CC 01-22-2025 Item No. 7 Joint Use Agreement for Continued Public Access to Santa Clara Valley Water District_Written Communications (2)CC 01-22-2025 Item No. 7 Joint Use Agreement for Continued Public Access to Santa Clara Water District property Written Communications From:Sunil Malkani To:Shuling Weng Cc:City Clerk; Theresa Horng; Liang Chao; Kitty Moore; Ray Wang; Sheila Mohan; J.R. Fruen; Neeta Malkani; minbai@gmail.com; Santosh Rao Subject:Re: Request that item #7 on the 1/22/2025 agenda be pulled and voted on separately. Date:Tuesday, January 21, 2025 7:37:13 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: I would also like to be included in written communications for the upcoming city council meeting regarding this matter. Sunil and Neeta Malkani On Tue, Jan 21, 2025 at 7:30 PM Shuling Weng <lucyweng2009@gmail.com> wrote: Dear City Clerk: I would like to be included in written communications for the upcoming city council meeting regarding this matter. Thanks, , Best regards, Shuling Weng Cupertino resident Sent from my iPhone On Jan 21, 2025, at 2:51 PM, Sunil Malkani <sunil.malkani@gmail.com> wrote: Dear Cupertino Mayor Chao, Cupertino Vice Mayor Moore and City Councils members: I too second this. Please remove #7 from the 1/22 agenda. Besides all the points mentioned by Shuling and Theresa below, there are many legal and safety ramifications of this and those need to be addressed before making any ruling on it. I have as recently as last week seen a couple of people walking with torches late at night around 9:30 on this illegal trail and the police dept is not willing to patrol that area. The creekside area being a riparian area also needs to be protected. The creek being a very important part of the biodiversity and ecosystem also will have no protection from dog walkers (seeing a few off leash dogs) or random people venturing into it out of curiosity. Sunil & Neeta Malkani On Thu, Jan 16, 2025 at 10:24 PM Shuling Weng <lucyweng2009@gmail.com> wrote: Dear Cupertino Mayor Chao, Cupertino Vice Mayor Moore and City Councils members: We fully endorse everything Theresa mentioned in her email. She has clearly, concisely, and directly addressed our points. Additionally, we would like to emphasize a few more points: First, Cupertino already has numerous parks and trails for people to walk or hike. The special interest groups who illegally created a trail in our neighborhood do not live here. They show no regard for preserving natural landscapes or considering the impacts and concerns their actions bring to our communities. The actions of these groups can have long-lasting negative effects on our community. Their lack of consideration for local residents' concerns and the environment demonstrates a disregard for our well-being. Unauthorized trails can become a financial burden for Cupertino, as they require maintenance and oversight. These resources could be better allocated towards preserving natural areas and addressing more pressing community needs. Furthermore, natural landscapes often hold historical and cultural significance. Preserving these areas honors our local heritage and maintains the natural beauty that defines our community. We strongly demand that item #7 on the 1/22/2025agenda be pulled and voted on separately. Thanks ! Shuling Weng ( Cupertino resident) Sent from my iPhone On Jan 16, 2025, at 8:48 PM, Theresa Horng <theresahorng@gmail.com> wrote: Dear Cupertino Mayor Chao, Cupertino Vice Mayor Moore and City Councils members: Our neighbors demand that item #7 on the 1/22/2025 agenda be pulled and voted on separately. Due to global warming, we strongly believe that preserving natural landscapes is crucial for environmental health and community resilience. The Valley Water District Property and the entire Stevens Creek riparian zone play a vital role in our ecosystem and should be maintained in their natural state for several reasons: 1. Biodiversity Conservation: Natural areas support a wide variety of plant and animal species. Preserving these areas helps maintain biodiversity, which is essential for ecosystem balance and resilience. 2. Water Quality Improvement: Natural riparian zones act as buffers, filtering pollutants and sediments from runoff before they enter water bodies. This process improves the quality of water in streams and reservoirs, benefiting both wildlife and human populations. 3. Flood Control: Maintaining natural vegetation along waterways helps absorb and slow down runoff during heavy rains. This reduces the risk of flooding, particularly in areas like ours that are prone to such events. 4. Climate Regulation: Trees and other vegetation sequester carbon dioxide, a major greenhouse gas contributing to global warming. By keeping these areas natural, we can help mitigate climate change effects by absorbing carbon emissions. 5. Erosion Prevention: Natural vegetation stabilizes soil and prevents erosion. This is especially important in riparian zones, where erosion can degrade water quality and harm aquatic habitats. Given these significant benefits, we urge that the Valley Water District Property and the Stevens Creek riparian zone be preserved in their natural state. This approach aligns with broader environmental goals and ensures the sustainability and safety of our community in the face of global warming. Additionally, regarding the Cupertino Draft Joint Use Agreement #7 on Graffiti Removal, the city is supposed to have primary responsibility for removing graffiti on the premises related to trail use. However, I have concerns about Cupertino City's ability to manage this effectively. Many of us have lived in Cupertino for more than two decades, and the graffiti under Stevens Creek Blvd has remained untouched by the city for twenty years. Please see the attached pictures showing the graffiti under the bridge. Again, we strongly demand that item #7 on the 1/22/2025 agenda be pulled and voted on separately, see follows: Agenda 7. Subject: Authorization to execute a Joint Use Agreement for Continued Public Access to Santa Clara Valley Water District property situated along a portion of Stevens Creek Trail. Recommended Action: Authorize the City Manager to execute a new Joint Use Agreement with Santa Clara Valley Water District for ongoing access to the District's property situated along a portion of the Stevens Creek Trail. Attached pictures of graffiti under the bridges for decades and City agenda and agreements. cc the neighbors who are concerned about this issue. We appreciate your attention to this matter. Best regards, Theresa Horng Cupertino Resident theresahorng@gmail.com 408-772-2328 <Agenda.pdf> <Staff Report.docx> <A â???? Draft Joint Use Agreement.pdf> <IMG_3921.HEIC> <IMG_3917.HEIC> <IMG_3909.HEIC> <IMG_3916.HEIC> -- Sunil Malkani -- Sunil Malkani From:Shuling Weng To:City Clerk Cc:Theresa Horng; Liang Chao; Kitty Moore; Ray Wang; Sheila Mohan; J.R. Fruen; Neeta Malkani; minbai@gmail.com; Santosh Rao; Sunil Malkani Subject:Re: Request that item #7 on the 1/22/2025 agenda be pulled and voted on separately. Date:Tuesday, January 21, 2025 7:31:33 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: I would like to be included in written communications for the upcoming city council meeting regarding this matter. Thanks, , Best regards, Shuling Weng Cupertino resident Sent from my iPhone On Jan 21, 2025, at 2:51 PM, Sunil Malkani <sunil.malkani@gmail.com> wrote: Dear Cupertino Mayor Chao, Cupertino Vice Mayor Moore and City Councils members: I too second this. Please remove #7 from the 1/22 agenda. Besides all the points mentioned by Shuling and Theresa below, there are many legal and safety ramifications of this and those need to be addressed before making any ruling on it. I have as recently as last week seen a couple of people walking with torches late at night around 9:30 on this illegal trail and the police dept is not willing to patrol that area. The creekside area being a riparian area also needs to be protected. The creek being a very important part of the biodiversity and ecosystem also will have no protection from dog walkers (seeing a few off leash dogs) or random people venturing into it out of curiosity. Sunil & Neeta Malkani On Thu, Jan 16, 2025 at 10:24 PM Shuling Weng <lucyweng2009@gmail.com> wrote: Dear Cupertino Mayor Chao, Cupertino Vice Mayor Moore and City Councils members: We fully endorse everything Theresa mentioned in her email. She has clearly, concisely, and directly addressed our points. Additionally, we would like to emphasize a few more points: First, Cupertino already has numerous parks and trails for people to walk or hike. The special interest groups who illegally created a trail in our neighborhood do not live here. They show no regard for preserving natural landscapes or considering the impacts and concerns their actions bring to our communities. The actions of these groups can have long-lasting negative effects on our community. Their lack of consideration for local residents' concerns and the environment demonstrates a disregard for our well-being. Unauthorized trails can become a financial burden for Cupertino, as they require maintenance and oversight. These resources could be better allocated towards preserving natural areas and addressing more pressing community needs. Furthermore, natural landscapes often hold historical and cultural significance. Preserving these areas honors our local heritage and maintains the natural beauty that defines our community. We strongly demand that item #7 on the 1/22/2025agenda be pulled and voted on separately. Thanks ! Shuling Weng ( Cupertino resident) Sent from my iPhone On Jan 16, 2025, at 8:48 PM, Theresa Horng <theresahorng@gmail.com> wrote: Dear Cupertino Mayor Chao, Cupertino Vice Mayor Moore and City Councils members: Our neighbors demand that item #7 on the 1/22/2025 agenda be pulled and voted on separately. Due to global warming, we strongly believe that preserving natural landscapes is crucial for environmental health and community resilience. The Valley Water District Property and the entire Stevens Creek riparian zone play a vital role in our ecosystem and should be maintained in their natural state for several reasons: 1. Biodiversity Conservation: Natural areas support a wide variety of plant and animal species. Preserving these areas helps maintain biodiversity, which is essential for ecosystem balance and resilience. 2. Water Quality Improvement: Natural riparian zones act as buffers, filtering pollutants and sediments from runoff before they enter water bodies. This process improves the quality of water in streams and reservoirs, benefiting both wildlife and human populations. 3. Flood Control: Maintaining natural vegetation along waterways helps absorb and slow down runoff during heavy rains. This reduces the risk of flooding, particularly in areas like ours that are prone to such events. 4. Climate Regulation: Trees and other vegetation sequester carbon dioxide, a major greenhouse gas contributing to global warming. By keeping these areas natural, we can help mitigate climate change effects by absorbing carbon emissions. 5. Erosion Prevention: Natural vegetation stabilizes soil and prevents erosion. This is especially important in riparian zones, where erosion can degrade water quality and harm aquatic habitats. Given these significant benefits, we urge that the Valley Water District Property and the Stevens Creek riparian zone be preserved in their natural state. This approach aligns with broader environmental goals and ensures the sustainability and safety of our community in the face of global warming. Additionally, regarding the Cupertino Draft Joint Use Agreement #7 on Graffiti Removal, the city is supposed to have primary responsibility for removing graffiti on the premises related to trail use. However, I have concerns about Cupertino City's ability to manage this effectively. Many of us have lived in Cupertino for more than two decades, and the graffiti under Stevens Creek Blvd has remained untouched by the city for twenty years. Please see the attached pictures showing the graffiti under the bridge. Again, we strongly demand that item #7 on the 1/22/2025 agenda be pulled and voted on separately, see follows: Agenda 7. Subject: Authorization to execute a Joint Use Agreement for Continued Public Access to Santa Clara Valley Water District property situated along a portion of Stevens Creek Trail. Recommended Action: Authorize the City Manager to execute a new Joint Use Agreement with Santa Clara Valley Water District for ongoing access to the District's property situated along a portion of the Stevens Creek Trail. Attached pictures of graffiti under the bridges for decades and City agenda and agreements. cc the neighbors who are concerned about this issue. We appreciate your attention to this matter. Best regards, Theresa Horng Cupertino Resident theresahorng@gmail.com 408-772-2328 <Agenda.pdf> <Staff Report.docx> <A â???? Draft Joint Use Agreement.pdf> <IMG_3921.HEIC> <IMG_3917.HEIC> <IMG_3909.HEIC> <IMG_3916.HEIC> -- Sunil Malkani From:Liang Chao To:City Clerk Cc:Pamela Wu Subject:Fw: Reservoir Concerns Date:Tuesday, January 21, 2025 6:26:46 PM Attachments:image001.png image003.png Please enter the following resolves from the Water District into the written communication of the 1/22 council meeting. Liang Chao​​​​ Mayor City Council LChao@cupertino.gov 408-777-3192 From: Roseryn Bhudsabourg <RBhudsabourg@valleywater.org> Sent: Tuesday, January 21, 2025 5:58 PM To: Liang Chao <liangchao@cupertino.org>; Liang Chao <LChao@cupertino.gov> Cc: Genevieve Yip <GYip@valleywater.org> Subject: RE: Reservoir Concerns Good evening Mayor Chao, I hope you were able to enjoy the extended holiday weekend. I am reaching out because our Government Relations team was looped in regarding your inquiry below to the County Fire Department about the water levels at Stevens Creek Reservoir. I would be happy to provide you with some helpful background on this, especially in light of the wildfires impacting Los Angeles. Valley Water does own and operate 10 reservoirs throughout Santa Clara County, and we partner with fire protection agencies and local water retailers (such as San Jose Water Company) to supply water that may be used for fire protection purposes. Due to a dry January, our reservoirs are a little below normal levels; however, what may look very low is not as low as it seems. In fact, Stevens Creek Reservoir is currently 62% full— equivalent to a volume of 1,900 acre-feet of water. Rest assured, though, that this is more than enough water needed for an emergency situation, and this is not counting our supplies from nine other reservoirs across the County that are collectively at 36% of their full capacity. From a firefighting perspective, each acre-foot (or about 325,000 gallons) can fill over 100 firefighting aircrafts depending on their tank size. What this means is that any of our reservoirs has an immense firefighting capability even when the water level seems low from its bank. We coordinate frequently in interagency planning efforts including water supply and emergency response planning, even though our reservoirs’ primary functions are for water supplies, fish and aquatic habitat, and the incidental benefit of flood risk reduction. I understand the concerns around releasing any water from our reservoirs, but this is never done unless it is absolutely necessary or is providing an environmental benefit. The water levels in our reservoirs are governed by operational rule curves based on scientific models to help balance our reservoir levels at different times of the year. For example, controlled releases do happen to prevent the creeks from going dry or to help with groundwater recharge and percolation. During very wet seasons when our reservoirs are much more full and closer to 100% capacity, we might release some water to reduce the risk of flooding in surrounding communities. But again, I emphasize that we do not release water from our reservoirs if it is not beneficial or scientifically justified. Our Communications team is currently putting together an informational one-pager and FAQ on this topic that I will share with you as soon as it is finalized. In the meantime, please don’t hesitate to reach out if you have further questions. Please know that Valley Water has and will continue to allow the use of the water in the reservoirs for fire agencies to use for emergency fire protection purposes. Thank you, ROSERYN BHUDSABOURG SUPERVISING PROGRAM ADMINISTRATOR Office of Government Relations RBhudsabourg@valleywater.org Tel. (408) 630-3099 Cell. (408) 693-8739 SANTA CLARA VALLEY WATER DISTRICT 5750 Almaden Expressway, San Jose CA 95118 www.valleywater.org Clean Water . Healthy Environment . Flood Protection From: Andres Acevedo <AAcevedo@valleywater.org> Sent: Friday, January 17, 2025 2:32 PM To: Alexander Gordon <AGordon@valleywater.org> Subject: FW: Reservoir Concerns Alex, Here is the email that we spoke about earlier this morning. There was some confusion about my email address so there was a delay in getting it to me. Please let me know if you need any additional information. Andrés From: Arthur Tomasetti <arthur.tomasetti@sccfd.org> Sent: Friday, January 17, 2025 2:00 PM To: Andres Acevedo <AAcevedo@valleywater.org> Cc: Mark Shumate <mark.shumate@sccfd.org>; Hector Estrada <hector.estrada@sccfd.org> Subject: Reservoir Concerns *** This email originated from outside of Valley Water. Do not click links or open attachments unless you recognize the sender and know the content is safe. *** Hello Andre, Thank you for your time this morning and providing information that you would like to share with the Mayor of Cupertino on behalf of Valley Water. Here is the email below and the address of the Mayor to assist you with answering questions or concerns. Is it possible to find out what is the reason for the drop in water levels at Steven’s Creek reservoir. Which agency is responsible for the reservoir water levels. If you know and/or have contact info I can also reach out to them. Liang Chao​​​​ Mayor City Council LChao@cupertino.gov 408-777-3192 Arthur Tomasetti Acting Deputy Chief Administration & Planning Division Santa Clara County Fire Department Office: 408.341-4463 Cell: 408 656-9055