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Exhibit CC 11-29-2010 No. 9 Stevens Creek Corridor ///,-)(1,c, Gail Seeds From: Shani Kleinhaus [shani @scvas.org] Sent: Monday, November 29, 2010 1:31 PM To: Kris Wang; Gilbert Wong; Orrin Mahoney; Barry Chang; Mark Santoro Cc: Gail Seeds; Bob Power Subject: Tonight Agenda Item 9 - Stevens Creek Corridor Park, Phase II Attachments: SCVAS - Cupertino Phasell.pdf; ATT00001..htm Dear Dear Mayor Wang, Vice Mayor Wong, and Council Members, Please find attached Santa Clara Valley Audubon Society's comments regarding Item 9 - Stevens Creek Corridor Park, Phase II, on tonight's City Council Agenda Thank you, Shani Kleinhaus 1 Santa Clara Valley Audubon Society Founded 1926 November 29 2010 Mayor Kris Wang, Vice Mayor Gilbert Wong, Members of the Cupertino City Council Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 -3202 Dear Mayor Wang, Vice Mayor Wong, and Cupertino Council Members, Please accept my apologies for this late communication on tonight's agenda item 9 "Stevens Creek Corridor Park, Phase II." As you know, the Santa Clara Valley Audubon Society (SCVAS) has long advocated for the restoration of the creek and its corridor environment for the benefit of residents and wildlife, and have partner3d with the City of Cupertino in application for the CA River Parkways Grant. We urge the Council to accept the CA River Parkways Grant for the purpose of widening, rehabilitating and possibly realigning the creek through Phase II Stevens Creek Restoration Project. Studying the staff report, we urge you to reject alternatives 1, 2 and 3, and to select alternative 4 (A or B). We understand that full funding of Alternative 4B is unlikely, and that Alternative 4A would create a shortfall of $800,000. We would like to offer the city an additional alternative 5 that would allow the restoration of Stevens Creek to occur fully within budget. Alternative 5 - Fund creek restoration only (at current channel location). Cost: 2,100,000 (calculated by subtraction of staff proposed Alternative 3 (trail, bridge and parking lot, 1.4m) from staff proposed Alternative, 4A(comprehensive trail, bridge, parking lot and stream restoration, 3.5m)). 1. CA River Parkways Grant (awarded) 1,200,000 2. SCVWE/FAHCE (likely, June) 800,000 3. SCVWD —Safe Creeks Grant (maybe) 200,000 OR Park Dedication Fees (Remaining) 150,000 Total Funding: 2,150,000 to 2,200,000 Total Cost 2,100,000 Surplus 50,000 to 100,000 p. 1 of 2 22221 McClellan Road, Cupertino, CA 95014 Phone: (408) 252 -3748 * Fax: (408) 252 -2850 email: scvas(ascv as.ora * www.scvas.org Cupertino's commitment to the restoration of Stevens Creek and its successful implementation at Blackberry Farm are now touted as a model for great urban stream restoration projects. We applaud you for your efforts and investment, and hope that the spirit that guided City Council in making all the decisions that allowed Phase I to be implemented would continue to propel us through Phase II of the project and beyond. We urge the City of Cupertino to accept and use funding to restore the creek now, and complete the trail later if more funding is currently unavailable. We believe that once the creek is restored, it would provide an engine to attract additional funding for the completion of the Stevens Creek Trail. Sincerely, Shani Kleinhaus Environmental Advocate Santa Clara Valley Audubon Society p.2of2 22221 McClellan Road, Cupertino, CA 95014 Phone: (408) 252 -3748 * Fax: (408) 252 -2850 email: scvas(a * www.scvas.org cc ///09//o Linda Lagergren From: Debi Jamison [ddjamison @comcast.net] Sent: Sunday, November 28, 2010 5:11 PM To: Kris Wang; Orrin Mahoney; Gilbert Wong; Mark Santoro; Barry Chang Subject: Stevens Creek corridor projects I received notification after 5pm on Tuesday evening that two projects in SC corridor are on city council agenda Monday night. Like many people, I am traveling over the long Thanksgiving holiday weekend & will not be back home until lal:e tonight (Sunday). Tomorrow is a workday. This does not allow any time to read & respond to the staff reports. Giving this amount of notice may be legal, but it is not "transparent government" when interested residents do not have any time to study these two signicant projects' staff reports & prepare comments. I request that you postpone both items & notify ALL interested parties - For a future meeting. The Scenic Circle Access MND comment period is now & ending soon. Why is this being agendized now? Let public commenrs on MND be addressed first. You know that SCCP Phase 2 is of particular interest to a number of constituencies. This appears to be a very critical decision point which will determine the design. It requires maximum input - For your consideration. Thank you, Deborah Jamison Sent from iPhone on highway 1 GG ( , / 9/d A Linda Lagergren From: Susan Sievert [spsievert@gmail.com] Sent: Monday, November 29, 2010 11:10 AM To: City Council Subject: Stevens Creek Corridor Park, Part Two Happy Thanksgiving, City Council? Honesty, the noticing and involvement of the community should be treated with respect, not as a necessary evil... Phase One incompetence, brazen lies, and the lack of transparency proved to be a taxpayer liability, resulting in the incompetent destruction of a naturalized wetland habitat that had flourished for forty years (the golf ponds); a bait & switch concrete slab poured the length of our only nature preserve after a "similar but better than decomposed granite trail surface" had been publicly promised; and a significant parking error. Please keep your guards up, and allow public scrutiny of any changes staff proposes. Project updates during construction would be welcome so we can be reassured we are getting what we paid for this time. Thank you. Susan Sievert 1 /1-aq -/o .mot q' 4 /O Linda Lagergren From: Terry Greene Sent: Monday, November 29, 2010 3:24 PM To: Kris Wang; Gilbert Wong; Orrin Mahoney; Mark Santoro; Barry Chang Cc: David Knapp; Carol Korade; Mark Linder; 'fryhouse @earthlink.net'; 'ddjamison @comcast.net' Subject: FW: Fwd: Fw: Short notice to your constituents is unkind Members of the Council, please know that two items on the agenda this evening, Scenic Circle Access and SCCP Phase II, as noted below by Ms. Rhoda Fry and in a separate email by Ms. Debi Jamison, are being provided as an update only. No Council action is being sought. Scenic Circle is scheduled to go out to bid on December 3rd and bids are scheduled to be opened on January 18th. The CEQA comment period for Scenic Circle Access does end on December 6th. Comments provided within the comment period will be reviewed and presented to Council in the form of CEQA Documents on January 18th, in conjunction with a discussion of other project details. Council will then have the opportunity to direct staff on how to proceed. SCCP Phase II in is being provided on this agenda to give Council adequate time to begin considering several options of scope and funding. Staff expects to be recommending a public comment period following the January 18th meeting, depending on the alternative chosen. Thank you, Terry W. Greene, AIA City Architect City of Cupertino 10300 Torre Ave Cupertino, California 95014 408 - 777 -3354 Original Message From: Carol Korade Sent: Friday, November 26, 2010 10:06 AM To: David Knapp; Aarti Shrivastava; Terry Greene ;, Mark Linder Subject: Fw: Fwd: Fw: Short notice to your constituents is unkind Fyi Original Message From: Mark Santoro <cupertinomark @gmail.com> To: Carol Korade Sent: Fri Nov 26 10:01:24 2010 Subject: Fwd: Fw: Short notice to your constituents is unkind Forwarded message From: <cupertinomark @gmail.com> Date: Thu, Nov 25, 2010 at 3:12 PM Subject: Fw: Short notice to your constituents is unkind To: carolk @cupertino.org 1 Sent from my Verizon Wireless BlackBerry Original Message From: Rhoda Fry <fryhouse @earthlink.net> Date: Thu, 25 Nov 2010 12:00:10 To: <kwang @cupertino.org>; <gwong @cupertino.org>; <omahoney @cupertino.org>; <msantoro@cupertino.org>; <bchang @cupertino.org>; <cityclerk @cupertino.org> Reply -To: Rhoda Fry <fryhouse @earthlink.net> Cc: <fryhouse @earthlink.net> Subject: Short notice to your constituents is unkind Dear Council Members: Happy Thanksgiving! For public comment on Monday's council meeting - since today is Thanksgiving day, I do not have the time to make this message as pretty or as politically correct as I'd like... On Wednesday, I got notice that you will be making two important decisions regarding the "Stevens Creek Corridor." I have two concerns about this: 1 - Why have your constituents gotten such short notice? The City recently spent quite a bit of money on a dinner meeting in an effort to encourage collaborative decision - making between City government and your voters. Monday is not a typical day for a council meeting. We got notice on Wednesday for this meeting, if Thursday and Friday were business days, I would expect the meeting to be on Tuesday, to provide :3 full business days notice. However, the City of Cupertino, along with many other businesses are closed this Thursday and Friday; so providing notice on Wednesday for a Monday meeting provides ZERO business days notice. THIS IS NOT OKAY. I fully expect that someone from staff will spend hours in response to this message with some sort of legal -ease that what has been done is okay - however, I would like to appeal to your emotional reasons for being voted in as council members and for your future aspirations in serving the community. This late notice is not appropriate and I would expect you to postpone these agenda items and apologise to the community for the lapse in good judgement. 2 - The agenda discusses the Scenic Circle access project. The comment period for this project ends on December 6, well after the scheduled item. Making decisions about the project prior to the end of the comment period sends the message to your voters that this project is completely a done deal; you have no intention on listening (or acting upon) any community input; and you have no interest in your voters. Another faux -pas in my book. Best wishes for a fine Thanksgiving. Kindest Regards, Rhoda Fry 2