwhelming evidence of landslide risks could lead to catastrophic consequences, including property damage, loss of life, and significant legal liabilities for the city. Request for Action Given the severity of the issues outlined in the geotechnical report, I strongly urge you to Reject the Vista Heights project based on environmental and geotechnical considerations, including the evidence of previous landslides and the high potential for future landslides. The geotechnical report leaves little room for doubt: the combination of weak, weathered soils, groundwater seepage, and historical landslide activity renders this site too dangerous for development. I hope you will carefully consider these concerns and take swift action to protect Cupertino's residents and its natural environment from unnecessary harm. Regards, Akila -- Akila Natarajan From:Philip Lo To:Luke Connolly; Piu Ghosh (she/her); Pamela Wu; City Council; City Clerk Subject:Urgent: Please DOWNZONE Evulich Ct and Protect Environmental Resources Date:Tuesday, September 17, 2024 2:27:17 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, Please include the below in written communications for items not on agenda for the upcoming city council meeting. Mayor Sheila Mohan Cupertino City Council Members Pamela Wu, City Manager Luke, Planning Director Piu, Senior Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mayor Mohan, Council Members, Manager Wu, Director Luke, and Senior Planner Piu, I am writing to express my STRONG CONCERNS regarding the proposed high-density development on Evulich Ct and to respectfully urge the city to downzone this site to R1. The current designation for high-density housing is not only incompatible with the surrounding residential character, but it also threatens nearby environmental resources and disrupts local ecosystems. Cupertino has the flexibility within its Housing and Community Development (HCD) framework to meet its housing goals without sacrificing the natural and community assets around Evulich Ct. The area surrounding Evulich Ct is ecologically sensitive, with Blackberry Farm, Stevens Creek, Stevens Creek County Park, and a well-established wildlife corridor located in close proximity. The environmental and infrastructural strain from developing 51 townhomes on a 2.48-acre hillside plot would negatively affect these critical green spaces. The Housing Element Site Inventory Guidebook emphasizes the importance of preserving environmental integrity when planning housing developments, particularly in areas with fragile ecosystems. Evulich Ct, with its adjacency to these natural resources, should be protected, not overburdened. An environmental protection overlay would provide the necessary framework to preserve these vital ecological and recreational areas. By applying this overlay, the city can enforce regulations that limit dense development, protect sensitive wildlife corridors, and ensure that critical habitats are not disrupted. Stevens Creek and Stevens Creek County Park are home to a variety of wildlife, and the corridor is essential for maintaining biodiversity in the region. High-density development in this area could block these natural migration pathways and lead to habitat loss, disrupting local ecosystems that rely on the interconnectedness of these spaces. Furthermore, the area’s existing infrastructure is not designed to support high-density development. The roads leading to Evulich Ct are narrow and unimproved, and the area lacks sufficient water, sewer, and utility capacity to accommodate such an influx of residents. Additionally, increased traffic and parking demands will degrade the experience for visitors to Blackberry Farm and Stevens Creek County Park, which are key recreational areas for Cupertino residents. As outlined in the Guidebook, environmental impacts, particularly on public green spaces and natural resources, should be carefully weighed before approving any significant changes in land use. Cupertino also has alternatives for meeting its housing obligations without disrupting the ecological balance of the Evulich Ct area. The HCD’s provisions allow the city to redistribute housing density to other more suitable areas that have better infrastructure and fewer environmental sensitivities. The city can leverage its available buffer units within the Housing Element and transfer the required density away from this environmentally delicate area. This approach ensures Cupertino meets its housing obligations while protecting critical green spaces, natural resources, and wildlife. In alignment with these concerns, I urge the city to take the following actions: *Downzone Evulich Ct to R1*: This step will maintain compatibility with the surrounding single-family homes, protect local infrastructure, and prevent environmental degradation. *Apply an Environmental Protection Overlay*: This overlay will safeguard the adjacent wildlife corridor, Stevens Creek, Stevens Creek County Park, and Blackberry Farm, ensuring that dense development does not disrupt these ecosystems and recreational spaces. *Utilize Buffer Units in the Housing Element*: By reallocating the required housing density to buffer units, Cupertino can meet its housing goals without compromising the environmental and community assets of Evulich Ct. Cupertino has long prided itself on thoughtful, sustainable urban planning, and I am confident that the city can find a balanced solution that meets state housing mandates while prioritizing the long-term well-being of its neighborhoods and natural resources. I look forward to your response and to seeing a plan that reflects the values of sustainability and community preservation. Thank you for your time and attention to this matter. Sincerely, Philip Lo 22100 Rae Lane From:Santa Teresa Cupertino To:Luke Connolly; Piu Ghosh (she/her); Pamela Wu; City Council; City Clerk Cc:santateresacupertino@gmail.com Subject:Urgent Request to Downzone Evulich Ct and Protect Environmental Resources Date:Tuesday, September 17, 2024 2:17:36 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, Please include the below in written communications for items not on agenda for the upcoming city council meeting. Mayor Sheila Mohan Cupertino City Council Members Pamela Wu, City Manager Luke, Planning Director Piu, Senior Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mayor Mohan, Council Members, Manager Wu, Director Luke, and Senior Planner Piu, I am writing to express my strong concerns regarding the proposed high-density development on Evulich Ct and to respectfully urge the city to downzone this site to R1. The current designation for high-density housing is not only incompatible with the surrounding residential character, but it also threatens nearby environmental resources and disrupts local ecosystems. Cupertino has the flexibility within its Housing and Community Development (HCD) framework to meet its housing goals without sacrificing the natural and community assets around Evulich Ct. The area surrounding Evulich Ct is ecologically sensitive, with Blackberry Farm, Stevens Creek, Stevens Creek County Park, and a well-established wildlife corridor located in close proximity. The environmental and infrastructural strain from developing 51 townhomes on a 2.48-acre hillside plot would negatively affect these critical green spaces. The Housing Element Site Inventory Guidebook emphasizes the importance of preserving environmental integrity when planning housing developments, particularly in areas with fragile ecosystems​. Evulich Ct, with its adjacency to these natural resources, should be protected, not overburdened. An environmental protection overlay would provide the necessary framework to preserve these vital ecological and recreational areas. By applying this overlay, the city can enforce regulations that limit dense development, protect sensitive wildlife corridors, and ensure that critical habitats are not disrupted. Stevens Creek and Stevens Creek County Park are home to a variety of wildlife, and the corridor is essential for maintaining biodiversity in the region. High-density development in this area could block these natural migration pathways and lead to habitat loss, disrupting local ecosystems that rely on the interconnectedness of these spaces. Furthermore, the area’s existing infrastructure is not designed to support high-density development. The roads leading to Evulich Ct are narrow and unimproved, and the area lacks sufficient water, sewer, and utility capacity to accommodate such an influx of residents​. Additionally, increased traffic and parking demands will degrade the experience for visitors to Blackberry Farm and Stevens Creek County Park, which are key recreational areas for Cupertino residents. As outlined in the Guidebook, environmental impacts, particularly on public green spaces and natural resources, should be carefully weighed before approving any significant changes in land use​. Cupertino also has alternatives for meeting its housing obligations without disrupting the ecological balance of the Evulich Ct area. The HCD’s provisions allow the city to redistribute housing density to other more suitable areas that have better infrastructure and fewer environmental sensitivities. The city can leverage its available buffer units within the Housing Element and transfer the required density away from this environmentally delicate area. This approach ensures Cupertino meets its housing obligations while protecting critical green spaces, natural resources, and wildlife. In alignment with these concerns, I urge the city to take the following actions: *Downzone Evulich Ct to R1*: This step will maintain compatibility with the surrounding single-family homes, protect local infrastructure, and prevent environmental degradation. *Apply an Environmental Protection Overlay*: This overlay will safeguard the adjacent wildlife corridor, Stevens Creek, Stevens Creek County Park, and Blackberry Farm, ensuring that dense development does not disrupt these ecosystems and recreational spaces. *Utilize Buffer Units in the Housing Element*: By reallocating the required housing density to buffer units, Cupertino can meet its housing goals without compromising the environmental and community assets of Evulich Ct. Cupertino has long prided itself on thoughtful, sustainable urban planning, and I am confident that the city can find a balanced solution that meets state housing mandates while prioritizing the long-term well-being of its neighborhoods and natural resources. I look forward to your response and to seeing a plan that reflects the values of sustainability and community preservation. Thank you for your time and attention to this matter. Sincerely, Cupertino Resident Sent from my iPhone From:Parimal Kopardekar To:City Clerk; City Council; Pamela Wu; Luke Connolly; Piu Ghosh (she/her) Subject:Fwd: Serious concerns about Evulich Ct development. Date:Tuesday, September 17, 2024 2:13:40 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 Kindly include the following email as written communications for items not on the 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 Dear Mayor Mohan, Council Members, and City Officials, My backyard abuts Eulich property and I am very concerned about what has been shared thus far related to number of units and density. I am writing to express grave concerns regarding the proposed Vista Heights development project, specifically located near Evulich Ct and Vista Heights. After thoroughly reviewing the Geotechnical Report prepared for this project, I believe that proceeding with the development would expose the City of Cupertino to serious safety, environmental, and liability risks. The report highlights significant geotechnical hazards, including evidence of previous landslides and a high potential for future landslide events, which necessitates immediate action to reject this project based on environmental and geotechnical considerations. *Key Red Flags from the Geotechnical Report* *Landslide Evidence and Future Risk*: The geotechnical report provides alarming evidence of debris flow deposits, which indicate that landslides have previously occurred at this site. Test Pit 9 specifically reveals sandy silt with gravel and debris flow material, a clear indication of prior earth movement. The presence of such material suggests that the area has already been compromised by landslides and that any new construction could exacerbate these conditions, leading to future slope failures. Given Cupertino's hilly topography and seasonal rainfall, the risk of reactivating these past landslides is considerable. *Unstable Soil Composition*: Numerous test pits identified soils that are weak and highly weathered, especially the conglomerate and sandstone formations found in many areas. These soils exhibit low compressive strength, raising concerns about their ability to support large-scale construction. For instance, Test Pits 1-TP4, 1-TP7, and 1-TP22 all indicate very weak soil conditions, making this site unsuitable for dense development. The soils’ tendency to shift, especially during rainstorms or seismic events, would put future residents and nearby homes at considerable risk. *Groundwater and Slope Stability Issues*: In addition to unstable soils, Test Pit 11 encountered groundwater seepage at a depth of just 6 feet, a factor that compounds the site's vulnerability to landslides. The interaction between fluctuating groundwater levels, weak soils, and hillside slopes creates a perfect storm for slope destabilization. This groundwater seepage, combined with the area's already documented debris flow history, poses an immediate threat to the stability of any future structures, roads, and public infrastructure. *Erosion and Environmental Degradation*: The hillside’s residual soils and fill materials are prone to erosion, which could accelerate as the project progresses. The report's identification of heavily weathered sandstone and conglomerate formations only adds to the likelihood of erosion, landslides, and subsurface movement. As these processes unfold, the potential for damaging adjacent properties and public infrastructure grows exponentially, raising questions about the project's long-term sustainability and safety. *Responsibility to Public Safety* As public officials entrusted with the welfare of Cupertino’s residents, it is your duty to ensure that development projects are not only economically viable but also safe for current and future inhabitants. The findings from this geotechnical report clearly demonstrate that the Vista Heights project, in its current form, poses unacceptable risks to the safety of our community. Moving forward with the development despite the overwhelming evidence of landslide risks could lead to catastrophic consequences, including property damage, loss of life, and significant legal liabilities for the city. *Request for Action* Given the severity of the issues outlined in the geotechnical report, I strongly urge you to *Reject the Vista Heights project based on environmental and geotechnical considerations*, including the evidence of previous landslides and the high potential for future landslides. The geotechnical report leaves little room for doubt: the combination of weak, weathered soils, groundwater seepage, and historical landslide activity renders this site too dangerous for development. I hope you will carefully consider these concerns and take swift action to protect Cupertino's residents and its natural environment from unnecessary harm. Sincerely, [Your Name] I am writing to express my strong concerns regarding the proposed high-density development on Evulich Ct and to respectfully urge the city to downzone this site to R1. The current designation for high-density housing is not only incompatible with the surrounding residential character, but it also threatens nearby environmental resources and disrupts local ecosystems. Cupertino has the flexibility within its Housing and Community Development (HCD) framework to meet its housing goals without sacrificing the natural and community assets around Evulich Ct. The area surrounding Evulich Ct is ecologically sensitive, with Blackberry Farm, Stevens Creek, Stevens Creek County Park, and a well-established wildlife corridor located in close proximity. The environmental and infrastructural strain from developing 51 townhomes on a 2.48-acre hillside plot would negatively affect these critical green spaces. The Housing Element Site Inventory Guidebook emphasizes the importance of preserving environmental integrity when planning housing developments, particularly in areas with fragile ecosystems. Evulich Ct, with its adjacency to these natural resources, should be protected, not overburdened. An environmental protection overlay would provide the necessary framework to preserve these vital ecological and recreational areas. By applying this overlay, the city can enforce regulations that limit dense development, protect sensitive wildlife corridors, and ensure that critical habitats are not disrupted. Stevens Creek and Stevens Creek County Park are home to a variety of wildlife, and the corridor is essential for maintaining biodiversity in the region. High-density development in this area could block these natural migration pathways and lead to habitat loss, disrupting local ecosystems that rely on the interconnectedness of these spaces. Furthermore, the area’s existing infrastructure is not designed to support high-density development. The roads leading to Evulich Ct are narrow and unimproved, and the area lacks sufficient water, sewer, and utility capacity to accommodate such an influx of residents. Additionally, increased traffic and parking demands will degrade the experience for visitors to Blackberry Farm and Stevens Creek County Park, which are key recreational areas for Cupertino residents. As outlined in the Guidebook, environmental impacts, particularly on public green spaces and natural resources, should be carefully weighed before approving any significant changes in land use. Cupertino also has alternatives for meeting its housing obligations without disrupting the ecological balance of the Evulich Ct area. The HCD’s provisions allow the city to redistribute housing density to other more suitable areas that have better infrastructure and fewer environmental sensitivities. The city can leverage its available buffer units within the Housing Element and transfer the required density away from this environmentally delicate area. This approach ensures Cupertino meets its housing obligations while protecting critical green spaces, natural resources, and wildlife. In alignment with these concerns, I urge the city to take the following actions: *Downzone Evulich Ct to R1*: This step will maintain compatibility with the surrounding single-family homes, protect local infrastructure, and prevent environmental degradation. *Apply an Environmental Protection Overlay*: This overlay will safeguard the adjacent wildlife corridor, Stevens Creek, Stevens Creek County Park, and Blackberry Farm, ensuring that dense development does not disrupt these ecosystems and recreational spaces. *Utilize Buffer Units in the Housing Element*: By reallocating the required housing density to buffer units, Cupertino can meet its housing goals without compromising the environmental and community assets of Evulich Ct. Cupertino has long prided itself on thoughtful, sustainable urban planning, and I am confident that the city can find a balanced solution that meets state housing mandates while prioritizing the long-term well-being of its neighborhoods and natural resources. I look forward to your response and to seeing a plan that reflects the values of sustainability and community preservation. Thank you for your time and attention to this matter. Sincerely, Parimal Kopardekar From:Amy Chung To:City Council; City Clerk; Pamela Wu; Piu Ghosh (she/her); Luke Connolly Cc:Yiming Chung Subject:Urgent Request to Downzone Evulich Ct and Protect Environmental Resources Date:Tuesday, September 17, 2024 2:11:56 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Clerk, Please include the below in written communications for items not on agenda for the upcoming city council meeting. Mayor Sheila Mohan Cupertino City Council Members Pamela Wu, City Manager Luke, Planning Director Piu, Senior Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mayor Mohan, Council Members, Manager Wu, Director Luke, and Senior Planner Piu, I am writing to express my strong concerns regarding the proposed high-density development on Evulich Ct and to respectfully urge the city to downzone this site to R1. The current designation for high-density housing is not only incompatible with the surrounding residential character, but it also threatens nearby environmental resources and disrupts local ecosystems. Cupertino has the flexibility within its Housing and Community Development (HCD) framework to meet its housing goals without sacrificing the natural and community assets around Evulich Ct. The area surrounding Evulich Ct is ecologically sensitive, with Blackberry Farm, Stevens Creek, Stevens Creek County Park, and a well-established wildlife corridor located in close proximity. The environmental and infrastructural strain from developing 51 townhomes on a 2.48-acre hillside plot would negatively affect these critical green spaces. The Housing Element Site Inventory Guidebook emphasizes the importance of preserving environmental integrity when planning housing developments, particularly in areas with fragile ecosystems​. Evulich Ct, with its adjacency to these natural resources, should be protected, not overburdened. An environmental protection overlay would provide the necessary framework to preserve these vital ecological and recreational areas. By applying this overlay, the city can enforce regulations that limit dense development, protect sensitive wildlife corridors, and ensure that critical habitats are not disrupted. Stevens Creek and Stevens Creek County Park are home to a variety of wildlife, and the corridor is essential for maintaining biodiversity in the region. High-density development in this area could block these natural migration pathways and lead to habitat loss, disrupting local ecosystems that rely on the interconnectedness of these spaces. Furthermore, the area’s existing infrastructure is not designed to support high- density development. The roads leading to Evulich Ct are narrow and unimproved, and the area lacks sufficient water, sewer, and utility capacity to accommodate such an influx of residents​. Additionally, increased traffic and parking demands will degrade the experience for visitors to Blackberry Farm and Stevens Creek County Park, which are key recreational areas for Cupertino residents. As outlined in the Guidebook, environmental impacts, particularly on public green spaces and natural resources, should be carefully weighed before approving any significant changes in land use​. Cupertino also has alternatives for meeting its housing obligations without disrupting the ecological balance of the Evulich Ct area. The HCD’s provisions allow the city to redistribute housing density to other more suitable areas that have better infrastructure and fewer environmental sensitivities. The city can leverage its available buffer units within the Housing Element and transfer the required density away from this environmentally delicate area. This approach ensures Cupertino meets its housing obligations while protecting critical green spaces, natural resources, and wildlife. In alignment with these concerns, I urge the city to take the following actions: *Downzone Evulich Ct to R1*: This step will maintain compatibility with the surrounding single-family homes, protect local infrastructure, and prevent environmental degradation. *Apply an Environmental Protection Overlay*: This overlay will safeguard the adjacent wildlife corridor, Stevens Creek, Stevens Creek County Park, and Blackberry Farm, ensuring that dense development does not disrupt these ecosystems and recreational spaces. *Utilize Buffer Units in the Housing Element*: By reallocating the required housing density to buffer units, Cupertino can meet its housing goals without compromising the environmental and community assets of Evulich Ct. Cupertino has long prided itself on thoughtful, sustainable urban planning, and I am confident that the city can find a balanced solution that meets state housing mandates while prioritizing the long-term well-being of its neighborhoods and natural resources. I look forward to your response and to seeing a plan that reflects the values of sustainability and community preservation. Thank you for your time and attention to this matter. Sincerely, Yiming Chung From:Ravi K To:Luke Connolly; Piu Ghosh (she/her); Pamela Wu; City Council; City Clerk Subject:Urgent: Reject Vista Heights Development Due to Environmental and Geotechnical Risks Date:Tuesday, September 17, 2024 2:09:42 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City 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 Dear Mayor Mohan, Council Members, and City Officials, I am writing to express grave concerns regarding the proposed Vista Heights development project, specifically located near Evulich Ct and Vista Heights. After thoroughly reviewing the Geotechnical Report prepared for this project, I believe that proceeding with the development would expose the City of Cupertino to serious safety, environmental, and liability risks. The report highlights significant geotechnical hazards, including evidence of previous landslides and a high potential for future landslide events, which necessitates immediate action to reject this project based on environmental and geotechnical considerations. Key Red Flags from the Geotechnical Report Landslide Evidence and Future Risk: The geotechnical report provides alarming evidence of debris flow deposits, which indicate that landslides have previously occurred at this site. Test Pit 9 specifically reveals sandy silt with gravel and debris flow material, a clear indication of prior earth movement. The presence of such material suggests that the area has already been compromised by landslides and that any new construction could exacerbate these conditions, leading to future slope failures. Given Cupertino's hilly topography and seasonal rainfall, the risk of reactivating these past landslides is considerable. Unstable Soil Composition: Numerous test pits identified soils that are weak and highly weathered, especially the conglomerate and sandstone formations found in many areas. These soils exhibit low compressive strength, raising concerns about their ability to support large- scale construction. For instance, Test Pits 1-TP4, 1-TP7, and 1-TP22 all indicate very weak soil conditions, making this site unsuitable for dense development. The soils’ tendency to shift, especially during rainstorms or seismic events, would put future residents and nearby homes at considerable risk. Groundwater and Slope Stability Issues: In addition to unstable soils, Test Pit 11 encountered groundwater seepage at a depth of just 6 feet, a factor that compounds the site's vulnerability to landslides. The interaction between fluctuating groundwater levels, weak soils, and hillside slopes creates a perfect storm for slope destabilization. This groundwater seepage, combined with the area's already documented debris flow history, poses an immediate threat to the stability of any future structures, roads, and public infrastructure. Erosion and Environmental Degradation: The hillside’s residual soils and fill materials are prone to erosion, which could accelerate as the project progresses. The report's identification of heavily weathered sandstone and conglomerate formations only adds to the likelihood of erosion, landslides, and subsurface movement. As these processes unfold, the potential for damaging adjacent properties and public infrastructure grows exponentially, raising questions about the project's long-term sustainability and safety. Responsibility to Public Safety As public officials entrusted with the welfare of Cupertino’s residents, it is your duty to ensure that development projects are not only economically viable but also safe for current and future inhabitants. The findings from this geotechnical report clearly demonstrate that the Vista Heights project, in its current form, poses unacceptable risks to the safety of our community. Moving forward with the development despite the overwhelming evidence of landslide risks could lead to catastrophic consequences, including property damage, loss of life, and significant legal liabilities for the city. Request for Action Given the severity of the issues outlined in the geotechnical report, I strongly urge you to Reject the Vista Heights project based on environmental and geotechnical considerations, including the evidence of previous landslides and the high potential for future landslides. The geotechnical report leaves little room for doubt: the combination of weak, weathered soils, groundwater seepage, and historical landslide activity renders this site too dangerous for development. I hope you will carefully consider these concerns and take swift action to protect Cupertino's residents and its natural environment from unnecessary harm. Sincerely, Ravi K From:Amy Chung To:City Council; City Clerk; Pamela Wu; Piu Ghosh (she/her); Luke Connolly Cc:Yiming Chung Subject:Urgent request to stop Summer Hill/Vista Heights development project Date:Tuesday, September 17, 2024 2:09:10 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, 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 Dear Mayor Mohan, Council Members, and City Officials, I am writing to express grave concerns regarding the proposed Summer Hill/Vista Heights development project on the hill next to Linda Vista Park. After thoroughly reviewing the Geotechnical Report prepared for this project, I believe that proceeding with the development would expose the City of Cupertino to serious safety, environmental, and liability risks. The report highlights significant geotechnical hazards, including evidence of previous landslides and a high potential for future landslide events, which necessitates immediate action to reject this project based on environmental and geotechnical considerations. *Key Red Flags from the Geotechnical Report* *Landslide Evidence and Future Risk*: The geotechnical report provides alarming evidence of debris flow deposits, which indicate that landslides have previously occurred at this site. Test Pit 9 specifically reveals sandy silt with gravel and debris flow material, a clear indication of prior earth movement. The presence of such material suggests that the area has already been compromised by landslides and that any new construction could exacerbate these conditions, leading to future slope failures. Given Cupertino's hilly topography and seasonal rainfall, the risk of reactivating these past landslides is considerable. *Unstable Soil Composition*: Numerous test pits identified soils that are weak and highly weathered, especially the conglomerate and sandstone formations found in many areas. These soils exhibit low compressive strength, raising concerns about their ability to support large-scale construction. For instance, Test Pits 1-TP4, 1-TP7, and 1-TP22 all indicate very weak soil conditions, making this site unsuitable for dense development. The soils’ tendency to shift, especially during rainstorms or seismic events, would put future residents and nearby homes at considerable risk. *Groundwater and Slope Stability Issues*: In addition to unstable soils, Test Pit 11 encountered groundwater seepage at a depth of just 6 feet, a factor that compounds the site's vulnerability to landslides. The interaction between fluctuating groundwater levels, weak soils, and hillside slopes creates a perfect storm for slope destabilization. This groundwater seepage, combined with the area's already documented debris flow history, poses an immediate threat to the stability of any future structures, roads, and public infrastructure. *Erosion and Environmental Degradation*: The hillside’s residual soils and fill materials are prone to erosion, which could accelerate as the project progresses. The report's identification of heavily weathered sandstone and conglomerate formations only adds to the likelihood of erosion, landslides, and subsurface movement. As these processes unfold, the potential for damaging adjacent properties and public infrastructure grows exponentially, raising questions about the project's long-term sustainability and safety. *Responsibility to Public Safety* As public officials entrusted with the welfare of Cupertino’s residents, it is your duty to ensure that development projects are not only economically viable but also safe for current and future inhabitants. The findings from this geotechnical report clearly demonstrate that the Vista Heights project, in its current form, poses unacceptable risks to the safety of our community. Moving forward with the development despite the overwhelming evidence of landslide risks could lead to catastrophic consequences, including property damage, loss of life, and significant legal liabilities for the city. *Request for Action* Given the severity of the issues outlined in the geotechnical report, I strongly urge you to *Reject the Vista Heights project based on environmental and geotechnical considerations*, including the evidence of previous landslides and the high potential for future landslides. The geotechnical report leaves little room for doubt: the combination of weak, weathered soils, groundwater seepage, and historical landslide activity renders this site too dangerous for development. I hope you will carefully consider these concerns and take swift action to protect Cupertino's residents and its natural environment from unnecessary harm. Sincerely, Yiming Chung From:Ravi K To:Luke Connolly; Piu Ghosh (she/her); Pamela Wu; City Council; City Clerk Subject:Urgent Request to Downzone Evulich Ct and Protect Environmental Resources Date:Tuesday, September 17, 2024 2:00:34 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, Please include the below in written communications for items not on agenda for the upcoming city council meeting. Mayor Sheila Mohan Cupertino City Council Members Pamela Wu, City Manager Luke, Planning Director Piu, Senior Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mayor Mohan, Council Members, Manager Wu, Director Luke, and Senior Planner Piu, I am writing to express my strong concerns regarding the proposed high-density development on Evulich Ct and to respectfully urge the city to downzone this site to R1. The current designation for high-density housing is not only incompatible with the surrounding residential character, but it also threatens nearby environmental resources and disrupts local ecosystems. Cupertino has the flexibility within its Housing and Community Development (HCD) framework to meet its housing goals without sacrificing the natural and community assets around Evulich Ct. The area surrounding Evulich Ct is ecologically sensitive, with Blackberry Farm, Stevens Creek, Stevens Creek County Park, and a well-established wildlife corridor located in close proximity. The environmental and infrastructural strain from developing 51 townhomes on a 2.48-acre hillside plot would negatively affect these critical green spaces. The Housing Element Site Inventory Guidebook emphasizes the importance of preserving environmental integrity when planning housing developments, particularly in areas with fragile ecosystems. Evulich Ct, with its adjacency to these natural resources, should be protected, not overburdened. An environmental protection overlay would provide the necessary framework to preserve these vital ecological and recreational areas. By applying this overlay, the city can enforce regulations that limit dense development, protect sensitive wildlife corridors, and ensure that critical habitats are not disrupted. Stevens Creek and Stevens Creek County Park are home to a variety of wildlife, and the corridor is essential for maintaining biodiversity in the region. High-density development in this area could block these natural migration pathways and lead to habitat loss, disrupting local ecosystems that rely on the interconnectedness of these spaces. Furthermore, the area’s existing infrastructure is not designed to support high-density development. The roads leading to Evulich Ct are narrow and unimproved, and the area lacks sufficient water, sewer, and utility capacity to accommodate such an influx of residents. Additionally, increased traffic and parking demands will degrade the experience for visitors to Blackberry Farm and Stevens Creek County Park, which are key recreational areas for Cupertino residents. As outlined in the Guidebook, environmental impacts, particularly on public green spaces and natural resources, should be carefully weighed before approving any significant changes in land use. Cupertino also has alternatives for meeting its housing obligations without disrupting the ecological balance of the Evulich Ct area. The HCD’s provisions allow the city to redistribute housing density to other more suitable areas that have better infrastructure and fewer environmental sensitivities. The city can leverage its available buffer units within the Housing Element and transfer the required density away from this environmentally delicate area. This approach ensures Cupertino meets its housing obligations while protecting critical green spaces, natural resources, and wildlife. In alignment with these concerns, I urge the city to take the following actions: Downzone Evulich Ct back to R1: This step will maintain compatibility with the surrounding single-family homes, protect local infrastructure, and prevent environmental degradation. Please hold a study session to clarify what the process is to downzone a property Apply an Environmental Protection Overlay: This overlay will safeguard the adjacent wildlife corridor, Stevens Creek, Stevens Creek County Park, and Blackberry Farm, ensuring that dense development does not disrupt these ecosystems and recreational spaces. Utilize Buffer Units in the Housing Element: By reallocating the required housing density to buffer units, Cupertino can meet its housing goals without compromising the environmental and community assets of Evulich Ct. Cupertino has long prided itself on thoughtful, sustainable urban planning, and I am confident that the city can find a balanced solution that meets state housing mandates while prioritizing the long-term well-being of its neighborhoods and natural resources. I look forward to your response and to seeing a plan that reflects the values of sustainability and community preservation. Thank you for your time and attention to this matter. Sincerely, Ravi K From:Mehrnaz Yazdi To:Piu Ghosh (she/her); City Council; City Council; City Clerk; City Clerk; Luke Connolly Subject:Urgent request to downsize Evulich Ct and protect environment resources Date:Tuesday, September 17, 2024 1:53:16 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, Please include the below in written communications for items not on agenda for the upcoming city council meeting. Mayor Sheila Mohan Cupertino City Council Members Pamela Wu, City Manager Luke, Planning Director Piu, Senior Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mayor Mohan, Council Members, Manager Wu, Director Luke, and Senior Planner Piu, I am writing to express my strong concerns regarding the proposed high-density development on Evulich Ct and to respectfully urge the city to downzone this site to R1. The current designation for high-density housing is not only incompatible with the surrounding residential character, but it also threatens nearby environmental resources and disrupts local ecosystems. Cupertino has the flexibility within its Housing and Community Development (HCD) framework to meet its housing goals without sacrificing the natural and community assets around Evulich Ct. The area surrounding Evulich Ct is ecologically sensitive, with Blackberry Farm, Stevens Creek, Stevens Creek County Park, and a well-established wildlife corridor located in close proximity. The environmental and infrastructural strain from developing 51 townhomes on a 2.48-acre hillside plot would negatively affect these critical green spaces. The Housing Element Site Inventory Guidebook emphasizes the importance of preserving environmental integrity when planning housing developments, particularly in areas with fragile ecosystems​. Evulich Ct, with its adjacency to these natural resources, should be protected, not overburdened. An environmental protection overlay would provide the necessary framework to preserve these vital ecological and recreational areas. By applying this overlay, the city can enforce regulations that limit dense development, protect sensitive wildlife corridors, and ensure that critical habitats are not disrupted. Stevens Creek and Stevens Creek County Park are home to a variety of wildlife, and the corridor is essential for maintaining biodiversity in the region. High-density development in this area could block these natural migration pathways and lead to habitat loss, disrupting local ecosystems that rely on the interconnectedness of these spaces. Furthermore, the area’s existing infrastructure is not designed to support high-density development. The roads leading to Evulich Ct are narrow and unimproved, and the area lacks sufficient water, sewer, and utility capacity to accommodate such an influx of residents​. Additionally, increased traffic and parking demands will degrade the experience for visitors to Blackberry Farm and Stevens Creek County Park, which are key recreational areas for Cupertino residents. As outlined in the Guidebook, environmental impacts, particularly on public green spaces and natural resources, should be carefully weighed before approving any significant changes in land use​. Cupertino also has alternatives for meeting its housing obligations without disrupting the ecological balance of the Evulich Ct area. The HCD’s provisions allow the city to redistribute housing density to other more suitable areas that have better infrastructure and fewer environmental sensitivities. The city can leverage its available buffer units within the Housing Element and transfer the required density away from this environmentally delicate area. This approach ensures Cupertino meets its housing obligations while protecting critical green spaces, natural resources, and wildlife. In alignment with these concerns, I urge the city to take the following actions: *Downzone Evulich Ct to R1*: This step will maintain compatibility with the surrounding single-family homes, protect local infrastructure, and prevent environmental degradation. *Apply an Environmental Protection Overlay*: This overlay will safeguard the adjacent wildlife corridor, Stevens Creek, Stevens Creek County Park, and Blackberry Farm, ensuring that dense development does not disrupt these ecosystems and recreational spaces. *Utilize Buffer Units in the Housing Element*: By reallocating the required housing density to buffer units, Cupertino can meet its housing goals without compromising the environmental and community assets of Evulich Ct. Cupertino has long prided itself on thoughtful, sustainable urban planning, and I am confident that the city can find a balanced solution that meets state housing mandates while prioritizing the long-term well-being of its neighborhoods and natural resources. I look forward to your response and to seeing a plan that reflects the values of sustainability and community preservation. Thank you for your time and attention to this matter. Sincerely, Mehrnaz Yazdi 10807 Linda Vista Drive Cupertino From:James Choi To:Luke Connolly; Piu Ghosh (she/her); Pamela Wu; City Council; City Clerk Subject:Urgent request to downzone Evulich Ct (Linda Vista Drive) and protect environmental resources Date:Tuesday, September 17, 2024 1:45:30 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Clerk, Please include the below in written communications for items not on agenda for the upcoming city council meeting. Also, please hold a study session to clarify what the process is to downzone a property. Mayor Sheila Mohan Cupertino City Council Members Pamela Wu, City Manager Luke, Planning Director Piu, Senior Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mayor Mohan, Council Members, Manager Wu, Director Luke, and Senior Planner Piu, I am writing to express my strong concerns regarding the proposed high-density development on Evulich Ct and to respectfully urge the city to downzone this site to R1. The current designation for high-density housing is not only incompatible with the surrounding residential character, but it also threatens nearby environmental resources and disrupts local ecosystems. Cupertino has the flexibility within its Housing and Community Development (HCD) framework to meet its housing goals without sacrificing the natural and community assets around Evulich Ct. The area surrounding Evulich Ct is ecologically sensitive, with Blackberry Farm, Stevens Creek, Stevens Creek County Park, and a well-established wildlife corridor located in close proximity. The environmental and infrastructural strain from developing 51 townhomes on a 2.48-acre hillside plot would negatively affect these critical green spaces. The Housing Element Site Inventory Guidebook emphasizes the importance of preserving environmental integrity when planning housing developments, particularly in areas with fragile ecosystems. Evulich Ct, with its adjacency to these natural resources, should be protected, not overburdened. An environmental protection overlay would provide the necessary framework to preserve these vital ecological and recreational areas. By applying this overlay, the city can enforce regulations that limit dense development, protect sensitive wildlife corridors, and ensure that critical habitats are not disrupted. Stevens Creek and Stevens Creek County Park are home to a variety of wildlife, and the corridor is essential for maintaining biodiversity in the region. High-density development in this area could block these natural migration pathways and lead to habitat loss, disrupting local ecosystems that rely on the interconnectedness of these spaces. Furthermore, the area’s existing infrastructure is not designed to support high-density development. The roads leading to Evulich Ct are narrow and unimproved, and the area lacks sufficient water, sewer, and utility capacity to accommodate such an influx of residents. Additionally, increased traffic and parking demands will degrade the experience for visitors to Blackberry Farm and Stevens Creek County Park, which are key recreational areas for Cupertino residents. As outlined in the Guidebook, environmental impacts, particularly on public green spaces and natural resources, should be carefully weighed before approving any significant changes in land use. Cupertino also has alternatives for meeting its housing obligations without disrupting the ecological balance of the Evulich Ct area. The HCD’s provisions allow the city to redistribute housing density to other more suitable areas that have better infrastructure and fewer environmental sensitivities. The city can leverage its available buffer units within the Housing Element and transfer the required density away from this environmentally delicate area. This approach ensures Cupertino meets its housing obligations while protecting critical green spaces, natural resources, and wildlife. In alignment with these concerns, I urge the city to take the following actions: *Downzone Evulich Ct to R1*: This step will maintain compatibility with the surrounding single-family homes, protect local infrastructure, and prevent environmental degradation. *Apply an Environmental Protection Overlay*: This overlay will safeguard the adjacent wildlife corridor, Stevens Creek, Stevens Creek County Park, and Blackberry Farm, ensuring that dense development does not disrupt these ecosystems and recreational spaces. *Utilize Buffer Units in the Housing Element*: By reallocating the required housing density to buffer units, Cupertino can meet its housing goals without compromising the environmental and community assets of Evulich Ct. Cupertino has long prided itself on thoughtful, sustainable urban planning, and I am confident that the city can find a balanced solution that meets state housing mandates while prioritizing the long-term well-being of its neighborhoods and natural resources. I look forward to your response and to seeing a plan that reflects the values of sustainability and community preservation. Thank you for your time and attention to this matter. Sincerely, James Choi (Cupertino resident for 42 years) From:James Choi To:Luke Connolly; Piu Ghosh (she/her); Pamela Wu; City Council; City Clerk Subject:Urgent request to reject Vista Heights (Linda Vista Drive) based on geotechnical report Date:Tuesday, September 17, 2024 1:43:00 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, 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 Dear Mayor Mohan, Council Members, and City Officials, I am writing to express grave concerns regarding the proposed Vista Heights development project, specifically located near Evulich Ct and Linda Vista Park. After thoroughly reviewing the Geotechnical Report prepared for this project, I believe that proceeding with the development would expose the City of Cupertino to serious safety, environmental, and liability risks. The report highlights significant geotechnical hazards, including evidence of previous landslides and a high potential for future landslide events, which necessitates immediate action to reject this project based on environmental and geotechnical considerations. *Key Red Flags from the Geotechnical Report* *Landslide Evidence and Future Risk*: The geotechnical report provides alarming evidence of debris flow deposits, which indicate that landslides have previously occurred at this site. Test Pit 9 specifically reveals sandy silt with gravel and debris flow material, a clear indication of prior earth movement. The presence of such material suggests that the area has already been compromised by landslides and that any new construction could exacerbate these conditions, leading to future slope failures. Given Cupertino's hilly topography and seasonal rainfall, the risk of reactivating these past landslides is considerable. *Unstable Soil Composition*: Numerous test pits identified soils that are weak and highly weathered, especially the conglomerate and sandstone formations found in many areas. These soils exhibit low compressive strength, raising concerns about their ability to support large- scale construction. For instance, Test Pits 1-TP4, 1-TP7, and 1-TP22 all indicate very weak soil conditions, making this site unsuitable for dense development. The soils’ tendency to shift, especially during rainstorms or seismic events, would put future residents and nearby homes at considerable risk. *Groundwater and Slope Stability Issues*: In addition to unstable soils, Test Pit 11 encountered groundwater seepage at a depth of just 6 feet, a factor that compounds the site's vulnerability to landslides. The interaction between fluctuating groundwater levels, weak soils, and hillside slopes creates a perfect storm for slope destabilization. This groundwater seepage, combined with the area's already documented debris flow history, poses an immediate threat to the stability of any future structures, roads, and public infrastructure. *Erosion and Environmental Degradation*: The hillside’s residual soils and fill materials are prone to erosion, which could accelerate as the project progresses. The report's identification of heavily weathered sandstone and conglomerate formations only adds to the likelihood of erosion, landslides, and subsurface movement. As these processes unfold, the potential for damaging adjacent properties and public infrastructure grows exponentially, raising questions about the project's long-term sustainability and safety. *Responsibility to Public Safety*: As public officials entrusted with the welfare of Cupertino’s residents, it is your duty to ensure that development projects are not only economically viable but also safe for current and future inhabitants. The findings from this geotechnical report clearly demonstrate that the Vista Heights project, in its current form, poses unacceptable risks to the safety of our community. Moving forward with the development despite the overwhelming evidence of landslide risks could lead to catastrophic consequences, including property damage, loss of life, and significant legal liabilities for the city. *Request for Action* Given the severity of the issues outlined in the geotechnical report, I strongly urge you to *Reject the Vista Heights project based on environmental and geotechnical considerations*, including the evidence of previous landslides and the high potential for future landslides. The geotechnical report leaves little room for doubt: the combination of weak, weathered soils, groundwater seepage, and historical landslide activity renders this site too dangerous for development. I hope you will carefully consider these concerns and take swift action to protect Cupertino's residents and its natural environment from unnecessary harm. Sincerely, James Choi (Cupertino resident for 42 years) From:AR. Yazdi To:likkec@cupertino.gov; Piu Ghosh (she/her); Pamela Wu; City Clerk; City Council Subject:Urgent request to downsize Evulich Ct and protect environment resources Date:Tuesday, September 17, 2024 1:32:46 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, Please include the below in written communications for items not on agenda for the upcoming city council meeting. Mayor Sheila Mohan Cupertino City Council Members Pamela Wu, City Manager Luke, Planning Director Piu, Senior Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mayor Mohan, Council Members, Manager Wu, Director Luke, and Senior Planner Piu, I am writing to express my strong concerns regarding the proposed high-density development on Evulich Ct and to respectfully urge the city to downzone this site to R1. The current designation for high-density housing is not only incompatible with the surrounding residential character, but it also threatens nearby environmental resources and disrupts local ecosystems. Cupertino has the flexibility within its Housing and Community Development (HCD) framework to meet its housing goals without sacrificing the natural and community assets around Evulich Ct. The area surrounding Evulich Ct is ecologically sensitive, with Blackberry Farm, Stevens Creek, Stevens Creek County Park, and a well-established wildlife corridor located in close proximity. The environmental and infrastructural strain from developing 51 townhomes on a 2.48-acre hillside plot would negatively affect these critical green spaces. The Housing Element Site Inventory Guidebook emphasizes the importance of preserving environmental integrity when planning housing developments, particularly in areas with fragile ecosystems​. Evulich Ct, with its adjacency to these natural resources, should be protected, not overburdened. An environmental protection overlay would provide the necessary framework to preserve these vital ecological and recreational areas. By applying this overlay, the city can enforce regulations that limit dense development, protect sensitive wildlife corridors, and ensure that critical habitats are not disrupted. Stevens Creek and Stevens Creek County Park are home to a variety of wildlife, and the corridor is essential for maintaining biodiversity in the region. High-density development in this area could block these natural migration pathways and lead to habitat loss, disrupting local ecosystems that rely on the interconnectedness of these spaces. Furthermore, the area’s existing infrastructure is not designed to support high-density development. The roads leading to Evulich Ct are narrow and unimproved, and the area lacks sufficient water, sewer, and utility capacity to accommodate such an influx of residents​. Additionally, increased traffic and parking demands will degrade the experience for visitors to Blackberry Farm and Stevens Creek County Park, which are key recreational areas for Cupertino residents. As outlined in the Guidebook, environmental impacts, particularly on public green spaces and natural resources, should be carefully weighed before approving any significant changes in land use​. Cupertino also has alternatives for meeting its housing obligations without disrupting the ecological balance of the Evulich Ct area. The HCD’s provisions allow the city to redistribute housing density to other more suitable areas that have better infrastructure and fewer environmental sensitivities. The city can leverage its available buffer units within the Housing Element and transfer the required density away from this environmentally delicate area. This approach ensures Cupertino meets its housing obligations while protecting critical green spaces, natural resources, and wildlife. In alignment with these concerns, I urge the city to take the following actions: *Downzone Evulich Ct to R1*: This step will maintain compatibility with the surrounding single-family homes, protect local infrastructure, and prevent environmental degradation. *Apply an Environmental Protection Overlay*: This overlay will safeguard the adjacent wildlife corridor, Stevens Creek, Stevens Creek County Park, and Blackberry Farm, ensuring that dense development does not disrupt these ecosystems and recreational spaces. *Utilize Buffer Units in the Housing Element*: By reallocating the required housing density to buffer units, Cupertino can meet its housing goals without compromising the environmental and community assets of Evulich Ct. Cupertino has long prided itself on thoughtful, sustainable urban planning, and I am confident that the city can find a balanced solution that meets state housing mandates while prioritizing the long-term well-being of its neighborhoods and natural resources. I look forward to your response and to seeing a plan that reflects the values of sustainability and community preservation. Thank you for your time and attention to this matter. Sincerely, Ahmad R Yazdi 10807 Linda Vista Drive Cupertino From:Ying Dillaha To:Luke Connolly; Piu Ghosh (she/her); Pamela Wu; City Council; City Clerk Subject:Downzone Evulich Ct! Date:Tuesday, September 17, 2024 1:30:54 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, Please include the below in written communications for items not on agenda for the upcoming city council meeting. Mayor Sheila Mohan Cupertino City Council Members Pamela Wu, City Manager Luke, Planning Director Piu, Senior Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mayor Mohan, Council Members, Manager Wu, Director Luke, and Senior Planner Piu, I am writing to express my strong concerns regarding the proposed high-density development on Evulich Ct and to respectfully urge the city to downzone this site to R1. The current designation for high-density housing is not only incompatible with the surrounding residential character, but it also threatens nearby environmental resources and disrupts local ecosystems. Cupertino has the flexibility within its Housing and Community Development (HCD) framework to meet its housing goals without sacrificing the natural and community assets around Evulich Ct. The area surrounding Evulich Ct is ecologically sensitive, with Blackberry Farm, Stevens Creek, Stevens Creek County Park, and a well-established wildlife corridor located in close proximity. The environmental and infrastructural strain from developing 51 townhomes on a 2.48-acre hillside plot would negatively affect these critical green spaces. The Housing Element Site Inventory Guidebook emphasizes the importance of preserving environmental integrity when planning housing developments, particularly in areas with fragile ecosystems​. Evulich Ct, with its adjacency to these natural resources, should be protected, not overburdened. An environmental protection overlay would provide the necessary framework to preserve these vital ecological and recreational areas. By applying this overlay, the city can enforce regulations that limit dense development, protect sensitive wildlife corridors, and ensure that critical habitats are not disrupted. Stevens Creek and Stevens Creek County Park are home to a variety of wildlife, and the corridor is essential for maintaining biodiversity in the region. High-density development in this area could block these natural migration pathways and lead to habitat loss, disrupting local ecosystems that rely on the interconnectedness of these spaces. Furthermore, the area’s existing infrastructure is not designed to support high-density development. The roads leading to Evulich Ct are narrow and unimproved, and the area lacks sufficient water, sewer, and utility capacity to accommodate such an influx of residents​. Additionally, increased traffic and parking demands will degrade the experience for visitors to Blackberry Farm and Stevens Creek County Park, which are key recreational areas for Cupertino residents. As outlined in the Guidebook, environmental impacts, particularly on public green spaces and natural resources, should be carefully weighed before approving any significant changes in land use​. Cupertino also has alternatives for meeting its housing obligations without disrupting the ecological balance of the Evulich Ct area. The HCD’s provisions allow the city to redistribute housing density to other more suitable areas that have better infrastructure and fewer environmental sensitivities. The city can leverage its available buffer units within the Housing Element and transfer the required density away from this environmentally delicate area. This approach ensures Cupertino meets its housing obligations while protecting critical green spaces, natural resources, and wildlife. In alignment with these concerns, I urge the city to take the following actions: Downzone Evulich Ct to R1: This step will maintain compatibility with the surrounding single-family homes, protect local infrastructure, and prevent environmental degradation. Apply an Environmental Protection Overlay: This overlay will safeguard the adjacent wildlife corridor, Stevens Creek, Stevens Creek County Park, and Blackberry Farm, ensuring that dense development does not disrupt these ecosystems and recreational spaces. Utilize Buffer Units in the Housing Element: By reallocating the required housing density to buffer units, Cupertino can meet its housing goals without compromising the environmental and community assets of Evulich Ct. Cupertino has long prided itself on thoughtful, sustainable urban planning, and I am confident that the city can find a balanced solution that meets state housing mandates while prioritizing the long-term well-being of its neighborhoods and natural resources. I look forward to your response and to seeing a plan that reflects the values of sustainability and community preservation. Thank you for your time and attention to this matter. Sincerely, Ying Sosic Cupertino resident From:Santosh Rao To:City Council; Pamela Wu; Luke Connolly; Piu Ghosh (she/her); City Clerk Subject:Urgent Call to Deny Vista Heights Project application on environmental and geotechnical grounds. Date:Tuesday, September 17, 2024 1:14:29 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 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 Dear Mayor Mohan, Council Members, and City Officials, I am writing to express grave concerns regarding the proposed Vista Heights development project, specifically located near Evulich Ct and Vista Heights. After thoroughly reviewing the Geotechnical Report prepared for this project, I believe that proceeding with the development would expose the City of Cupertino to serious safety, environmental, and liability risks. The report highlights significant geotechnical hazards, including evidence of previous landslides and a high potential for future landslide events, which necessitates immediate action to reject this project based on environmental and geotechnical considerations. Key Red Flags from the Geotechnical Report Landslide Evidence and Future Risk: The geotechnical report provides alarming evidence of debris flow deposits, which indicate that landslides have previously occurred at this site. Test Pit 9 specifically reveals sandy silt with gravel and debris flow material, a clear indication of prior earth movement. The presence of such material suggests that the area has already been compromised by landslides and that any new construction could exacerbate these conditions, leading to future slope failures. Given Cupertino's hilly topography and seasonal rainfall, the risk of reactivating these past landslides is considerable. Unstable Soil Composition: Numerous test pits identified soils that are weak and highly weathered, especially the conglomerate and sandstone formations found in many areas. These soils exhibit low compressive strength, raising concerns about their ability to support large- scale construction. For instance, Test Pits 1-TP4, 1-TP7, and 1-TP22 all indicate very weak soil conditions, making this site unsuitable for dense development. The soils’ tendency to shift, especially during rainstorms or seismic events, would put future residents and nearby homes at considerable risk. Groundwater and Slope Stability Issues: In addition to unstable soils, Test Pit 11 encountered groundwater seepage at a depth of just 6 feet, a factor that compounds the site's vulnerability to landslides. The interaction between fluctuating groundwater levels, weak soils, and hillside slopes creates a perfect storm for slope destabilization. This groundwater seepage, combined with the area's already documented debris flow history, poses an immediate threat to the stability of any future structures, roads, and public infrastructure. Erosion and Environmental Degradation: The hillside’s residual soils and fill materials are prone to erosion, which could accelerate as the project progresses. The report's identification of heavily weathered sandstone and conglomerate formations only adds to the likelihood of erosion, landslides, and subsurface movement. As these processes unfold, the potential for damaging adjacent properties and public infrastructure grows exponentially, raising questions about the project's long-term sustainability and safety. Responsibility to Public Safety As public officials entrusted with the welfare of Cupertino’s residents, it is your duty to ensure that development projects are not only economically viable but also safe for current and future inhabitants. The findings from this geotechnical report clearly demonstrate that the Vista Heights project, in its current form, poses unacceptable risks to the safety of our community. Moving forward with the development despite the overwhelming evidence of landslide risks could lead to catastrophic consequences, including property damage, loss of life, and significant legal liabilities for the city. Request for Action Given the severity of the issues outlined in the geotechnical report, I strongly urge you to Reject the Vista Heights project based on environmental and geotechnical considerations, including the evidence of previous landslides and the high potential for future landslides. The geotechnical report leaves little room for doubt: the combination of weak, weathered soils, groundwater seepage, and historical landslide activity renders this site too dangerous for development. I hope you will carefully consider these concerns and take swift action to protect Cupertino's residents and its natural environment from unnecessary harm. Sincerely, Santosh Rao From:Santosh Rao To:City Council; Pamela Wu; City Clerk; Luke Connolly; Piu Ghosh (she/her) Subject:Down zone Evlulich Ct back to R1 using provisions available under HCD guidelines. Date:Tuesday, September 17, 2024 1:01:57 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, Please include the below in written communications for items not on agenda for the upcoming city council meeting. Mayor Sheila Mohan Cupertino City Council Members Pamela Wu, City Manager Luke, Planning Director Piu, Senior Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mayor Mohan, Council Members, Manager Wu, Director Luke, and Senior Planner Piu, I am writing to express my strong concerns regarding the proposed high-density development on Evulich Ct and to respectfully urge the city to downzone this site to R1. The current designation for high-density housing is not only incompatible with the surrounding residential character, but it also threatens nearby environmental resources and disrupts local ecosystems. Cupertino has the flexibility within its Housing and Community Development (HCD) framework to meet its housing goals without sacrificing the natural and community assets around Evulich Ct. The area surrounding Evulich Ct is ecologically sensitive, with Blackberry Farm, Stevens Creek, Stevens Creek County Park, and a well-established wildlife corridor located in close proximity. The environmental and infrastructural strain from developing 51 townhomes on a 2.48-acre hillside plot would negatively affect these critical green spaces. The Housing Element Site Inventory Guidebook emphasizes the importance of preserving environmental integrity when planning housing developments, particularly in areas with fragile ecosystems​. Evulich Ct, with its adjacency to these natural resources, should be protected, not overburdened. An environmental protection overlay would provide the necessary framework to preserve these vital ecological and recreational areas. By applying this overlay, the city can enforce regulations that limit dense development, protect sensitive wildlife corridors, and ensure that critical habitats are not disrupted. Stevens Creek and Stevens Creek County Park are home to a variety of wildlife, and the corridor is essential for maintaining biodiversity in the region. High-density development in this area could block these natural migration pathways and lead to habitat loss, disrupting local ecosystems that rely on the interconnectedness of these spaces. Furthermore, the area’s existing infrastructure is not designed to support high-density development. The roads leading to Evulich Ct are narrow and unimproved, and the area lacks sufficient water, sewer, and utility capacity to accommodate such an influx of residents​. Additionally, increased traffic and parking demands will degrade the experience for visitors to Blackberry Farm and Stevens Creek County Park, which are key recreational areas for Cupertino residents. As outlined in the Guidebook, environmental impacts, particularly on public green spaces and natural resources, should be carefully weighed before approving any significant changes in land use​. Cupertino also has alternatives for meeting its housing obligations without disrupting the ecological balance of the Evulich Ct area. The HCD’s provisions allow the city to redistribute housing density to other more suitable areas that have better infrastructure and fewer environmental sensitivities. The city can leverage its available buffer units within the Housing Element and transfer the required density away from this environmentally delicate area. This approach ensures Cupertino meets its housing obligations while protecting critical green spaces, natural resources, and wildlife. In alignment with these concerns, I urge the city to take the following actions: Downzone Evulich Ct to R1: This step will maintain compatibility with the surrounding single-family homes, protect local infrastructure, and prevent environmental degradation. Apply an Environmental Protection Overlay: This overlay will safeguard the adjacent wildlife corridor, Stevens Creek, Stevens Creek County Park, and Blackberry Farm, ensuring that dense development does not disrupt these ecosystems and recreational spaces. Utilize Buffer Units in the Housing Element: By reallocating the required housing density to buffer units, Cupertino can meet its housing goals without compromising the environmental and community assets of Evulich Ct. Cupertino has long prided itself on thoughtful, sustainable urban planning, and I am confident that the city can find a balanced solution that meets state housing mandates while prioritizing the long-term well-being of its neighborhoods and natural resources. I look forward to your response and to seeing a plan that reflects the values of sustainability and community preservation. Thank you for your time and attention to this matter. Sincerely, Santosh Rao From:Vikram Saxena To:Piu Ghosh (she/her); City Clerk; Luke Connolly; City Council; Pamela Wu Subject:Please Stop Work at Vista Heights without adequate supervision Date:Tuesday, September 17, 2024 12:48:59 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, 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 Dear Mayor Mohan, Council Members, and City Officials, I live on 11126 Linda Vista Drive right under the cliff over which the Vista Height development is proposed. I am writing to express grave concerns regarding the proposed Vista Heights development project. I am worried that the developer is putting us at risk since they have started earth moving work with little oversight. We have seen mechanical equipment fluid spills and also dirt moving down from the site after rain. After thoroughly reviewing the Geotechnical Report prepared for this project, I believe that proceeding with the development would expose the City of Cupertino to serious safety, environmental, and liability risks. The report highlights significant geotechnical hazards, including evidence of previous landslides and a high potential for future landslide events, which necessitates immediate action to reject this project based on environmental and geotechnical considerations. *Key Red Flags from the Geotechnical Report* *Landslide Evidence and Future Risk*: The geotechnical report provides alarming evidence of debris flow deposits, which indicate that landslides have previously occurred at this site. Test Pit 9 specifically reveals sandy silt with gravel and debris flow material, a clear indication of prior earth movement. The presence of such material suggests that the area has already been compromised by landslides and that any new construction could exacerbate these conditions, leading to future slope failures. Given Cupertino's hilly topography and seasonal rainfall, the risk of reactivating these past landslides is considerable. *Unstable Soil Composition*: Numerous test pits identified soils that are weak and highly weathered, especially the conglomerate and sandstone formations found in many areas. These soils exhibit low compressive strength, raising concerns about their ability to support large- scale construction For instance, Test Pits 1-TP4, 1-TP7, and 1-TP22 all indicate very weak soil conditions, making this site unsuitable for dense development. The soils’ tendency to shift, especially during rainstorms or seismic events, would put future residents and nearby homes at considerable risk. *Groundwater and Slope Stability Issues*: In addition to unstable soils, Test Pit 11 encountered groundwater seepage at a depth of just 6 feet, a factor that compounds the site's vulnerability to landslides. The interaction between fluctuating groundwater levels, weak soils, and hillside slopes creates a perfect storm for slope destabilization. This groundwater seepage, combined with the area's already documented debris flow history, poses an immediate threat to the stability of any future structures, roads, and public infrastructure. "Erosion and Environmental Degradation*: The hillside’s residual soils and fill materials are prone to erosion, which could accelerate as the project progresses. The report's identification of heavily weathered sandstone and conglomerate formations only adds to the likelihood of erosion, landslides, and subsurface movement. As these processes unfold, the potential for damaging adjacent properties and public infrastructure grows exponentially, raising questions about the project's long-term sustainability and safety. *Responsibility to Public Safety* As public officials entrusted with the welfare of Cupertino’s residents, it is your duty to ensure that development projects are not only economically viable but also safe for current and future inhabitants. The findings from this geotechnical report clearly demonstrate that the Vista Heights project, in its current form, poses unacceptable risks to the safety of our community. Moving forward with the development despite the overwhelming evidence of landslide risks could lead to catastrophic consequences, including property damage, loss of life, and significant legal liabilities for the city. *Request for Action* Given the severity of the issues outlined in the geotechnical report, I strongly urge you to *Reject the Vista Heights project based on environmental and geotechnical considerations*, including the evidence of previous landslides and the high potential for future landslides. The geotechnical report leaves little room for doubt: the combination of weak, weathered soils, groundwater seepage, and historical landslide activity renders this site too dangerous for development. I hope you will carefully consider these concerns and take swift action to protect Cupertino's residents and its natural environment from unnecessary harm. Sincerely Vikram Saxena From:Helena Cohen To:Luke Connolly; Piu Ghosh (she/her); Pamela Wu; City Council; City Clerk Subject:Vista Heights Project Date:Tuesday, September 17, 2024 12:06:12 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 Mayor Mohan, Council Members, and City Officials, I am writing to express grave concerns regarding the proposed Vista Heights development project, specifically located near Evulich Ct and Vista Heights. After thoroughly reviewing the Geotechnical Report prepared for this project, I believe that proceeding with the development would expose the City of Cupertino to serious safety, environmental, and liability risks. The report highlights significant geotechnical hazards, including evidence of previous landslides and a high potential for future landslide events, which necessitates immediate action to reject this project based on environmental and geotechnical considerations. *Key Red Flags from the Geotechnical Report* *Landslide Evidence and Future Risk*: The geotechnical report provides alarming evidence of debris flow deposits, which indicate that landslides have previously occurred at this site. Test Pit 9 specifically reveals sandy silt with gravel and debris flow material, a clear indication of prior earth movement. The presence of such material suggests that the area has already been compromised by landslides and that any new construction could exacerbate these conditions, leading to future slope failures. Given Cupertino's hilly topography and seasonal rainfall, the risk of reactivating these past landslides is considerable. You only have to go and look at the old 100-year-old quarry that abuts Linda Vista Park to see that the landscape has never recovered and continues to erode and slip. *Unstable Soil Composition*: Numerous test pits identified soils that are weak and highly weathered, especially the conglomerate and sandstone formations found in many areas. These soils exhibit low compressive strength, raising concerns about their ability to support large- scale construction. For instance, Test Pits 1-TP4, 1-TP7, and 1-TP22 all indicate very weak soil conditions, making this site unsuitable for dense development. The soils’ tendency to shift, especially during rainstorms or seismic events, would put future residents and nearby homes at considerable risk. *Groundwater and Slope Stability Issues*: In addition to unstable soils, Test Pit 11 encountered groundwater seepage at a depth of just 6 feet, a factor that compounds the site's vulnerability to landslides. The interaction between fluctuating groundwater levels, weak soils, and hillside slopes creates a perfect storm for slope destabilization. This groundwater seepage, combined with the area's already documented debris flow history, poses an immediate threat to the stability of any future structures, roads, and public infrastructure. *Erosion and Environmental Degradation*: The hillside’s residual soils and fill materials are prone to erosion, which could accelerate as the project progresses. The report's identification of heavily weathered sandstone and conglomerate formations only adds to the likelihood of erosion, landslides, and subsurface movement. As these processes unfold, the potential for damaging adjacent properties and public infrastructure grows exponentially, raising questions about the project's long-term sustainability and safety. *Responsibility to Public Safety* As public officials entrusted with the welfare of Cupertino’s residents, it is your duty to ensure that development projects are not only economically viable but also safe for current and future inhabitants. The findings from this geotechnical report clearly demonstrate that the Vista Heights project, in its current form, poses unacceptable risks to the safety of our community. Moving forward with the development despite the overwhelming evidence of landslide risks could lead to catastrophic consequences, including property damage, loss of life, and significant legal liabilities for the city. *Request for Action* Given the severity of the issues outlined in the geotechnical report, I strongly urge you to *Reject the Vista Heights project based on environmental and geotechnical considerations*, including the evidence of previous landslides and the high potential for future landslides. The geotechnical report leaves little room for doubt: the combination of weak, weathered soils, groundwater seepage, and historical landslide activity renders this site too dangerous for development. I hope you will carefully consider these concerns and take swift action to protect Cupertino's residents and its natural environment from unnecessary harm. I sincerely hope that you carefully consider these issues. PLEASE INCLUDE THIS EMAIL IN THE MINUTES OF TODAY'S CITY COUNCIL MEETING, 9/17/2024. Thank you! Thank you. Helena Cohen 408.313.2899 From:Santa Teresa Cupertino To:Luke Connolly; Piu Ghosh (she/her); Pamela Wu; City Council; City Clerk Cc:santateresacupertino@gmail.com Subject:Please include the below as written communications for items not on agenda for the upcoming city council meeting. Date:Tuesday, September 17, 2024 11:50:20 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 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 Dear Mayor Mohan, Council Members, and City Officials, I am writing to express grave concerns regarding the proposed Vista Heights development project, specifically located near Evulich Ct and Vista Heights. After thoroughly reviewing the Geotechnical Report prepared for this project, I believe that proceeding with the development would expose the City of Cupertino to serious safety, environmental, and liability risks. The report highlights significant geotechnical hazards, including evidence of previous landslides and a high potential for future landslide events, which necessitates immediate action to reject this project based on environmental and geotechnical considerations. *Key Red Flags from the Geotechnical Report* *Landslide Evidence and Future Risk*: The geotechnical report provides alarming evidence of debris flow deposits, which indicate that landslides have previously occurred at this site. Test Pit 9 specifically reveals sandy silt with gravel and debris flow material, a clear indication of prior earth movement. The presence of such material suggests that the area has already been compromised by landslides and that any new construction could exacerbate these conditions, leading to future slope failures. Given Cupertino's hilly topography and seasonal rainfall, the risk of reactivating these past landslides is considerable. *Unstable Soil Composition*: Numerous test pits identified soils that are weak and highly weathered, especially the conglomerate and sandstone formations found in many areas. These soils exhibit low compressive strength, raising concerns about their ability to support large-scale construction. For instance, Test Pits 1-TP4, 1-TP7, and 1-TP22 all indicate very weak soil conditions, making this site unsuitable for dense development. The soils’ tendency to shift, especially during rainstorms or seismic events, would put future residents and nearby homes at considerable risk. *Groundwater and Slope Stability Issues*: In addition to unstable soils, Test Pit 11 encountered groundwater seepage at a depth of just 6 feet, a factor that compounds the site's vulnerability to landslides. The interaction between fluctuating groundwater levels, weak soils, and hillside slopes creates a perfect storm for slope destabilization. This groundwater seepage, combined with the area's already documented debris flow history, poses an immediate threat to the stability of any future structures, roads, and public infrastructure. *Erosion and Environmental Degradation*: The hillside’s residual soils and fill materials are prone to erosion, which could accelerate as the project progresses. The report's identification of heavily weathered sandstone and conglomerate formations only adds to the likelihood of erosion, landslides, and subsurface movement. As these processes unfold, the potential for damaging adjacent properties and public infrastructure grows exponentially, raising questions about the project's long-term sustainability and safety. *Responsibility to Public Safety* As public officials entrusted with the welfare of Cupertino’s residents, it is your duty to ensure that development projects are not only economically viable but also safe for current and future inhabitants. The findings from this geotechnical report clearly demonstrate that the Vista Heights project, in its current form, poses unacceptable risks to the safety of our community. Moving forward with the development despite the overwhelming evidence of landslide risks could lead to catastrophic consequences, including property damage, loss of life, and significant legal liabilities for the city. *Request for Action* Given the severity of the issues outlined in the geotechnical report, I strongly urge you to *Reject the Vista Heights project based on environmental and geotechnical considerations*, including the evidence of previous landslides and the high potential for future landslides. The geotechnical report leaves little room for doubt: the combination of weak, weathered soils, groundwater seepage, and historical landslide activity renders this site too dangerous for development. I hope you will carefully consider these concerns and take swift action to protect Cupertino's residents and its natural environment from unnecessary harm. Sincerely, Cupertino Resident Sent from my iPhone From:Philip Lo To:Luke Connolly; Piu Ghosh (she/her); Pamela Wu; City Council; City Clerk Subject:Written communication to include items in upcoming city council meeting Date:Tuesday, September 17, 2024 11:44:22 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 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 Dear Mayor Mohan, Council Members, and City Officials, I am writing to express grave concerns regarding the proposed Vista Heights development project, specifically located near Evulich Ct and Vista Heights. After thoroughly reviewing the Geotechnical Report prepared for this project, I believe that proceeding with the development would expose the City of Cupertino to serious safety, environmental, and liability risks. The report highlights significant geotechnical hazards, including evidence of previous landslides and a high potential for future landslide events, which necessitates immediate action to reject this project based on environmental and geotechnical considerations. *Key Red Flags from the Geotechnical Report* *Landslide Evidence and Future Risk*: The geotechnical report provides alarming evidence of debris flow deposits, which indicate that landslides have previously occurred at this site. Test Pit 9 specifically reveals sandy silt with gravel and debris flow material, a clear indication of prior earth movement. The presence of such material suggests that the area has already been compromised by landslides and that any new construction could exacerbate these conditions, leading to future slope failures. Given Cupertino's hilly topography and seasonal rainfall, the risk of reactivating these past landslides is considerable. *Unstable Soil Composition*: Numerous test pits identified soils that are weak and highly weathered, especially the conglomerate and sandstone formations found in many areas. These soils exhibit low compressive strength, raising concerns about their ability to support large- scale construction. For instance, Test Pits 1-TP4, 1-TP7, and 1-TP22 all indicate very weak soil conditions, making this site unsuitable for dense development. The soils’ tendency to shift, especially during rainstorms or seismic events, would put future residents and nearby homes at considerable risk. *Groundwater and Slope Stability Issues*: In addition to unstable soils, Test Pit 11 encountered groundwater seepage at a depth of just 6 feet, a factor that compounds the site's vulnerability to landslides. The interaction between fluctuating groundwater levels, weak soils, and hillside slopes creates a perfect storm for slope destabilization. This groundwater seepage, combined with the area's already documented debris flow history, poses an immediate threat to the stability of any future structures, roads, and public infrastructure. *Erosion and Environmental Degradation*: The hillside’s residual soils and fill materials are prone to erosion, which could accelerate as the project progresses. The report's identification of heavily weathered sandstone and conglomerate formations only adds to the likelihood of erosion, landslides, and subsurface movement. As these processes unfold, the potential for damaging adjacent properties and public infrastructure grows exponentially, raising questions about the project's long-term sustainability and safety. *Responsibility to Public Safety* As public officials entrusted with the welfare of Cupertino’s residents, it is your duty to ensure that development projects are not only economically viable but also safe for current and future inhabitants. The findings from this geotechnical report clearly demonstrate that the Vista Heights project, in its current form, poses unacceptable risks to the safety of our community. Moving forward with the development despite the overwhelming evidence of landslide risks could lead to catastrophic consequences, including property damage, loss of life, and significant legal liabilities for the city. *Request for Action* Given the severity of the issues outlined in the geotechnical report, I strongly urge you to *Reject the Vista Heights project based on environmental and geotechnical considerations*, including the evidence of previous landslides and the high potential for future landslides. The geotechnical report leaves little room for doubt: the combination of weak, weathered soils, groundwater seepage, and historical landslide activity renders this site too dangerous for development. I hope you will carefully consider these concerns and take swift action to protect Cupertino's residents and its natural environment from unnecessary harm. Sincerely, Philip Lo 22100 Rae Lane, Cupertino From:Ying Dillaha To:Luke Connolly; Piu Ghosh (she/her); Pamela Wu; City Council; City Clerk Subject:Stop Vista Heights development Date:Tuesday, September 17, 2024 11:27:40 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 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 Dear Mayor Mohan, Council Members, and City Officials, I am writing to express grave concerns regarding the proposed Vista Heights development project, specifically located near Evulich Ct and Vista Heights. After thoroughly reviewing the Geotechnical Report prepared for this project, I believe that proceeding with the development would expose the City of Cupertino to serious safety, environmental, and liability risks. The report highlights significant geotechnical hazards, including evidence of previous landslides and a high potential for future landslide events, which necessitates immediate action to reject this project based on environmental and geotechnical considerations. Key Red Flags from the Geotechnical Report Landslide Evidence and Future Risk: The geotechnical report provides alarming evidence of debris flow deposits, which indicate that landslides have previously occurred at this site. Test Pit 9 specifically reveals sandy silt with gravel and debris flow material, a clear indication of prior earth movement. The presence of such material suggests that the area has already been compromised by landslides and that any new construction could exacerbate these conditions, leading to future slope failures. Given Cupertino's hilly topography and seasonal rainfall, the risk of reactivating these past landslides is considerable. Unstable Soil Composition: Numerous test pits identified soils that are weak and highly weathered, especially the conglomerate and sandstone formations found in many areas. These soils exhibit low compressive strength, raising concerns about their ability to support large-scale construction. For instance, Test Pits 1-TP4, 1-TP7, and 1-TP22 all indicate very weak soil conditions, making this site unsuitable for dense development. The soils’ tendency to shift, especially during rainstorms or seismic events, would put future residents and nearby homes at considerable risk. Groundwater and Slope Stability Issues: In addition to unstable soils, Test Pit 11 encountered groundwater seepage at a depth of just 6 feet, a factor that compounds the site's vulnerability to landslides. The interaction between fluctuating groundwater levels, weak soils, and hillside slopes creates a perfect storm for slope destabilization. This groundwater seepage, combined with the area's already documented debris flow history, poses an immediate threat to the stability of any future structures, roads, and public infrastructure. Erosion and Environmental Degradation: The hillside’s residual soils and fill materials are prone to erosion, which could accelerate as the project progresses. The report's identification of heavily weathered sandstone and conglomerate formations only adds to the likelihood of erosion, landslides, and subsurface movement. As these processes unfold, the potential for damaging adjacent properties and public infrastructure grows exponentially, raising questions about the project's long-term sustainability and safety. Responsibility to Public Safety As public officials entrusted with the welfare of Cupertino’s residents, it is your duty to ensure that development projects are not only economically viable but also safe for current and future inhabitants. The findings from this geotechnical report clearly demonstrate that the Vista Heights project, in its current form, poses unacceptable risks to the safety of our community. Moving forward with the development despite the overwhelming evidence of landslide risks could lead to catastrophic consequences, including property damage, loss of life, and significant legal liabilities for the city. Request for Action Given the severity of the issues outlined in the geotechnical report, I strongly urge you to Reject the Vista Heights project based on environmental and geotechnical considerations, including the evidence of previous landslides and the high potential for future landslides. The geotechnical report leaves little room for doubt: the combination of weak, weathered soils, groundwater seepage, and historical landslide activity renders this site too dangerous for development. I hope you will carefully consider these concerns and take swift action to protect Cupertino's residents and its natural environment from unnecessary harm. Sincerely, Ying Sosic Cupertino resident From:Peggy Griffin To:Pamela Wu; Sheila Mohan; Kirsten Squarcia Cc:City Clerk; J.R. Fruen; Liang Chao; Kitty Moore; Hung Wei Subject:RE: 2024-09-17 City Council Meeting - ORAL COMMUNICATIONS Date:Monday, September 16, 2024 4:23:29 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png 2023-02-22 SCC Overview of Brown Act-P20 Teleconference.pdf 2023-03-22 CA Jensen Memo Re Brown Act Teleconference Amendments.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. CITY CLERK: PLEASE INCLUDE THIS EMAIL AND ALL ATTACHMENTS TOGETHER AS PART OF WRITTEN COMMUNICATIONS UNDER “ORAL COMMUNICATIONS” FOR THE ABOVE MEETING. Dear City Manager Wu, Mayor Mohan and City Clerk Squarcia, This is a follow-up email to CA Jensen’s response. I’m sorry if I upset him by inquiring about how the public would be accommodated at the upcoming teleconferencing location on the west side of town. To clarify a reference I made to 3 occasions where the City of Cupertino did not follow the teleconferencing rules specified in the Brown Act. The city attorney’s office was notified in early June 2024 about these occasions and without any email response from them, I am glad to see that the City of Cupertino has corrected the issues I identified. I have included information regarding these 3 occasions for reference only along with 2 attached documents describing the Brown Act teleconferencing rules, one from CA Jensen (March 22, 2024) and one from the Santa Clara County, Office of the County Counsel (page 20-February 22, 2024): 2023-02-22 SCC Overview of Brown Act-P20 Teleconference.pdf2023-03-22 CA Jensen Memo RE Brown Act Teleconference Amendments.pdf Specifically, the Brown Act issues for these 3 occasions were: Agendas did not state that the public can attend the teleconferencing locations.The teleconference locations in the agendas were not detailed enough for the public to find thelocation to be able to attend.Their agendas did not list the date and time at the separate locations. They were in different timezones and Example 2 and Example 3 were on different days due to time zones.The City of Cupertino was not publishing the agenda at their teleconferencing locations. Sincerely, Peggy Griffin EXAMPLE #1 - June 11, 2024 Planning Commission Agenda On Tuesday, June 11, 2024 at the Cupertino Planning Commission’s regular meeting, Planning Commissioner Tejesh Mistry participated remotely pursuant to California Government Code Section 54953(b)(2) as stated in the agenda for said meeting. As stated in Government Code Section 54953(b)(3), “If the legislative body of a local agency elects to use teleconferencing, it shall” 1. “post agendas at all teleconference locations.”2. “Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding,and”3. “Each teleconference location shall be accessible to the public.” Government Code Section 54953(b)(3) was not followed at all. 1) There is no evidence that the agenda was posted at the teleconference location. 2) The teleconference location posted in the agenda (1730 N Ocean Ave., Holtsville, NY 11742) identified two possible different locations.a. Google Maps shows 1730 N Ocean Ave., Holtsville, NY 11742 as being the location of the Sonoma Grill Restaurant which was CLOSED before the Planning Commission meeting even started at9:45 PM EDT.b. Apple Maps shows 1730 N Ocean Ave., Holtsville, NY 11742 as being two different locations, one being the Sonoma Grill Restaurant (CLOSED) and one being the Holiday Inn Long Island. If theintended location was this large hotel, there was no information identifying the exact room withinthe hotel where the public could attend.3) The agenda states the public can only attend in person at “Cupertino Community Hall, 10350 Torre Avenue.” It does not state that the public can attend at the remote teleconference location. Google Maps Location: shows only the Sonoma Grill Restaurant! Sonoma Grill Hours: Tuesday 3-9 PM East Coast time (CLOSED at 6:45PM PDT when PC meeting started) Apple Maps 2 Location: 1730 N Ocean Ave. Holtsville, NY 11742 is the address of -Sonoma Grill AND the -Holiday Inn Long Island. It is clear that the exact teleconference location was not intended to be attended by the public because there was no way a member of the public could have found the location! Also, the agenda did not say the public could attend the teleconference location. In looking into this issue, I found out that the City of Cupertino has done this 2 previous times for meetings of the Bicycle Pedestrian Commission. I have not looked into other possible cases. EXAMPLE #2 – April 17, 2024 – Bike/Ped Commission On April 17, 2024 at the Cupertino Bicycle Pedestrian Commission regular meeting Bike/Ped Commissioner John Zhao attended remotely from Shanghai, China. The address specified in the agenda was As you can see from the Google Maps clip, this is a HUGE building of some kind. No room number, no name, nothing was posted to identify the exact location of the teleconference location. Looking at the “2024-04-17 Cupertino Bike-Ped Mtg Agenda w Teleconference from China” It does not indicate the 2 locations where the public can attend the meeting in-person.It does not indicate the date and time of the meeting at each location. Note that Shanghai, Chinawould be April 18, 2024 at a different time! EXAMPLE #3 – March 28, 2024 - Bike/Ped Commission On March 28, 2024 at the Cupertino Bicycle Pedestrian Commission regular meeting Bike/Ped Commissioner John Zhao again attended remotely from Shanghai, China. The address specified in the agenda was This is the same location as Example #2 with the same Brown Act issues. REFERENCE AGENDAS: 2024-06-11 Cupertino PC Mtg Agenda w Teleconferencing from NY 2024-04-17 Cupertino Bike-Ped Mtg Agenda w Teleconferencing from China 2024-03-28 Cupertino Bike-Ped Mtg Agenda w Teleconferencing from China From: Christopher Jensen <ChristopherJ@cupertino.org> Sent: Friday, September 13, 2024 10:08 AM To: Griffin <griffin@compuserve.com> Cc: Pamela Wu <PamelaW@cupertino.gov>; Sheila Mohan <SMohan@cupertino.gov>; Kirsten Squarcia <KirstenS@cupertino.gov> Subject: RE: 2024-09-17 City Council Meeting - Issues/questions with teleconferencing Dear Ms. Griffin: The City Attorney’s Office does not provide legal advice to member of the public or respond to biased, ignorant, and inaccurate commentary. It is of course your right to say whatever you want, but I won’t engage with serial liars. Regards, Chris Christopher Jensen​​​​ City Attorney City Attorney's Office ChristopherJ@cupertino.gov (408)777-3105 From: Griffin <griffin@compuserve.com> Sent: Friday, September 13, 2024 10:00 AM To: Christopher Jensen <ChristopherJ@cupertino.org>; Pamela Wu <PamelaW@cupertino.gov>; Sheila Mohan <SMohan@cupertino.gov>; Kirsten Squarcia <KirstenS@cupertino.gov> Subject: Re: 2024-09-17 City Council Meeting - Issues/questions with teleconferencing 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. One more question… Q5: ADA requirements…Is the remote location ADA compliant? Is that a requirement? Peggy On Sep 13, 2024, at 9:55 AM, Griffin <griffin@compuserve.com> wrote:  Dear City Attorney Jensen, City Manager Wu, Mayor Mohan and City Clerk Squarcia, I am glad the city has finally decided to follow the Brown Act regarding teleconferencing pursuant to government code 54953(b)(2) after having violated it 3 times. QUESTIONS Q1: What provisions will you have in place to prevent members of the public from talking to or accessing the remote council member during the meeting? Q2: What provisions will you have in place to allow the public to ask to speak and speak from the remote location? Q3: Where will the agenda be posted at the remote location? Q4: Will there be seating and access to a bathroom for those attending the remote location? Q5: The resulting video that is posted as “public record” needs to include the remote location video and audio. Is the city’s tech crew prepared to do this? Sincerely, Peggy Griffin 1.Remote locations are connected to the main meeting location by telephone, video, or both; 2.Quorum of the members participate from locations within jurisdiction; 3.Full address of each teleconference location is identified in the notice and agenda of the meeting; 4.Agendas are posted at all teleconference locations within required timelines; 5.Each teleconference location is accessible to the public and has technology to enable the public to participate from that location; and 6.All votes are taken by roll call. General, Longstanding Requirements for Teleconferencing by Legislative Body Members 20Office of the County Counsel OFFICE OF THE CITY ATTORNEY 10300 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777-3403 • FAX: (408) 777-3401 TO: Pamela Wu, City Manager Kirsten Squarcia, City Clerk FROM: Chris Jensen, City Attorney DATE: March 22, 2023 SUBJECT: Brown Act Changes and Remote Meeting Requirements The City Council, commissioners, and other members of City legislative bodies subject to the Brown Act have been informed that authorization for remote meetings under AB 361 expired on February 28, 2023, when the Governor’s declared State of Emergency expired. Members of legislative bodies must now attend meetings in person or comply with the narrow exceptions authorized under state law. The Brown Act does not limit remote participation by members of the public or City staff. Exceptions that allow for remote participation by legislative body members are outlined below. 1.Brown Act “Classic” Teleconference Rules The Brown Act continues to allow members of local legislative bodies to participate remotely in public meetings consistent with its teleconference requirements. Government Code section 54953 authorizes members to participate at remote locations during teleconferenced meetings so long as the legislative body: (1) posts meeting agendas at all teleconference locations; (2) identifies all teleconference locations in the notice and agenda; and (3) makes each teleconference location accessible to the public. A quorum of the legislative body must be present in person. 2.AB 2449 – New Limited Remote Participation Exception AB 2449 allows an individual member, under specific limited circumstances, to participate in a Brown Act meeting remotely without identifying their remote Brown Act Changes and Remote Meeting Requirements March 22, 2023 Page 2 teleconference location and without making their remote teleconference location accessible to the public. In order for an individual member to participate remotely under AB 2449, at least a quorum of the legislative body must be participating from a singular physical location that is clearly identified on the agenda and open to the public. The remotely participating member must use a two-way audiovisual platform (e.g., Zoom), and the public must be provided with either a similar two-way audiovisual platform or a phone-in option coupled with a live webcasting of the meeting. An individual member may not participate in meetings remotely under AB 2449 for more than three consecutive months or 20% of the legislative body’s regular meetings within a calendar year. If the legislative body regularly meets fewer than 10 times a year, an individual member may not participate remotely using the AB 2449 exception for more than two meetings. In order to use the AB 2449 remote participation exemption, an individual member of a legislative body must notify the full membership of the body that either “just cause” or “emergency circumstances” exist for their remote participation. Just Cause “Just cause” is defined as any one of the following: • Childcare or caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely. • A contagious illness that prevents a member from attending in person. • A need related to a physical or mental disability. • Travel while on business of the legislative body or another state or local agency. In order to participate remotely for “just cause,” an individual member must notify the legislative body at the earliest possible opportunity—up to the start of a meeting—of their need to participate remotely and provide a general description of the circumstances related to one of the four items above. A member may only use the “just cause” provision up to two meetings per calendar year. Brown Act Changes and Remote Meeting Requirements March 22, 2023 Page 3 Emergency Circumstances An “emergency circumstance” is defined as a physical or family medical emergency that prevents a member of a legislative body from attending in person. In order to participate remotely under “emergency circumstances,” the individual member must request that the full legislative body allow them to participate in the meeting remotely because of emergency circumstances, and the legislative body must take action to approve the request at the public meeting. An individual member making a request to participate remotely due to “emergency circumstances” must provide a general description of the circumstances giving rise to the need to appear remotely. This description does not have to be more than 20 words and should not include any personal medical information. The legislative body then votes, as the first order of business at the relevant meeting, to approve or deny the member’s request to participate remotely due to “emergency circumstances.” Additional Requirements The following general requirements apply when meeting under the AB 2449 just cause or emergency circumstances provisions: • Members participating remotely must do so through audio and visual technology. • The legislative body must provide a way for the public to remotely hear, visually observe, and remotely address the legislative body throughout the meeting in question. • The agenda must identify and include an opportunity for the public to attend and directly address the legislative body both remotely and in person at the meeting. • If there is a disruption to the meeting broadcast or in the ability to take call-in or internet-based public comment, no further action can be taken on agenda items until the issue is resolved. • The legislative body must implement a procedure for receiving and resolving requests for reasonable accommodations for individuals with disabilities and must give notice of these procedures. • Members participating remotely must publicly disclose at the meeting whether any other individuals 18 years of age or older are present in the room of the Brown Act Changes and Remote Meeting Requirements March 22, 2023 Page 4 member’s remote location and state the general relationship between the individual and the member.