Loading...
CC 09-15-2020 Oral Communications_Late Written CommunicationsCC 09-15-20 Special Meeting Study Session #1 Small Cell Facilities Written Comments 1 Cyrah Caburian From:Jennifer Griffin <grenna5000@yahoo.com> Sent:Tuesday, September 15, 2020 6:03 PM To:City Clerk Subject:Small cell Study Session Question- 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. Could you please read if my Fire Kindle is overheating or my audio is garbeled? Thanks. Dear City Council: I am concerned that there are now 80 applications. This is a lot of applications. Were these by all the major telecommunications vendors? Are these requests equally distributed among the five or six vendors or was one more dominant in the applications in the last month? How many vendores are there in the telecommunications requests? I am assuming it was Verizon, Sprint , At and T, etc. Any others or small ones that maybe are new and no one is familiar with? Thank you very much. Jennifer Griffin CC 09-15-20 Oral Communications Written Comments 1 Cyrah Caburian From:Jean Bedord <Jean@bedord.com> Sent:Tuesday, September 15, 2020 6:13 PM To:City Clerk Subject:Oral Communications - Bedord Attachments:Bedord-Council 2020-09-15.pptx; Bedord-Council-Report-Card-2020-09-15.docx CAUTION:This email originated from outside of the organization.Do not click links or open attachments unless you recognize the sender and know the content is safe. Kirsten, I'd like to speak tonight using this PPT presentation. I'm also attaching the Word version of my speech,which I would like to have included in the public record. Thanks for accommodating my lateness..... Warm regards, Jean Bedord Cell:408 966 6174 Land line:408 252 5220 Title slide: Good evening,Mayor Scharf and council members, My name is Jean Bedord,and I am a long time resident.For past several years,I have attended every single council meeting,including those that ended at 4 a.m. I’m here tonight to present a Report Card on the performance of this council which I would rate as highly unsatisfactory. Side 2 This council claims to be transparent but look at the record.In the last two years, there have been more closed door meetings than meetings open to the public. Your performance has improved in 2020,but 2019 was abysmal. Then there are the meetings which go beyond midnight.Most residents would say that 11 o’clock is their upper limit,but this council likes to do their deliberations in the wee hours of the morning.How many residents are engaged at 1,2 or 3 am in the morning?I’ve been through all of the late nights,and your decision making deteriorates at that hour. Slide 3 Now let’s talk about the cost of lawsuits by members of this council and their appointees.These are avoidable yet look what they cost the city.This is taxpayer money,my money,that this council has wasted on unnecessary legal actions.And next year,it doesn’t look any better since you have budgeted over 2 million for the city attorney. Slide 4: Now let’s look at where you are spending money to benefit residents.You paid your former city attorney more money than you are spending next year on library services.Mayor Scharf’s appeal cost more than the city Tenant Eviction Program. What are the values of this community?Shouldn’t you be spending money for the benefit of residents,not full employment for lawyers?Isn’t it time for changes? Thank you. 9/16/2020 1 Cupertino City Council September 15,2020 Jean Bedord This Photo by Unknown Author is licensed under CC BY SA Lack of Transparency and Accountability Council governs behind closed doors NO resident engagement 2020 through 8/12/2020: 13 regular and 13 closed sessions 2019: 22 regular meetings and 27 closed meetings Meetings lasting after midnight limits resident engagement 15 meetings in 2019 (22 regular meetings) 6 meetings in 2020 through 8/22/2020 Too much time on non-policy agenda items 1 2 9/16/2020 2 Legal costs of self inflicted lawsuits 225,441 Mayor Steven Scharf Measure C appeals lost) 341,531 City attorney,Randy Hom (payoff wrong on SB35) Vallco SB35 Planning Chair Kitty Moore,et.al lawsuit lost) 241,382 2018,2019,2020 Attorney’s Fees) 171,072 2018,2019 Wendel Rosen) 70,310 Shute Mihaly Weinberger) Unknown for city staff and staff city attorney 2,036,404 budgeted for City Attorney in 2021 Adopted Budget Resident Funding 318,340 Library Services FY 2020 21 90,000 Community Funding 200,000 Tenant Eviction Programs Meriwest,WVCS,Earnin) 229,017 Small Business Relief Grants Support Residents NOT lawyers 3 4 1 Cyrah Caburian From:Rhoda Fry <fryhouse@earthlink.net> Sent:Tuesday, September 15, 2020 7:11 PM To:City Clerk; City Council Cc:fryhouse@earthlink.net Subject:September 15 City Council Public Comment Attachments:2020-05-12 Agenda - Tuesday, May 12, 2020-compressed page 19.pdf; Letter from Water Boards - highlighted.pdf CAUTION:This email originated from outside of the organization.Do not click links or open attachments unless you recognize the sender and know the content is safe. There is a landslide at Lehigh’s Permanente Quarry in Santa Clara County that is a threat to public health and safety.On February 13,the Water Board stated we are concerned about the long term stability of the WMSA,especially the Yeager Yard area County oversight of this issue is most appropriate,given the potentially significant health and safety concerns.”And a Santa Clara County geologist report warned on February 18,The Yeager Yard Landslide mass is moving towards Permanente Creek and its mass is sufficiently large to block the creek.Should this happen during winter months,the runoff from the upper watershed would likely pond,creating a new debris flow hazard to structures and residences downstream.”Slope instability at the Yeager Yard,also known as Subarea 3,has been monitored by Santa Clara County since at least 2015.Don’t you think that it is about time that the County stop monitoring and start protecting the Citizens of Santa Clara County and the Permanente Creek Watershed?The last thing we need is another disaster.Especially because we are approaching rainy season,I have gotten nowhere with the County and once again asked the State Mining and Geology Board and the Division of Mining Reclamation to intervene.If the Yeager Yard landslide does move into the creek,the County and the State will have played a part in Lehigh's willful negligence. San Francisco Bay Regional Water Quality Control Board February 13, 2020 Place ID 2020435 (LW) Lehigh Southwest Cement Company and Hanson Permanente Cement Inc. Attn: Erika Guerra 24001 Stevens Creek Blvd. Cupertino, CA 95014 Sent via email to Erika.Guerra@LehighHanson.com) Subject: Conditional Concurrence for Yeager Yard Corrective Action Plan for Permanente Quarry and Cement Plant (Lehigh), Cupertino, Santa Clara County Dear Ms. Guerra: We have reviewed the January 24, 2020, submittal responding to our November 25, 2019, requirement for a corrective action plan (CAP), as a follow-up to a notice of violation (NOV) issued on July 9, 2019. These requirements were to address evidence of seep discharge, slope erosion, and earth movement in the Yeager Yard area of the West Materials Storage Area WMSA). We appreciate your response and concur that you have complied with NOV and CAP requirements, with minor conditions regarding reporting of monitoring and planning outlined at the end of this letter. Our November 25, 2019, letter required specifically that you identify and address the cause of seeps and erosion. The CAP detailed that increased stormwater infiltration due to an “extreme wet year” was a primary cause, with contributions from mining and disposal operational changes, including modifying locations of material excavation and placement along the slope face. The Yeager Yard slope was therefore regraded and BMPs were improved. In addition, a standard operating procedure was developed to predict and prevent similar occurrences during operational changes. Our letter also required you to collate the data and analysis collected in response to requirements from Water Board and Santa Clara County staff, including a slope stability analysis. This was submitted. Finally, our letter required you to address six specific concerns in the CAP, update the Operations, Monitoring, and Contingency (OM&C) Plan required by the Waste Discharge Requirements (WDRs, Order No. R2-2018-0028) to address changes necessary to mining and disposal, and update the Storm Water Pollution Prevention Plan (SWPPP) required by the NPDES permit (No. CA0030210, Water Board Order No. R2- 2019-0024) to address changes to stormwater/erosion controls. These can be summarized as follows: 1. The boundary between native material and placed waste was identified and it was determined that it is unlikely that solid wastes were discharged to Permanente Creek. 2. A Grading and Drainage Plan was included, its implementation is complete and the SWPPP was updated to reflect changes. 2 - 3. The large corrugated metal pipe was investigated and confirmed to be out of service; in lieu of removal, which was deemed unsafe, the pipe will continue to be monitored for changes. 4. Data related to seeps and slope stability was presented and monitoring was added to the schedule outlined in the SWPPP; 5. The OM&C was updated to outline plans for operational changes (e.g., road construction and modification to stockpiles) along creek-facing slopes to maintain stability, including conducting a desktop analysis, site reconnaissance, and (as needed) consultation with a licensed professional geologist or engineer prior to the start of work; and 6. The SWPPP was updated to address the Yeager Yard slope, specifying that a sedimentation basin was installed to collect seepage for treatment prior to discharge. We concur with these actions and updates with the following minor conditions: A. The slope stability monitoring outlined in item 4 is associated with the OM&C required by the WDRs. Therefore, reporting of monitoring results and analysis should be included in the self-monitoring reports (SMRs) required of that Order. B. Similarly, the standard operating procedures outlined in item 5 are associated with the OM&C and therefore reporting of the process should be included in the SMRs required of the WDRs. Please note that SMRs must be certified by a licensed professional geologist or engineer as indicated in Specification 2 of the WDRs. Therefore, the slope stability monitoring and operational change planning outlined in items 4 and 5 should be conducted under the oversight of a licensed professional. Lastly, we appreciate the slope stability analysis and supporting documentation submitted in response to our requirement and concur that actions you have taken were critical and appropriate to address immediate problems. However, we are concerned about the long-term stability of the WMSA, especially the Yeager Yard Area. Santa Clara County staff overseeing SMARA implementation and Water Board staff have jointly determined that County oversight of this issue is most appropriate, given the potentially significant health and safety concerns. Therefore, we consider the slope stability analysis requirement in our NOV resolved and are available to provide technical input on water quality related stability issues, as needed. If you have any questions, please contact Lindsay Whalin (lwhalin@waterboards.ca.gov) or John Madigan (jmadigan@waterboards.ca.gov). Sincerely, Lisa Horowitz-McCann Assistant Executive Officer CC: Rob Eastwood, Rob Salisbury, and Jim Baker – Santa Clara County rob.eastwood@pln.sccgov.org, Jim.Baker@pln.sccgov.org, Robert.Salisbury@pln.sccgov.org Lisa Horowitz McCann Digitally signed by Lisa Horowitz McCann Date: 2020.02.13 11:43:19 08'00' However, we are concerned about the long-term stability of the WMSA, especially the Yeager Yard Area. County oversight of this issue is most appropriate, given the potentially significant health and safety concerns. COUNTY OF SANTA CLARA RE: COMMENTS ON THE DECEMBER 20, 2019 AND JANUARY 17, 2020 PERMANENTE QUARRY MONTHLY INSPECTION FEBRUARY 18, 2020 Page 9 provide the County with the coordinates, ground surface elevation and reference elevation for water level measurements at this new well. In addition, the mine operator should provide accurate groundwater level elevations at well WMSA-DMW-11A and the five vibrating wire piezometers since the beginning of 2018 up to and including the most recent monitoring measurements. Also, the mine operator should provide the well log for the monitoring well WMSA-DMW-11A and the five piezometers. I also recommend that the mine operator take frequent measurements of groundwater levels in the Yeager Yard Landslide during winter months to track the rise and fall of groundwater levels. The rate and magnitude of rise and fall is an indication of how effective the mitigation measures are at preventing deep percolation of runoff into the landslide. If the elevation of groundwater increases above historical levels, the mine operator should notify the County immediately and provide an analysis of the Yeager Yard Landslide stability and potential for mass movement of the landslide into Permanente Creek. Landslide Movement Monitoring Information is provided on the depth and direction of landslide movement from the shearing of three slope inclinometers, WMSA-3, WMSA-4 and WMSA-5, in the February 7, 2020 CAP Addendum, section 5.0. These inclinometers sheared at elevations from 1341 to 1473 feet, msl, see Table 5. The direction of movement from the inclinometer readings was to the southeast, see Figure 5.1 in the February 7, 2020 CAP Addendum. There also appears to be a GPS survey station(s) installed on the Yeager Yard Landslide, photo 17. I’m assuming that these provide real-time measurements of the movement of the landslide. Fixed station GPS real-time measurements of the Yeager Yard Landslide surface provide valuable information on the stability of the slide and the success of the mitigation measures. Real-time tracking of the rate and direction of movement of the landslide is critical, particularly if the rate of movement of the landside increases. The Yeager Yard Landslide mass is moving towards Permanente Creek and its mass is sufficiently large to block the creek. Should this happen during winter months, the runoff from the upper watershed would likely pond, creating a new debris flow hazard to structures and residences downstream. I recommend that the mine operator provide the County with a monthly report of the readings from these GPS survey stations, which should be tabulated, and movement vectors plotted. Particular attention should be given to whether the landslide movement is changing, slower or faster, and whether there is a difference depending on the time of year and the elevation of groundwater. I also recommend that a protocol be established for immediately notifying the County should the rate of movement of the Yeager Yard Landslide, or any other waste pile, indicate that waste rock could slide into and block Permanent Creek. E 3DFNHW 3J 1 Cyrah Caburian From:City of Cupertino Written Correspondence Subject:FW: Thank you Original Message From:P Hershey pamelakhershey@aol.com> Sent:Tuesday,September 15,2020 7:44 PM To:Kirsten Squarcia KirstenS@cupertino.org> Subject:Thank you 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 Kristen, I want to thank the council for all of their hard and dedicated work They deserve an A from myself as a teacher. Pam Hershey 50 year resident Sent from my iPhone CC 09-15-20 2 Report on Committee Assignments Written Comments 1 Cyrah Caburian ‐‐‐‐‐Original Message‐‐‐‐‐ From: Darcy Paul <DPaul@cupertino.org> Sent: Tuesday, September 15, 2020 8:03 PM To: Kirsten Squarcia <KirstenS@cupertino.org> Subject: 9/15/2020 Council Meeting ‐ Item 2 ‐ Material at Meeting Attached, thanks.  ‐Darcy  ===============  Darcy Paul  Vice Mayor  City of Cupertino  ===============  Cupertino City Council Meeting September 15,2020 Item 2 Council Reports Report of Vice Mayor Paul SVRIA BOD Meeting August 31,2020 Key Point Closed session to interview prospective candidates for Executive Director Cupertino Mayor’s Commissioners’Meeting September 9,2020 Key Points notes of Vice Mayor Paul;attending in place of Mayor Scharf,who was participating in a County task force on the issue of homelessness) Fine Arts Diana)Young Artists’contest;Mural project Sustainability Gary)Plastics;Climate Action Plan updates Planning Kitty)Birdsafe design and Darkskies ordinance;hillside exemption for a residence Teen Anagaa)Hack Cupertino event;Pizza and Politics Library Amanda)Senior divide;digital divide;Curbside hours are now 37p Wed and Th,15pm other days Parks Rec Carol)Park amenities and upgrades from the fiscal year will be 200k for all parks,having public outreach; community gardens;offleash trial period ended and extended Public Safety Tiffany)Vehicle burglaries went up from June to July;public safety forum will be monthly either four or five sessions)and online instead of an annual live forum this year,mental health will be the topic in October Bike Ped Muni)Bollinger road safety study;Stevens Creek bike lane project TICC Mukesh)Adaptive traffic signaling;climate and noise monitoring;fiberoptic and wireless master plan for the city, vendor report later this month Housing Siva)Subcommittee work for the housing survey proceeding;discussion on developmentally disabled housing, looking for a prospective site Audit Darcy)Internal audit work by Moss Adams proceeding;financiallyrelated milestones are being met timely VTA Policy Advisory Committee Meeting September 10,2020 Key Points Item 7 Update on SR237 express lanes.Discussed expresslane tolling from March 19 to end of May,tolls were not collected),ring of expresslane charges around the Bay looking to be considered in the future; express lane revenues from SR237 were up almost 2mm in fy2020,from 1.3mm in fy2019,despite the nearly two and a half months of no collections Item 8 Next Generation High Capacity Transit Study.Discussed VTA’s current efforts to examine potential future highcapacity transit options;seem to have an openness to considering more innovative and longer term solutions but need to keep the interestfactor known Transit Service Plan part of Staff updates);Couple of upcoming publicinput dates of notes,September 23 at 6pm and September 29 at 11am.See https://www.vta.org/projects/2021transitserviceplan Automated electric bus pilot part of Staff updates)Occurring in the County;possibly at the PA VA hospital CC 09-15-20 7 Short Term Rental Ordinance Written Comments 1 Cyrah Caburian From:Jenny Griffin <grenna5000@yahoo.com> Sent:Tuesday, September 15, 2020 6:37 PM To:City Clerk Subject:Number 7- short term rentals 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 Ccouncil: I am wondering what the status of the city hiring the outside vendor who will monitor The short term rentals is at this point?Has the city found a vendor who will monitor The short term rentals if there are any issues of compliance or they need to contact The owners and they are not available?Will this vendor be shown on the city website And will the phone number be made available?Will they contact the owner of they need To get a hold of them?Is the city getting cost recovery for this?I think it is good To have this monitoring service engaged by the city.It will prevent Orinda incidents From happening. Thank you,Jennifer griffin CC 09-15-20 8 Short-Term Rental Registration, FY 2020-21 Written Comments 1 Cyrah Caburian From:Jenny Griffin <grenna5000@yahoo.com> Sent:Tuesday, September 15, 2020 6:54 PM To:City Clerk Subject:Number 8- tax for short term rentals? CAUTION:This email originated from outside of the organization.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City council: Can the city receive the full amount of hotel occupancy tax for short term rentals? Is this charged daily or per month?Hotels rent by the day and so do short term Rentals?Is the occupancy tax collected guys same way?Does the city get TOT from ADUs?This might be an avenue for TOT from ADUs for the city.Are ADUs considered Short term rentals by the city of can the city get revenue from ADUs? Thank you, Jennifer griffin CC 09-15-20 11 2020 Blackberry Farm Entrance Road Feasibility Study Report Written Comments 1 Cyrah Caburian From:Rhoda Fry <fryhouse@earthlink.net> Sent:Tuesday, September 15, 2020 6:47 PM To:City Clerk; City Council Subject:Agenda Item 11: Blackberry Farm Entrance - City Council September 15, 2020 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. Agenda Item 11:Blackberry Farm Entrance I'm concerned about the loss of trees. These trees protect nearby homes from errant golf balls. These trees also provide stability for the slope on the path side and the driveway. Thanks,Rhoda Fry 1 Cyrah Caburian From:Seema Lindskog <seema3366@gmail.com> Sent:Tuesday, September 15, 2020 7:08 PM To:City Clerk; Cupertino City Manager's Office; City Council Subject:Please support modified Alternative B for Blackberry Farm Bike Lanes 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 Manager and City Council Members, The city staff presented the various options for the Blackberry Farm Bike Lanes to the Bike Ped Commission in Feb 2020. The Bike Ped Commission supported Alternative B BUT with both uphill and downhill bike lanes next to each other and next to the pedestrian walkway,away from cars. The current option B that city staff is presenting tonight to city council for approval has ONLY the uphill bike lane next to the pedestrian walkway,with downhill bikers are expected to share the road with cars.It is NOT what the Bike Ped Commission requested and it is not the safest option for bicycle riders in our community,especially children and less expert bikers. Please approve a modified Alternative B with both the uphill and downhill bicycle lanes next to each other and next to the pedestrian walkway,away from the car lanes.It is the safest option for all bicycle riders. Thank you for your hard work on behalf of the city. Best regards, Seema Lindskog You must be the change you want to see in the world."Mahatma Gandhi 1 Cyrah Caburian From:Jennifer Shearin <shearin.jen@gmail.com> Sent:Tuesday, September 15, 2020 7:14 PM To:City Clerk; City Council Subject:City Council agenda item 11 (9/15/20) CAUTION:This email originated from outside of the organization.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Councilmembers and esteemed Mayor Scharf, I am writing tonight to encourage you to approve the proposal to add safe bicycle access to the entrance to Blackberry Farm,with the caveat that it be a two way bike lane—not one way,as the City Staff is proposing tonight. The proposal that City Staff is presenting is not what the Bicycle Pedestrian Commission supported in February 2020 at their commission meeting. During that meeting, The Bike Ped Commission said they supported Option B but with both uphill and downhill bike lanes next to each other and next to pedestrian walkway, away from cars. The Staff proposal tonight would leave cyclists in one direction still trying to share the lane. Cupertino has the land; let’s do this right. Make the bike lane go in both directions, away from cars, to make it safe to exit and enter Blackberry Farm. This would be great for residents of all ages. Thank you for your consideration of my input, and for your hard work on behalf of Cupertino. Best Wishes, Jennifer Shearin 1 Cyrah Caburian From:Joseph Fruen <jrfruen@gmail.com> Sent:Tuesday, September 15, 2020 11:10 PM To:Kirsten Squarcia; Rod Sinks; Darcy Paul; Liang Chao; Jon Robert Willey; Steven Scharf Subject:For Public Comment Re: Item 11 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. Mayor Scharf and Councilmembers: Under the current recommendation Alternative B),I'm concerned that by not separating cyclists riding downhill as well as uphill,we will create a situation where less experienced bike riders would have to mix with cars.Such a situation could make cyclists feel less safe and disincline them toward using bicycles to access Blackberry Farm. I therefore encourage you to approve a modified Alternative B that cleaves to the Bicycle Pedestrian Commission's original recommendation,which included bike lanes running both uphill and downhill and next to the pedestrian walkway.I think this recommendation represents the safest version of the alternative.Ensuring that cyclists feel safe here will encourage increased use of bicycles to access Blackberry Farm. Many thanks, J.R.Fruen 1 Cyrah Caburian From:Kirsten Squarcia Sent:Tuesday, September 15, 2020 8:50 PM Cc:City Clerk Subject:FW: Agenda Item 11 San Fernando entrance to Blackberry Farms Attachments:Students near Carmen Bridge (002).jpg Dear Mayor,Vice Mayor,and Councilmembers Bcc’d on this email), I am forwarding an email at the request of Larry Dean regarding agenda Item No.11 San Fernando entrance to Blackberry Farm. Regards,Kirsten Kirsten Squarcia City Clerk City Manager's Office/City Clerk's Office KirstenS@Cupertino.org 408) 777-3225 From:Larry Dean ldean95014@comcast.net> Sent:Tuesday,September 15,2020 8:42 PM To:City Clerk CityClerk@cupertino.org> Subject:Agenda Item 11 San Fernando entrance to Blackberry Farms 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 Manager and City Council Members, The re engineering of the entrance to Blackberry Farms is a key segment/connector for the Monta Vista Bike Boulevard that extends from MVHS to Orange/San Fernando,through Blackberry Farms Park to Scenic Circle.It will connect over 1,300 middle and high school students from all of the neighborhoods West of Stevens the)Creek to the schools complex.This area includes Deep Cliff,the Scenic,Inspiration Heights and Stevens Creek School neighborhoods with the main route that does not have extremely high cyclist/vehicle conflict think McClellan Road and Stevens Creek Boulevard at rush hour).Please see the attached neighborhood layout. Additionally,with the completion of the McClellan Road separated bike lane project,it will make Blackberry Farms more easily and safer accessed for all ages of cyclists in the community. The city staff presented the various options for the Blackberry Farm Bike Lanes to the Bike Ped Commission in Feb 2020. The Bike Ped Commission supported Alternative B BUT with both uphill and downhill bike lanes next to each other and next to the pedestrian walkway,away from cars. The current option B that city staff is presenting tonight to city council for approval has ONLY the uphill bike lane next to the pedestrian walkway,with downhill bikers are expected to share the road with cars.It is NOT what the Bike Ped 2 Commission requested and it is not the safest option for bicycle riders in our community,especially children and less expert bikers. Please approve a modified Alternative B with both the uphill and downhill bicycle lanes next to each other and next to the pedestrian walkway,away from the car lanes.It is the safest option for all bicycle riders. Thank you for your hard work on behalf of the city. Larry Dean Walk Bike Cupertino 40 year resident of the Scenic and Stevens Creek School neighborhoods