CC 06-16-20 Oral Communications_Written CommunicationsCC 06-16-20
Oral
Communications
Written Comments
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Cyrah Caburian
From:City of Cupertino Written Correspondence
Subject:FW: When, per State law, were the Loop Road easements vacated by a CA Legislative body?
From: James Moore <cinco777@icloud.com>
Sent: Sunday, June 7, 2020 5:14 PM
To: City Attorney's Office <CityAttorney@cupertino.org>
Cc: Steven Scharf <SScharf@cupertino.org>; Darcy Paul <DPaul@cupertino.org>; Jon Robert Willey
<JWilley@cupertino.org>; Liang Chao <LiangChao@cupertino.org>; Rod Sinks <RSinks@cupertino.org>; Cupertino City
Manager's Office <manager@cupertino.org>; City Clerk <CityClerk@cupertino.org>
Subject: When, per State law, were the Loop Road easements vacated by a CA Legislative body?
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 Attorney Minner,
Residents would like to know When, per State law, were the Loop Road easements vacated by a CA Legislative body?
These west and east "Loop Roads" connect N Wolfe Road to the Perimeter Road, a roadway which borders the Vallco
Shopping Mall site of ~ 50 acres. The four included images show the west Loop Road, Tunnel under N Wolfe Road (a City
easement), and east Loop Road, as of Saturday, 6/6/2020.
You can find additional information on these easements in my and Catherine Moore's e‐mails and Oral Communications
to our City Council, in the hyper‐linked VPO Title report of 12/2017 (Exception #81, etc.), in recorded documents at the
SCC Recorder's Office, and in the March 27, 2018 proposed VTC project plans and drawings (P‐0202A and P‐0307A).
http://www.easylawlookup.com/California‐Law/Streets‐and‐Highways‐Code/par‐
6161/_easylookup.blp?GO=Prepare&site=easy&print=&data=streets&p_start=262&p_end=267&p_para=6161&p_epara
=6292&par=6161&displayer=YES
Thank you for providing a response to our request as we are confounded by the VPO project plans to construct buildings
on top of these Loop Roads protected by City easements.
Jim Moore
Resident volunteer
***** Please include in the Public Record *****
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Cyrah Caburian
From:Jim Moore <maxcinco@comcast.net>
Sent:Monday, June 15, 2020 11:40 AM
To:Steven Scharf; Liang Chao; City Attorney's Office
Cc:Jon Robert Willey; Darcy Paul; Rod Sinks; Cupertino City Manager's Office; City Clerk
Subject:Residents request you hold the promised Study Session on Easements, and deny Pau/VPO's
construction of buildings atop our Public lands
Attachments:Add_Easement_Study_Session_To_Agenda_Stated_By_Mayor_At_20191217
_CCC_Mtg_Extraxted_Video_02m30s.mp4
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sender and know the content is safe.
Dear Mayor Scharf, Council Member Chao, and City Attorney Minner,
Please refresh your memories on your statements regarding easements
during the December 17, 2019, Cupertino City Council Meeting. You can
easily and quickly refresh them by viewing the attached short video clip
(02m30s) extracted by residents from this meeting's video record.
In light of your comments during this 12/17/2019 meeting held six months
ago, and the mayor's statement to hold a, yet unscheduled, Study Session
on "Easements", please re-read the e-mails and attachments you received
this past week from residents on our growing concerns that Peter Pau and
his VPO entity will usurp and construct buildings atop our Loop Roads,
roads protected by a City Easement accepted by our CCC and recorded in
1975, and never vacated, per State Law, by a CA Legislative Body.
In case you are still being told that the recently decided (5/6/2020) SB35
VTC lawsuit precludes you from informing Pau and VPO that our Loop
Road easement was never vacated and, therefore, disallows their
construction of buildings atop them, please recognize that Judge Helen
Williams' Order Denying Petition For Writ Of Mandate never uses the
terms "easement", "road", "loop", "vacate", or "map" within her
order. Her lengthy judicial order does not supersede or nullify the CA
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State law requiring "vacation", by a Legislative Body, of roadway
easements.
Residents request that you, our elected City Council, take action now to
hold a Study Session on "Easements", and inform Pau and VPO they can
not construct buildings atop our Loop Road easement comprising 1.5 acres
of Publicly owned land.
Requested by over Twenty concerned residents/voters (15 of us also
signed the 12/16/2019 e-mail you received)
************* Please include this with the 6/16/2020 CCC Meeting
Written Communications *************
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Cyrah Caburian
From:James Moore <cinco777@icloud.com>
Sent:Thursday, June 11, 2020 10:57 PM
To:Steven Scharf; Darcy Paul; Jon Robert Willey; Liang Chao; Rod Sinks; Cupertino City Manager's Office;
City Attorney's Office
Cc:City Clerk
Subject:Please inform VPO that the Loop Road Easement is not theirs to build on
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sender and know the content is safe.
Since all existing documentation indicates that the Loop Road Easement was never vacated, and residents have
received no response from our City attorney indicating otherwise, we request that our City Council and City Attorney
inform the Vallco Property Owner (VPO) that these 1.554 acres of public land are not theirs to build on.
In addition, to ensure full public transparency on this Easement, please place a City Resolution on the next CCC
Agenda to reaffirm Resolution 3974, a Resolution passed by the Cupertino City Council on July 7, 1975. On this same
Agenda, publicly disclose the City's letter to VPO, a letter which denies its use of these Public lands in constructing
their Vallco Town Center.
Obviously, no City permits can be issued for any VPO construction on these Public lands.
Sincerely,
Jim Moore and other residents/voters
****** Please include this as part of the Public Record *****
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Cyrah Caburian
From:James Moore <cinco777@icloud.com>
Sent:Monday, June 15, 2020 12:47 PM
To:Steven Scharf
Cc:Liang Chao; Jon Robert Willey; Darcy Paul; Cupertino City Manager's Office; City Clerk
Subject:Re: Please inform VPO that the Loop Road Easement is not theirs to build on
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 Steve,
Thank you for responding to residents.
SB35 law superseding the CA State law requiring "vacation" of roadway easements by a Legislative Body is a brand new
assertion residents have not been privileged to hear previously from our City attorney or electeds.
I guess practicing transparency or even responding to resident requests is not something that Heather Minner, our City
Attorney, does. I'm pleased that our City is not paying her and SMW with taxpayer money.
Please ask your employee, Ms Minner, to cite, with details, where the SB35 law "supersedes" the CA State law that
requires roadway easements be vacated by a CA Legislative Body. When (date/time) did Ms Minner respond to
residents e‐mailed requests and their Oral Communications on this Loop Road easement? Residents must have all been
asleep.
Residents would really like to know this information on her SB35/easement assertions, especially after waiting six
months since December 2019, and really ever since June 2018 (a different City Attorney), when the FoBC lawsuit was
filed.
I do appreciate you being a messenger for Ms Minner. Residents are always grateful to hear from those we elected.
Jim Moore
Resident volunteer
PS: When is Ms Minner and SMW's contract up?
*********. Please include this in the 6/16/2020 Written Communications ********
On Jun 15, 2020, at 12:05 PM, Steven Scharf <SScharf@cupertino.org> wrote:
The City Attorney responded to this a long time ago but she will send out the information again.
I believe that she will repeat the same thing she has said in the past: the easement was vacated as part
of the ministerial approval of the SB‐35 project. The SB‐35 law supersedes CA State law requiring
"vacation", by a Legislative Body, of roadway easements. I don’t like this any more than you do, but as
you know, the ministerial approval was done without the City Council’s approval, by two former
employees of the City.
The City Attorney is going to re‐send the information on easements sometime this week.
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A study session on easements is still planned but we have a lot of study sessions planned and we
need to prioritize them.
From: James Moore <cinco777@icloud.com>
Sent: Thursday, June 11, 2020 10:57 PM
To: Steven Scharf <SScharf@cupertino.org>; Darcy Paul <DPaul@cupertino.org>; Jon Robert Willey
<JWilley@cupertino.org>; Liang Chao <LiangChao@cupertino.org>; Rod Sinks <RSinks@cupertino.org>;
Cupertino City Manager's Office <manager@cupertino.org>; City Attorney's Office
<CityAttorney@cupertino.org>
Cc: City Clerk <CityClerk@cupertino.org>
Subject: Please inform VPO that the Loop Road Easement is not theirs to build on
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.
Since all existing documentation indicates that the Loop Road Easement was never vacated, and
residents have received no response from our City attorney indicating otherwise, we request that our
City Council and City Attorney inform the Vallco Property Owner (VPO) that these 1.554 acres of
public land are not theirs to build on.
In addition, to ensure full public transparency on this Easement, please place a City Resolution on the
next CCC Agenda to reaffirm Resolution 3974, a Resolution passed by the Cupertino City Council on
July 7, 1975. On this same Agenda, publicly disclose the City's letter to VPO, a letter which denies its
use of these Public lands in constructing their Vallco Town Center.
Obviously, no City permits can be issued for any VPO construction on these Public lands.
Sincerely,
Jim Moore and other residents/voters
****** Please include this as part of the Public Record *****
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Cyrah Caburian
From:Revathy Narasimhan <revnar@yahoo.com>
Sent:Tuesday, June 16, 2020 4:49 PM
To:City Clerk; City Council
Subject:Speaker at 6/16 Cupertino City Council meeting
Attachments:WhatsApp Image 2020-05-31 at 4.36.38 PM.jpeg; WhatsApp Image 2020-06-13 at 10.30.46 AM.jpeg
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi,
I am a resident of the city and have registered for the webinar to attend the city council meeting
virtually tonite. Here are my speaker notes for the meeting. I would like to address the council during
the oral communications part of the agenda.
thanks
Revathy
Name: Revathy Narasimhan
Address: Hollyhead Lane, Cupertino, CA 95014
Since the shelter-in-place began, our family has been taking regular walks along the trails in our
neighborhood. We like the trails better than the roads because of having exclusive access for walkers
and bikers without having to stop or watch for cars. In addition, having large, mature trees along the
path helps with the shade especially as the days get warmer with summer. We also as a bonus get to
meet other city residents at an outdoor setting where we can socialize while maintaining distancing.
First, Here are two pictures from our routine route along the UP trail from Rainbow Dr to Prospect Dr.
Beyond Prospect, the trail becomes paved and is a part of Joe's trail as maintained by the City of
Saratoga. It would be great if Cupertino prioritizes trails and paves with minimal investment, so the
Cupertino portion of the trail can be steady and well-paved as the Saratoga part.
Second, as a community and the city council, we've spent hours and hours doing workshops, walks,
1:1 meetings, and not the mention of the marathon 9-hour meeting last September to finalize the one
trail you agreed unanimously as a council to fund. I was just another city resident at that long
meeting, and you heard from students, seniors, and several community supporters about the trail that
helped you make that informed decision. Can we please stick to it and continue funding and building
it? The reopening of a closed decision, to rediscuss the budget, asks, would be a disservice to the
community, and all of us who came together to support that effort and needs a strong justification
from the city council on if and why it would choose to do so.
Please prioritize the trails.
Thank you!
Revathy
Walk Bike Cupertino