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CC Exhibit 06-16-15 Oral Communications CC 6-16-15 Oral Communicafions Andrea Sanders From: richard McMurtry <rmcmurtry@baymoon.cum, Sent: Thursday, June 11, 2015 5:07 PM To: City Council Cc: City Clerk Subject: Request for City Participation in Public Private Partnership to Improve the Habitat and Fish Passage in Stevens Creek along the Stevens Creek Trail Attachments: cupertino 11 June2015.pdf Follow Up Flag: Follow up Flag Status: Flagged EXHIBI1 Dear City Council Members of the City of Cupertino, I am writing to request the City's participation in a public private partnership to improve habitat and fish passage in Stevens Creek along the Stevens Creek Trail. I will be presenting a synopsis of the proposed project in the "public forum" on June 16 and hoping that you could agendize discussion of this at a future meeting. Sincerely, Richard McMurtry Richard McMurtry Friends of Coyote Creek Watershed www.friendsofcoyotecreekwatershed.org CR\ILCh: Santa Clara County Creeks Coalition www.sccreeks.org 1 � t)1 l 24010 Summit Road Los Gatos, CA 95033 408-402-3641 (Office) 408-442-4932 (cell) Richard @sccreeks.org 2 w Santa Clara County Creeks Coalition Advocatesfor living streams Member Organizations Friends of Coyote Creek June 11, 2015 Western Waters Can Environmentalists for Living Mayor Rod Sinks, Streams Vice Mayor Barry Chang Northern California Council Council Member Gilbert Wong Federation of Fly Fishers Council Member Savita Vaidhyanathn Council Member Darcy Paul City of Cupertino By email Re: Request for City Consideration of Public-Private Partnership to Improve Steelhead Fish Passage on Stevens Creek Dear Members of the Cupertino City Council, The City of Cupertino has made significant investment in the Stevens Creek Corridor and made significant improvements to the creek and its riparian shores. The project in Blackberry Farm which removed impediments to the migration of steelhead trout and improved the quality of the habitat for rearing of steelhead young was an outstanding environmental project for which the City can be proud of the role it took in bringing this idea to implementation. However, in order to realize the full ecological value of the City's investment in the upper reaches of Stevens Creek, it will be necessary to remove the barriers to fish migration in the lower watershed beyond the City's boundaries. It will be necessary to look at Stevens Creek as a Watershed extending from the hills to the Bay and bring together those who are interested in the health and functionality of the creek within their respective purviews to provide an opportunity to work together to address the problems of the creek throughout the watershed. We are writing to you to invite you to join a public-private partnership to develop plans for removal of the remaining fish migration barriers and improving the habitat to sustain these fish. We are in the process of inviting others to join the partnership, including the City of Mountain View, the Mid-Peninsula Regional Open Space District, the Friends of Stevens Creek Trail, as well as property developers and community oriented businesses. Because of your leadership role in the Blackberry Farm project, we are hoping you would see the value to the City of improving steelhead trout through the lower watershed so that fish can arrive in your portion of the creek. The specific project we are focusing on is the barrier that extends from the Moffett Boulevard Fish Ladder to a point 2000 downstream—just north of US 101 and possibly some lesser barriers further upstream. This is a high priority project. Santa Clara County Creeks Coalition.*24010 Summit Road Los Gatos,CA 95033 email:info@sccreeks.org' www.sccreeks.org A The 2003 Fisheries and Aquatic Habitat Collaborative Effort Settlement Agreement identified it as a "Priority 1 Fish Migration Barrier". According to Mondy Lariz, the former executive director of the Stevens-Permanente Watershed Council, "The most important thing the trout of Stevens Creek need is water for spawning, rearing and migration back to the Bay and ocean. After that, removing the barriers to their migration is most important. The Moffett Boulevard to US 101 project is my top priority." The other barriers in the watershed have been remediated or are in the process of being addressed. A 2010 design done by the Santa Clara Valley Water District was never implemented. Also, the 2010 design was more of a civil engineering solution rather than a fish friendly environmental amenity type of project that could be developed through a more thorough study involving local interests. At this stage, we are looking for potential partners to provide letters expressing interest in exploring the project as well as better defining the roles and responsibilities of the various partners in the project execution. We are also trying to raise commitments to provide the $50,000 necessary as a 25% local share of a partnership request to the Santa Clara Valley Water District. Could you let me know how I might initiate the process of getting this proposal formally considered by the City? Sincerely, 441to(TM Richard Mc Program Coordinator Santa Clara County Creeks Coalition. 24010 Summit Road Los Gatos,CA 95033 email:info@sccreeks.org www.sccreeks.org f Lf -FLIP! co Santa Clara County Creeks Coalition Advocates for living streams cc Member Organizations , Friends of Coyote Creek June 11, 2015 DrY16 Western Waters Can Environmentalists for Living Mayor Rod Sinks, Streams Vice Mayor Barry Chang Northern California Council Council Member Gilbert Wong Federation of Fly Fishers Council Member Savita Vaidhyanathn EXHIBI Council Member Darcy Paul City of Cupertino By email Re: Request for City Consideration of Public-Private Partnership to Improve Steelhead Fish Passage on Stevens Creek Dear Members of the Cupertino City Council, The City of Cupertino has made significant investment in the Stevens Creek Corridor and made significant improvements to the creek and its riparian shores. The project in Blackberry Farm which removed impediments to the migration of steelhead trout and improved the quality of the habitat for rearing of steelhead young was an outstanding environmental project for which the City can be proud of the role it took in bringing this idea to implementation. However, in order to realize the full ecological value of the City's investment in the upper reaches of Stevens Creek, it will be necessary to remove the barriers to fish migration in the lower watershed beyond the City's boundaries. It will be necessary to look at Stevens Creek as a Watershed extending from the hills to the Bay and bring together those who are interested in the health and functionality of the creek within their respective purviews to provide an opportunity to work together to address the problems of the creek throughout the watershed. We are writing to you to invite you to join a public-private partnership to develop plans for removal of the remaining fish migration barriers and improving the habitat to sustain these fish. We are in the process of inviting others to join the partnership, including the City of Mountain View, the Mid-Peninsula Regional Open Space District, the Friends of Stevens Creek Trail, as well as property developers and community oriented businesses. Because of your leadership role in the Blackberry Farm project, we are hoping you would see the value to the City of improving steelhead trout through the lower watershed so that fish can arrive in your portion of the creek. The specific project we are focusing on is the barrier that extends from the Moffett Boulevard Fish Ladder to a point 2000 downstream—just north of US 101 and possibly some lesser barriers further upstream. This is a high priority project. Santa Clara County Creeks Coalition.'24010 Summit Road Los Gatos,CA 95033 email:info@sccreeks.ore' www.sccreeks.org The 2003 Fisheries and Aquatic Habitat Collaborative Effort Settlement Agreement identified it as a "Priority 1 Fish Migration Barrier". According to Mondy Lariz, the former executive director of the Stevens-Permanente Watershed Council, "The most important thing the trout of Stevens Creek need is water for spawning, rearing and migration back to the Bay and ocean. After that, removing the barriers to their migration is most important. The Moffett Boulevard to US 101 project is my top priority." The other barriers in the watershed have been remediated or are in the process of being addressed. A 2010 design done by the Santa Clara Valley Water District was never implemented. Also, the 2010 design was more of a civil engineering solution rather than a fish friendly environmental amenity type of project that could be developed through a more thorough study involving local interests. At this stage, we are looking for potential partners to provide letters expressing interest in exploring the project as well as better defining the roles and responsibilities of the various partners in the project execution. We are also trying to raise commitments to provide the $50,000 necessary as a 25% local share of a partnership request to the Santa Clara Valley Water District. Could you let me know how I might initiate the process of getting this proposal formally considered by the City? Sincerely, t Richard McM r Program Coordinator Santa Clara County Creeks Coalition.'24010 Summit Road Los Gatos,CA 95033 email:info@sccreeks.oriz* www.sccreeks.org FAHCE STEVENS CREEK FISH PASSAGE ENHANCEMENT Project No. 00294001 FINAL PLANNING STUDY REPORT Prepared by: Saeid Hosseini, Senior Project Manager, P.E. Ted Ibarra, Assistant Civil Engineer, P.E. Bobby Tan, Assistant Civil Engineer Capital Program Services Division January 2010 xfx 4 } s 3' Ab Existing Denil Fish Ladder Existing Denil Fish Ladder Existing Denil Fish Ladder at Moffett Boulevard at Evelyn Avenue at Fremont Avenue b +� r t g r g, u Proposed Multi-Port Outlet at Stevens Creek Dam 1 A Figure 1 - Location Map Stevens Creek Fish Passage Enhancement Project Project Map LEGEND r © Project sites Moffett Drop Structure Evelyn Drop Structure rA baE��� R� Fremont Drop Structure Mo[intaln � Stevens Creek Dom Outlet V 1 w View �entra� Sunnyvali-i-11 r year it 0 r �A LOS Altos �Fremont Ave f Homestead Rd Cup artino Stevens Creek$Iv f i San ' Jose .4 :a Sten ns C ` Re a it ¢ s est Ra y i Saratoga f Santa Qaro Valley Water District 6 t•, a .. - . «. . a, s n'•.iar• !`. 'P yam.�`p �.5•• �:�w � '�� F^ =�.� •� �:` I *` moi, w 1. - ��-yyy•- t s S"S♦ y iT; ;^" R f flipI A + .' ;• tib. � �/[- [ / ` . f ' s t•? 'i" task' ` 1/�l1. 4, - rip fA Ft, v' 8. �.: "ooef y ,,. a • �''..blww..VanrwY s �r ..,.n,.. "�, flow N r r� v z " Proposed low-flow Channel ` LLbe f� a5 t Figures 16& 17. Moffett Boulevard Drop Structure(All alternatives) Alternative No. 2 — Scour Pool and Weir Option (plus, create low-flow channel downstream of fish ladder) Description This alternative proposes to remove the existing Denil structure, its associated fish attractant pool, and create a series of scour pools and weirs, composed of natural rocks, and rock riprap to simulate a natural pool and weir system. The jump heights from weir to weir would be set at maximum half-foot drops. Upon removal of the existing drop structure,to accommodate the natural scour pool and weir system,the existing lateral integrity of the concrete trapezoidal structure would be structurally impacted. To maintain structural integrity between the walls, a lowered concrete foundation will be constructed to maintain connection between the existing trapezoidal walls. The scour pool and weir system will be designed and placed above this lowered concrete foundation. Further details on the design of the lowered concrete foundation will be addressed during the design phase. The proposed weirs for this new system would most likely be grouted to the lowered concrete foundation to maintain stability and integrity of the whole system. The most downstream pool/weir will terminate and conform to a new proposed low-flow channel that extends to U.S. 101. Refer to Figures 16 and 17 for a view of the proposed low-flow channel. Figure 18 shows the plan view of this alternative. Figure 19 shows the pertinent profile of the scour pool and weir system. Figures 20 and 21 show the pertinent sections. 27 cc, � //4/ �- c cmc. June 17, 2015 To: City of Cupertino Staff and City Council Members From: Cathy Helgerson CAP—Citizens Against Pollution EXHIBIT Subject: Oral Communication Issues I believe during Oral Communication that the public after speaking on an issue should get a response from the City Council or the City Staff on the behalf of the Council in letter form.The City Council should also take into consideration the request of the public to actually hold open forums at the City Council meetings so that people can get their questions answered publically otherwise what is the point of oral communication absolutely nothing and this is a waste of everyone's time. The public waits for real city government to be fair and open and it seems that is not the case this needs to change very soon. Anyone who agrees please write the City on this matter or voice your opinion during Oral Communication time I would ask that you do both and ask for an answer. I am addressing 3 members on the council directly who promised to work to clean the air,water and soil from pollution from the Lehigh Southwest Cement and Quarry and were elected on that premise they are Barry Chang, Rod Sinks, and Savita Vaidhyanathan. I am not sure where Gilbert Wong and Darcy Paul stand on this issue but in the past Gilbert Wong was not strong in that area and I think Darcy Paul has yet to contribute to pollution prevention. I would like to see more done about Lehigh instead of just having two letters written one to Santa Clara County and the other to the court about the water pollution in the Permanente Creek there is much more that the City could do which includes a lawsuit. Rod Sinks was a member of RACE—Bay Area Clean Environment he joined this movement and because he was on the board of directors and active the public elected him and Barry Chang to the Council sense then Rod has withdrawn his position with BACE. I am very upset about that because it looks as if he used BACE to gain and win his election to the council this looks very bad with the citizens in Cupertino who have been fighting for clean air, water and soil for going on 12 years. Rod's wife I heard also works for Apple Computer and I feel that this is a conflict of interest on his part and he should not vote on some issues. I would also like to add that no one on the Council should be told not to ask question or to speak when they feel it is necessary even if it is a question of time involvement that the meeting may go on to long every member should be heard. I have witnessed Rod telling Barry Chang not to ask question because it takes up to much time this should not be happening and it is an embarrassment to our city and the citizens this needs to stop. Barry started and represents BACE when he is told not to speak that is a reflection to the highly regarded BACE organization and they never should it be humiliated in this way. I strive and have joined the advocacy groups in many of their causes we need more of this and we need to work to shut down the polluters Lehigh Southwest and Quarry and the Stevens Creek Quarry have been great contributors to pollution which has also caused Climate Change or Global Warming in our D,*.y,.; : - y- - i _ ". . xy!- .. 7 4' m � q� " :rw: •_' � te -y v z $ ' 13 Ka- c �r s e , y "- *rif 5 g R. ., t } "z'ra+','` 1 �m` t K.- �I'), r ;1 , ":, - a a ,,v i fix; - _ m` i�} t �T ^^v S x �f' .. �114:r,. R t, 3 , 1�1 i - 'ten1.11 }r { "y -G �m t & _ t.ai :i _,,k- X46 r,,,' ; E �: ^' r q a r . n r * i t i' s q „ �., r y,- 3t lgg { ; • ��#: lF n t i s Z11 . rJIL, a:�.d�+�r , 11, a Of N7 -�• i t ter ., , • et' 11 . 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The City of Cupertino Staff and Council Members need to hear the voice of the public and to take into strong consideration of the issues that the citizens feel so strongly about. We elect the Council Members and once we do we have certain expectations that are not being recognized this needs to end. I may not be able to continue this communication because of time constraints just 3 minutes is not enough that is why an open forum with more time given to subjects and the citizen's concerns considered is necessary. I am not sure what the City can do about the issues I have stated but in the long run things will change because they just cannot continue. We the Citizens long for an honest and open government and we cannot wait for this to happen any longer. No City Council member should use their past position on the Council as a tool to gain any job in the public sector that would take advantage of their affiliation with the City position. Why has this been allowed to continue the public cry out for justice and no official present or past should gain any money from any company in this regard so if they have the expertise to do a job fine but if not why are they being hired except for their past City involvement. Citizens need get involved and the City of Cupertino needs to allow our voices to be heard not only through our representatives but with our own voices continually. I ask for real honest city government to be established by the people and for the people.