CC 03-01-2022 Item No. 10. Vacation of a Public Pedestrian Walkway Easement through Tract 9405_Written CommunicationsFrom:Joseph Fruen
To:City Clerk; Darcy Paul; Liang Chao; Jon Robert Willey; Hung Wei; Kitty Moore
Cc:Kirsten Squarcia
Subject:Re: Item 10: Vaction of public easement
Date:Tuesday, March 1, 2022 4:30:09 PM
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Mayor Paul and Councilmembers:
I write to you to ask that you consider delaying tonight's action on Item 10. The public
easement at Rodrigues and Lozano Lane was a condition of approval for the homes at Campo
de Lozano. With the installation of the Regnart Creek Trail, this access point takes on
increased significance, rather than less. Before giving up such public access--and the monetary
value it represents--council would benefit from more information so that it can better weigh
the interests concerned.
Indeed, without the Regnart Creek Trail yet open to present use and in the absence of
supporting evidence, concerns about impacts from access are speculative. Delaying tonight's
action would also allow time to study the potential of installing a crosswalk that would
provide safer access to the Regnart Creek Trail from this point.
Many thanks for your consideration,
J.R. Fruen
Cupertino resident
From:Jean Bedord
To:City Council; Cupertino City Manager"s Office; City Attorney"s Office; City Clerk
Subject:Agenda Item #10 Violation of process for considering closure of walking path at Regnart Trail - March 1, 2022
Date:Tuesday, March 1, 2022 2:52:12 PM
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Mayor Paul and councilmembers,
I urge you to vote NO on "gifting" this valuable public property to the Lazano Lane
Homeowners’ Association, a private entity, to create their own private park.. When
faced with resident concern with regard to safety, in the past, the city has done a
study to establish the facts. NO study was done in this case. The Regnart Creek Trail
is not yet open, so there is no measure of the level of usage, only unverifiable
concerns about perceived safety. NO documentation is provided in the staff report.
Admittedly, there may be a safety issue regarding the lack of a crosswalk to access
the pathway, but this is quite solvable as shown by the crosswalk at McClellan Ranch.
Establishing a crosswalk would also have the positive side effect of slowing down
traffic on Rodrigues Avenue. NO information was provided regarding this alternative.
In addition, the staff report includes "gifting" $4,368 to the HOA to cover the city costs
to process the paperwork.
Approval of this action would be an irresponsible and unprecedented action by the
city council to create a private park. I urge you to vote NO.
Warm regards,
Jean Bedord
Cupertino resident
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:Close Lozano easement path
Date:Tuesday, March 1, 2022 1:02:45 PM
Attachments:image.png
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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, and
maintenance 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
From:Qi Zhu
To:City Clerk
Cc:Qi Zhu
Subject:Wish to share document for Cupertino City Council Meeting March 1
Date:Tuesday, March 1, 2022 10:17:01 AM
Attachments:item-10-public-walkway-jz.pdf
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Dear Sir/Madam,
I'm Cupertino resident wish to speak for item 10 in today's City Council meeting
March 1.
"Consideration of Vacation of a Public Pedestrian Walkway Easement through Tract
9405, which runs through Campo De Lozano subdivision, located near 20138
Rodrigues Avenue.".
I wish to use attached document/picture to make my point.
Please help to share it when I speak in the meeting.
The document has the location picture and a car hit a pillar on the location in past.
Thank you and appreciate your help.
John Z
From:Seema Lindskog
To:City Council
Cc:Cupertino City Manager"s Office; City Clerk
Subject:Similar easements to Lozano Lane access path to Regnart Creek trail
Date:Monday, February 28, 2022 9:38:32 PM
Attachments:Neighborhood Easements.pdf
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Respected Mayor Paul, Vice Mayor Chao, and council members,
Attached is a document showing a dozen access paths across the city that are very similar to
the Lozano Lane access path to the Regnart Creek trail.
As you can see, several of these paths go quite close to multiple homes. They have all been
open for decades with zero complaints. Many are used quite heavily on a daily basis. There is
no reason to believe that the Lozano Lane access path will cause any more problems than any
of these other easements.
If the council votes to close the Lozano Lane access path, then it needs to be prepared to close
these other dozen easements too, or justify why these eight homeowners are getting special
treatment.
You have received 80 or more letters or more in support of keeping the access path open. It's
an enormous number of residents who took the time to tell you their views on this issue, and
they should not be ignored or required to keep asking for the same thing again and again.
Please listen to the residents.
Thanks,
Seema
___________________________________________________________________
"You must be the change you want to see in the world." - Mahatma Gandhi
From:Marilyn Beck
To:City Council
Subject:Lazano Lane Homeowners’ Association public easement Regnart Creek Trail
Date:Monday, February 28, 2022 5:09:36 PM
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Dear Cupertino city council members,
Please do not give up the public easement to Regnart Creek Trail, as the Lazano Lane HOA
wants you to do. People from the neighborhood deserve access to this trail that you have spent
so much of our taxpayer money on. Everyone in Cupertino should be able to access our trails,
and giving up a public easement is bad in this case and sets a bad precedent.
Please preserve all public access points to this trail. The Lazano Lane homeowners are going
to enjoy this trail, and the neighborhood should be able to enjoy it too.
Thank you,
Marilyn Beck
From:Olivia Shearin
To:City Council; City Clerk; Jim Throop
Subject:Don’t close Lozano Lane access or delay it until later (Agenda Item 15)
Date:Monday, February 28, 2022 5:01:57 PM
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Dear City Councilmembers and Mayor Paul:
On March 1, there is an agenda item to consider closing the access path to the Regnart Creek
Trail that is currently open along Lozano Lane. I ask that you vote to keep it open by voting
NO.
As a long-time Cupertino resident who not only attended Eaton Elementary by bike and
Cupertino High School by walking, bicycle safety for student commuters is incredibly
important to myself and my peers. We were the same age as Ethan Wong when he was killed
biking to Monta Vista; we shared friends with him. It was an incredibly tragic and preventable
loss that left a deep impact on an entire generation of Cupertino residents. I can assure you, we
will surely remember which council members supported childrens' bicycle and pedestrian
safety when the next election rolls around.
Every homeowner in the Lozano and DePalma condominiums signed an agreement to
acknowledge the city-owned path behind their housing units, an easement that was ultimately
planned to connect to a trail. This is not a unique situation for homeowners to be in; there are
similar easements proximate to other homes elsewhere in Cupertino. Yet, the Lozano and
DePalma condominium owners seem to uniquely take issue with the city using the easement
for its intended use—a use that they were made aware of from the moment they purchased
their homes, no less. It is baffling that the City Council is even considering closing this access
path, a necessity for Eaton Elementary students to get to and from school safely, because an
incredibly small minority of homeowners no longer wishes to comply with a contractual
agreement. Worse, they are putting children directly in harm's way by doing so.
Residents have overwhelmingly spoken out in favor of the Regnart Creek Trail for the past six
years.It's no surprise, considering the hundreds of residents at Waterfall Condominiums and
Biltmore Apartments that use the Lozano Lane path to get to Eaton Elementary or go to
Cupertino library safely and easily. I've heard concerns that a crosswalk may be needed at
Rodriguez to handle this traffic. It is a no-brainer that adding a crosswalk is the solution, rather
than closing the trail—it is absolutely mind boggling that these residents are trying to make
this access path being used as intended into a justification for the path being closed!
Again, I urge you to vote NO on March 1. Furthermore, this should not be delayed for a vote
again after the trail reopens. You can help prevent further tragedies.
Sincerely,
Olivia Shearin
--
Incoming DDS Student - University of California, San Francisco
Pronouns: she/her/hers
Cell: (408) 458-6101 | olivia.shearin@gmail.com
From:Joel Wolf
To:City Council
Subject:Resolution No. 22-024 -Vacation of Public Pedestrian Walkway Access from Rodriguez Ave to Regnart Creek Trail
Date:Monday, February 28, 2022 3:51:35 PM
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Dear Council Members
I am a 35 year+ resident of Cupertino and was extremely dismayed/angry when I recently
learned of the council’s consideration to relinquish the easement access from Rodriguez Ave. to
the Regnart Creek trail. I recently learned of this consideration when I saw the public posting at
the walkway entrance. I believe the council should be doing everything it can to facilitate access
to the trail and not remove an access point. This walkway provides a very convenient trail access
point to the nearby residents and is supported by the above-average residential density of the
Cupertino Waterfalls and Biltmore developments. I note that the walkway already has lighting
and is fully developed for trail entry. I cannot for the life of me understand why the city would
even consider giving up such a valuable piece of property that provides a clear public good. The
residents who own the adjoining properties knew of this easement at the time of purchase and
had to have been aware of the potential future development of the Regnart trail. A prior council
(20+ years ago) had the obvious wisdom to plan for the trail access by obtaining this easement.
Please do not give up this access which would benefit far more citizens of Cupertino than the
privacy gained by a few property owners adjacent to this walkway.
I ask you to vote NO on this resolution
Joel Wolf
From:Neil Park-McClintick
To:City Council; City Clerk; Cupertino City Manager"s Office
Subject:In support of keeping the Lozano Access path to the regnart creek trail
Date:Monday, February 28, 2022 3:35:44 PM
Attachments:LazanoRegnartTrailSupport.pdf
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Dear Mayor, Council, and Staff,
On behalf of the executive steering committee of Cupertino for All, I am writing to
you today to request that you keep the Lozano easement access path to Regnart
Creek Trail. Trails are not a public harm—nor are they a harm to homeowners.
They are of great public benefit, and should be treated as such.
Please see our full letter of support for keeping the Lazano Access Path to the
Regnart Creek Trail, as well as our ask to not further waste taxpayer dollars on a
handful of residents.
Sincerely,
Neil Park-McClintick
President, Cupertino for All
From:Michael Northrop
To:City Council
Cc:City Clerk
Subject:Please keep public access to the Lozano Lane path to Regnart Creek Trail
Date:Monday, February 28, 2022 12:23:36 PM
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Respected Mayor Paul and Councilmembers,
I am writing today to urge you to keep open the Lozano Lane easement access path to the
Regnart Creek Trail and vote No on March 1.
Trails need multiple access points to be truly useful for all residents in the neighborhood. It is
especially important for seniors with mobility issues and families with young children to have
an entrance close to their homes.
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.
In addition, I encourage the council to please establish access/easement to the Coyote Ridge
Trail gate near 22332 Regnant Rd, Cupertino CA. Currently only local residents can enter the
park at this entrance, but it should be publicly accessible, at least to foot & bike traffic. Thanks
in advance for your help.
Sincerely,
Michael Northrop
20400 Via Paviso, A35
Cupertino, CA 95014
415-753-3395
From:GEOFFREY PAULSEN
To:City Council
Cc:seema3366@gmail.com; shearin.jen@gmail.com; Larry Dean; Jean Bedord
Subject:Please save Regnart Creek Trail access
Date:Monday, February 28, 2022 11:45:32 AM
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Honorable members of the Cupertino City Council:
From my 14 years serving on various Cupertino Commissions as well as the board of the Friends of Stevens Creek
Trail, I came to fully understand the importance of...
a) access to recreation facilities, and
b) saving money.
So - for the City Council to...
a) revoke a public access route to the Regnart Creek Trail, and
b) give away a valuable easement
... contradicts both of these principles.
So please, I’m asking you to hold off on giving away this easement to the Lozano Lane HOA and work with them to
explore other ways to allay their concerns.
But we must as also keep in mind that if you live in a city, you have to accept the fact that people will be walking
near your home. And having people walk past your home on a public trail...
-reduces crime.
- increases property values.
- reduces pollution.
- promotes personal health.
It’s a win-win-win-win situation.
So - again, please vote to keep this valuable access open.
Regards, Geoff Paulsen
From:Juliet Shearin
To:City Council
Cc:City Clerk; Jim Throop
Subject:Agenda Item #15 - Please vote NO on closing Lozano Lane easement
Date:Sunday, February 27, 2022 4:57:31 PM
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Dear Mayor Paul and Councilmembers,
I am writing today about Agenda Item 15 on the upcoming council meeting agenda, to
consider closing the path near Lozano Lane that will allow access to the Regnart Creek Trail.
As a high school representative for Safe Routes to School and a long-time bicycle-pedestrian
advocate, I urge you to vote no on gifting the easement to homeowners.
One of the many positives of the Regnart Creek Trail is how it will improve connectivity and
allow more students to walk and bike to school. Many high schoolers live in the Biltmore
Apartments and Waterfall Condominiums, and would greatly benefit from the safer commute
that the Lozano Lane path offers them. Likewise, students and residents who want to access
the City Center and Cupertino Library would benefit from this safe bike/ped-friendly access
path. An enormous number of residents — fully 80% of those surveyed in the city — support
increasing the number of trails and paths in the city. Closing off this access point directly
conflicts with their, and my, wishes.
On top of the clear benefits of keeping the Lozano Lane access path open, returning the
easement to residents who live along the street is both fiscally irresponsible and a harmful
precedent to set. The land is worth approximately $1 million dollars, which could be used to
benefit the thousands of people who live in Cupertino; giving it away to benefit just eight
households is contrary to the interests of the city. In addition, many other Cupertino residents
live next to similar easements, such as the one I regularly use to access Wilson Park from
Vicksburg Drive. Setting the precedent of closing these access paths opens the way to a less
connected, more car-dependent future, not the opposite.
Ultimately, I urge you to do what is best for the many, not the few, and vote no on giving the
Lozano Lane easement to homeowners. I hope that we as a city can move towards a more
connected, equitable and sustainable future, one step — or one easement — at a time.
Sincerely,
Juliet Shearin
From:Peter Ludemann
To:City Council
Cc:City Clerk
Subject:Please keep open the Lozano Lane easement path to Regnart Creek Trail
Date:Sunday, February 27, 2022 2:23:36 PM
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Respected Mayor Paul and Councilmembers,
Please keep open the Lozano Lane easement access path to the Regnart Creek Trail
and vote No on March 1.
I live near Cupertino, in south Los Altos (our daughters' high schools are in
Cupertino); I would visit Cupertino more and spend money at businesses there more,
if it were more welcoming to bicyclists. Cupertino needs a lot more alternatives to
automobiles for getting around; and these alternatives are only useful if they form a
complete network, of which the Regnart Creek Trail is one part. Please don't let a few
noisy home owners, whose concerns have already been addressed at significant
cost, block the rest of the community.
Sincerely,
Peter Ludemann
From:Shiv Shah
To:City Clerk
Subject:Public Comment for Lozano Lane Access Path March 1 City Council Meeting
Date:Sunday, February 27, 2022 2:19:33 PM
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Good Evening Councilmembers,
Please leave the Lozano Lane access to Regnart Creek Trail Open. This will make it easier
for people to access the trails and it will make it easier for people to get around without
cars. Thank you.
From, Shiv Shah
From:Alexander Espinosa Pieb
To:City Council
Cc:City Clerk
Subject:Keep open the Lozano Lane easement path to Regnart Creek Trail
Date:Saturday, February 26, 2022 10:28:29 AM
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Respected Mayor Paul and Councilmembers,
I am writing today to urge you to keep open the Lozano Lane easement access path to the
Regnart Creek Trail and vote No on March 1.
Trails need multiple access points to be truly useful for all residents in the neighborhood. It is
especially important for seniors with mobility issues and families with young children to have
an entrance close to their homes.
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,
Alexander Espinosa Pieb
--
All the best,
Alexander Espinosa Pieb
(Pronouns: they/them/theirs, Mx.)
From:Sue Conde
To:City Council
Cc:City Clerk
Subject:Keep open the Lozano Lane easement path to Regnart Creek Trail
Date:Saturday, February 26, 2022 9:48:33 AM
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Respected Mayor Paul and Councilmembers,
I am writing today to urge you to keep open the Lozano Lane easement access path to the
Regnart Creek Trail and vote No on March 1.
Trails need multiple access points to be truly useful for all residents in the neighborhood. It is
especially important for seniors with mobility issues and families with young children to have
an entrance close to their homes.
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
Sue Cancilla-Conde
From:Sue Young
To:City Council
Cc:City Clerk
Subject:Keep open the Lozano Lane easement path to Regnart Creek Trail
Date:Saturday, February 26, 2022 8:42:44 AM
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Respected Mayor Paul and Councilmembers,
I am writing to urge you to keep open the Lozano Lane easement access path to the Regnart Creek Trail and vote
NO on March 1.
In these times, it is especially important to maintain/improve and expand infrastructure for walking and bicycling to
reduce pollution, encourage the use and appreciation of our great weather and natural outdoor spaces. Trails need
multiple access points to be truly useful for all residents in the neighborhood. It is especially important for seniors
with mobility issues and families with young children to have an entrance close to their homes.
I recently learned that 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.
Thank you for your service,
Sincerely,
Sue Young
From:Baoming Tang
To:City Council
Subject:Vote NO on closing the Lozano Lane access path
Date:Friday, February 25, 2022 9:33:33 PM
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Hi,
We want to voice out that we want to say no to closing the Lozano Lane access path~
Best
Btang
From:ShanxinTang
To:City Council
Subject:Say NO on closing the Lozano Lane access path
Date:Friday, February 25, 2022 9:32:27 PM
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Hi All,
We all want to enjoy the Regnart Creek trail and please keep the Lozano Lane access path
OPEN!!!
Best,
Shanxin
From:Joan Bodway
To:City Council
Cc:City Clerk; Joan Bodway
Subject:Keep open the Lozano Lane easement path to Regnart Creek Trail
Date:Friday, February 25, 2022 8:03:36 PM
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Respected Mayor Paul and Councilmembers,
I am writing today to urge you to keep open the Lozano Lane easement access path to the Regnart Creek Trail and
vote No on March 1.
Trails need multiple access points to be truly useful for all residents in the neighborhood. It is especially important
for seniors with mobility issues and families with young children to have an entrance close to their homes.
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,
Joan Bodway
20142 Pacifica Drive
Cupertino, CA 95014
From:Seema Lindskog
To:City Council; City Clerk; Cupertino City Manager"s Office
Subject:Please keep the Lozano Lane access path OPEN
Date:Friday, February 25, 2022 6:44:32 PM
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Respected Mayor Paul, Vice-Mayor Chao, and councilmembers,
I am writing today to ask you to vote no on agenda item 15 in the upcoming Council Meeting
on March 1.
As one of the community leaders of the grassroots resident campaign in support of the Regnart
Creek trail, I've heard from many neighbors over the years.
There are several people I want to tell you about: Ronald Meulman is 75 years old and lives in
the Waterfall Condominiums where he is one of the original homeowners. He wrote you an
email asking you to keep the access path open to make it more convenient for seniors with
mobility issues to use the Regnart Creek trail. Stuart Chessen helped create the path when the
Lozano Lane HOA homes were built. He remembers the promise that was made to keep the
access path open for all residents of the city to reach the Regnart Creek trail. He has written to
you too, reminding you of this promise. Caroline Stanley lives in the Biltmore Apartments
with her three small children. She writes that the access path would make a big difference in
her children's ability to enjoy the trail. John Zhao grew up in the Biltmore Apartments. He
knows from experience how useful this path would be to residents along Rodrigues. I could go
on and on.
Closing this access path will have far-reaching implications for the dozen of similar access
paths around the city. If you close this path, residents adjacent to all these other paths will
have a legal precedent to rely upon to demand that those paths be closed as well, impacting the
quality of life of thousands of Cupertino residents.
Giving the land back to the HOA will leave the council vulnerable to charges of financial
malfeasance. It is not fiscally responsible to give away land of approx $1 million in value to
eight private homeowners and very hard to justify treating these eight homeowners differently
than the homeowners adjacent to other similar easements around the city.
This is a Pandora's Box that is best left closed.
I urge you to prioritize the needs of the thousands of residents along Rodrigues Ave over the
request of eight homeowners who bought their homes knowing full well there was an access
path there to a future Regnart Creek trail. Please vote No on March 1 and keep the access path
at Lozano Lane open.
Best regards,
Seema Lindskog
Executive Board Chair
Walk-Bike Cupertino
Cupertino resident since 2006
___________________________________________________________________
"You must be the change you want to see in the world." - Mahatma Gandhi
From:Emma Shearin
To:City Clerk; City Council; Jim Throop
Subject:Agenda Item #15 - Please vote NO to closing Lozano Ln path
Date:Friday, February 25, 2022 6:01:01 PM
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Dear Mayor Paul and Councilmembers Wei, Moore, Chao and Willey,
I write today as a resident of Cupertino who has grown up here attending Eaton Elementary,
Lawson, and Cupertino High School. I've been active in walking and biking advocacy since
high school as well.
Agenda item 15 on the upcoming Council meeting agenda is to consider closing the path that
is adjacent to Lozano Lane that will connect and access the Regnart Creek Trail. I ask that
you vote NO to closing this walking path.
The hundreds of residents of the Waterfall Condominiums and the Biltmore Apartments will
use this path next year to safely travel to Eaton Elementary and Cupertino High more safely
than I did as a child. (If a new crosswalk needs to be added on Rodrigues to connect to the
path I absolutely support that-- I've definitely had issues biking on Rodrigues that the
crosswalk would improve!)
There are similar easements that run between homes elsewhere in Cupertino, such as into
Wilson Park from Vicksburg Dr-- why do you want to give away this one that has significant
benefit to the community? Apparently, when the homeowners bought their homes when the
condos were built 20 years ago, the path was already in use, and they signed an agreement
acknowledging the path and that it was planned to connect to a trail! Eliminating this easement
is not only a bad precedent for the other easements within the city, but would signal a
continued change to city fiscal policy to continue putting money into the pockets of these
specific residents (nearly $1 million of Regnart Creek Trail funds going to these Lozano and
De Palma homes already).
This is a bizarre decision with $1+ million of impact to benefit eight residents. This seems
fiscally irresponsible and frankly, I would like a free $125,000 as well. Can every resident of
Cupertino have $125,000 of free city land? Here is the bold statement the city would be
making-- that it favors these eight residents enough to be worth 83x more than every other
citizen, as the city spends (equivalent) 1 million on 8 residents vs a $89.6 million budget on
the other c. 60,000 residents.
Thank you for considering the needs of the many people that use and enjoy this path and will
even more once the Regnart Creek Trail opens by voting NO on March 1 at the Council
meeting.
Best,
Emma Shearin
From:jim@crewdavis.com
To:City Council
Subject:Vote No on closing the Lozano Lane Access Path to the Regnart Creek Trail
Date:Friday, February 25, 2022 12:03:38 PM
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Dear Cupertino City Council,
I am writing today to urge you to vote NO on closing the Lozano Lane access path to the Regnart Creek
Trail. This idea makes no sense and is ill-conceived and ill-advised.
It’s quite exciting to see the progress that is being made on the trail! The City of Cupertino has shown its
commitment to walking and biking connectivity, and as such should be encouraging the use of this trail,
including providing clear signage and convenient access. Taking away this access point is clearly
counter-productive to the many Cupertino residents who will use this trail. More access points make for
convenience and usability, plain and simple.
As a long-time taxpayer in Cupertino I object to giving away valuable assets. It is fiscally irresponsible and
sets a dangerous precedent which would undoubtably have future consequences. It’s puzzling why the
city council would spend its time on the desires of a small group at the expense of the entire community.
Please focus council energy and efforts on the greater good to our community, not special interest
groups.
In summary, there is no community-beneficial reason to close this access. Please vote NO.
Sincerely,
Jim Davis
Cupertino Resident for 38 years
From:J Shearin
To:City Clerk; City Council; Jim Throop
Subject:Agenda Item #15 - Please vote NO to closing Lozano Lane path
Date:Friday, February 25, 2022 11:58:31 AM
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Dear Mayor Paul and Councilmembers Wei, Moore, Chao and Willey:
I write today as a 10 year+ resident of Cupertino who has been active in walking and biking
advocacy for many years now. Agenda item 15 on the upcoming Council meeting agenda is to
consider closing the path that is adjacent to Lozano Lane that will connect and access the
Regnart Creek Trail. I ask that you vote NO to closing this walking path.
Cupertino residents want more walking paths and connectivity in their city, not less. The
survey from the approved Parks & Recreation Master Plan states that 80% of residents desire
“more trails and paths”, and 85% want “improved access to natural open spaces”, such as
parks. Closing this path would be the opposite of what the overwhelming number of residents
wish for and the city’s own goals.
The hundreds of residents of the Waterfall Condominiums and the Biltmore Apartments in
particular would be affected. They could use this path, once the Regnart Trail is open, to
safely and easily travel to Eaton Elementary—a much better walk than along busy Blaney
Avenue—or to travel to the library or to head east go to Cupertino High. If a new crosswalk
ultimately needs to be added on Rodrigues, that’s not a bad thing; there are many cars that
speed along it right now, and slowing down traffic in this residential area would be an
improvement for everyone.
Furthermore, having an easement for a walking path such as this one is not a unique situation
in Cupertino. There are similar easements that run between homes elsewhere in Cupertino,
such as into Wilson Park from Vicksburg Drive, and the long stairway path from top of
McClellan (at the turn) down to base of McClellan. The Lozano access path using an easement
has been in use since the Lozano and DePalma condominiums were built almost 20 years ago.
When the homeowners bought their homes, they signed an agreement acknowledging the path
location and that it was planned to connect to a trail. Eliminating this easement is a bad
precedent for the city for future connectivity, and for the other easements within the city, too.
Lastly, it’s a great concern (and frankly a bit bewildering) that the Council is considering
gifting a legal and long-standing easement that is estimated to be worth about $1 million to an
HOA of eight homeowners because they asked for it. Not only does this seem fiscally
irresponsible, but the priorities of the city must be for the greater good of all of its residents,
not just a handful. It is clear that Council cares about individual concerns—the almost $2
million spent in privacy mitigation spending for this trail shows that—but the overall benefit
of the Regnart Trail for all the city’s residents should not be decreased as a consequence.
Thank you for considering the needs of the many people that use and enjoy this path and will
even more once the Regnart Creek Trail opens by voting NO on March 1 at the Council
meeting.
Best Wishes,
Jennifer Shearin
19511 Howard Ct.
From:Anne Ng
To:City Council
Subject:item 15, lozano access to regnart creek trail
Date:Friday, February 25, 2022 10:26:23 AM
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Honorable Mayor and Councilmembers:
Please vote NO next Tuesday on Item 15, which would close access to Regnart
Creek Trail through the Lozano property. Please honor Cupertino's Climate Action
Plan and General Plan, which both promote improving pedestrian and bike access
and connectivity. This particular already existing short path will improve access to
Regnart Creek Trail for the many people who live directly across Rodriguez Avenue in
apartments and condos. (A crosswalk there would be an excellent safety and traffic
calming addition in the middle of a very long block.) Thank you.
Anne Ng
6031 Bollinger Road
Cupertino
From:David Marancik
To:City Council
Cc:City Clerk
Subject:Please vote no to closing path at Lozano Lane to the Regnart Trail
Date:Friday, February 25, 2022 9:19:18 AM
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Dear City Councilmembers and Mayor Paul:
Gifting this land back to an HOA and removing it from public access is just a bad idea. Please keep this corridor
open to the community.
Please vote no to closing the path along Lozano Lane that connects to the future Regnart Trail, a change you are
considering on March 1.
Hundreds of residents at Waterfall Condominiums and Biltmore Apartments can use the Lozano Lane path to
connect to the Regnart Trail to get to Eaton Elementary and the Cupertino Library much more safely and easily.
They could also use it to just to enjoy a nice walk or to get to Main Street via Creekside Park. Closing this path
makes the trail less useful to many residents.
The city’s residents want more, not less, connectivity and trails. Surveys done by the City of Cupertino have shown
this many times. For six years now residents have been asking for the Regnart Creek Trail to be built. Making this
change goes against what all those residents want and what the city says are its goals. It’s just not reasonable to
make a change to benefit a small handful of homeowners against what so many wish for.
This access path has been in use since the Lozano and DePalma condominiums were built almost 20 years ago.
When the homeowners bought their homes, they signed an agreement acknowledging the path location and that it
was planned to connect to a trail. There are similar easements that run between homes elsewhere in Cupertino, so
there is no argument this is a unique case. It’s a bad precedent to take it out now.
Thank you for considering the needs of the many people that use and enjoy this path and will even more once the
Regnart Creek Trail opens by voting NO on March 1.
Sincerely,
From:Adrienne Harber
To:City Council
Cc:City Clerk
Subject:Please vote NO to closing path at Lozano Lane to the Regnart Trail
Date:Friday, February 25, 2022 7:37:17 AM
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Dear City Councilmembers and Mayor Paul:
Please vote “No" to closing the path along Lozano Lane that connects to the future Regnart Trail, a change that you
are considering on March 1.
Residents at Waterfall Condominiums and Biltmore Apartments can use the Lozano Lane path to connect to the
Regnart Trail to get to Eaton Elementary School and the Cupertino Library more safely and easily than if they were
to walk or bike on the streets. They could also enjoy a nice walk or to get to Main Street via Creekside Park.
The City of Cupertino is now working on the bike/pedestrian path next to the creek, which residents voted to
approve after much discussion. To close a path that leads to a trail goes against what the residents want: more, not
less, connectivity and trails. Making this change goes against what the residents want and what the city says are its
goals. It’s unreasonable to make a change to benefit a small handful of homeowners over what so many wish for.
This access path has been in use since the Lozano and DePalma condominiums were built almost 20 years ago.
When the homeowners bought their homes, they signed an agreement acknowledging the path location and that it
was planned to connect to a trail. There are similar easements that run between homes elsewhere in Cupertino, so
there is no argument this is a unique case. It sets a bad precedent to remove it now.
Please consider the needs of the many people that use and enjoy this path now and who will use it even more once
the Regnart Creek Trail opens. Vote "No" on March 1. Thank you.
Sincerely,
Adrienne Harber, proud Cupertino resident
From:Eric Crouch
To:City Council
Cc:City Clerk
Subject:Please vote no to closing path at Lozano Lane to the Regnart Trail
Date:Friday, February 25, 2022 3:47:55 AM
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recognize the sender and know the content is safe.
Dear City Councilmembers and Mayor Paul:
Please vote no to closing the path along Lozano Lane that connects to the future Regnart Trail,
a change you are considering on March 1.
Hundreds of residents at Waterfall Condominiums and Biltmore Apartments can use the
Lozano Lane path to connect to the Regnart Trail to get to Eaton Elementary and the
Cupertino Library much more safely and easily. They could also use it to just to enjoy a nice
walk or to get to Main Street via Creekside Park. Closing this path makes the trail less useful
to many residents.
The city’s residents want more, not less, connectivity and trails. Surveys done by the City of
Cupertino have shown this many times. For six years now residents have been asking for the
Regnart Creek Trail to be built. Making this change goes against what all those residents want
and what the city says are its goals. It’s just not reasonable to make a change to benefit a small
handful of homeowners against what so many wish for.
This access path has been in use since the Lozano and DePalma condominiums were built
almost 20 years ago. When the homeowners bought their homes, they signed an agreement
acknowledging the path location and that it was planned to connect to a trail. There are similar
easements that run between homes elsewhere in Cupertino, so there is no argument this is a
unique case. It’s a bad precedent to take it out now.
Thank you for considering the needs of the many people that use and enjoy this path and will
even more once the Regnart Creek Trail opens by voting NO on March 1.
Sincerely,
Eric Crouch
From:Buffy Joseph
To:City Council
Cc:City Clerk
Subject:Don’t close the path at Lozano Lane to the Regnart Trail
Date:Thursday, February 24, 2022 11:19:11 PM
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you recognize the sender and know the content is safe.
Dear City Councilmembers and Mayor Paul:
Please vote no to closing the path along Lozano Lane that connects to the future Regnart Trail, a change you are
considering on March 1.
We need all the paths we can get in Cupertino, not to close any of them. There is absolutely no reason to close this
path.
We want more, not less, connectivity and trails. Surveys done by the City of Cupertino have shown this many times.
For six years now residents have been asking for the Regnart Creek Trail to be built. Making this change goes
against what all those residents want and what the city says are its goals. It’s just not reasonable to make a change to
benefit a small handful of homeowners against what so many wish for.
This access path has been in use since the Lozano and DePalma condominiums were built almost 20 years ago.
When the homeowners bought their homes, they signed an agreement acknowledging the path location and that it
was planned to connect to a trail. There are similar easements that run between homes elsewhere in Cupertino, so
there is no argument this is a unique case. It’s a bad precedent to take it out now.
Thank you for considering the needs of the many people that use and enjoy this path and will even more once the
Regnart Creek Trail opens by voting NO on March 1.
Sincerely,
Elizabeth Joseph
19782 Bixby Dr, Cupertino
Sent from my iPad
From:Mona Schorow
To:City Council
Cc:City Clerk
Subject:Please vote no to closing path at Lozano Lane to the Regnart Trail
Date:Thursday, February 24, 2022 9:39:47 PM
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you recognize the sender and know the content is safe.
Dear City Councilmembers and Mayor Paul:
Please keep Lozano Lane open to the Regnart Trail. I and my neighbors look forward to using it. Please vote NO
on March 1.
Mona Schorow
iPhone
From:Brian Feinberg
To:City Council
Cc:City Clerk
Subject:Please vote no to closing path at Lozano Lane to the Regnart Trail
Date:Thursday, February 24, 2022 9:31:24 PM
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recognize the sender and know the content is safe.
Dear City Councilmembers and Mayor Paul:
Please vote no to closing the path along Lozano Lane that connects to the future Regnart Trail,
a change you are considering on March 1.
I've lived in Cupertino for over twenty years. I attended several of the meetings at which the trail was discussed, and
was very excited and pleased to see that previously closed off area become
accessible and useful to us here. To see a tiny group of people try to make an end run around multiple previous
decisions on this trail, yet again, is very disappointing and upsetting.
Hundreds of residents at Waterfall Condominiums and Biltmore Apartments can use the
Lozano Lane path to connect to the Regnart Trail to get to Eaton Elementary and the
Cupertino Library much more safely and easily. They could also use it to just to enjoy a nice
walk or to get to Main Street via Creekside Park. Closing this path makes the trail less useful
to many residents.
Thank you for considering the needs of the many people that use and enjoy this path and will
even more once the Regnart Creek Trail opens by voting NO on March 1.
Sincerely,
Brian Feinberg
From:Chris Takimoto
To:City Council
Cc:City Clerk
Subject:Please vote no to closing path at Lozano Lane to the Regnart Trail
Date:Thursday, February 24, 2022 3:27:23 PM
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Dear City Council Members and Mayor Paul:
I would like you to consider this topic carefully. Please think about voting no to closing the
path along Lozano Lane that connects to the future Regnart Trail, a change you are
considering on March 1.
Hundreds of residents at Waterfall Condominiums and Biltmore Apartments can use the
Lozano Lane path to connect to the Regnart Trail to get to Eaton Elementary and the
Cupertino Library much more safely and easily. They could also use it to just to enjoy a nice
walk or to get to Main Street via Creekside Park. Closing this path makes the trail less useful
to many residents.
The city’s residents want more, not less, connectivity and trails. Surveys done by the City of
Cupertino have shown this many times. For six years now residents have been asking for the
Regnart Creek Trail to be built. Making this change goes against what all those residents want
and what the city says are its goals. It’s just not reasonable to make a change to benefit a small
handful of homeowners against what so many wish for.
This access path has been in use since the Lozano and DePalma condominiums were built
almost 20 years ago. When the homeowners bought their homes, they signed an agreement
acknowledging the path location and that it was planned to connect to a trail. There are similar
easements that run between homes elsewhere in Cupertino, so there is no argument this is a
unique case. It’s a bad precedent to take it out now.
Thank you for considering the needs of the many people that use and enjoy this path and will
even more once the Regnart Creek Trail opens by voting NO on March 1.
Sincerely,
From:Kai Wiedman
To:City Council
Cc:City Clerk
Subject:Please vote no to closing path at Lozano Lane to the Regnart Trail
Date:Thursday, February 24, 2022 3:20:13 PM
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you recognize the sender and know the content is safe.
Dear City Councilmembers and Mayor Paul:
Please vote no to closing the path along Lozano Lane that connects to the future Regnart Trail, a change you are
considering on March 1.
Hundreds of residents at Waterfall Condominiums and Biltmore Apartments can use the Lozano Lane path to
connect to the Regnart Trail to get to Eaton Elementary and the Cupertino Library much more safely and easily.
They could also use it to just to enjoy a nice walk or to get to Main Street via Creekside Park. Closing this path
makes the trail less useful to many residents.
The city’s residents want more, not less, connectivity and trails. Surveys done by the City of Cupertino have shown
this many times. For six years now residents have been asking for the Regnart Creek Trail to be built. Making this
change goes against what all those residents want and what the city says are its goals. It’s just not reasonable to
make a change to benefit a small handful of homeowners against what so many wish for.
This access path has been in use since the Lozano and DePalma condominiums were built almost 20 years ago.
When the homeowners bought their homes, they signed an agreement acknowledging the path location and that it
was planned to connect to a trail. There are similar easements that run between homes elsewhere in Cupertino, so
there is no argument this is a unique case. It’s a bad precedent to take it out now.
Thank you for considering the needs of the many people that use and enjoy this path and will even more once the
Regnart Creek Trail opens by voting NO on March 1.
Sincerely,
From:Patti Schmidt
To:City Council
Cc:City Clerk
Subject:Please vote no to closing path at Lozano Lane to the Regnart Trail
Date:Thursday, February 24, 2022 3:06:41 PM
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you recognize the sender and know the content is safe.
Dear City Councilmembers and Mayor Paul:
Please vote no to closing the path along Lozano Lane that connects to the future Regnart Trail, a change you are
considering on March 1.
This easement is important for many many residents who will use this access point to the Regnart Trail. Why would
you want to do this and make this important path less functional? So many students will use this access for travel to
school or the library or to the ball field. Other residents will access the trail here, too.
If trails are not accessible at various points they become somewhat useless - tubes with a portal at each end and not
helpful to those who live along the pathway and need to enter midway.
By closing off this access point you set a dangerous precedent for other pathways to be subpar.
I want Cupertino to be bike and pedestrian friendly. Cities that have established systems outside of roads create
healthier living, an important goal of most new residents.
This access path has been in use since the Lozano and DePalma condominiums were built almost 20 years ago.
When the homeowners bought their homes, they signed an agreement acknowledging the path location and that it
was planned to connect to a trail. There are similar easements that run between homes elsewhere in Cupertino, so
there is no argument this is a unique case. It’s a bad precedent to take it out now.
Thank you for considering the needs of the many people that use and enjoy this path and will even more once the
Regnart Creek Trail opens by voting NO on March 1.
Sincerely,
Patti Schmidt
938 Ferngrove Drive
From:Eric Berggren
To:City Council
Cc:City Clerk
Subject:Please vote no to closing path at Lozano Lane to the Regnart Trail
Date:Thursday, February 24, 2022 2:36:15 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 Councilmembers and Mayor Paul:
Please vote no to closing the path along Lozano Lane that connects to the future Regnart Trail,
a change you are considering on March 1.
Hundreds of residents at Waterfall Condominiums and Biltmore Apartments can use the
Lozano Lane path to connect to the Regnart Trail to get to Eaton Elementary and the
Cupertino Library much more safely and easily. They could also use it to just to enjoy a nice
walk or to get to Main Street via Creekside Park. Closing this path makes the trail less useful
to many residents.
The city’s residents want more, not less, connectivity and trails. Surveys done by the City of
Cupertino have shown this many times. For six years now residents have been asking for the
Regnart Creek Trail to be built. Making this change goes against what all those residents want
and what the city says are its goals. It’s just not reasonable to make a change to benefit a small
handful of homeowners against what so many wish for.
This access path has been in use since the Lozano and DePalma condominiums were built
almost 20 years ago. When the homeowners bought their homes, they signed an agreement
acknowledging the path location and that it was planned to connect to a trail. There are similar
easements that run between homes elsewhere in Cupertino, so there is no argument this is a
unique case. It’s a bad precedent to take it out now.
Thank you for considering the needs of the many people that use and enjoy this path and will
even more once the Regnart Creek Trail opens by voting NO on March 1.
Sincerely,
Eric Berggren
From:Martin Gothberg
To:City Council
Cc:City Clerk
Subject:Please vote no to closing path at Lozano Lane to the Regnart Trail
Date:Thursday, February 24, 2022 2:05:42 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 Councilmembers and Mayor Paul:
Please vote no to closing the path along Lozano Lane that connects to the future Regnart Trail,
a change you are considering on March 1.
Hundreds of residents at Waterfall Condominiums and Biltmore Apartments can use the
Lozano Lane path to connect to the Regnart Trail to get to Eaton Elementary and the
Cupertino Library much more safely and easily. They could also use it to just to enjoy a nice
walk or to get to Main Street via Creekside Park. Closing this path makes the trail less useful
to many residents.
The city’s residents want more, not less, connectivity and trails. Surveys done by the City of
Cupertino have shown this many times. For six years now residents have been asking for the
Regnart Creek Trail to be built. Making this change goes against what all those residents want
and what the city says are its goals. It’s just not reasonable to make a change to benefit a small
handful of homeowners against what so many wish for.
This access path has been in use since the Lozano and DePalma condominiums were built
almost 20 years ago. When the homeowners bought their homes, they signed an agreement
acknowledging the path location and that it was planned to connect to a trail. There are similar
easements that run between homes elsewhere in Cupertino, so there is no argument this is a
unique case. It’s a bad precedent to take it out now.
Thank you for considering the needs of the many people that use and enjoy this path and will
even more once the Regnart Creek Trail opens by voting NO on March 1.
Sincerely,
Martin J Gothberg
From:Linda vanderhule
To:City Council
Cc:City Clerk
Subject:Please vote no to closing path at Lozano Lane to the Regnart Trail
Date:Thursday, February 24, 2022 2:03:28 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 Councilmembers and Mayor Paul:
Please vote no to closing the path along Lozano Lane that connects to the future Regnart Trail, a change you are
considering on March 1.
Hundreds of residents at Waterfall Condominiums and Biltmore Apartments can use the Lozano Lane path to
connect to the Regnart Trail to get to Eaton Elementary and the Cupertino Library much more safely and easily.
They could also use it to just to enjoy a nice walk or to get to Main Street via Creekside Park. Closing this path
makes the trail less useful to many residents.
The city’s residents want more, not less, connectivity and trails. Surveys done by the City of Cupertino have shown
this many times. For six years now residents have been asking for the Regnart Creek Trail to be built. Making this
change goes against what all those residents want and what the city says are its goals. It’s just not reasonable to
make a change to benefit a small handful of homeowners against what so many wish for.
This access path has been in use since the Lozano and DePalma condominiums were built almost 20 years ago.
When the homeowners bought their homes, they signed an agreement acknowledging the path location and that it
was planned to connect to a trail. There are similar easements that run between homes elsewhere in Cupertino, so
there is no argument this is a unique case. It’s a bad precedent to take it out now.
Thank you for considering the needs of the many people that use and enjoy this path and will even more once the
Regnart Creek Trail opens by voting NO on March 1.
Sincerely,
Linda
From:gary virshup
To:City Council
Cc:City Clerk
Subject:Please vote NO to closing path at Lozano Lane to the Regnart Trail
Date:Thursday, February 24, 2022 1:42:22 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 Councilmembers and Mayor Paul:
Please vote no to closing the path along Lozano Lane that connects to the future Regnart Trail, a change you are
considering on March 1.
Hundreds of residents at Waterfall Condominiums and Biltmore Apartments can use the Lozano Lane path to
connect to the Regnart Trail to get to Eaton Elementary and the Cupertino Library much more safely and easily.
They could also use it to just to enjoy a nice walk or to get to Main Street via Creekside Park. Closing this path
makes the trail less useful to many residents.
The city’s residents want more, not less, connectivity and trails. Surveys done by the City of Cupertino have shown
this many times. For six years now residents have been asking for the Regnart Creek Trail to be built. Making this
change goes against what all those residents want and what the city says are its goals. It’s just not reasonable to
make a change to benefit a small handful of homeowners against what so many wish for.
This access path has been in use since the Lozano and DePalma condominiums were built almost 20 years ago.
When the homeowners bought their homes, they signed an agreement acknowledging the path location and that it
was planned to connect to a trail. There are similar easements that run between homes elsewhere in Cupertino, so
there is no argument this is a unique case. It’s a bad precedent to take it out now.
Thank you for considering the needs of the many people that use and enjoy this path and will even more once the
Regnart Creek Trail opens by voting NO on March 1.
Personally I am aghast that this is even under consideration.
Sincerely,
gary virshup
753 Stendhal Lane
Cupertino, CA 95014
650/799 5774 (cell)
408/255-9954 (home)
From:Stephanie Miller
To:City Council
Cc:City Clerk
Subject:Please vote no to closing path at Lozano Lane to the Regnart Trail
Date:Thursday, February 24, 2022 11:26:38 AM
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 Councilmembers and Mayor Paul:
Please vote no to closing the path along Lozano Lane that connects to the future Regnart Trail,
a change you are considering on March 1.
Hundreds of residents at Waterfall Condominiums and Biltmore Apartments can use the
Lozano Lane path to connect to the Regnart Trail to get to Eaton Elementary and the
Cupertino Library much more safely and easily. They could also use it to just to enjoy a nice
walk or to get to Main Street via Creekside Park. Closing this path makes the trail less useful
to many residents.
The city’s residents want more, not less, connectivity and trails. Surveys done by the City of
Cupertino have shown this many times. For six years now residents have been asking for the
Regnart Creek Trail to be built. Making this change goes against what all those residents want
and what the city says are its goals. It’s just not reasonable to make a change to benefit a small
handful of homeowners against what so many wish for. This project has already frustrated
many of us city residents and taxpayers, knowing that MILLIONS of dollars are being paid for
private fencing for just a few. Don’t make another egregious mistake and limit the trail access
to all residents. What happened to considering the greater good as opposed to the interests of
the few?
This access path has been in use since the Lozano and DePalma condominiums were built
almost 20 years ago. When the homeowners bought their homes, they signed an agreement
acknowledging the path location and that it was planned to connect to a trail. There are similar
easements that run between homes elsewhere in Cupertino, so there is no argument this is a
unique case. It’s a bad precedent to take it out now.
I am often at the library and have been watching in anticipation for this trail to open. It will
add such a lovey path for residents to enjoy and connect around Cupertino.
Thank you for considering the needs of the many people that use and enjoy this path and will
even more once the Regnart Creek Trail opens by voting NO on March 1.
Sincerely,
Stephanie Miller
From:Jaydeep Inamdar
To:City Council
Cc:City Clerk
Subject:Please vote no to closing path at Lozano Lane to the Regnart Trail
Date:Wednesday, February 23, 2022 11:04:11 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 Councilmembers and Mayor Paul:
Please vote no to closing the path along Lozano Lane that connects to the future Regnart Trail,
a change you are considering on March 1.
Hundreds of residents at Waterfall Condominiums and Biltmore Apartments can use the
Lozano Lane path to connect to the Regnart Trail to get to Eaton Elementary and the
Cupertino Library much more safely and easily. They could also use it to just to enjoy a nice
walk or to get to Main Street via Creekside Park. Closing this path makes the trail less useful
to many residents.
The city’s residents want more, not less, connectivity and trails. Surveys done by the City of
Cupertino have shown this many times. For six years now residents have been asking for the
Regnart Creek Trail to be built. Making this change goes against what all those residents want
and what the city says are its goals. It’s just not reasonable to make a change to benefit a small
handful of homeowners against what so many wish for.
This access path has been in use since the Lozano and DePalma condominiums were built
almost 20 years ago. When the homeowners bought their homes, they signed an agreement
acknowledging the path location and that it was planned to connect to a trail. There are similar
easements that run between homes elsewhere in Cupertino, so there is no argument this is a
unique case. It’s a bad precedent to take it out now.
Thank you for considering the needs of the many people that use and enjoy this path and will
even more once the Regnart Creek Trail opens by voting NO on March 1.
Sincerely,
From:Dino Sakkas
To:City Council
Cc:City Clerk
Subject:Lozano Lane to the Regnart Trail Access - Please VOTE NO to keep the access in place!
Date:Wednesday, February 23, 2022 2:07:27 PM
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you recognize the sender and know the content is safe.
Dear City Councilmembers and Mayor Paul:
I am a 30+ year resident of Cupertino and an avid walker and cyclist. I am writing to urge you to VOTE NO on
closing the path along Lozano Lane to the Regnart Creek Trail a change you are considering on March 1st.
As a walker, cyclist, and a parent, I try to stay off busy roads whenever possible because it makes for a more
enjoyable trip with the added benefit of being safer. Shortcuts like the Lozano Lane easement make it easier to
walk or bike during my daily activities by giving more route options that keep me off main roads. Closure of this
path will force me onto Blaney and/or Rodrigues - both busy roads.
As a parent, I encourage other families to allow their children to walk or bike to school. Studies show that the most
common concern of the parents is safety, specifically cars. The city is spending millions of dollars to provide safer
routes to school and drive to zero accidents in response to these concerns. As you know, many of the efforts
include separating the bike lanes when possible or creating dedicated trails like the Regnart Creek Trail. In order to
optimize the benefit to the community of this effort, it is critical to provide multiple options for entrance and exits
from the trails to minimize the time our children spend on busy roadways prior to getting on safe routes.
As a citizen, I like it when I see my neighbors walking and cycling, it creates a sense of community. I would like to
thank everyone in our city government for all the effort and budget put into making our city more pedestrian-
friendly, such as creating separated bike lanes, redesigning intersections for pedestrians, and pedestrian trails. It
would be a shame to reduce access to this excellent infrastructure by giving away the access / easements agreed
upon by the Lozano Lane HOA as a condition for construction of the homes. Not to mention that other home
owners might be encouraged to petition for removal of easements citing this precedent.
It is not apparent that sufficient consideration was given to the impacts of the proposal to close this access point. On
the benefits side there are 8 HOA residents; on the impacts side there are hundreds of people living in the Biltmore
Apartments and surrounding area that would be able to get onto the Regnart Creek Trail sooner. A pedestrian or
student is more likely to be hurt if forced to stay on Rodriguez and or Blaney on the way to school or simply
enjoying an evening walk. Furthermore, a survey in the Parks & Recreation Master Plan indicated that over 80% of
residents wish for more trails and connecting paths in our community. Reducing access to dedicated pedestrian
trails does not seem consistent with the wishes of our community.
Thank you for spending time to consider my perspective on this proposal. I urge you to do the right thing for our
community and VOTE NO on closing the path along Lozano Lane to Regnart Creek Trail on March 1st.
Sincerely,
Dino Sakkas
From:Michael Sharpe
To:City Council
Cc:City Clerk
Subject:Please vote no to closing path at Lozano Lane to the Regnart Trail
Date:Tuesday, February 22, 2022 6:01:28 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 Councilmembers and Mayor Paul:
Please vote no to closing the path along Lozano Lane that connects to the future Regnart Trail,
a change you are considering on March 1.
Hundreds of residents at Waterfall Condominiums and Biltmore Apartments can use the
Lozano Lane path to connect to the Regnart Trail to get to Eaton Elementary and the
Cupertino Library much more safely and easily. They could also use it to just to enjoy a nice
walk or to get to Main Street via Creekside Park. Closing this path makes the trail less useful
to many residents.
The city’s residents want more, not less, connectivity and trails. Surveys done by the City of
Cupertino have shown this many times. For six years now residents have been asking for the
Regnart Creek Trail to be built. Making this change goes against what all those residents want
and what the city says are its goals. It’s just not reasonable to make a change to benefit a small
handful of homeowners against what so many wish for.
This access path has been in use since the Lozano and DePalma condominiums were built
almost 20 years ago. When the homeowners bought their homes, they signed an agreement
acknowledging the path location and that it was planned to connect to a trail. There are similar
easements that run between homes elsewhere in Cupertino, so there is no argument this is a
unique case. It’s a bad precedent to take it out now.
Thank you for considering the needs of the many people that use and enjoy this path and will
even more once the Regnart Creek Trail opens by voting NO on March 1.
Michael Sharpe
Sincerely,
From:John Zhao
To:City Council
Cc:City Clerk
Subject:Please Vote NO to closing path at Lozano Lane to the Regnart Trail
Date:Tuesday, February 22, 2022 4:23:52 PM
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recognize the sender and know the content is safe.
Dear Mayor Paul and City Councilmembers:
I urge you to vote no on gifting the pedestrian path along Lozano Lane connecting
Rodrigues Ave to the Regnart Creek Trail.
Connectivity is key. As somebody who grew up in Biltmore as a child, I know how useful
this pedestrian path could be for residents in Biltmore Apartments and Waterfall
Condominiums. From a connectivity perspective, it simply does not make sense to cut off an
access point to the trail.
The City must be a good steward of public resources. If the City goes through with
donating the land, the Lozano Lane HOA intends to fence off this pathway to restrict access.
First, why does the City want to donate land worth $1 million? What is the purpose of
privatizing public land and restricting access to the public? What are the policies that would
guide this decision? This seems antithetical to the reason for the Regnart Creek Trail, which is
to increase connectivity and encourage people to make better use of our public resources. This
does not seem like good stewardship of City resources.
Let's reframe what "impact" this path may have. The Lazano Lane pedestrian path will
only "impact" 8 houses in the complex. And when I say "impact," I don't even mean that it
would necessarily be negative. With high foot and wheel traffic in this area, there should be
few safety concerns, as there would be many eyes on the street. Please also consider the
epidemic of social isolation in suburbs. From comparing my personal experience of living in
the Cupertino suburbs and in urban settings, I know that simply being in the presence of more
people can help alleviate a sense of social isolation. In the midst of the COVID-19 pandemic, I
think many people could benefit from more social (and distanced) interactions, however minor
they are. Even if there were any negative impacts, I urge City Council to consider the benefit
that increased connectivity will bring to our city.
City Council must be consistent with its logic. Even if there were negative impacts to
Lozano Lane homeowners, what makes this any different than the impact to residents living
along Regnart Creek Trail? If City Council believes that Lozano Lane pedestrian path should
be closed down to reduce impact on neighboring residents, the same reasoning should apply to
Regnart Creek Trail. Clearly, we have already made a policy choice to move forward with
Regnart Creek Trail. Clearly, City Council has already made a decision that values better
connectivity, walkability, and bikeability for the larger population over the potential
discomfort of neighboring residents.
So I urge you to have the courage to be consistent and vote in favor of connectivity and
preserving our commons. Please vote NO to gifting the pedestrian path to Lazano Lane HOA.
Sincerely,
John Zhao
From:Ross Heitkamp
To:City Council
Cc:City Clerk
Subject:Please vote no to closing path at Lozano Lane to the Regnart Trail
Date:Tuesday, February 22, 2022 4:17:52 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 Councilmembers and Mayor Paul:
I am opposed to closing the path along Lozano Lane that connects to the future Regnart Trail,
a change you are considering on March 1. The more access points a trail has reduces the load
on each one. This is public land that should remain open as an important connection.
Additionally, it would be fiscally irresponsible to give up this valuable land at anything below
market rate.
Hundreds of residents at Waterfall Condominiums and Biltmore Apartments can use the
Lozano Lane path to connect to the Regnart Trail to get to Eaton Elementary and the
Cupertino Library much more safely and easily. They could also use it to just to enjoy a nice
walk or to get to Main Street via Creekside Park. Closing this path makes the trail less useful
to many residents.
The city’s residents want more, not less, connectivity and trails. Surveys done by the City of
Cupertino have shown this many times. For six years now residents have been asking for the
Regnart Creek Trail to be built. Making this change goes against what all those residents want
and what the city says are its goals. It’s just not reasonable to make a change to benefit a small
handful of homeowners against what so many wish for.
This access path has been in use since the Lozano and DePalma condominiums were built
almost 20 years ago. When the homeowners bought their homes, they signed an agreement
acknowledging the path location and that it was planned to connect to a trail. There are similar
easements that run between homes elsewhere in Cupertino, so there is no argument this is a
unique case. It’s a bad precedent to take it out now.
Thank you for considering the needs of the many people that use and enjoy this path and will
even more once the Regnart Creek Trail opens by voting NO on March 1.
Sincerely,
-----
Ross Heitkamp
From:Larry Dean
To:City Council
Cc:Larry Dean
Subject:Please do not consider removing the easement right of way between Rodriguez Avenue and DePalma Lane
Date:Tuesday, February 22, 2022 1:39:48 PM
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recognize the sender and know the content is safe.
Dear Mayor Paul and Fellow Council –
Please do not consider and approve the recent proposal to close off the public access and walking
right of way from DePalma Lane to Rodriguez Avenue. It is unnecessary, a significant take away from
residents and sets a very negative precedent to the community. A major goal of the city’s master
plan is to integrate and connect neighborhoods. This proposal does the exact opposite of that.
Why has this proposal come out from “nowhere” and posted to be the last item in the most recent
council agenda? This smacks of pandering and sets a very poor example of reversing the general
plan philosophy and specific/approved projects.
Trails, walkways and access points should be “permeable” - provide a variety of access points and
integrated into the surrounding community. It should not be a “pipe” – that has entry/exit points
only at the beginning and end of the route.
We very well understand certain residents’ security caution regarding this access, but this is
unwarranted. Cupertino has many examples of neighborhood walkways and trails that are adjacent
to residents’ properties. There have been zero safety issues – and that should be used as a basis for
moving forward and not modifying the Regnart Creek Trail plan.
Thank you for doing all that you can to make Cupertino the Bay Area’s beacon for safe walking and
cycling.
Sincerely,
Larry Dean
From:Linda Wegner
To:City Council; City Clerk; Jim Throop
Subject:Don"t close path along Lozano Lane to the Regnart Trail - Vote no on March 1
Date:Sunday, February 20, 2022 4:57:25 PM
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recognize the sender and know the content is safe.
Dear Mayor Paul and Cupertino City Councilmembers,
At the upcoming City Council meeting, you will discuss whether to close the current access
path to the Regnart Creek Trail along Lozano Lane. I ask that you vote NO to closing this path.
City Council has considered the Regnart Trail exhaustively for the past 6 years, with votes
every year. Residents want more walking paths and connectivity in the city, not less and the
Council has reaffirmed this through its formal master plans. Making this change goes against
the wishes of all of the huge number of residents who have spoken for this trail again and
again and the goals of Cupertino. It’s time to get it done as designed and make it as useful as
possible to the maximum number of people.
The many residents at Waterfall Condominiums and Biltmore Apartments can use the Lozano
Lane easement to connect to the trail. It's an important access path for seniors and students
as it would be the most direct and safest way to get to Eaton Elementary or the Cupertino
library. Closing this makes it less useful to them and many others. If a crosswalk is ultimately
needed on Rodrigues, that can be studied and added later.
The residents in the HOA that are asking for this change knew about this path and its
connection to the planned trail when they purchased their homes, and have had a path there
for 20 years. Their needs have been considered by the city, with almost $2 million dedicated in
city funds to address privacy concerns about the trail. Elsewhere in Cupertino there are
easements for paths in use that run between homes—this isn’t unique.
For all these reasons and more, it’s the right thing for Cupertino to vote no on removing this
access path. I ask you to do so at the Council meeting.
Sincerely,
Linda & Glenn Wegner
10200 Hillcrest Rd
Cupertino
From:Sharon Walker
To:City Council; City Clerk; Jim Throop
Subject:Lozano Lane to the Regnart Trail Vote no on closing March 1
Date:Sunday, February 20, 2022 2:30:54 PM
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recognize the sender and know the content is safe.
To Mayor Paul and Cupertino City Council members,
Please vote NO on closing Lozano Lane on March 1.
I am opposed to closing the Lozano Lane access path to the Regnart Creek Trail. It is one of
several strategically located access paths to the Regnart Creek Trail. If we start closing
designated easements we start down a slippery slope of others making the same request for
other easments. The easements were created for reason and the Regnart Creek Trail is one of
the best reasons as it provides a trail for all of Cupertino to enjoy. We walked Lozano Lane
today and feel that it has been there for a long time and we don’t feel the homes near there are
going to be affected anymore now than they were in the past.
Please vote NO at the council meeting on closing the Lozano Lane Trail!
Sincerely,
Sharon Walker
10902 Canyon Vista Dr.
Cupertino, CA 95014
From:Scott Swail
To:City Council; City Clerk; Jim Throop
Subject:Don"t close path along Lozano Lane to the Regnart Trail - Vote no on March 1
Date:Sunday, February 20, 2022 9:11:43 AM
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 Mayor Paul and Cupertino City Councilmembers,
At the upcoming City Council meeting, you will discuss whether to close the current access path to the Regnart
Creek Trail along Lozano Lane. I ask that you vote NO to closing this path.
City Council has considered the Regnart Trail exhaustively for the past 6 years, with votes every year. Residents
want more walking paths and connectivity in the city, not less and the Council has reaffirmed this through its formal
master plans. Making this change goes against the wishes of all of the huge number residents who have spoken for
this trail and the goals of Cupertino. It’s time to get it done as designed and make it as useful as possible to the
maximum number of people.
The many residents at Waterfall Condominiums and Biltmore Apartments can use the Lozano Lane easement to
connect to the trail, as it would be the most direct and safest way for students to get to Eaton Elementary or the very
popular Cupertino library. Closing this makes it less useful to them and many others. If a crosswalk is ultimately
needed on Rodrigues, that can be studied and added later.
The residents in the HOA that are asking for this change knew about this path and its connection to the planned trail
when they purchased their homes, and have had a path there for 20 years. Their needs have been considered by the
city, with almost $2 million dedicated in city funds to address privacy concerns about the trail. Elsewhere in
Cupertino there are easements for paths in use that run between homes—this isn’t unique.
For all these reasons and more, it’s the right thing for Cupertino to vote no on removing this access path. I ask you
to do so at the Council meeting.
Sincerely,
Scott
From:Stuart Yahoo
To:City Council; City Clerk; Jim Throop
Subject:Vote no to closing the access to Regnart Creek Trail at Lozano Lane
Date:Sunday, February 20, 2022 7:45:15 AM
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you recognize the sender and know the content is safe.
Dear Mayor Paul and Cupertino City Councilmembers,
I ask today that you vote NO on closing the Lozano Lane access path to the Regnart Creek Trail. This path should
remain open for the use of ALL Cupertino residents.
This trail opening was agreed upon by the developer in order to build multi dwellings on this property. Please don’t
close this up.
There are hundreds of residents at Waterfall Condominiums and Biltmore Apartments who could use the Lozano
Lane access path to connect to the Regnart Creek trail, including many senior citizens, for whom it would be much
more difficult to walk to the further entrances. It would also be the most direct and safest path for student walking to
Eaton Elementary or the library. Not having it open will reduce the usefulness of the trail needlessly. If a crosswalk
ends up being needed on Rodrigues, that is something that can be studied and added later.
The residents in the HOA that are asking for this change are actually asking the city to gift them approximately $1
million worth of land, even though they signed that they knew about the easement when they purchased their homes
over the past 20 years.
There are a dozen similar easements around the city which are used daily by residents, too—it is not a unique
situation in Cupertino to have a city easement with a walking path on it.
We residents have asked for the Regnart Trail to be built in Council meeting after meeting, year after year. We want
more walking paths and connectivity in the city, not less. This has also been a stated priority for the city in its master
plans. Making this change goes against the wishes of thousands of residents and the goals of the city itself.
Please vote NO on closing the Lozano Lane access path to the Regnart Creek trail.
Sincerely,
Sent from my iPad
From:Sundar Rajan
To:City Council; City Clerk; Jim Throop
Subject:Please vote NO on closing the Lozano Lane access path to Regnart Creek trail
Date:Saturday, February 19, 2022 9:03:42 AM
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Dear Mayor Paul and respected councilmembers,
I am a ten year resident and homeowner in Cupertino, and I am appalled at the possibility of
this closure, and urge you to vote NO on closing the Lozano Lane access path to the Regnart
Creek trail.
Easements are created for important public access reasons, and removing them comes with
large negative consequences to our community. As elected officials, we depend on and expect
from you, actions that will protect, not remove, public benefits.
- There are many similar easements in Cupertino. If you agree to give this land back to the 8
homeowners in the Lozano Lane HOA, you set a dangerous precedent. Why wouldn't the
residents along the other easements ask to have their easements closed too? This would hurt
the quality of life of hundreds of residents who use these easements on a daily basis.
- Thousands of residents will benefit from this access. For hundreds of residents at Waterfall
Condominiums and Biltmore Apartments, the Lozano Lane easement would be the easiest
way to connect to the trail. If a crosswalk is needed on Rodrigues, it will slow down the traffic
on that road.
- It looks like favoritism. Treating this easement differently than all the other easements in
Cupertino gives the impression of an improper sweetheart deal for a handful of residents. Why
are these 8 home owners being given $1 Million worth of Cupertino land 20 years after the
legal creation of the easement, to the detriment of the rest of the tax paying Cupertino
community? Each of these homeowners knew about the existence of the easement when they
bought their property.
- One of the city’s core priorities is greater connectivity among neighborhoods and residents.
Preserving and increasing, NOT decreasing, the entry points to Regnart Trail allows for
increased walking and biking along Regnart Trail with neighbors meeting neighbors and
forming friendships. Per the Parks & Recreation Master Plan, over 80% of residents wish for
more trails and connecting paths in our community.
Please vote NO on closing the Lozano Lane access path to the Regnart Creek trail.
Thanks,
Sundar Rajan
10834 E Estates Dr, Cupertino, Ca 95014