CC 03-01-2022 Item No. 10. Vacation of a Public Pedestrian Walkway Easement through Tract 9405_Late_Written CommunicationsCC 3
#10
Vacation of a
Public Pedestrian
Walkway Easement
through Tract 9405
Written Comments
From:Xingchi He
To:City Council; City Clerk; Darcy Paul; Liang Chao; Jon Robert Willey; Hung Wei; Kitty Moore
Cc:Ivan Corneillet; Mehdi Kalai; Moshe Broudo; Vivian Corneillet; Daniel Kau; Min Li; s hong; Xingchi He; Longkins;
lili kalai; Gary Wong; Yong Chen; Hai Han; Yong Chen; Qi Zhu
Subject:Close Lozano easement walkway - Thank you
Date:Tuesday, March 1, 2022 11:19:32 PM
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Dear Mayor Darcy, Vice-Mayor Chao, dear Council Members,
I would like to thank you for the time and effort that you invested tonight and before to
scrutinize tonight's agenda item 10 (Vacation of Public Pedestrian Walkway Easement),
especially when we, the Lozano residents, are such a small group, and are portrayed so
negatively with tremendous misinformation by other community members who are strongly
opinionated against this proposal.
We all want a safer and more walking and biking friendly community. I would like to echo
with the following bullet points that you recognized in the meeting:
1. The original purpose of the easement is no longer valid and it is necessary to re-examine
the current usage, risks and benefits of the Lozano walkway.
2. The Lozano walkway is not a planned trail head. We have two well-constructed trail
heads on both the east (De Palma) and west (Rodrigues) sides (with ADA access and
much better safety measures).
3. The Lozano walkway has been misused (night time, biking, etc.) in the past two
decades. It is expected to be used more extensively by the public. It is NOT fair for our
small HOA (eight families) to bear the financial cost and the liability.
4. People will always take shortcuts, if we provide one. You have observed frequent
pedestrian crossing on Rodrigues even now, which is likely to worsen after Regnart trail
is opened. Crosswalks are not recommended by the City Staff. Without crosswalks, it
will be even more dangerous to cross Rodrigues.
It is a seriou safety concern, regardless if it is legal or not. Both you and I have first
hand observation about the traffic around city hall. Speeding on Rodrigues is often seen.
This, combined with the curvy turn west to our community on Rodrigues, and
pedestrian crossing randomly, will lead to more accidents. While I'm supportive of data-
driven approaches in general, this is the data I would rather not see if we can take
preemptive measures.
When revisiting this proposal, please take consideration of these bullet points. We would love
to continue this discussion with you and your team.
Best,
--
Xingchi
From:Christina Yang
To:City Council; City Clerk
Cc:Ivan Corneillet; Mehdi Kalai; Moshe Broudo; Vivian Corneillet; Daniel Kau; Min Li; s hong; Xingchi He; Longkins;
lili kalai; Gary Wong; Yong Chen; Hai Han; Yong Chen; Qi Zhu
Subject:Re: Close Lozano easement path
Date:Tuesday, March 1, 2022 11:00:43 PM
Attachments:image.png
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Dear Mayor and Council members of Cupertino,
I would like to thank you all for taking the time tonight and to hear from us in the public
hearing and propose motions on this matter. Tonight's discussion was productive and
enlightening, hearing from both sides of the argument come forward and express opinions on a
public easement situated on private land. as well as hearing from City staff presenting their
due diligence research/recommendations. Thank you for prioritizing public safety and for
aiming to make data-driven decisions.
I want to reiterate that we are not the enemies of walk bike associations, nor are we the selfish
greedy HOA group portrayed by the other audiences of the community, leading to framing
bias towards us and derailing from stating facts. We are long-term residents of Cupertino and
care about our community just as much as other community members, if not more.
We believe re-visiting the public walkway easement is our legitimate right based and our
proposal is rational, cost-efficient and safety-driven which benefits the entire Cupertino
community.
Thank you again for your time and consideration tonight! I look forward to continuing this
relationship and to future meetings with both you and your dedicated staff. In the meantime, if
I can be of any assistance, please do not hesitate to contact me.
On Tue, Mar 1, 2022 at 1:02 PM Christina Yang <christinay.berkeley@gmail.com> wrote:
Dear Cupertino City Council,
I am writing today to urge you to close the Lozano Lane easement access path to the Regnart
Creek Trail and vote YES on March 1.
Background the easement
When we purchased the home, we signed CC&Rs which contains agreement to Pedestrian
Pathway Easement, dated 06/18/2002, that states “Declarant, as required by City, has constructed
a pedestrian pathway that passes through the Project, from Rodrigues Avenue to the Regnart
Creek walkway. The pathway may be used during daylight hours (only) by the public to walk
between Rodrigues Avenue and the Regnart creek walkway.”
The necessity of the original easement was to serve as the westerly entrance of the old Regnart
Creek walkway, ensuring that the pedestrian access does not simply end at the westerly end of the
trail.
New Regnart Trail Project and changes it brings to the easement
In 2017, the Regnart Trail Project was initiated and the City Council approved the Regnart Creek
Trail Feasibility Study on August 21, 2018. Based on the approved plan, a proposed school-to-
school bikeway was added to connect to the existing Regnart creek walkway on the westerly end.
Important note:
· The approved primary and secondary accesses to the new project are shown below in
Graph 1. Campo de Lozano easement was not planned as a trailhead to the new project.
· The original easement is for a pedestrian pathway not a bikeway
Again, in the 2020 Initial Study/Mitigated Negative Declaration (IS/MND, link), section 3.1.2.3
confirmed the trailheads locations. To ensure pedestrian safety, the document pointed out that “A
high visibility pedestrian crosswalk with Rectangular Rapid Flash Beacons (RRFBs) and Americans
with Disabilities Act (ADA) ramp and curb improvements would be constructed at the South Blaney
Avenue trail crossing” which showed consistency with City’s effort to ensure the public safety
when planning for this project.
Graph 1 - Regnart Creek Trail Feasibility Study Project Map (Link)
Important note:
· With the development of the new Regnart Creek Trail including the new trailheads on
Rodrigues and S. Blaney with appropriate infrastructure including high visibility pedestrian
crosswalks to guide hikers/bikers of the new trail, the original necessity of easement is no
longer as needed. In fact, keeping the easement open invite unsafe, illegal crossing
between the two sides of Rodrigues (including young kids going to neighborhood schools)
to access easement and misuse (biking on the easement, night time use, etc.)
· The owners of Campo de Lozano have overwhelming concerns of safety, liability, andmaintenance cost issues after the new trail project is completed and put in use, and will
present our findings of safety issues in the public hearing on Mar 1st.
Inaccurate information spreading across Cupertino community
It was also brought to our attention that there are organized efforts, lacking the knowledge of the
easement terms and conditions and quoting inaccurate statements, to influence the general
public’s judgement of the easement evaluation. We do not wish to call out in Public hearing of the
inaccurate information spreading widely in the Cupertino community (brought to our attention
from various friends and neighbors) and we would like to address them prior to the public hearing
to avoid friction and prolonged arguments in the public hearing.
1. CupertinoMatters.org published a letter (link) to general public in which the org
indicated ”(Cupertino) council will consider “gifting” a pedestrian path worth
approximately $1M to the Lazano Lane Homeowners’ Association”, implying and
misleading hundreds of people to believe that the Campo de Lozano homeowner
association is benefiting financially from the owners revisiting necessity of the easement
and the changing condition on which the easement was originally created 20 years ago.
2. Walk Bike Cupertino also posted on their website (link) that states “Every one of the
eight homeowners signed an HOA agreement allowing this path to be there as a
connection to a future Regnart Trail when their home was purchased. Having a trail there
is factored into their home prices already.” As we stated in the opening statement, the
owners of Campo de Lozano home association only signed CC&R documents when
purchasing our homes to grant easement to the city based on the specific terms and
conditions 20 years ago. We did not sign any document to grant easement to connect to a
“future Regnart Trail”. The appraisals of home purchased did not factor in the value
“having a trail”.
3. Wike Bike Cupertino also stated “giving away access to this land is a $1 million
unneeded loss for Cupertino. If we have a spare $1 million, let’s use it for something
everyone can enjoy.” Similar to CupertinoMatters.org, they are deriving unverified
economic value of the easement and misunderstood the legal terms of the easement. The
easement was an incorporeal right granted to the city of Cupertino by Campo de Lozano
homeowner association based on the terms both parties agreed to. It is not a right of
occupancy as such or a right to profit from the land. The easement is not transferrable and
can not be “used for something everyone can enjoy”.
4. Moreover, Campo de Lozano homeowner association has been paying for the
maintenance of the easement, landscaping (trees, plants, etc.) along the easement and
bears the duty of care as well as financial liability of damages, etc. If the traffic increases
dramatically after the new trail is put in use, our Campo de Lozano homeowners will bear
higher financial liability.
In conclusion, we would like to show our support to the Cupertino Regnart Creek Trail and believe
that the City Council put public safety as always, the No. 1 priority. Please agree to close the
Lozano Lane easement access path to the Regnart Creek Trail and vote YES on March 1.
--
Christina Qinxin Yang, CFA, CPA
Statistics & Economics | UC Berkeley
Email: christinay.berkeley@gmail.com | Cell: (510)604-2953
--
Christina Qinxin Yang, CFA, CPA
Statistics & Economics | UC Berkeley
Email: christinay.berkeley@gmail.com | Cell: (510) 604-2953
From:Byron P Rovegno
To:City Clerk
Subject:Lazano Lane Access, item #10 tonight
Date:Tuesday, March 1, 2022 5:20:06 PM
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Dear City Clerk,
Due to a medical emergency of a family member I will not be able to speak tonight. Instead I’m
providing the following to be read into the public response record.
Thank you.
Byron Rovegno
10497 Chace Drive
Cupertino
PUBLIC COMMENT 3/1/22
THANK YOU FOR THE OPPORTUNITY TO ADDRESS COUNCIL TONIGHT.
WHEN PERMITTING DEVELOPMENT ON LOZANO LANE, THE DEVELOPER AGREED TO “YES IN THESE
BACKYARDS.”
WHEN PEOPLE BOUGHT HOMES THERE, THEY ACCEPTED THEIR LOT LINES AND THE PUBLIC RIGHT
OF WAY THROUGH THE DEVELOPMENT. THEY KNEW THIS WAS IN THEIR BACKYARD.
TODAY THE REQUEST IS “NOT IN THEIR BACKYARDS.”
MY PREFERRED OUTCOME IS TO DENY ANY CHANGES. COUNCIL SHOULD PUT THIS TO REST NOW
AND RECOGNIZE THE PUBLIC GOOD OF THIS ACCESS.
IF COUNCIL DECIDES TO ACCEPT CHANGES, THEN AN EXPLANATION OF THE BENEFIT TO THE
COMMUNITY IS REQUIRED ALONG WITH REMUNERATION TO THE TAXPAYERS. TO ME THIS MEANS
THAT HOMEOWNERS BE REQUIRED TO PURCHASE THE PROPERTY AT FAIR MARKET VALUE. THE CITY
CANNOT JUST GIVE THEM A GIFT. WE ALREADY SPENT AN EXTRA MILLION PLUS ON SPECIAL
FENCING FOR THESE FOLKS.
ALTERNATIVELY COUNCIL COULD DECIDE TO KICK THE CAN DOWN THE ROAD. IN THIS CASE IT
WOULD BE PRUDENT TO WAIT UNTIL AFTER THE TRAIL IS OPEN WITH FULL ACCESS FOR SIX TO
TWELVE MONTHS AND THEN HAVE CITY STAFF REIVEW THEIR RECOMMENDATION. LISTEN TO ANY
HOMEOWNER GREVANCES AND, IF ANY, THEN PROVIDE POSSIBLE COURSES OF ACTION TO ADDRESS
THEM. THIS DOESN’T HAVE TO BE A RUSH NOW EVEN BEFORE THE TRAIL IS OPENED.
THANK YOU
Sent from Mail for Windows
From:MARK SHAFFER
To:City Council
Cc:City Clerk
Subject:Keep open the Lozano Lane easement path to Regnart Creek Trail
Date:Tuesday, March 1, 2022 5:19:22 PM
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Respected Mayor Paul and Council members:
I am an 83-year-old walker and bicyclist. I no longer drive a car. Exercise at a little distance from traffic and in a
greener space is satisfying and I may say necessary to my well-being, as I imagine it is for families with young
children seeking to access the Regnart Creek trail from Rodrigues Avenue.
The current design of the Regnart Creek trail was reviewed and voted on year after year for over 4 years before
construction started. The council has already heard from residents adjacent to the trail many times over the years and
has allocated nearly $2 million to address their concerns. There is no new information that would justify closing this
access path.
There are a dozen similar easements throughout the city that have been used daily for decades with zero complaints
from residents in the adjacent homes. An excellent example is the 75ft of stairs that provide a pedestrian shortcut
through the McClellan hairpin bend near Deep Cliff golf course. It is a heavily trafficked path, used daily by
students to get to Monta Vista HS, and by residents to get to McClellan Ranch, Blackberry Farm and the new Linda
Vista trail. It passes close to 3 homes and yet has existed peacefully for decades, as have a dozen other access paths
throughout the city. There is no reason to believe the easement at Lozano Lane is going to be any different.
If the city gifts the easement to the Lozano Lane HOA, it will be an unprecedented, and frankly indefensible, $1
million gift of public funds to 8 homeowners at the detriment of thousands of other city residents. Not only is this
fiscally irresponsible, but it will also create a legal justification for residents near other easements to demand a
similar gift from the city. Further, it will open the council to charges of financial malfeasance.
Please keep your promise to the thousands of residents who have come out to meeting after meeting over the past 4
years and keep the Regnart Creek trail as designed. Leave the Lozano Lane easement access path open as it is
currently and vote NO on March 1.
Sincerely,
Margaret Shaffer
Sent from my iPad