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CC 01-22-2025 Late Oral _Written Communications (Updated 1-24-25)CC 01-22-2025 Oral Communications Written Communications From:Liang Chao To:City Clerk Cc:Ravi Kiran Singh Sapaharam Subject:Fw: Homeless Encampments Need Immediate Attention Date:Thursday, January 23, 2025 8:33:01 AM Please include this in the written communication of 1/22 council meeting. Liang Chao​​​​ Mayor City Council LChao@cupertino.gov 408-777-3192 From: Ravi Kiran Singh Sapaharam <ravikiransingh@gmail.com> Sent: Wednesday, January 22, 2025 11:41 AM To: City Council <citycouncil@cupertino.gov>; City Clerk <cityclerk@cupertino.gov>; Pamela Wu <Pamelaw@cupertino.gov>; City Council <citycouncil@cupertino.org> Subject: Homeless Encampments Need Immediate Attention 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, Please include this in written communications for the 01/22/25 meeting: Dear Mayor Chao, City Council Members, and Manager Wu, I’m reaching out because the homeless encampments around Cupertino have gotten out of hand, and it’s clear something needs to be done. These areas are becoming unsafe, unhealthy, and unpleasant for residents, and it feels like the city isn’t taking action fast enough. Here are the locations that need immediate attention: Behind Target on Alves Drive: This spot has turned into a major safety concern, and nearby families and businesses are being unfairly impacted. Northwest corner of Stevens Creek Blvd and DeAnza Blvd: This is a busy area, and the encampment here is bringing down the look and feel of the whole neighborhood. Northwest corner of McClellan Rd and DeAnza Blvd: This one is especially troubling because it blocks the sidewalk, making it dangerous for kids and anyone walking through. It’s frustrating to see these issues grow without a real solution. Residents shouldn’t have to deal with this kind of mess in our neighborhoods. These are public spaces, and they need to be clean, safe, and open for everyone to use. I hope the city steps up and handles this soon. It’s time to put the community first and take action to address these encampments. Thank you, Ravi Kiran Singh Cupertino Resident From:Liang Chao To:City Clerk Cc:Santosh Rao Subject:Fw: Urgent Action Needed: Eviction of Homeless Encampments Following Supreme Court Ruling Date:Thursday, January 23, 2025 8:32:19 AM Please include this in the written communication of 1/22 council meeting. Liang Chao​​​​ Mayor City Council LChao@cupertino.gov 408-777-3192 From: Santosh Rao <santo_a_rao@yahoo.com> Sent: Wednesday, January 22, 2025 11:30 AM To: City Council <citycouncil@cupertino.org>; Pamela Wu <pamelaw@cupertino.org>; City Clerk <cityclerk@cupertino.org> Subject: Urgent Action Needed: Eviction of Homeless Encampments Following Supreme Court Ruling 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, Please include in written communications for the 01/22/25 meeting. Subject: Urgent Action Needed: Eviction of Homeless Encampments Following Supreme Court Ruling Dear Mayor Chao, Cupertino City Council Members, and Manager Wu, I am writing to request urgent action to address the critical issue of homeless encampments in Cupertino, in light of the recent Supreme Court ruling in City of Grants Pass, Oregon v. Johnson. This landmark decision overturns the Ninth Circuit’s previous position, affirming that enforcing ordinances regulating camping on public property does not violate the Eighth Amendment. Combined with Governor Newsom’s recent executive order prioritizing the clearing of encampments, Cupertino now has both the legal framework and state-level directive to act decisively. There are three specific locations in Cupertino where a homeless encampment urgently needs to be cleared: 1.Behind Target on Alves Drive: This encampment has led to growing safety and hygiene concerns, impacting nearby residents and businesses. It is a great disservice to residents in that area to have to live with this by their homes. 2.Northwest corner of Stevens Creek Blvd and DeAnza Blvd: This highly visible encampment near the heart of the city has significantly affected the surrounding community. 3.Northwest corner of McClellan Rd and DeAnza Blvd: The encampment at this location is on a narrow sidewalk and makes the sidewalk unusable and poses a safety risk to kids and women who need to walk past this. It poses a public safety risk and hinders the proper use of public space. Homeless encampments in these locations have created serious concerns related to public safety, hygiene, and the quality of life for residents. Immediate action is needed to restore order, cleanliness, and a sense of security to these spaces. The Supreme Court’s ruling and the Governor’s order provide a clear mandate for Cupertino to act without delay. I respectfully urge the City Council to initiate the process to clear these encampments immediately. This action is essential to safeguard the well-being of our residents, preserve our public spaces, and uphold the standards that make Cupertino a desirable place to live and work. This is not merely a legal responsibility but a moral imperative. Our community deserves safe and clean public areas. I trust the Council, Mayor and city manager to show the necessary leadership to address this pressing issue promptly and effectively. Thank you for your attention to this matter. I look forward to seeing timely and decisive action to restore hygiene and public safety to these three locations. Sincerely, San Rao From: mwfantozzi@tfanco.com <mwfantozzi@tfanco.com> Date: Tuesday, January 21, 2025 at 10:35 PM To: Liang Chao <lchao@cupertino.gov>, Kitty Moore <kmoore@cupertino.gov>, Sheila Mohan <smohan@cupertino.gov>, J.R. Fruen <jrfruen@cupertino.gov>, Ray Wang <rwang@cupertino.gov> Subject: Letter to the City Council re: Evulich Ct. 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. January 22, 2025 City Council Dear City Council I’m Mark Fantozzi and I live at 10915 Linda Vista Dr. My wife and I have lived there for 42 years. The City has harmed the residences in the vicinity of Evulich Ct. We were not notified of the rezoning of the property as was done for the city-wide rezoning of property in the Housing Element. The Evulich property was on the list of properties under consideration but was not included in the city-wide notice in 2022. The property was added in early 2024 and the notice went out by e-notification, the website and a notice in the Courier. Reliance on having people search the website, the limited number of people signed up for e-notification, and the low circulation of the Courier meant that only about 1% of the population saw the notice. None of the residences in the vicinity of the property had any knowledge of the rezoning. 750 residences signed a petition in opposition to the rezoning and the lack of notification. The previous City Council seemed uninterested in our concerns. We are expecting the new City Council to take interest in the citizens they represent. The lack of notification did not allow us to present our concerns in a public hearing. We believe the limited notification was deliberate. The City could just have easily used the same written notification as was done in 2022. Furthermore, a property about 2 miles from Evulich Ct. on McClellan received a sign on the property providing notice of rezoning and the date of the public hearing. The Evulich property had no such sign. Because there are significant questions concerning the lack of notification, the seemingly purposeful attempt by the City to limit the number of people being notified, we are requesting that the Summerhill application be put on hold until a third-party independent investigation is conducted to assess whether the conditions of notification were proper and if there were outside influencers involved in the rezoning of the Evulich property. The third-party independent investigator shall be mutually agreed to by the City and a representative of the neighborhood coalition. The investigator shall have subpoena authority of the city planning department, city staff, city manager, city clerk, director of community development, city attorney and any outside party that has direct involvement with the project. As a result of the rezoning, the City has put our property and neighborhood at significant risk. The City waived the CEQA requirements for rezoning as part of a settlement agreement thereby eliminating a challenge to the rezoning based on the significant impacts to the neighborhood. The subject property is near tree covered open space that poses a high fire risk. The higher density puts the neighborhood at significant risk as demonstrated by the recent fires in California. Californians are struggling to find home insurance. The planned development will result in structures substantially taller than the surrounding buildings, increasing the fire danger. For me, the project is essentially placing a 40’ high stack of kindling 20’ from my house. The City has taken the above action in response to the Housing Act SB330, allowing expediated approvals without regard to impacts to the neighborhood. This project will make homes surrounding the property uninsurable thereby reducing our property values or worse make our homes unsellable. My home insurance policy was cancelled at renewal because of the high fire risk and it was difficult to find replacement insurance. If this happens again, the development will make it impossible. It’s imperative that the City Council take this condition under consideration when evaluating this development. The Evulich property was zoned R1 Single Family with a minimum lot size of 7500 sq ft. The infrastructure in our neighborhood was built over 60 years ago, designed to support 11 houses on this property. The proposed development will have 5 times the demand on services than this aged system was designed for. In addition, the development will increase the impervious service area by 65% increasing the flood potential. Because the Planning Department has not demonstrated its willingness to protect the property rights of the residences, we cannot expect the Planning Department to look out for our interest in reviewing the proposed development application. Therefore, we require the following: 1. A full and complete EIR that will also include the following analyses: a. Full and complete drainage study covering at least 35 acres surrounding the property to validate the drainage capacity of the system with the increase in impervious surface. b. Fire water flow analysis utilizing actual flow test results from the fire hydrants on Linda Vista Drive from Hyannisport up to and including Linda Vista Park. The flow analysis will include the entire SJ Waters system influenced by the fire demand up to and including the pump stations. The analysis will include a resiliency study for standby power and provide for reliability for seismically induced pipe strains for ground motion up to 8.0M earthquake. c. Domestic water analysis for peak demands. d. Site specific ground motion in accordance with ASCE7-22. Recent studies indicate fault activity in California is accelerating. EIR Uniform California Earthquake Rupture Forecast, Version 3 (UCERF3) estimates a greater than 99% chance of one or more magnitude 6.7 or larger earthquakes striking California. e. Sanitary sewer flow will be done to include all flows to the main trunk line. f. Traffic study to include time-of-day analysis and not just level of service. g. Egress analysis considering evacuation due to an earthquake or fire. h. All of these studies will be subject to review by independent experts representing the residences. 2. Summerhill shall provide to residences within a 900’ radius of any point of the Evulich property that reaches any portion of the residences’ property, regardless if it reaches a structure, annual fire insurance at an annual premium of $900 for full value including full cost of repairs or rebuilding and current code compliance for 10 years. The coverage shall be transferable. Summerhill will make up any difference in premium costs charged by the insurances carriers and may deduct the estimated cost of insurance from the purchase price of the property. The premium money shall be set aside in trust before the project is approved. This condition can only be cancelled before 10 years if regular insurance is less than or equal to $900/year for 3 consecutive years or the 10 years expires Respectfully Mark Fantozzi.