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100:00:03.970 --> 00:00:07.080Community Hall: Okay, Mayor, we are ready.
200:00:08.960 --> 00:00:17.480
Community Hall: Good evening, it is 532. Welcome to the March 3rd, 2026 special meeting of the Cupertino
City Council. I call this meeting to order.
300:00:17.770 --> 00:00:19.999Community Hall: Madam City Clerk, will you please call the roll?
400:00:20.430 --> 00:00:21.600
Community Hall: Councilmember Fruen?
500:00:22.170 --> 00:00:26.270Community Hall: Here. Councilmember Mohan? Here. Councilmember Wong?
600:00:26.670 --> 00:00:27.370R "Ray" Wang, Councilmember: Fair.
7
00:00:28.410 --> 00:00:29.700Community Hall: Vice Mayor Chao?
800:00:31.320 --> 00:00:45.670Community Hall: Here. Mayor Moore? Here. And, Mayor, Vice Mayor, and Councilmembers, as a reminder, Councilmember Wong is participating remotely this evening. Councilmember Wong, are you in the lobby of
the Boca Raton Resorts in Boca Raton, Florida this evening?
900:00:46.080 --> 00:00:47.189R "Ray" Wang, Councilmember: Yes, I am.
1000:00:47.400 --> 00:00:56.590Community Hall: Thank you. And Councilmember Wong, are there any individuals over the age of 18 with
you, and has anyone indicated to you that they intend to make public comment or address the Council?
1100:00:57.090 --> 00:00:58.770R "Ray" Wang, Councilmember: No one so far to date.
1200:00:58.880 --> 00:01:05.500Community Hall: Okay, thank you. I'll rely on you to notify me if any member of the public does wish to
speak from your location.
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00:01:06.250 --> 00:01:07.470Community Hall: Thank you so much.
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Community Hall: Alright, thank you, Madam City Clerk.
1500:01:10.730 --> 00:01:19.800Community Hall: Our first item is the Action Calendar, Item 1, and the subject is the Parkland ballot measure. Madam City Manager, do we have a staff report?
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Community Hall: Thank you, Mayor. So this item follows the study session that was held in January
regarding potential parkland protections and rezoning considerations, where Council directed staff to return
with additional information.
1700:01:34.120 --> 00:01:45.700Community Hall: Related to mapping, zoning, consistency, legal protections under state law, and the logistical and fiscal considerations associated with placing a measure on the ballot for November 2026.
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Community Hall: And tonight's staff report summarizes that information, outlines the considerations for Council as you determine whether to move forward with the development of a Parkland ballot measure. We do not have a presentation, but we have a short verbal update from Jonathan Orozco, Acting Director of Admin Services for this item, and I will turn it over to Jonathan.
1900:02:05.890 --> 00:02:09.800
Community Hall: Thank you, Tina. Good evening, Honorable Mayor Moore, members.
2000:02:09.990 --> 00:02:15.300Community Hall: As outlined in the staff report, this item responds to Council's direction from the January study session.
2100:02:15.520 --> 00:02:32.040
Community Hall: The staff report provides an overview of the current mapping and zoning framework,
summarizes existing state law protections for parkland, and outlines the election timing and estimated fiscal
considerations should Council wish to pursue a measure for the November 2026 ballot.
2200:02:32.430 --> 00:02:35.420Community Hall: Rather than walking through each section in detail this evening.
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Community Hall: I encourage you to reference the staff report for the full legal and logistical… analysis.
2400:02:41.950 --> 00:02:52.740Community Hall: Ultimately, tonight's discussion is intended to help Council determine whether to direct staff
to proceed with the development of a ballot measure, or take no further action at this time.
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Community Hall: This concludes my presentation, and staff is available to respond to many questions. Okay, thank you. We've allocated a brief amount of time for this agenda item. I'll be opening it up first for public comments. Madam City Clerk, do we have any speakers on this item?
2600:03:09.340 --> 00:03:18.519
Community Hall: Yes. Yes, Mayor, we have, at this current time, we have two requests to… sorry, 3 requests
to speak in person on this item.
2700:03:18.710 --> 00:03:21.589Community Hall: And I'm seeing one hand raised virtually.
2800:03:21.760 --> 00:03:39.209
Community Hall: So just a reminder, members of the public wishing to speak regarding an item shall submit
a request to speak card or raise their hand virtually within 9 minutes of the start of public comments, or
before the public comment period is closed, whichever comes first. We'll move into, community hall,
speakers. First, we have Jennifer Griffin.
2900:03:39.210 --> 00:03:43.940Community Hall: Followed by Jean Bedoured, followed by Peggy Griffin. Welcome, Jennifer.
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Community Hall: And can video allocate 90 seconds per speaker on this item due to the 15 minutes we have
allocated towards it? Yes. Okay, thank you.
3100:03:55.240 --> 00:04:04.020Community Hall: Don't start my time. Okay, is this on? It's on, yes. Okay, sorry. I will speak really, really quickly.
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Community Hall: This item is extremely important,
3300:04:07.930 --> 00:04:12.849Community Hall: I have multiple Zooms that I participate in this week.
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Community Hall: That are all over the state, and they pertain to housing issues.
3500:04:18.360 --> 00:04:36.389Community Hall: state laws with housing, and we have people from San Diego up to Shasta, Humboldt, etc. And I have heard ruminations about issues, so I was… about parkland, so I was not surprised when this item showed up in January.
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Community Hall: I… and if you all weren't familiar, Post, one of the, big, non-profits that purchased land, bought, I think, this… I don't know if it was a Sargent Ranch, but they just bought a huge piece of property.
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Community Hall: that is going to be a gateway between San Jose and Santa Cruz. We want this to continue.
We need more breathing room. And I have seen so many threats
3800:05:03.480 --> 00:05:11.509Community Hall: to… parkland that we have. The developer… I'm sorry, I'm not going to blame the developers, but the Wienerbells.
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Community Hall: all of them are trying to not have parkland, and I think that that is a really, really bad plan.
4000:05:18.940 --> 00:05:25.820Community Hall: And we need to make sure that everything that we have in this city that is going to be a park is locked down.
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Community Hall: Also, I'm concerned about
4200:05:28.730 --> 00:05:38.450Community Hall: Cali Mill, Franco, and the Main Street property. We don't own them, but they could be bolt-on. Thank you. Thank you, Jennifer. Next, we have Jean Bedard.
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Community Hall: Welcome, Jean.
4400:05:43.340 --> 00:05:48.470Community Hall: Good evening. My name is Jean Bedoured, and I am a Cupertino resident.
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Community Hall: I am speaking tonight to urge you to vote no.
4600:05:52.380 --> 00:05:58.980Community Hall: on this ballot measure. It would be a waste of taxpayer money to move forward on this item.
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Community Hall: Our parklands are already protected by state laws.
4800:06:03.300 --> 00:06:17.139Community Hall: The city does not need to provide an additional level of… to provide an additional level of questionable protection, particularly when this ballot measure would cost over $300,000
4900:06:17.240 --> 00:06:20.230Community Hall: With no immediate benefit to our residents.
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Community Hall: While I agree with the public comment urging zoning modifications for some of our
parkland.
5100:06:28.570 --> 00:06:33.470Community Hall: This can be done with a separate zoning cleanup in the future.
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Community Hall: There's no need whatsoever to move forward with a very expensive ballot measure.
5300:06:40.030 --> 00:06:46.089Community Hall: This council has two priorities. The first is funding for our public safety officers.
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Community Hall: The second is the no net loss noncompliance, the next agenda item.
5500:06:52.010 --> 00:06:56.650Community Hall: This funding is much higher priority than this ballot measure.
5600:06:57.400 --> 00:07:11.729
Community Hall: I urge Council to be fiscally responsible and vote no on this item. Don't waste residents'
money on this ballot measure. It makes no sense in this fiscally challenged time. Thank you.
5700:07:13.440 --> 00:07:14.700Community Hall: Thank you, Jean.
5800:07:15.620 --> 00:07:17.969
Community Hall: Next, we have, Peggy Griffin?
59
00:07:18.240 --> 00:07:19.460Community Hall: Welcome, Peggy.
6000:07:21.610 --> 00:07:24.620Community Hall: Hi, can I use the overhead?
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Community Hall: Yes.
6200:07:27.140 --> 00:07:30.009
Community Hall: Okay. Good evening.
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Community Hall: Council, staff, I'm in favor of doing this,
6400:07:35.360 --> 00:07:46.660Community Hall: definitely for everything parkland, I'm not sure about the facilities. I would prefer facilities included, but that could get a little dicey.
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Community Hall: First, I'd like this cleanup.
6600:07:50.000 --> 00:07:51.230Community Hall: If you could show.
67
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Community Hall: Okay, this is Creekside Park, and it used to be Creekside Elementary, and so it still has
residual elementary school zoning and land use, so that needs to be fixed. Oh, sorry, Peggy, it's really frozen, or sorry, blurry, so we're going to pause your time for a second.
6800:08:30.640 --> 00:08:33.160Community Hall: I'm not getting refocused on it? Sorry.
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Community Hall: I'm sorry, I'm not sure why it's out of Zoom, out of focus.
7000:08:53.880 --> 00:08:58.340Community Hall: Never seen that as well, so… Someday.
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Community Hall: I think that's how you do it, I think it just taps the screen. There. Okay. They'll need it later
anyway. Creekside Park, cleanup. Franco Park, cleanup.
7200:09:13.680 --> 00:09:18.980Community Hall: Library field, Break it up into two parcels?
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Community Hall: change it to PR, both the land use and the zoning. Also, remember that we have Torrey
Avenue. It's not even zoned right as a city facility that needs to be fixed, and if you can, include facilities and parks. Thank you.
7400:09:38.420 --> 00:09:39.860Community Hall: Thank you, Peggy.
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Community Hall: Next, Mayor, we will move to the request to speak virtually.
7600:09:44.890 --> 00:09:49.069Community Hall: I see one hand raised, welcome, Sam.
77
00:09:51.720 --> 00:09:57.379San Rao: Good evening, Mayor Moore, Councilmembers. I'm a Planning Commissioner speaking on behalf of myself only. I urge you to
7800:09:57.580 --> 00:10:09.319San Rao: vote for the parkland ballot measure. I further urge you to expand the parkland ballot measure to
term it as parkland and recreational facilities at a minimum.
7900:10:09.320 --> 00:10:27.039San Rao: or to go even further and term it a sparkland, recreational, and city facilities. At a minimum, it must include the Cupertino Sports Center and the Blackberry Farm Golf Course. We've already seen what transpired with the Cupertino Sports Center in 2023, if not for the votes of,
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San Rao: Our current mayor, Katie Moore, our last year's mayor, Liang Chao, and our prior late Mayor, Heng
Wei, that Coppertino Sports Center would have been gone by now. So I urge you to please include the
Sports Center. I urge you to also make sure that the ballot measure is…
8100:10:42.380 --> 00:10:50.839San Rao: worded to require a vote of not just two-thirds of council, but also two-thirds of residents. So let's have a dual safeguard
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San Rao: for this, this is an extremely important thing. Finally, for all of those saying that there are state laws, we're seeing how well the state laws work in favor of residents when we're trying to vacate a public right-of-way. If the city wants to do something, it will happen, and therefore, let's not leave it to a 3-2 majority. Please change the
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San Rao: Majority to two-thirds, please change it to require a vote, and follow the footsteps of Milpeters and,
I believe it's Santa Clara or another city there, but thank you for acting on this today.
8400:11:22.640 --> 00:11:23.529Community Hall: Thank you, San.
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Community Hall: Mayor, that concludes the request to speak on this item.
8600:11:29.280 --> 00:11:31.840Community Hall: Right, thank you very much.
8700:11:33.300 --> 00:11:39.700Community Hall: Bringing it back to Council, I'd kind of like to take a straw poll to get a sense for
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Community Hall: because of the length of time that we have is so brief, that if we have, general support
towards this, potential ballot measure, amongst the council members at this time,
8900:11:54.940 --> 00:12:03.439Community Hall: So, would the council members please, indicate if you are in support of this at this time, and then we can,
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Community Hall: Have some further deliberations and questions about it.
9100:12:08.680 --> 00:12:10.530Community Hall: So I'm in favor of it.
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Community Hall: Vice Mayor.
9300:12:16.100 --> 00:12:31.700Community Hall: I think the state law does provide some protection, but the protection is limited a lot of times by the council majority, and as the example we have seen in Mary Avenue, even when there is a strong
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Community Hall: resistance from the community. But if there is a council majority to support
9500:12:38.300 --> 00:12:45.570Community Hall: vacate of, city property, or even, sale of land, it could still happen.
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Community Hall: So, I think it makes sense.
9700:12:48.450 --> 00:12:58.889Community Hall: If we can… provides stronger, maybe, like, support, just to make sure any such change is really…
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Community Hall: have stronger support by the Council.
9900:13:02.950 --> 00:13:05.960Community Hall: Okay, thank you.
10000:13:06.180 --> 00:13:08.200Community Hall: Councilmember Fruen?
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Community Hall: So, under current state law, any member of the public could trigger, via objection the
requirement of an election, so I think it's a very different process from the Surplus Land Act declarations or the vacation of a public right-of-way. I am concerned about the amount of cost, given our budget outlook looks like.
10200:13:29.330 --> 00:13:38.100Community Hall: At a minimum, if we do proceed with this, given that I expect that it would be rather
popular just as a general concept.
10300:13:38.200 --> 00:13:43.289Community Hall: I don't know that we need to proceed with things like polling.
10400:13:43.560 --> 00:13:45.510Community Hall: That seems like a waste of money.
105
00:13:45.840 --> 00:13:51.870Community Hall: So to the extent that we can constrain the cost of it, I think that's valuable.
10600:13:52.180 --> 00:13:59.049Community Hall: And to look at whether we could have a new SUI generis
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Community Hall: Zoning designation for recreational facilities that would also then
10800:14:05.240 --> 00:14:08.120Community Hall: Allow us to adopt the same framework.
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Community Hall: like I said, I am… I have some trepidation about the cost, just given where we are, and I
think that we could also solve that with a rezoning.
11000:14:19.070 --> 00:14:21.260Community Hall: Thank you. Councilmember Mohan.
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Community Hall: Yeah.
11200:14:24.330 --> 00:14:25.430Community Hall: Thank you, Mayor.
11300:14:26.070 --> 00:14:38.659Community Hall: while I would oppose any conversion of parkland to any other use in concept, I think in this case there are enough guardrails to make sure that this process
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Community Hall: It's difficult to do, if not impossible.
11500:14:42.740 --> 00:14:49.790Community Hall: My other consideration is… Yours was, like, a two-part question. Are you,
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Community Hall: Do you support this? At this time? And I say, in general, I do support it, but not at this
time. I don't see any imminent threat of any conversion. I don't see any issue related to this sort of percolating.
11700:15:05.760 --> 00:15:17.150Community Hall: And, I don't think this is the right time, because as the staff report indicates, it costs about $350,000 to, get this right, to get… put it on the ballot, and so on.
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00:15:17.330 --> 00:15:22.340Community Hall: So I'm not sure there's any urgency in doing this at this time.
11900:15:23.370 --> 00:15:25.889Community Hall: All right, thank you. Councilmember Wong.
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R "Ray" Wang, Councilmember: I would only support this measure if we included the facilities. Now is the time to do something. It's not the time to waste
12100:15:35.820 --> 00:15:50.259R "Ray" Wang, Councilmember: We shouldn't wait till another point in time to try to save land, parkland. This is, like, the same issue we had when we had retail. Not saving retail in advance has been a detriment to
our sales tax revenue. Not saving this parkland is a detriment to our future quality of life.
12200:15:50.260 --> 00:16:02.599R "Ray" Wang, Councilmember: as land becomes more scarce, we've got to take the foresight and have the foresight to protect those lands and protect that quality of life for our residents. So, if you include the facilities in there, you'll have my support.
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Community Hall: Okay, thank you. So, it looks like we have…
12400:16:12.610 --> 00:16:25.230Community Hall: three council members who are generally in support of it. We have a… a fourth that want…
is insisting that facilities be included, and then,
125
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Community Hall: our fifth council member is not quite ready at this time. Would that be an adequate summation?
12600:16:35.930 --> 00:16:41.010Community Hall: Councilmember Foon? So that… that sounds like a reasonable…
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Community Hall: summation, I would just say one way or the other that,
12800:16:45.150 --> 00:16:56.329Community Hall: You know, correcting the zoning seems like it would be a good thing to do, even if we weren't to proceed, and that that would be a mechanism by which a number of sites could enjoy state law
protections.
129
00:16:56.460 --> 00:16:59.569Community Hall: That our regular parklands currently enjoy.
13000:16:59.790 --> 00:17:02.530Community Hall: Thank you, I agree.
131
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Community Hall: Madam City Attorney, how can we move that, the zoning corrections item, onto our agenda?
13200:17:11.030 --> 00:17:17.900Community Hall: I think you could direct staff to bring something back on that front. Okay, so that… I
believe that is our direction.
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00:17:18.200 --> 00:17:20.660R "Ray" Wang, Councilmember: Yeah.
13400:17:21.170 --> 00:17:22.490R "Ray" Wang, Councilmember: Through the mayor?
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Community Hall: Yes.
13600:17:24.790 --> 00:17:26.250Community Hall: Councilmember Wang?
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R "Ray" Wang, Councilmember: Through the Mayor, are we not… are we rescinding the idea of a ballot
measure here?
13800:17:31.740 --> 00:17:40.430Community Hall: No, no, we're beginning with, we, we, would like to have the zoning corrections made,
because, if you look at
13900:17:40.430 --> 00:17:57.340Community Hall: all of the parkland sites throughout the city. You'll see that some, like the Monta Vista Rec Center, it includes the structures as well as the parkland around it. When you get over to Creekside Park, that one's a little bit unusual, whereas only part of
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Community Hall: the whole complex is, designated parkland only. The building's not included in it, so we
have some inconsistencies about that. So this would be a way that we can correct that, and that our… all of
our facilities are… are using the same, consistent, zoning.
14100:18:17.380 --> 00:18:19.400Community Hall: Councilmember…
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R "Ray" Wang, Councilmember: So to be clear, we're cleaning up the designations, we're also proposing a
ballot measure at some point in time. Is there a deadline as to when we have to propose this ballot measure?
14300:18:30.900 --> 00:18:34.259Community Hall: Yes. Would staff care to answer that?
144
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Community Hall: Yeah, so at this time, we would pursue, the, the consultant to, to providing more definite deadlines, and so as,
14500:18:46.230 --> 00:19:05.430Community Hall: there's a handful in June and in July that we would have to return to Council to refine some
of those in August and refine the language in the ballot, before it, before it's sent to the county for, for that,
for their approval. But before then, there will be, several check-in points
14600:19:05.430 --> 00:19:09.030Community Hall: To develop that language, have council buy-in.
14700:19:09.110 --> 00:19:23.369
Community Hall: And then also, to your point, Councilmember Fruen, we can refine what the consultant will
be performing, whether not to pursue polling, and just move into community outreach.
14800:19:24.480 --> 00:19:38.980Community Hall: Right, and for instance, if you… if you would like to do some research, Measure K2016 from
Milpitas was very simply written, which I think makes it a lot easier for people at the polls.
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Community Hall: They had a very simply written Parkland ballot measure, and it passed… it was, like, 85%, is that correct?
15000:19:49.570 --> 00:20:02.690Community Hall: It was very successful. 85. Yeah, so I agree, and I really appreciate the idea to, reduce the
polling on this one and try to have cost-saving measures. I think that's really smart. Vice Mayor?
151
00:20:03.750 --> 00:20:04.550Community Hall: Yeah.
15200:20:04.680 --> 00:20:10.649Community Hall: So, the total cost estimate is $300,000, and if we…
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Community Hall: on… don't need to do the polling? How much will be the… what's the cost just to put it on the ballot?
15400:20:20.800 --> 00:20:22.240Community Hall: I think it was…
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Community Hall: The county cost is estimated at $150. Yeah. So that's the… essentially the floor. The consultant, depending on how much, outreach we want to perform, obviously the height or the ceiling there would be,
15600:20:39.700 --> 00:20:48.929
Community Hall: up to $200,000, but I don't see if we want to forego pulling, which is the more costly bit, or
the, the,
15700:20:49.370 --> 00:21:01.890Community Hall: the outreach, if we're going to be sending out postcards and whatnot, the postage is quite expensive. So, if we can limit, what outreach we perform and how we perform that, we can drastically decrease the cost.
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Community Hall: Okay. In addition, maybe I could just add that the parkland measure is much more
straightforward from a legal perspective as well, as opposed to a revenue ordinance. I mean, a revenue measure of some kind, so I think whatever our estimate was on the legal fees, it would be substantially lower.
15900:21:20.750 --> 00:21:32.630Community Hall: Yeah, and I would like to say that from… having participated in Citi, Council thing since
2015.
16000:21:33.370 --> 00:21:37.159Community Hall: Then we realized that whenever the…
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Community Hall: It's… every time it feels like the council is not going to do anything right away, but by the
time the community finds out, there is going to be something happening
16200:21:49.740 --> 00:21:57.059Community Hall: it's always… almost always too late. So, the argument that there is not an imminent threat.
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Community Hall: Well, as long as it's possible, then there… there could, by the time we find out, the
community doesn't have
16400:22:08.910 --> 00:22:21.309Community Hall: enough voice that's represented by the council is often too late. And the five council members, every election, every two years, it changes. So, does it…
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Community Hall: always represent the entire community. It's hard to say.
16600:22:25.850 --> 00:22:36.300Community Hall: At any point of time. So, I do support that. We want to be sure the voice of the vouchers, always have
167
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Community Hall: A control on the land, the permanent property the city owns.
16800:22:42.460 --> 00:22:44.859Community Hall: And, the cost?
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Community Hall: In the long term, it's not really that much.
17000:22:49.690 --> 00:22:58.899Community Hall: Okay, thank you. So, within the staff report, if Council elects to proceed, staff will return with a recommended scope of work for consultant services.
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Community Hall: a proposed budget appropriation, a detailed work plan and timeline, outlining polling, so we
are considering not having the polling, so that would be within that. Outreach, ballot language development, and required council actions, along with, I'd like some language regarding if we were to include facilities, and if that
172
00:23:21.740 --> 00:23:24.439Community Hall: Would cause,
173
00:23:24.440 --> 00:23:33.299
Community Hall: the ballot measure to not pass if it's written. You need to see how it's written and if it
causes any, issues with that.
17400:23:34.750 --> 00:23:38.620Community Hall: So, that seems pretty clear. Councilmember Mohan?
175
00:23:39.650 --> 00:23:54.059
Community Hall: I wanted to repeat, Mayor, that there doesn't seem to be any urgency to do this. Why do
we have to put it on the ballot measure this November, in anticipation of, sort of, problems that may come
up?
17600:23:54.890 --> 00:23:59.380Community Hall: We, we have enough challenges as… as it is.
177
00:23:59.570 --> 00:24:06.609
Community Hall: And we have a budget problem, and it's not just the budget, it's staff time and everyone
else's time. We have
17800:24:06.730 --> 00:24:14.290Community Hall: Several things that we need to resolve this fiscal year, and to put something like this
179
00:24:14.550 --> 00:24:27.319
Community Hall: While I'm not opposed to, like I said, converting… not converting parkland to any other
use, there just doesn't seem to be any urgency to do this this year.
18000:24:28.890 --> 00:24:36.060Community Hall: All right, Anne, thank you, and for me, it's really the reign of state laws that we've had in the
181
00:24:36.110 --> 00:24:53.729
Community Hall: We have had so many things changed in the past few years that I do think that we do need to rely on our own local rules as much as possible. So this will help address that. So we're coming in a little bit behind on this item.
18200:24:54.170 --> 00:24:58.120Community Hall: Should we have a vote on our direction?
183
00:24:59.220 --> 00:25:00.439R "Ray" Wang, Councilmember: Through the Mayor, real quick.
184
00:25:00.440 --> 00:25:02.380
Community Hall: Yes, Councilmember Wong?
18500:25:02.970 --> 00:25:18.050R "Ray" Wang, Councilmember: I just want to point out that it's really important for us to put something like
this on the ballot now, in advance. It's forethought. We had a situation where we almost lost the Cupertino
Sports Center, and I remember Councilmember Mohan helping to save that.
18600:25:18.050 --> 00:25:37.060R "Ray" Wang, Councilmember: And I think it's… these things can happen at any point in time, so it's very important that we do put this on the ballot measure, even if it doesn't seem like it's imminent or at this point, because $150,000 to $300,000 versus losing valuable parkland we can never purchase again in the millions of dollars per acre is a very small investment.
187
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Community Hall: Okay, thank you. Vice Mayor?
18800:25:40.240 --> 00:25:57.070Community Hall: Yeah, I think this should have been probably included in the staff report, presentation, but I'm quoting from the staff report. Both Milpitas and the Santa Clara now requires a two-third vote of the
electoral rate.
189
00:25:57.530 --> 00:26:16.959Community Hall: to permit the transition of parkland within their city to non-park uses. Moreover, neither process requires an initial public protest to an already formulated City Council action, which is also a requirement under the current state law.
190
00:26:16.960 --> 00:26:22.250
Community Hall: So, the so-called guardrail that currently exists in the state law
19100:26:22.270 --> 00:26:30.520Community Hall: does allow a public member to protest, if a council decides to transition the parkland.
19200:26:30.550 --> 00:26:39.219
Community Hall: But… so that this major will be put on the ballot. However, once it's put on the ballot, it
only requires a simple majority.
19300:26:39.220 --> 00:26:58.070Community Hall: And if we model this after Milpitas, such transition of land would require two-thirds majority of the electorate, not just the council. So it really gives the power to the electorate, and it does not require a public protest in order to put it on the ballot.
194
00:26:58.290 --> 00:27:06.129
Community Hall: So, and then this makes this entire process more transparent, and so that we really have
public engagement.
195
00:27:06.210 --> 00:27:22.369
Community Hall: Thank you. Thank you, Councilmember Fruen. Yeah, just for the record, since there seems to be some confusion, both in the public and on Council, that when the matter of the Sports center came to Council, the vote to exclude the Sports center and any sort of move on it was unanimous.
196
00:27:23.460 --> 00:27:30.739
Community Hall: All right, thank you. And I believe that concludes item 1, and that staff has adequate
direction from the Council. All right?
19700:27:30.760 --> 00:27:44.679Community Hall: Yes, Mayor. Okay, thank you. So next, we move on to our study session. Item 2, it's with regards to options related to the no net loss law, SB166. Madam City Manager, do we have a staff report?
198
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Community Hall: Thank you, Mayor. We do have a staff report, and we also have a presentation. So this item focuses on the issue of no net loss related to the city's recent housing element update, and
19900:27:55.290 --> 00:28:09.410Community Hall: Staff also issued an info memo about a month ago on this topic, and tonight's discussion is a follow-up on that. I will now turn it over to Ben Fu, Director of Community Development, and Luke
Connolly, Assistant Director of Community Development, to provide the presentation.
20000:28:11.230 --> 00:28:17.229Community Hall: Okay, thank you, City Manager, and good evening, Mayor and Council Members. I'll try to…
20100:28:17.660 --> 00:28:29.040Community Hall: jump into this. I'm not sure if my screen is showing up yet, but in any event, we do have a
kind of brief, high-overview presentation of the topic.
20200:28:29.360 --> 00:28:34.450Community Hall: I don't know, I'm assuming this should be up on the screen, it doesn't appear to be.
20300:28:36.440 --> 00:28:38.399Community Hall: Okay, there we go, thank you.
204
00:28:38.730 --> 00:28:50.339Community Hall: So, the topic tonight, we've got the familiar housing element logo back before you, which you've seen a lot of, but tonight, specifically, we're talking about the issue of no net loss, which we'll get into in more detail, but…
20500:28:50.460 --> 00:28:54.339
Community Hall: What that essentially refers to is a situation where
20600:28:54.520 --> 00:29:04.819Community Hall: your housing element capacity is no longer adequate for each income category. So, with that, we can now get into this.
20700:29:05.960 --> 00:29:15.680Community Hall: Tonight, I want to provide a little bit of background on the housing element. I'm sure many people here are familiar with it, so we can go over that fairly quickly, but I think it's important to touch on that again.
208
00:29:16.190 --> 00:29:29.989Community Hall: And the no net loss issue in particular related to the housing element, we're really talking about housing sites and density. It's more of a numbers exercise than an affordability exercise. It's not something that's really dealing with strategies or policy.
20900:29:30.590 --> 00:29:37.420
Community Hall: We'll then go over an overview of no net loss itself, what it's intended to do, how long it's
been around.
21000:29:37.680 --> 00:29:43.679Community Hall: And some strategies for the city to correct this situation that we're now in with no net loss.
21100:29:43.920 --> 00:29:51.389
Community Hall: And we can then end on somewhat related strategies, is some budget considerations going
forward to address the issue.
21200:29:53.870 --> 00:29:56.370Community Hall: Okay, so some background on the housing element.
21300:29:56.500 --> 00:30:15.599
Community Hall: go through this, but what this timeline shows, really, is we spent a lot of work in about 3
years going through the 6th cycle housing element update, as many of you know. Began in late 2021. The
first 8 months of 2022, we had a number of public meetings.
21400:30:15.930 --> 00:30:23.810Community Hall: before the City Planning Commission, Housing Commission, and the City Council, which resulted in the identification of sites by the end of August.
215
00:30:24.090 --> 00:30:29.100
Community Hall: We then spent, February 2023, we submitted our first draft.
21600:30:29.780 --> 00:30:33.930Community Hall: to HCD, which is the State Oversight Agency for Housing Law.
217
00:30:34.350 --> 00:30:45.829
Community Hall: And spent much of 2023 and the first part of 2024 completing our housing element. I think
it was the first week of April.
21800:30:46.090 --> 00:31:01.219
Community Hall: we received notice from HCD that our housing element was adequate under state law once
we completed the necessary upzoning, creating the housing capacity necessary to meet our RENA. And that's kind of the focus of what we're talking about tonight.
219
00:31:01.570 --> 00:31:05.469
Community Hall: May of 2024, the City Council adopted the housing element.
22000:31:05.580 --> 00:31:16.779Community Hall: In July, the upzoning was completed, and the first week of September, we received notice from the Housing and Community Development Department that our housing element was in compliance with state law.
221
00:31:16.960 --> 00:31:19.339
Community Hall: So, when we're talking tonight about what
22200:31:19.870 --> 00:31:28.009Community Hall: the housing sites and capacity look like. It's kind of that date and time in September that we start from, is when our housing element was certified.
223
00:31:30.280 --> 00:31:35.949
Community Hall: The top data's wrong there, it should be 2023 to 2031, but in any event.
22400:31:36.220 --> 00:31:50.699Community Hall: What we ended up with on our approved housing element is we have 58 individual properties that made up our housing site's inventory. Many of those were adjacent to each other, so it came out to more like 35, 36 actual development sites.
225
00:31:50.970 --> 00:31:56.319
Community Hall: This was a huge increase over the previous housing cycle that Cupertino had gone through.
22600:31:56.530 --> 00:31:59.990Community Hall: Specifically because our Reno was over 4 times as high.
227
00:32:00.840 --> 00:32:10.980
Community Hall: The second bullet on this slide, I think, shows where things really departed, is Cupertino,
like much of Santa Clara County, had had a much more suburban character.
22800:32:11.290 --> 00:32:15.120Community Hall: With this housing element cycle to meet the large arena we had.
229
00:32:15.250 --> 00:32:27.100
Community Hall: Nearly 70%, or 40 of the 58 properties, had a minimum density of 50 units per acre. So, a
significant increase over what you typically think of in a suburban community.
23000:32:27.730 --> 00:32:34.029
Community Hall: 15 of the other sites were in the 20 to 35 range, which was really targeting townhome
density.
23100:32:34.190 --> 00:32:36.670Community Hall: And by far, townhome has been.
232
00:32:36.890 --> 00:32:43.069Community Hall: The housing type of preference, and really almost exclusively what we're seeing activity in in this city.
23300:32:43.590 --> 00:32:52.500Community Hall: So that really leaves, of the 58 sites, only 3 were still at a suburban type of density and
were smaller sites, so this was a big change for the city.
23400:32:52.730 --> 00:32:55.170Community Hall: As it was with others in the Bay Area.
23500:32:56.050 --> 00:33:07.900Community Hall: The last bullet is something I don't think we spent a lot of time going through on the
housing element, but the sites were fairly equally divided between mixed-use sites, where you could have
commercial development along with housing.
23600:33:08.100 --> 00:33:12.169Community Hall: And a little over half were residential-only sites.
23700:33:12.620 --> 00:33:17.769
Community Hall: And the reason I want to point this out is, in HCD's determination.
23800:33:17.920 --> 00:33:31.889Community Hall: Mixed-use sites were assumed to be built out at 75% of their maximum capacity, whereas 100% residential sites were assumed to build out at 95%. So this assumption was
23900:33:32.670 --> 00:33:40.860
Community Hall: If you had a site zoned R3 or R4, it's probably going to build out to the maximum allowed.
Now, that doesn't factor in a density bonus, but…
24000:33:41.300 --> 00:33:45.400Community Hall: Those were the divisions that went into determining
24100:33:45.800 --> 00:33:57.549
Community Hall: what would be anticipated to build out, and I think it's important to note in the housing
element, a lot of this is best guess and estimating, so… but that was a factor in determining
24200:33:57.760 --> 00:34:01.210Community Hall: What, what unit count we would think we would get on each site.
24300:34:02.850 --> 00:34:10.150Community Hall: Okay, to now touch on the site's inventory, this is probably the most familiar slide to anybody who's sat through. The housing element meetings.
244
00:34:10.679 --> 00:34:17.699
Community Hall: And essentially, that total number at the bottom is the arena that was assigned to the city of Cupertino.
24500:34:17.969 --> 00:34:24.620Community Hall: 4,588 units. Again, it was over 4 times the increase we went through in the previous housing cycle.
246
00:34:25.010 --> 00:34:29.279Community Hall: I think that number really caught a lot of people's attention, and rightfully so.
24700:34:29.489 --> 00:34:37.179Community Hall: But also the other thing to note, Cupertino, like most of the developed parts of the Bay Area.
248
00:34:37.520 --> 00:34:46.170Community Hall: Over 57% of the units identified were in affordable categories, either very low, low, or moderate income.
24900:34:46.590 --> 00:34:54.010Community Hall: And the important thing to note about that is most communities have BMR requirements
that max out at around 20%.
25000:34:54.350 --> 00:35:03.690Community Hall: Cupertino is in that category as well. For ownership units, you have 20% moderate income requirement. For rental, it's 5% less at 15%.
25100:35:04.350 --> 00:35:10.909
Community Hall: So this becomes kind of one of the… the key tensions, and the total num… total number of
units is really…
25200:35:11.560 --> 00:35:13.940Community Hall: How do you reach the affordability goals?
25300:35:14.210 --> 00:35:19.580
Community Hall: when your BMR can't come anywhere near what your arena is requiring.
25400:35:20.610 --> 00:35:34.890Community Hall: The note below is something we also talked a lot about going through the housing element update of the idea of having a buffer or a percentage in addition to those units. This was not required by
HCD. It is strongly recommended.
255
00:35:35.070 --> 00:35:39.959
Community Hall: And it's recommended for the reason we're going to be talking about tonight, related to no net loss.
25600:35:40.320 --> 00:35:44.230Community Hall: The recommended buffer was in the 15-30% range.
257
00:35:44.400 --> 00:35:50.290
Community Hall: And if you looked at the total number of units the city approved, we met that. We had a buffer of about 28%.
25800:35:50.870 --> 00:35:53.700Community Hall: But where the issue really lies is…
259
00:35:53.800 --> 00:36:00.439
Community Hall: In looking at these figures, you should sort of think of each income category as its own arena.
26000:36:00.650 --> 00:36:06.490Community Hall: Because the units aren't necessarily transferrable or meant to be dealt with as a whole.
261
00:36:06.780 --> 00:36:10.030
Community Hall: So we get into that with the next slide.
26200:36:11.370 --> 00:36:18.520Community Hall: Okay, so the top row is what I just showed. That was the city's RENA. It comes out to 4588 on the right-hand side.
263
00:36:19.290 --> 00:36:25.700
Community Hall: The total capacity is our housing element. That's what was certified by HCD in September, so…
26400:36:25.880 --> 00:36:29.190Community Hall: Looking at the total numbers at 5881,
265
00:36:29.450 --> 00:36:40.990
Community Hall: We exceeded our arena with a 28% buffer, which is right where you would like to be. Where the issue comes in is when you look at it by income category.
26600:36:41.160 --> 00:36:48.259Community Hall: So, for purposes of the discussion and the way the housing element is classified, low and
very low are seen in one category.
267
00:36:48.830 --> 00:36:53.280Community Hall: You can see our capacity there, we have a surplus of 157 units.
268
00:36:53.660 --> 00:37:01.140
Community Hall: For moderate, we had 92 units, whereas above moderate, or market rate, we were well
over. We had over 1,000 unit surplus.
26900:37:01.660 --> 00:37:05.429Community Hall: So that 28% buffer, if you look at it per category.
270
00:37:05.740 --> 00:37:08.720
Community Hall: Low comes out to about 8%.
27100:37:09.030 --> 00:37:11.069Community Hall: Moderate, about 12%.
27200:37:11.240 --> 00:37:22.999
Community Hall: Whereas above moderate is well over 50%. So that's one of the issues why we find
ourselves in the no net loss situation right now, is because the low and moderate categories
27300:37:23.320 --> 00:37:42.420Community Hall: had a very narrow margin. One other factor with this, and I think some of you may remember, was in May of 2024, as we were taking the housing element for Council approval, we had a request from a property owner to remove four sites that were very high density, so…
274
00:37:42.560 --> 00:37:49.150
Community Hall: That took… 372 units. In addition, we would have had.
27500:37:49.430 --> 00:37:53.920Community Hall: With well over half of those in the low and moderate income category, so…
276
00:37:54.100 --> 00:38:03.759
Community Hall: This was made days before the Council's consideration, and that took what was a low
surplus in the low and moderate categories and reduced it further.
27700:38:06.970 --> 00:38:11.929Community Hall: Okay, so now I'll talk about no net loss itself and Senate Bill 166.
278
00:38:12.480 --> 00:38:18.000
Community Hall: No net loss goes back over 20 years. It was adopted by the state legislature in 2002.
27900:38:18.370 --> 00:38:24.939Community Hall: And the intent is always to make… to have that… your housing capacity identified in your housing element.
28000:38:25.370 --> 00:38:32.370Community Hall: doesn't dip below what you're saying you can provide. It's really a capacity issue, which is what housing elements have always been about.
281
00:38:33.260 --> 00:38:45.749
Community Hall: And it's really intended for cities to maintain that, so you're not approving lower density development or even commercial development on housing sites when it was intended to provide housing per your housing element.
28200:38:46.580 --> 00:38:54.630Community Hall: A change, like many of the housing laws that gave this legislation more teeth, came in 2017
with SB166.
28300:38:55.510 --> 00:38:58.120Community Hall: what SB166 did…
28400:38:58.420 --> 00:39:04.880Community Hall: is it treats your housing element sites more like a living document. It's an ongoing thing
where
28500:39:05.280 --> 00:39:13.450Community Hall: If you're approving development on those sites, you need to be looking at, do you still have the capacity for each income category?
28600:39:13.720 --> 00:39:17.189
Community Hall: And if not, then you need to do something about that.
28700:39:17.740 --> 00:39:27.300Community Hall: So essentially what's happened with the housing element is you now have more of a living document. It's not something you update every 8 years, take it off the shelf, and update it again.
28800:39:27.430 --> 00:39:30.940
Community Hall: You have annual reporting, which will also be coming to you soon.
28900:39:31.200 --> 00:39:34.059Community Hall: And along with bills like SB166,
29000:39:34.290 --> 00:39:43.759Community Hall: This is something that's involved in your day-to-day decision-making, so you're really doing
a lot of tracking and having to be accountable to state agencies overseeing housing.
29100:39:47.290 --> 00:39:52.639Community Hall: So what must cities do to comply if they are in a no-net-loss situation?
292
00:39:53.300 --> 00:40:02.849Community Hall: You essentially need to make findings, which is something we have been doing with our housing projects that have been coming forward to Planning Commission and City Council lately.
293
00:40:03.090 --> 00:40:12.219
Community Hall: And you need to quantify what the remaining levels are in your housing element when you
make that finding. Do you have an adequate supply, or do you not?
29400:40:12.790 --> 00:40:16.229Community Hall: If a shortfall in any income category is found.
295
00:40:16.450 --> 00:40:21.650
Community Hall: You then either concurrently or within 180 days, essentially 180 days.
29600:40:22.040 --> 00:40:29.449Community Hall: You need to identify new housing element sites and or upzone existing housing element sites that you may have.
297
00:40:29.690 --> 00:40:37.799
Community Hall: Now, that second bullet gets tougher for Cupertino, since 70% of our housing element sites
are already at a 50 unit per acre minimum or higher.
29800:40:38.860 --> 00:40:42.999Community Hall: One other word, and we'll touch a little bit more on it, the 180 days.
299
00:40:43.090 --> 00:41:00.169
Community Hall: that began for us the end of last year in mid-December. And I would have to say the
consensus of being able to identify and rezone sites in 180 days is pretty much next to impossible for any city. But I think the state's intent is that when you find yourself in this situation.
30000:41:00.450 --> 00:41:03.960Community Hall: It's something that you need to start correcting as quickly as possible.
301
00:41:06.770 --> 00:41:10.709
Community Hall: Why did Cupertino get this deficit? Well.
30200:41:10.850 --> 00:41:24.820Community Hall: One of the reasons, in addition to not having a large buffer for low and moderate income, is we have gotten a lot of housing development. The three years we were working on the housing element, we didn't have very many applications.
303
00:41:24.970 --> 00:41:29.699Community Hall: Since 2024, we have now over 15 housing applications, so…
304
00:41:29.970 --> 00:41:36.590
Community Hall: In a sense, we've ended up in this situation because we've had housing come in, and we've been approving projects.
305
00:41:36.700 --> 00:41:41.239
Community Hall: Which alters what was forecasted by the housing element.
30600:41:41.810 --> 00:41:49.079Community Hall: The reason for this is we had some sites that had submitted preliminary applications under SB330,
307
00:41:49.540 --> 00:41:58.720
Community Hall: That essentially allows you to lock in lower density. So, where we had sites in the housing
element identified at 50 or 65 units minimum per acre.
30800:41:58.980 --> 00:42:03.290Community Hall: Developers could lock in, say, 20 for townhome developments, so…
309
00:42:03.460 --> 00:42:08.589
Community Hall: This created, you know, an obvious shortfall in total units and affordability.
31000:42:09.430 --> 00:42:17.760Community Hall: Second bullet, again, the BMR requirements is sort of an ongoing issue, where your Reno is requiring over half your units to be affordable.
311
00:42:18.050 --> 00:42:24.000
Community Hall: But your BMR will not allow you to do that. You can't really exceed 20 without having the
state
31200:42:24.440 --> 00:42:31.119Community Hall: focus on why you would be exceeding 20%. So that's not unique to Cupertino, but it's an issue.
313
00:42:31.950 --> 00:42:40.799
Community Hall: Even another issue we have is that where there's a density range, say at the townhome
level, of 20 to 35 units per acre.
31400:42:41.240 --> 00:42:45.100Community Hall: The level we typically see them coming in at is right at 20.
315
00:42:45.400 --> 00:42:52.980
Community Hall: So, even where you have projects that are compliant with the housing element, Not coming
in under SB330.
31600:42:53.200 --> 00:42:59.470
Community Hall: They tend to be at the lowest edge of the development range. And we only have one
project
31700:42:59.740 --> 00:43:01.820Community Hall: Which we noted in the last bullet.
318
00:43:02.070 --> 00:43:03.760Community Hall: on a Housing Elements site.
31900:43:04.280 --> 00:43:16.969Community Hall: that is coming in, that is using a density bonus, and actually providing a significant number of density bonus units. So, that's kind of the one anomaly where we're getting much more than expected.
320
00:43:17.240 --> 00:43:24.410Community Hall: We do have other sites, such as the Mary Avenue project, which met exactly what was required in the housing element.
32100:43:24.680 --> 00:43:30.369Community Hall: And we have one other site with the teacher housing, excuse me, location north of Valco.
322
00:43:30.680 --> 00:43:40.029Community Hall: that similarly should come in right on point. But in general, most of the townhome development, which is the vast majority of what we get.
32300:43:40.320 --> 00:43:42.769Community Hall: We tend to be losing total units.
324
00:43:42.980 --> 00:43:46.240Community Hall: And the number of affordable units is less than projected.
32500:43:47.370 --> 00:43:55.800Community Hall: The last point, pipeline projects, just to cover that again, those were projects identified in the housing element that had already been approved, but not built.
326
00:43:56.480 --> 00:44:02.280Community Hall: The most significant site by far in terms of housing numbers was Valco, or The Rise.
32700:44:02.480 --> 00:44:08.609Community Hall: Which initially had a little over 2,400 units, 50% of them being in the low-income category.
328
00:44:09.130 --> 00:44:14.049
Community Hall: Through subsequent modifications, one being approved recently.
32900:44:14.240 --> 00:44:22.710
Community Hall: The number of units, for instance, just dropped from 890 low-income units to 356, so…
330
00:44:23.030 --> 00:44:26.949
Community Hall: It isn't just pending development projects, but because
33100:44:27.820 --> 00:44:34.980Community Hall: This was a significant pipeline project, and Cupertino was very reliant on pipeline projects. We had over 2,600 units.
332
00:44:35.450 --> 00:44:43.190
Community Hall: Excuse my voice. That… that also has put us in the low-income category.
33300:44:43.440 --> 00:44:46.710Community Hall: And it has worsened our not-loss situation.
334
00:44:50.120 --> 00:44:55.199
Community Hall: Okay, so the current status, as I said, we found ourself in a no-at-loss situation.
33500:44:55.510 --> 00:44:59.250Community Hall: In the middle of December, just in the moderate income category.
336
00:45:00.140 --> 00:45:05.129
Community Hall: Currently now, in particular with the recent Valco modification.
33700:45:05.450 --> 00:45:09.499Community Hall: We are in a situation where both low and moderate, we cannot make the finding.
33800:45:10.240 --> 00:45:15.930
Community Hall: So, as I said also, we have 180 days per state law to correct this.
33900:45:16.590 --> 00:45:23.849Community Hall: That is not, not a date that we're going to be able to make, but as I said, this is something that the city does need to address.
34000:45:23.980 --> 00:45:25.439
Community Hall: As soon as possible.
34100:45:27.550 --> 00:45:32.289Community Hall: Okay, so this kind of daunting-looking table, I can just walk you through this.
34200:45:32.820 --> 00:45:36.900Community Hall: The first row, again, is our RENA, that shows the total on the right.
343
00:45:37.050 --> 00:45:43.469
Community Hall: The second row is what our housing element had. Again, we looked at that in an earlier slide.
344
00:45:44.130 --> 00:45:49.639
Community Hall: And the third row is the surplus we had anticipated, which we've also seen.
34500:45:50.490 --> 00:45:55.950Community Hall: The next two rows focus on projects we have already taken an action.
34600:45:56.230 --> 00:46:00.750
Community Hall: So the fourth row is what the housing element was forecasting we would get.
347
00:46:01.040 --> 00:46:04.050Community Hall: And the fifth row is what we actually got.
34800:46:04.850 --> 00:46:11.119Community Hall: So that results in the fifth column, where you can see there is a deficit of 327,
349
00:46:11.390 --> 00:46:14.640
Community Hall: In the low category, and 22 in the moderate.
35000:46:15.020 --> 00:46:20.589Community Hall: Even our above moderate went from a little over 1,000 units to now a little over 800.
351
00:46:20.720 --> 00:46:23.049
Community Hall: But that's still a significant buffer.
35200:46:23.470 --> 00:46:35.089Community Hall: But I think this illustrates, right now, we have that issue in both the low and moderate category, and it's, again, largely based on, because our housing element went from this thing frozen in time.
353
00:46:35.290 --> 00:46:38.910
Community Hall: To where we've now actually had development that we have approved.
35400:46:39.100 --> 00:46:47.700Community Hall: That, in addition to the Valco modification. So, it's essentially, we've adjusted to the realities of the market with what's getting approved.
355
00:46:52.620 --> 00:47:00.350
Community Hall: Okay, the timeline, again, we had 180 days from the middle of December, which would be
the middle of June, to actually correct this.
35600:47:00.710 --> 00:47:07.160
Community Hall: One of the issues with that is that you would not only have to find the sites, you would
have to rezone them.
35700:47:07.630 --> 00:47:13.559Community Hall: Rezoning is a legislative act that would require going to the Planning Commission and
approval by the City Council.
35800:47:13.920 --> 00:47:22.820Community Hall: And this is… what we're talking about, really, is an amendment to our housing element, or a general plan amendment, which is not exempt from CEQA.
35900:47:23.480 --> 00:47:27.709
Community Hall: So, really, the major variables that affect the timeline
36000:47:28.000 --> 00:47:33.400Community Hall: As quickly as you want to move on this, we do have issues like community outreach and noticing.
36100:47:33.640 --> 00:47:36.820
Community Hall: Which is always a big concern on a project like this.
36200:47:37.080 --> 00:47:41.089Community Hall: That people are made aware of what's happening, which sites are being affected.
36300:47:41.430 --> 00:47:46.400Community Hall: And also, any project subject to CEQA, CEQA is pretty much your critical path.
364
00:47:46.540 --> 00:47:49.700Community Hall: You can't… you can only go as fast as your CEQA process.
36500:47:50.150 --> 00:47:52.690Community Hall: Right now, it's uncertain.
366
00:47:52.910 --> 00:47:56.880
Community Hall: what path we would take. This could probably be anything from an addendum.
36700:47:57.150 --> 00:48:01.409Community Hall: to the existing General Plan EIR, to a standalone EIR.
368
00:48:01.710 --> 00:48:06.439
Community Hall: So, we're looking at, timelines that are probably
36900:48:06.800 --> 00:48:16.030Community Hall: more like a year to a year plus, based on that. We're in the really early stages, so I don't
want to throw out any hard dates, because there's no way I can guarantee those.
370
00:48:19.290 --> 00:48:25.260
Community Hall: Strategies to come up with how we find the additional capacity and additional housing sites.
37100:48:26.440 --> 00:48:37.109Community Hall: I think the most basic one would be to focus on what we really did in the first place, would be to identify sites that come in at a higher density, say, 50 dwelling units per acre or more.
372
00:48:37.330 --> 00:48:40.899
Community Hall: And look at sites along major transportation corridors.
37300:48:41.280 --> 00:48:46.369Community Hall: We had Assembly Bill 2011 went into effect in 2023.
374
00:48:46.540 --> 00:48:53.249
Community Hall: The city has never received an application under that bill. What that bill did as a refresher
was
37500:48:53.360 --> 00:49:11.840Community Hall: allow housing development on commercially zoned sites at densities tied to the corridor capacity. It could be either 40 or 60 units per acre. The reason that has been infrequently used is because of
all the conditions that came with it, and other conditions in terms of
376
00:49:12.060 --> 00:49:16.410Community Hall: The labor involved that was going to increase costs of construction, so…
37700:49:16.610 --> 00:49:19.880Community Hall: Cupertino has never gotten an AB 2011 project.
378
00:49:20.050 --> 00:49:29.619
Community Hall: But the goal of trying to put higher densities along the corridors just makes a lot more sense for the city to be able to comply with its arena.
37900:49:29.740 --> 00:49:37.080Community Hall: The other thing having more dense developments along the corridors does is it keeps
development out of neighborhoods.
380
00:49:37.550 --> 00:49:46.909Community Hall: I think we have seen so far in the last year and a half is that where we've had development in neighborhoods, which, even at a townhome density.
38100:49:47.660 --> 00:49:52.380
Community Hall: It has tended to… Get a fair amount of opposition.
382
00:49:52.610 --> 00:49:56.859Community Hall: And the unit count is invariably going to be lower for townhomes.
383
00:49:57.010 --> 00:50:06.499
Community Hall: So that would be another reason to try to keep development along the main corridors. It
also just requires fewer sites. Higher density means less acreage.
38400:50:07.550 --> 00:50:16.530Community Hall: Another upside is where we can get development that, say, are going to be modest size or smaller apartments.
385
00:50:16.820 --> 00:50:23.230
Community Hall: We have a much greater ability to claim those units as affordable as either low or moderate
income.
38600:50:23.770 --> 00:50:29.880Community Hall: Right now, with a typical townhome development, you're looking at 2,000 or more square feet.
387
00:50:30.080 --> 00:50:32.619
Community Hall: Often 3 and 4 bedrooms.
38800:50:32.790 --> 00:50:39.579Community Hall: Which… pretty much means anything that is not a required BMR, or one of the 20%,
389
00:50:39.850 --> 00:50:44.010
Community Hall: The city is not going to be able to justify that it qualifies as an affordable unit.
39000:50:44.370 --> 00:50:50.610Community Hall: We would, on the other hand, if we were to get development that's higher density with smaller units.
391
00:50:50.840 --> 00:51:06.399
Community Hall: be able to say they're affordable by design. Whether they're restricted outright through a
deed, you can make the argument, certainly by justifying the rents, that these units would qualify, so we're not always having a deficit happen each time we approve a project.
39200:51:07.700 --> 00:51:16.399Community Hall: One other issue citywide that we're aware of is by putting more development along commercial corridors, this could impact existing commercial centers.
393
00:51:16.890 --> 00:51:23.769Community Hall: So this could be an opportunity to identify commercial centers where you want to retain the retail component.
394
00:51:24.230 --> 00:51:32.179Community Hall: That is… would be the one time to do it, since we're going to be going through a rezoning action in order to address known at loss.
395
00:51:32.330 --> 00:51:34.830
Community Hall: We could fold that into the process as well.
39600:51:39.480 --> 00:51:45.670Community Hall: This was a map we're just recycling from looking at what was eligible under AB 2011.
397
00:51:46.020 --> 00:51:53.160
Community Hall: The sites shown in black were housing elements sites, with the exception of the one in the
upper right-hand corner, which is the Hamptons, which is not.
39800:51:53.520 --> 00:51:56.870Community Hall: But the sites shown in gray would all be…
399
00:51:57.120 --> 00:52:01.769
Community Hall: potential sites that could be upzoned. I'm not saying all of them.
40000:52:02.190 --> 00:52:10.090Community Hall: But looking at those areas rather than going into the city's neighborhoods may be a better approach to being able to identify sites.
401
00:52:13.390 --> 00:52:17.559
Community Hall: And the last topic before I end is just looking at the budget.
40200:52:18.870 --> 00:52:32.379Community Hall: The current estimate to do this amendment to the housing element to address known at loss is running about $350,000 to $500,000, the majority of which would be costs related to CEQA.
403
00:52:33.070 --> 00:52:42.509
Community Hall: And again, the reason there's a range is because the CEQA process itself could vary, which
is essentially going to have a longer process that's more labor-intensive.
40400:52:43.690 --> 00:52:51.619Community Hall: And we are looking at what other options there may be to cover this cost. We're just not sure what there may be now, but…
405
00:52:51.820 --> 00:52:56.960
Community Hall: The cost estimate itself within that range is what's looking to be pretty realistic at this time.
40600:52:59.250 --> 00:53:07.899Community Hall: And with that, I do not have anything in addition, so we don't have anything on that says
questions or feedback, but I'm sure you have a lot of both, so…
407
00:53:08.060 --> 00:53:10.539
Community Hall: I'm happy to try to address them as they come up.
40800:53:15.670 --> 00:53:18.219Community Hall: All right, thank you, Luke.
409
00:53:18.580 --> 00:53:19.920
Community Hall: So, this…
41000:53:20.310 --> 00:53:29.399Community Hall: We never had a discussion about no net loss before, even though this law has been in place since 2017, because it was being based off our
411
00:53:29.640 --> 00:53:31.530
Community Hall: prior RENA numbers.
41200:53:31.930 --> 00:53:44.760Community Hall: Correct. I think some of the slides we had on the housing element, we did reference no net loss, but I think with all the other information that was in there, I think when we were discussing why it was important to have a buffer.
413
00:53:45.050 --> 00:53:49.070
Community Hall: We had cited Senate Bill 166, and that being a factor.
41400:53:49.280 --> 00:53:52.230Community Hall: So it was in there, I just think…
415
00:53:53.020 --> 00:53:58.529
Community Hall: So much of 2023 and 24, with the housing element being late, the goal was to get it
certified.
41600:53:58.810 --> 00:54:02.170Community Hall: And this is sort of a post-certification problem.
417
00:54:02.560 --> 00:54:07.999
Community Hall: I think it's one that we thought we were gonna have to deal with at some point, it's just
happened a lot sooner.
41800:54:08.210 --> 00:54:12.110Community Hall: Because the city has received a lot of development applications, and…
419
00:54:12.550 --> 00:54:15.089
Community Hall: Several of those have already gone to hearing and been approved.
42000:54:15.260 --> 00:54:25.250Community Hall: Okay, thank you. Could you please repeat, like, a map of strategies, before we get into our clarifying questions?
421
00:54:28.020 --> 00:54:32.580Community Hall: Yeah, I think overall… let me try to get back…
42200:54:34.180 --> 00:54:42.739Community Hall: What we've looked at is, again, if you do higher density, most of the sites in the housing element, again, 70% of them were 50 units or more per acre.
423
00:54:43.320 --> 00:54:45.859Community Hall: I think sticking with that strategy.
42400:54:46.760 --> 00:54:54.489Community Hall: or almost going exclusively with higher density sites. It enables you to get that density along the major corridors.
425
00:54:54.900 --> 00:55:05.010Community Hall: You have more of your transportation network with what that is in this area. You have more of that there to support higher density housing.
42600:55:05.320 --> 00:55:12.160Community Hall: It also just involves less land. It avoids having to try to consider putting higher density
427
00:55:12.360 --> 00:55:18.670Community Hall: Out into what may be single-family neighborhoods, where it's likely to get considerably more opposition.
42800:55:19.290 --> 00:55:26.599Community Hall: I think it just overall expedites the process so much of the state laws and the regional
planning.
42900:55:26.800 --> 00:55:32.249Community Hall: Has looked at streamlining and expediting development along major corridors as well.
43000:55:32.450 --> 00:55:44.920Community Hall: So, in terms of, like, VMT, we know most of, like, adding housing along major corridors,
you don't have a VMT impact, which could occur the further you get off those corridors.
43100:55:45.150 --> 00:55:51.260Community Hall: But in a sense, yeah, I think it is… More palatable to the community.
432
00:55:51.450 --> 00:55:54.609Community Hall: And something we can do more quickly.
433
00:55:54.790 --> 00:55:57.530
Community Hall: And it's a more efficient use of land, frankly.
43400:55:58.400 --> 00:56:04.520Community Hall: And we may get more affordable units out of the higher density than what we're seeing at the typical townhome development.
435
00:56:05.170 --> 00:56:20.539
Community Hall: Okay, so what happens if some of these projects that use the SB330 mechanism, if they
withdraw that, and they come back and say, well, our market conditions have changed, and we actually are
able to make the higher density work?
43600:56:20.540 --> 00:56:27.609Community Hall: Then we would have, gone through this exercise, for nothing. Is that accurate?
437
00:56:29.360 --> 00:56:36.899
Community Hall: It could be, but unfortunately, we have the law to deal with, and I… 180-day time frame,
my conversations with people who
43800:56:37.940 --> 00:56:43.770Community Hall: Do work on housing elements, have all pretty much said 180 days is an unrealistic time frame, but…
439
00:56:44.080 --> 00:56:49.269
Community Hall: To not address the no net loss situation at some point in time.
44000:56:49.820 --> 00:57:10.209Community Hall: you have to address it because it's state law as it relates to housing elements. Okay, and it seems like it's going to run into our next housing element, which we'll be looking at in what… how long before we start the next… the next one. And… and are you anticipating, a ridiculous set of numbers, to be
thrown our way again?
44100:57:11.400 --> 00:57:18.590Community Hall: Your last question? I hope not, because capacity's kind of reaching what it is. It was difficult enough this time.
44200:57:18.920 --> 00:57:23.139
Community Hall: Since the next cycle is going to run
44300:57:23.310 --> 00:57:29.829Community Hall: 2031, we would probably want to start that no later than 2029, possibly 2028.
444
00:57:30.160 --> 00:57:33.040Community Hall: In terms of looking at the seventh cycle.
445
00:57:33.480 --> 00:57:37.500
Community Hall: I honestly can't guess what the numbers are gonna be. I've heard different things.
44600:57:37.710 --> 00:57:42.790Community Hall: Okay, make sure we get a consultant early, and beat the rush.
44700:57:43.440 --> 00:57:55.380
Community Hall: All right, okay, I've spoken long enough on this item. Do we have any Council clarifying
questions on this? We are up at, 6.30 at this time.
44800:57:55.560 --> 00:58:05.760Community Hall: So, and we need to be wrapped up by 6.45 for the regular session. Councilmember Fruen, I see you have your hand raised. Yeah, so, just a couple things.
449
00:58:05.890 --> 00:58:08.319
Community Hall: To start off here,
45000:58:08.630 --> 00:58:22.089Community Hall: you know, I wanted to caution that though you could certainly see a situation where someone has an existing application that's been approved at a lower density, even if that person were to come back with a new application on the same site.
451
00:58:22.090 --> 00:58:33.780
Community Hall: HCD and the statutes themselves presume a certain affordability level based upon the
density that you have ascribed to the property.
45200:58:33.780 --> 00:58:43.010Community Hall: So, despite that fact, when that project actually comes forward, it probably won't match the affordability level that the law is presuming.
453
00:58:43.050 --> 00:59:00.189
Community Hall: So, you're still likely to wind up in this situation. It's one of the points of disconnect between the planning process inside the housing element, and what we can require in inclusionary, and what might be realistic to expect from just 100% affordable housing production.
45400:59:00.320 --> 00:59:18.490Community Hall: So, you know, with that, it only underscores the importance of the buffer. It's one of the
reasons why I've long advocated for a much larger one, because you don't want to wind up in this situation.
And I would hate for us to be repeating this process again, so I think that we should be mindful of that, so
that we're not back here once more.
45500:59:18.490 --> 00:59:25.580
Community Hall: Fairly soon. Have… has anyone on staff also given consideration to…
456
00:59:25.650 --> 00:59:32.599
Community Hall: You know, given that we are concerned about you know, retention of retail.
45700:59:32.890 --> 00:59:40.039Community Hall: the new Commune DTLA LLC decision that basically says you can't use an overlay.
458
00:59:41.600 --> 00:59:51.200
Community Hall: I have not considered that as yet. I mostly wanted to put that out there because I know
the retail discussion has been sort of on the horizon, and as we look at commercial sites.
45900:59:51.310 --> 00:59:57.939Community Hall: I think, as you know, most of our commercial properties right now, a lot of them allow commercial or residential development, so…
460
00:59:58.110 --> 01:00:07.839
Community Hall: that exercise would be largely taking the RES off the zoning. Yeah, and we don't know what kind of objections we'll get to that.
46101:00:08.300 --> 01:00:11.279Community Hall: You could still have a,
462
01:00:11.520 --> 01:00:19.709
Community Hall: an overlay for it, but you wouldn't be able to count it toward the housing element. That's really the only problem. However, if a project came forward.
46301:00:20.030 --> 01:00:22.640Community Hall: Obviously, that's going to be counted in our APR.
464
01:00:22.820 --> 01:00:29.260
Community Hall: Right, and I should say, of the numbers we showed, too, is we have approved a number of developments on non-housing sites.
46501:00:29.390 --> 01:00:30.580Community Hall: And…
466
01:00:31.110 --> 01:00:37.709
Community Hall: One approved and one pending includes a housing element site and non-housing element sites that are adjacent to it, so…
46701:00:38.740 --> 01:00:44.599Community Hall: We can get credit for those, and of course, through the annual report, we will, because
we've approved those units, but…
468
01:00:44.830 --> 01:00:54.290Community Hall: the slides I just showed tonight were really focused just on our priority housing site, so the picture may look a little worse, and we will get credit for those, but
469
01:00:54.490 --> 01:01:08.769
Community Hall: It's mostly to highlight we are dealing with this issue sooner than we thought. Yeah. One of
the things I just would also underscore from that same court decision is that the court did ratify that the mixed-use carve-out
47001:01:08.810 --> 01:01:16.390Community Hall: in the law is still viable. There is, section 65, 583.2, Sub A, Sub 2,
471
01:01:16.530 --> 01:01:31.949
Community Hall: of housing element law, so you can still have mixed use. It has to simply meet certain criteria, so if we are going to continue to have mixed use at our housing element sites, I just would just encourage us to make sure it's meeting that standard so that we don't wind up with a problem later on.
47201:01:32.050 --> 01:01:32.760Community Hall: Right.
473
01:01:33.190 --> 01:01:38.819Community Hall: Yeah, I mean, of our housing element of when I said they were about equally divided, we actually…
47401:01:39.270 --> 01:01:58.829Community Hall: forecasted more total units in the mixed use than in the residential-only areas. And then,
just for the sake of everyone's recollection, we actually had a buffer of 37% in the fifth cycle, so we are
lower on this score than what we were last time.
47501:02:00.240 --> 01:02:15.800Community Hall: I don't have anything else for right now. Great. Thank you. I do have a quick question. You mentioned EIR. We don't have an EIR unless you're going back to 2014. We have environmental assessment, so what, would you be amending?
476
01:02:16.480 --> 01:02:21.249
Community Hall: it would be the 2014 EIR. The environmental assessment is…
47701:02:21.930 --> 01:02:42.710Community Hall: And again, I don't want to say what we've determined, I'm just in having conversations about what we could do, the environmental assessment is not something you could tear off of or do an amend… an addendum or an amendment off of, because while it looks a lot like an EIR, it's not an EIR.
Okay. So we would have to go back to a different document. Okay, thank you.
478
01:02:43.020 --> 01:02:54.860Community Hall: And lastly, I'm going to go to, Vice Mayor Chao and bring this out for… bring it up for public comment, because we are, running close to our allotted time. Vice Mayor? Okay, thank you.
47901:02:55.880 --> 01:03:09.490Community Hall: Then, thank you for the clarification that the table here only includes housing element sites, not the actual number, but what we do care about is the actual number
480
01:03:09.810 --> 01:03:15.689
Community Hall: whether it's from housing or non-housing element sites, right? And, also.
48101:03:15.760 --> 01:03:34.719Community Hall: Many of these are because of… they submit the SB330 application before the housing element to lock in a lower density from our previous plan. How many of those, SB330 with lower density are left?
482
01:03:35.350 --> 01:03:36.260Community Hall: That's…
48301:03:36.800 --> 01:03:52.639Community Hall: How many are left? I believe they're done. They're done, right. Yes. So, anything that's coming in the future, supposedly they should follow the minimum density. That's where there is one more. I
misspoke. We do have one more pending, but yes, any…
48401:03:52.880 --> 01:04:08.619Community Hall: We are not in that situation anymore because we have a certified housing element. You couldn't lock in a lower density on a housing element site, so that is correct. That has nothing to do with certified or not. I think SB330 does allow them to lock in
485
01:04:08.730 --> 01:04:17.099
Community Hall: the current zoning while we are planning for the future one. It has nothing to do with
whether we have certified or not.
48601:04:17.380 --> 01:04:25.269Community Hall: Correct. Now, you would have to meet that. And then for the Wolf Road project, which…
487
01:04:25.570 --> 01:04:28.079
Community Hall: Is that approved or not?
48801:04:29.000 --> 01:04:43.419Community Hall: the Wolf Road teacher housing is not approved. Yeah, it's not. So that's supposed to provide a lot more moderate and low income, and they have two phases. My understanding is the current phase is mostly…
489
01:04:43.580 --> 01:04:54.589
Community Hall: moderate and low income, and they have a second face that might have more low income.
So, how would that come into the picture? Would that help us, with,
490
01:04:54.770 --> 01:05:08.619
Community Hall: the numbers, or would they just meet the density? It would be similar to Mary Avenue, because the assumption on that site was that it would be 100% income-restricted to low and moderate.
491
01:05:08.770 --> 01:05:09.770
Community Hall: So…
49201:05:10.160 --> 01:05:27.779Community Hall: we would essentially be doing what the housing element anticipated, just like Mary Avenue… So, we would just meet the expectation not going… get more units. Correct. So, is it possible that we reach out to the county to get more units on the site?
493
01:05:28.590 --> 01:05:30.130
Community Hall: From…
49401:05:30.940 --> 01:05:46.160Community Hall: I would assume that project is pretty well… Yeah, because we have… They still have the second phase that's still being planned. Vice Mayor? Okay. Yeah, we had had conversations with them earlier about doing a more dense project. That's okay for the…
495
01:05:46.160 --> 01:05:55.600
Community Hall: Okay, so I'm sorry, Vice Mayor, I'm going to have to cut you off there. We're going to go to public comment now. We're going to limit it to 90 seconds per speaker.
49601:05:55.600 --> 01:06:13.390Community Hall: Do we have any public comments, Madam City Clerk? We do. We… at this time, we have 3 requests to speak in person, and I see two hands raised virtually. So as a reminder, members of the public
wishing to speak regarding an item shall submit a request to speak, or raise their hand virtually within the
first 9 minutes of the start of public comment.
49701:06:13.400 --> 01:06:28.110Community Hall: Or before the public comment period is closed, whichever comes first. So we will move to in-person. Please welcome… One moment. Oh, sorry. I would like a recommendation from the city manager and city attorney. It looks like we're not going to be able to complete this item.
498
01:06:28.230 --> 01:06:33.800
Community Hall: What do you suggest? I don't think we're going to be able to get to direction with that
number of speakers.
49901:06:35.280 --> 01:06:46.850Community Hall: Are you suggesting reducing the public comment period, or asking if we should continue until we complete? Continue until we complete? I think that we should. Okay.
500
01:06:47.570 --> 01:06:49.789
Community Hall: point of water at some point, I would like to…
501
01:06:50.140 --> 01:06:54.759
Community Hall: Pardon. I would like to reduce the public comment to 1 minute per person.
50201:06:54.900 --> 01:07:00.209Community Hall: We have a very packed agenda we need, to really get moving. All right, thank you.
503
01:07:00.870 --> 01:07:08.909Community Hall: Okay, thank you, Mayor. So we will welcome, Greg, followed by Jennifer Griffin, followed by Peggy Griffin. Welcome, Greg.
50401:07:14.080 --> 01:07:26.220Community Hall: Good evening, Mayor, Council Members. My name is Greg Endum. I represent the
ownership of Marina Plaza Shopping Center and the adjacent retail parcel located at 10145.
50501:07:27.770 --> 01:07:43.919Community Hall: North De Anza. I'm here this evening to offer comments on the staff report, as well as reiterate what I had said in the letter to each of you today, as well as staff.
50601:07:44.500 --> 01:07:51.809
Community Hall: The marina ownership of Marina Plaza would request that their property be upzoned to 60
to 80 units per acre.
50701:07:54.090 --> 01:08:01.989Community Hall: Because I have limited amount of time. I won't go through the history of the property. There was a prior approval, 2 years ago.
508
01:08:02.100 --> 01:08:10.810
Community Hall: the interest rates exploded, construction costs went up, and it doesn't make sense. So
we're trying to figure out, how do we do something that makes sense?
50901:08:11.020 --> 01:08:16.279Community Hall: we have a plan among the many that we have considered.
510
01:08:19.160 --> 01:08:24.120
Community Hall: That was for 300 units. Thank you. Thank you, Greg.
51101:08:26.490 --> 01:08:28.190Community Hall: Next, we have Jennifer.
51201:08:34.689 --> 01:08:44.459
Community Hall: I'm gonna start out by saying I just noticed that Nancy Skinner wrote both SB166 and
SB330.
51301:08:44.750 --> 01:08:57.199Community Hall: This woman has been out of office for one year. We are currently plagued with both of her
bills. She wrote no net loss in 2017, which Jerry Brown signed.
514
01:08:57.300 --> 01:09:05.259
Community Hall: And then she wrote SB330, just recently, I mean, several years ago, and we've got the seven
51501:09:05.760 --> 01:09:09.590Community Hall: Retail killing townhouse projects.
516
01:09:10.140 --> 01:09:12.030
Community Hall: Because they're high…
51701:09:12.200 --> 01:09:23.630Community Hall: income projects, they're forcing us to no net loss, which Nancy Skinner wrote that bill. What the hell is… excuse me, what is going on here? Weiner and Wicks wrote
518
01:09:23.880 --> 01:09:27.359
Community Hall: Ab2011, which we're plagued with, too.
51901:09:27.700 --> 01:09:30.770Community Hall: Is this graft? What is going on?
520
01:09:31.000 --> 01:09:41.780
Community Hall: This needs to be investigated, and I don't want to spend $350K to go through no net loss.
Thank you. Thank you, Jennifer. Next, we have Peggy Griffin. Welcome, Peggy.
52101:09:42.670 --> 01:09:55.700Community Hall: Hi. Couple things. Protect the retail, use this opportunity to do so. Limit the commercial corridors to just De Anza Boulevard and Stevens Creek.
522
01:09:55.870 --> 01:09:58.420
Community Hall: Foothill has homes on it.
52301:09:58.540 --> 01:10:01.470Community Hall: And so does, Stelling.
524
01:10:01.740 --> 01:10:05.550
Community Hall: So that would be a big impact for those two streets.
52501:10:06.030 --> 01:10:12.649Community Hall: Think about max unit size. We've got these enormous units. If we limited the max.
526
01:10:13.220 --> 01:10:18.479
Community Hall: Maybe you could get more units in. Increase the in-loo fees?
52701:10:18.750 --> 01:10:24.609Community Hall: for the BMR, and also, I don't know if you can do this, but in the… for owner.
528
01:10:24.870 --> 01:10:30.259
Community Hall: Go from 20% to 10% if they would do all very low.
52901:10:30.580 --> 01:10:32.999Community Hall: Or something like that. Anyway, thank you.
530
01:10:34.210 --> 01:10:35.430
Community Hall: Thank you, Peggy.
53101:10:36.500 --> 01:10:42.869Community Hall: Mayor, we'll move to the request to speak virtually. I am seeing two hands raised. Welcome, Lisa.
532
01:10:45.410 --> 01:10:46.410
Lisa Warren: Thank you.
53301:10:47.240 --> 01:10:48.770Lisa Warren: Hello?
53401:10:48.980 --> 01:10:49.899
Community Hall: We can hear you.
535
01:10:50.290 --> 01:11:05.599Lisa Warren: I still saw 8 seconds on there, so I thought, okay. So, yes, please, protect retail. It's critical. That's been brought up more… more times than, well, by more people in all the… the,
53601:11:06.800 --> 01:11:26.309
Lisa Warren: housing element discussions, that was a big deal for everybody, and I'm sure that has not
changed. In fact, it's probably gotten more important because we are losing retail already. And… I mean,
this is statewide, face it. It's not just us. It's a mess. It never should put… we never should have been put in
this situation. No city should have.
53701:11:28.820 --> 01:11:37.709Lisa Warren: It's so frustrating, I can't even think of my words. So, now I understand why Target is probably the reason that the Target site is
538
01:11:37.990 --> 01:11:39.120
Lisa Warren: for sale.
53901:11:39.420 --> 01:11:46.170
Lisa Warren: They're probably planning ahead to sell it to somebody that wants to get rid of retail, And…
540
01:11:46.280 --> 01:11:54.870
Lisa Warren: Do however many townhouses they need to do to make themselves happy, and… And Rich. I'm babbling.
54101:11:56.130 --> 01:11:57.120Community Hall: Thank you, Lisa.
542
01:11:57.490 --> 01:11:58.490
Lisa Warren: Great way to end.
54301:11:58.760 --> 01:12:00.519Community Hall: Next, we have San Rao.
544
01:12:10.310 --> 01:12:21.210
San Rao: Good evening, Mayor Moore and Councilmembers. On an item of this importance, I don't think you
should be rushing this through like this. I recommend you continue the item and bring it back to a main session.
54501:12:21.230 --> 01:12:33.279San Rao: what did we not learn from the previous housing element deliberations, where we cut debate
short, we cut community engagement short, and one minute is simply not enough time? Having said that, I
do want to
54601:12:33.390 --> 01:12:45.530San Rao: say that you should look at what other cities have done, and what are strategies that can hold developers to these housing units, so that they do not try and reduce their BMR units. There are things you can do, such as developer agreements.
547
01:12:45.720 --> 01:12:47.989
San Rao: Or affordable housing agreements.
54801:12:48.200 --> 01:12:51.229San Rao: That's something to look into. There are other things you can do around.
549
01:12:51.340 --> 01:13:00.669
San Rao: stronger ordinances that really prevent the reduction in the RENA inventory, but most importantly,
I think you need to
55001:13:00.840 --> 01:13:02.079San Rao: You need to not…
551
01:13:02.220 --> 01:13:11.269
San Rao: delay on this item. We've been asking for this at the Planning Commission for two months now,
and this really needs to be heard at the Planning Commission and rushed through. Thank you.
55201:13:13.440 --> 01:13:14.340Community Hall: Thank you, Sam
553
01:13:14.600 --> 01:13:19.800
Community Hall: Mayor, that concludes the request to speak on this. Let me double check that this one is not it.
55401:13:30.490 --> 01:13:36.539Community Hall: Mahesh, are you wanting to speak on this item number 2 at the special meeting, or item number 2 in the regular meeting?
555
01:13:41.280 --> 01:13:46.129Community Hall: Mahesh, are you wanting to speak on this item, or a number 2 on the regular meeting?
55601:13:46.430 --> 01:13:50.150Community Hall: Okay, thank you. And this concludes the request to speak.
557
01:13:50.710 --> 01:13:57.079
Community Hall: All right, thank you. I do see, Councilmember Wong, your hand has been raised.
55801:13:58.370 --> 01:14:00.560R "Ray" Wang, Councilmember: I will keep it brief. Is that okay?
559
01:14:00.900 --> 01:14:01.530
Community Hall: Please.
56001:14:02.240 --> 01:14:26.580R "Ray" Wang, Councilmember: Okay. I just want to correct some assertions here. We are here because of the large numbers of the buffer and the carelessness in allowing a 4X number from the previous cycle. Let's be clear here. The market has also shown that the homes that are not… these homes are not wanted by the public, that's why they're building townhomes instead of the Soviet-styled planned economy approach that
has failed. RINA is built on bad numbers. The last city council who did not advocate for lower RHNA numbers
put us here.
56101:14:26.580 --> 01:14:51.530R "Ray" Wang, Councilmember: This is unconstitutional, it's an unfunded mandate, and there's no due process, and there's lack of home rule. So we need to do a couple things. We need to reduce our bus line service to protect our retail areas from being upzoned and abused with transit-oriented policies. We need to challenge the RHNA number methodology, and we should also consider becoming a charter city. We could
also take a approach by upzoning everything to a ridiculous number that no developer can build to that.
562
01:14:51.530 --> 01:15:05.710R "Ray" Wang, Councilmember: number, because that's just not what the market designed. These forced plans aren't working, and I think we really need to look at those other strategies at the same time as we may consider upzoning in some areas, but this is really a result of really poor state planning.
563
01:15:06.440 --> 01:15:06.790
Community Hall: Trey
56401:15:07.910 --> 01:15:17.820Community Hall: Thank you, Councilmember Wong. So, what we're looking for is direction, to staff, and I do want to mention that there is a 27-acre,
565
01:15:17.820 --> 01:15:23.360
Community Hall: Property apartment complex that, traded hands last year in 2025.
56601:15:23.360 --> 01:15:41.839Community Hall: So Rock Point Group now owns the villages. It's 110 units, built in 1964, and as I said, 27 acres, and most all of it is only two-story. So it's very, very low density currently, and it, it might be,
567
01:15:42.020 --> 01:15:58.269
Community Hall: good to reach out to Rockpoint and see if they would be, interested moving forward. So the kind of direction… well, your recommended action seems to be that we look at these other sites that you've suggested, is that correct?
56801:15:59.350 --> 01:16:10.660
Community Hall: Yes, just so we can get an overall strategy of what types of sites should we focus on. Okay,
so you're looking for Council to agree to look at those, and if there are other,
56901:16:10.730 --> 01:16:25.489Community Hall: diamonds in the rough, like the villages, that might be something that can accommodate, because of its size, that, that we would reach out if there's any others of that, number of acres, perhaps.
570
01:16:25.590 --> 01:16:30.949
Community Hall: Rather than wait… holding off on that until the next Reno cycle, it might be time
57101:16:31.110 --> 01:16:37.930Community Hall: timely to do that, now. So I do see one hand raised here, Vice Mayor?
57201:16:39.400 --> 01:16:44.940
Community Hall: I remember that there was a property
573
01:16:45.320 --> 01:16:57.950Community Hall: owner who reached out last year, from the Bob Road, because the city reached out to them, last time, a few years ago.
57401:16:57.970 --> 01:17:09.050
Community Hall: So… but then I understand that that area, it's zoned for industrial, so are those sites
suitable for residential?
57501:17:09.320 --> 01:17:11.880Community Hall: Should we reconsider?
576
01:17:12.110 --> 01:17:22.720
Community Hall: I see that you, some of the gray area that you have marked, for that map, also is along
Bob Road.
57701:17:23.250 --> 01:17:28.400Community Hall: So is that something that's… should be considered.
578
01:17:29.430 --> 01:17:33.790
Community Hall: Yeah, the situation we were in in the housing element update, it's going to be
57901:17:34.300 --> 01:17:48.400Community Hall: Is there interest in development? Because HCD's always going to want to know, is it feasible that this site's going to develop? So if there is owner interest, that's always a good indicator. It's something we will be asked.
580
01:17:48.550 --> 01:17:55.230
Community Hall: vast majority of our housing element sites this cycle had owner interests. Not all of them, but most of them by far.
58101:17:55.460 --> 01:17:59.159Community Hall: So, if there were, that's something we could look at.
582
01:18:00.610 --> 01:18:07.830
Community Hall: So we should reach out to the property owners to find if there's any owner interest.
58301:18:08.030 --> 01:18:26.579Community Hall: We should be reaching out, I think, citywide, as we did last time, to try to determine if there's owner interest. We have, in the last couple months, talked to property owners who have… we had one speaking tonight, and we had others that have come forward to say they would be interested in having
their sites upzoned.
58401:18:26.860 --> 01:18:32.280Community Hall: And actually would have some viable plans for development.
58501:18:33.100 --> 01:18:48.569Community Hall: Okay. Okay, thank you. So, it looks like we have some interest in, seeing if we can preserve
retail, within the city. Look at what other cities have, have done, with a similar problem, and…
58601:18:49.170 --> 01:19:07.980Community Hall: is there any potential that we can have a maximum unit size? I think that has become kind of an issue when we're seeing things over 2,000 square feet. When you're looking at the dwelling units per
acre, these can end up being enormous projects if there is no unit size requirement.
587
01:19:08.260 --> 01:19:22.620
Community Hall: So next it's, Councilmember Mohan, Councilmember Fruen, and, be aware that we are 6 minutes into the regular meeting. Thank you. Right. I had a quick question for the staff, since we do have this 180-day
58801:19:23.510 --> 01:19:25.150
Community Hall: restriction.
589
01:19:25.370 --> 01:19:39.470Community Hall: what… what would… and… and knowing that we cannot solve this problem in 180 days is, good intentions is a letter outlining our strategies. Would that be satisfactory to HCD?
59001:19:40.380 --> 01:19:44.259
Community Hall: I think our first step would be to get a consultant on board.
591
01:19:44.390 --> 01:19:49.959Community Hall: that… and we would need to have those conversations with HCD. I think…
59201:19:50.790 --> 01:20:03.460Community Hall: The positive thing is we have been documenting in our staff reports, recognizing we are in
this position. I think in the first conversations we would be having with HCD, we need to be demonstrating
that we're trying to correct this.
59301:20:04.040 --> 01:20:11.679Community Hall: You know, my… my read on 180 days is, like, that's a next-to-impossible time frame for any city to meet.
594
01:20:12.230 --> 01:20:19.400
Community Hall: to actually identify and rezone sites, even outside of CEQA, and when you factor CEQA in,
That's just…
59501:20:19.570 --> 01:20:20.830Community Hall: not feasible.
596
01:20:21.000 --> 01:20:22.790
Community Hall: But I do think…
59701:20:23.890 --> 01:20:31.680Community Hall: being in this situation, which I… I don't know the number of other cities that are. This is not an isolated to Cupertino incident, though.
598
01:20:33.110 --> 01:20:40.549
Community Hall: You do need to show you're addressing the situation and trying to identify more sites so
you don't remain in this position.
59901:20:41.780 --> 01:20:47.280Community Hall: So, intent is… is… may… may be sufficient for now.
600
01:20:47.990 --> 01:20:56.040
Community Hall: I think so, I can never answer on behalf of a state agency, but having had to talk to HCD staff for a period of time.
60101:20:56.990 --> 01:21:09.720Community Hall: that's usually where these things start, is there's rules, but there's flexibility to them. But it was obviously important to point this out to Council so we can start addressing the situation as soon as
possible.
60201:21:09.800 --> 01:21:18.170Community Hall: And as with the housing element, we would very much need an experienced consultant to help us through this process expeditiously.
60301:21:18.880 --> 01:21:30.769
Community Hall: Thank you. Okay, so I believe that would need to be part of our direction to staff, is that
you hire a consultant to help us out, and then… and also, of course, that you keep communicating with HCD.
60401:21:31.470 --> 01:21:38.200Community Hall: Councilmember Fruen? Yeah, that was actually my next question, was what conversations to date have you had with HCD?
605
01:21:38.750 --> 01:21:56.339
Community Hall: None as of yet. Okay. Alright. I mean, we might be able to expect HCD to forbear knowing
that we're working on it, but I'll just point out that a private party could also sue the city to invalidate our
housing element, so we're not completely out of the woods just because HCD is acquiescing.
60601:21:56.340 --> 01:22:09.980Community Hall: And then just for clarification, a larger buffer is better here than a smaller one, yes? I think we learned that lesson, because… Yes, I just want to make sure that that's absolutely clear, because we
don't want to be in the same position
607
01:22:10.280 --> 01:22:15.730Community Hall: you know, a few months down the road, I think we've got a good opportunity to fix some things on a longer-term basis.
60801:22:16.420 --> 01:22:18.759
Community Hall: Thank you.
609
01:22:19.200 --> 01:22:36.969Community Hall: And it may be that, you know, offline, that if we know of some other properties, that we will offer those suggestions, rather than, trying to come up with those at this time. So far, I'm not hearing any opposition to the direction to staff that I've laid out. Vice Mayor?
610
01:22:36.970 --> 01:22:44.320
Community Hall: Yeah, also that we… I think I've been saying for all of the… oh, sorry. I…
61101:22:44.530 --> 01:22:48.809Community Hall: I think I support that we should limit the unit size.
612
01:22:48.840 --> 01:23:06.159
Community Hall: I think I've been saying that, over the years. What we are seeing, 2-3 bedroom, that's
2,000, 3,000 square foot, when there could be 1,000 square foot, could comfortably build… comfortably fit 2 bedrooms, 3 bedrooms, even 4 bedrooms.
61301:23:06.160 --> 01:23:14.650Community Hall: And so if we… if… but how would that be viewed by HCD? I'm not sure. Could that be
considered as BMR?
614
01:23:14.650 --> 01:23:28.089Community Hall: But also, I think we need a smaller senior flat that… so that seniors could downsize within Cupertino to a smaller flat. Is it possible to have
61501:23:28.110 --> 01:23:36.420
Community Hall: Two bedrooms in your flat with a separate caretaker unit, for example, that could be
considered a separate
61601:23:36.690 --> 01:23:45.080Community Hall: below market rate unit. Would that combination help us with the units, and also provide the needs for the community? Yeah.
617
01:23:46.050 --> 01:24:05.330
Community Hall: Right, thank you. So, do staff feel like you have an adequate direction on this item? Yes,
Mayor, the only thing I want to clarify is currently we have a work program item that says preserve retail,
and it's very limited to the ballot measure, but I think from what I'm hearing today, you want us to look into other options as well when we come back. So, thank you. Yes, thank you. Okay, and with that…
61801:24:05.330 --> 01:24:07.090R "Ray" Wang, Councilmember: One quick thing? I would like the one quick thing.
619
01:24:07.090 --> 01:24:08.129
Community Hall: Number one, please.
62001:24:08.130 --> 01:24:15.049R "Ray" Wang, Councilmember: Can we make sure that we look into how we can enforce developer agreements when these things are signed, so we're not in a situation like what just happened on the Valco program?
621
01:24:17.580 --> 01:24:18.360Community Hall: Is that clear?
622
01:24:20.470 --> 01:24:40.210
Community Hall: That may be a legal question, but I will, I will take that offline with the attorney. Okay,
thank you. With that, this special meeting of the Cupertino City Council is adjourned. We will… do we need a
5-minute break before the next, or we keep going? So, we will, then proceed with the regular meeting afterwards. Thank you.
62301:30:18.070 --> 01:30:24.159Community Hall: On March 3rd, 2026, I call this regular meeting of the Cupertino City Council to order.
624
01:30:25.040 --> 01:30:27.169
Community Hall: Please rise for the Pledge of Allegiance.
62501:30:29.790 --> 01:30:41.189Community Hall: I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
626
01:30:43.030 --> 01:30:45.860
Community Hall: Thank you. Madam City Clerk, will you please call the roll?
62701:30:48.260 --> 01:30:52.859Community Hall: Councilmember Fruen? Here. Councilmember Mohan? Here. Councilmember Wong?
628
01:30:52.860 --> 01:30:53.430
R "Ray" Wang, Councilmember: Yeah.
62901:30:54.140 --> 01:31:08.880Community Hall: Vice Mayor Chao? Here. Mayor Moore? Here. And, Mayor, Vice Mayor, and Councilmembers, as a reminder, Councilmember Wong is participating remotely this evening. Councilmember Wong, you are in the lobby of the Omni Barton Creek Hotel and
630
01:31:09.580 --> 01:31:10.670
Community Hall: Sorry.
63101:31:16.490 --> 01:31:23.519Community Hall: You were in Florida this evening, in the Boca Raton Resort, in Boca Raton, Florida.
632
01:31:26.410 --> 01:31:27.850
R "Ray" Wang, Councilmember: I am here, and there are no members.
63301:31:27.850 --> 01:31:36.300Community Hall: And, Councilmember Wong, are there any individuals over the age of 18 with you, and has
anyone indicated to you that they intend to make public comment or address the Council?
634
01:31:36.670 --> 01:31:38.239
R "Ray" Wang, Councilmember: No, none at this moment.
63501:31:38.750 --> 01:31:41.970Community Hall: Okay. Are you guys able to hear Councilmember Wong?
636
01:31:42.110 --> 01:31:49.170
Community Hall: Councilmember Wong, it's, it's, very faint on our end. It was fine earlier, but right now it's
very faint.
63701:31:50.820 --> 01:31:51.750R "Ray" Wang, Councilmember: Give me one second.
638
01:31:51.870 --> 01:31:53.260
R "Ray" Wang, Councilmember: How's that? Is that better?
63901:31:54.680 --> 01:31:57.680Community Hall: It's a little bit better, but it's still pretty faint.
640
01:31:57.930 --> 01:32:00.470
R "Ray" Wang, Councilmember: Okay, let me try to see if I can change something.
64101:32:02.390 --> 01:32:02.730Community Hall: Okay.
64201:32:02.730 --> 01:32:03.260
R "Ray" Wang, Councilmember: Is that better?
64301:32:04.330 --> 01:32:10.260Community Hall: So I'll rely on you this evening to notify me if any members of the public wish to speak from your location. Thank you.
64401:32:11.690 --> 01:32:26.270
Community Hall: And just some housekeeping, you cannot block the doorways, and if you did bring a sign,
you need to hold it in front of you. You may not block the view of anyone behind you, or park it on city
property. You need to be holding it.
64501:32:27.930 --> 01:32:28.930Community Hall: Thank you.
646
01:32:31.530 --> 01:32:34.679
Community Hall: Thank you. Madam City Attorney, do we have any closed session reports?
64701:32:36.020 --> 01:32:39.720Community Hall: We do not have a closed session this evening, so no report. Thank you. Okay.
648
01:32:40.060 --> 01:32:48.809
Community Hall: Thank you. Next, we have two ceremonial items. Our first is recognition of March as
American Red Cross Month.
64901:32:49.300 --> 01:33:00.260Community Hall: Stuart Chesson, board member from the American Red Cross of Silicon Valley Chapter, will receive the proclamation and provide a brief presentation. Welcome, Stuart.
650
01:33:02.270 --> 01:33:04.749
Community Hall: Mayor, and thank you, City Council.
65101:33:04.960 --> 01:33:05.790Community Hall: Sunday?
652
01:33:05.910 --> 01:33:08.739
Community Hall: I have a little presentation.
65301:33:09.320 --> 01:33:11.669Community Hall: I think she's calling Ed up right now.
654
01:33:12.690 --> 01:33:20.329
Community Hall: Yes, very good. Thank you. So I want to take this… we've been doing this for 80 years.
65501:33:20.900 --> 01:33:31.999Community Hall: President Franklin made March Red Cross Month, and all the presidents since then have been following along, calling this,
656
01:33:32.000 --> 01:33:45.470
Community Hall: Red Cross Month on that, so we really appreciate the city in helping us with this
proclamation. And we're 90% volunteers, that we are always trying to help people in time of need.
65701:33:45.470 --> 01:33:55.839Community Hall: Especially when there's disasters, whether they're near or far, and they're confused and don't know what to do. As we go to the next slide here…
658
01:33:55.920 --> 01:34:19.470
Community Hall: You can see that we have many different services, throughout. Our primary is the disaster
services, and then we have blood service. We're 40% of the blood supply throughout the United States, so we're always trying to get people to donate, and then make sure there's a plenty of blood supply for the hospitals and those in need of that.
659
01:34:19.500 --> 01:34:27.210Community Hall: We do the, CPR and first aid training, and international service, as well as international law.
660
01:34:27.210 --> 01:34:39.729
Community Hall: and also services the armed forces. When the service member needs to be notified in an
emergency, they can contact Red Cross, we can find them and help them out on that.
66101:34:40.700 --> 01:34:56.739Community Hall: We go to a house fire one every 8 minutes, somewhere in the United States. That is our most frequent disaster, and people are just confused and don't know what to do. We're there to help comfort them, and then maybe give immediate assistance if we can.
662
01:34:57.320 --> 01:35:00.269
Community Hall: And then, on the next slide.
66301:35:01.500 --> 01:35:04.290Community Hall: We, we can see that we,
664
01:35:04.520 --> 01:35:29.269
Community Hall: been… these are some of the things that we've done. We were… 1 in 7 people in the
hospital needs blood, and so that's why the supply of blood is so important there. And, 90% of our activities are by volunteers, so we're always looking for volunteers on that. And as we go to the next… oh, that's a slide there. We responded to
66501:35:29.270 --> 01:35:33.969Community Hall: 109… Disasters here in Santa Clara County.
666
01:35:34.300 --> 01:35:42.779Community Hall: And we've had over 18,000 blood donations, and we've given over 1,700,
66701:35:42.800 --> 01:35:54.579Community Hall: referrals and assistance to military members, and we've involved over 2,000 people. We have about 180 people that are
668
01:35:54.650 --> 01:36:01.370Community Hall: volunteering for Red Cross in the city of Cupertino. And as we go to the next slide, on that.
66901:36:02.360 --> 01:36:10.839Community Hall: Thank you, very much. All right, thank you, Stuart, and the dedicated team at the American Red Cross.
670
01:36:14.130 --> 01:36:24.900Community Hall: And you heard him, please volunteer. Thank you to the 180 volunteers in Cupertino, and will the Council please join me presenting the proclamation to Stuart and have a photograph together?
671
01:36:25.730 --> 01:36:26.590Community Hall: Thank you.
672
01:36:26.840 --> 01:36:27.590
Community Hall: J, JP.
67301:36:28.020 --> 01:36:30.000Community Hall: We'll have to figure that out.
67401:36:55.010 --> 01:36:55.370
Community Hall: Oh.
675
01:37:01.850 --> 01:37:08.790Community Hall: It's the month of March, all those… In its mission.
67601:37:09.350 --> 01:37:25.839Community Hall: to care for people in need and alleviate human suffering in the face of emergencies. I,
Mayor Kitty Moore, and the entire Cupertino City Council do hereby proclaim this month of March in the City
of Cupertino as American Red Cross Month.
67701:38:02.130 --> 01:38:05.339Community Hall: That brings us to our next ceremonial item.
67801:38:08.580 --> 01:38:23.029
Community Hall: Our next item is recognition of March as Youth Art Month. Sophia Fojas, Arts Coordinator
from Santa Clara County Office of Education, will receive the proclamation and provide brief comments.
67901:38:29.750 --> 01:38:31.049Community Hall: Welcome, Sophia.
68001:38:31.190 --> 01:38:32.250
Community Hall: Thank you.
681
01:38:32.380 --> 01:38:51.680Community Hall: Thank you, Mayor Moore and members of the Cupertino City Council. Thank you for supporting arts education in our schools by presenting Youth Arts Month proclamation tonight. I'm Dr. Sophia Fojas, the Arts Coordinator for the Santa Clara County Office of Education, and I lead Artspiration SCCOE's Arts Initiative.
682
01:38:51.810 --> 01:39:04.779
Community Hall: We… I support districts implementing a comprehensive arts education, co-manage the Arts
at Connect grant to teachers with SV Creates, and also conduct the Young Artist Showcase every year.
68301:39:05.110 --> 01:39:23.420
Community Hall: This month, on March 7th, this Saturday, SCCOE and SV Creates will be partnering on the
first-ever arts education resource fair at RAFT, and we'll have a panel discussion about Prop 28, or Arts and Music in Schools.
684
01:39:23.420 --> 01:39:28.070
Community Hall: An ArtsEd Connect grantee panel discussion and a hands-on session.
68501:39:28.070 --> 01:39:30.920Community Hall: with Armando Castellano from Quinteto Latino.
68601:39:31.050 --> 01:39:48.309
Community Hall: So, and then coming up on March 20th, a bit earlier this year, is our fourth annual Vivo
Mariachi Showcase, at the Mexican Heritage Plaza theater, a celebration of Mexican music and dance, of
youth groups from our local school districts.
68701:39:48.310 --> 01:39:52.680Community Hall: on behalf of the Santa Clara County Office of Education, and as a former
688
01:39:52.680 --> 01:39:56.810
Community Hall: public school music student myself. Thank you for recognizing
68901:39:56.810 --> 01:40:01.669Community Hall: March as Youth Arts Month in Cupertino. Thank you so much, Sophia.
69001:40:01.870 --> 01:40:03.759
Community Hall: So, we have some…
691
01:40:04.420 --> 01:40:12.409Community Hall: We have some special guests here this evening from the 2025 Young Artist, Emerging Artist, and Distinguished Artist Award winners.
69201:40:12.630 --> 01:40:27.069
Community Hall: And we have the chair, Chair Wong, Chair Wang, and Vice Chair Aurora of the Arts and
Culture Commission that are… joined us here this evening and will, join us for the proclamation and the,
photographs. So we have
69301:40:27.070 --> 01:40:34.650Community Hall: Platinum Award winner Kushi, Silver Award winner Ling Shan, Gold Award winner Ivy.
694
01:40:34.650 --> 01:40:49.190
Community Hall: silver winner… I'm sorry, gold winner, Iris, who will join us on the dais. So, Council, please
join me as we present the proclamation to Sophia and take a photograph with the young artist and the Arts
and Culture Commission Chair and Vice Chair.
69501:40:57.230 --> 01:40:59.540
Community Hall: And… microphone.
696
01:41:00.580 --> 01:41:03.260
Community Hall: There should be one…
69701:41:08.570 --> 01:41:19.040Community Hall: And we've asked our award winners if they will bring their award-winning art pieces to share.
698
01:41:20.900 --> 01:41:22.879
Community Hall: So this is a special treat.
69901:41:23.130 --> 01:41:32.780Community Hall: Okay, thank you. So, for our proclamation, each March, art education is celebrated in local schools, school districts.
700
01:41:33.130 --> 01:41:44.129
Community Hall: community arts organizations and larger communities to increase support, understanding, and interest in art education. And I added a whereas to this proclamation this year.
70101:41:44.550 --> 01:41:46.100Community Hall: And…
702
01:41:46.480 --> 01:42:01.339
Community Hall: Whereas, engagement in the art significantly contributes to the mental health and social-emotional development of our youth, offering valuable pathways for self-expression, stress reduction, and the building of personal confidence.
70301:42:01.380 --> 01:42:11.289
Community Hall: I, Mayor Kitty Warren, the Cupertino City Council, do hereby proclaim this month of March
in the City of Cupertino as Youth Arts Month.
70401:42:11.880 --> 01:42:13.450Community Hall: Congratulations. Thank you.
70501:42:19.280 --> 01:42:20.779
Community Hall: Tina, I'm gonna have you over here.
706
01:42:21.530 --> 01:42:23.769Community Hall: Just keep in and out a little bit. Here we go.
70701:42:25.450 --> 01:42:31.110Community Hall: Councilmember Moana, moved it a little bit. Oh, no, you go back. Yeah, you go that way.
There we go, perfect.
708
01:42:31.480 --> 01:42:34.869Community Hall: And then you kind of move… yeah, there we go, just so I can see it, there you go, perfect.
709
01:42:36.170 --> 01:42:37.370
Community Hall: You know, hero bit.
71001:42:41.390 --> 01:42:42.970Community Hall: One more for fun.
71101:42:43.670 --> 01:42:45.399
Community Hall: Just make sure I can see that.
712
01:42:50.180 --> 01:42:53.630Community Hall: Alright, sweet. Can you tilt… tilt that thing, though? Yeah.
71301:43:01.180 --> 01:43:02.419Community Hall: Thank you so much.
714
01:43:31.750 --> 01:43:38.330
Community Hall: Okay, now we move on to postponements and orders of the day. Madam City Clerk, do we have any postponements and orders of the day?
71501:43:39.080 --> 01:43:43.619Community Hall: Mayor, we do have an item for postponements on the agenda this evening.
716
01:43:43.840 --> 01:43:54.119
Community Hall: Okay, so we would, I would move to continue this item, item 3, an update to the ATP to a future meeting date, and do I have a second?
71701:43:54.690 --> 01:43:58.060Community Hall: Thank you. Okay, a second from Councilmember Mohan.
718
01:43:58.190 --> 01:44:01.749
Community Hall: Madam City Clerk, will you please conduct the roll call vote?
71901:44:01.900 --> 01:44:03.519Community Hall: Councilmember Ferran? Aye.
720
01:44:03.790 --> 01:44:07.129
Community Hall: Councilmember Mohan? Yes. Councilmember Wong?
72101:44:07.400 --> 01:44:08.030R "Ray" Wang, Councilmember: Aye.
72201:44:08.860 --> 01:44:10.280Community Hall: Vice Mayor Chao?
723
01:44:10.400 --> 01:44:26.130
Community Hall: Aye. Mayor Moore? Aye. The motion cares unanimously. Right, thank you. Our next item is
oral communications. Oral communications is for items not on the agenda. Madam City Clerk, do we have any members of the public who would like to speak on an item not on the agenda?
72401:44:26.130 --> 01:44:33.189Community Hall: Mayor, I do see some… several requests to speak for oral communications. Okay, given that we are…
725
01:44:33.310 --> 01:44:40.429Community Hall: Already several minutes behind schedule. Did you have a complete tally of those speaker cards?
72601:44:40.830 --> 01:44:52.770Community Hall: I'm seeing one request in person, and three… no, sorry, four hands raised virtually. So, 15
minutes? Yeah. May we limit it to 2 minutes for this? 2 minutes? Okay. Okay.
72701:44:54.160 --> 01:45:17.259Community Hall: So this portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council, and not on the agenda for discussion. Rural communication shall be limited to 30 minutes. Additional speakers wishing to comment on non-agenda items may be given time to speak at the end of the agenda after the City Manager's report. Individual speakers are limited to 3 minutes, as tonight will be limited to 2 minutes. As necessary, the chair
728
01:45:17.330 --> 01:45:19.689
Community Hall: May a further limit the time allowed.
72901:45:19.690 --> 01:45:39.290Community Hall: to individual speakers, or reschedule remaining comments at the end of the meeting on a first-come, first-served basis with priority given to students. In most cases, state law prohibits the Council
from discussing or making any decisions with respect to a matter not listed on the agenda. A council
member may, however, briefly respond to statements made or questions posed by a speaker. A council
member may also ask
73001:45:39.290 --> 01:45:50.320Community Hall: a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.
731
01:45:50.530 --> 01:46:04.820
Community Hall: Members of the public wishing to speak regarding an item on the… on oral communications, shall submit a request to speak or raise their hand virtually within the first 9 minutes, or the start of public comments, or before public comment period is closed, whichever comes first.
73201:46:05.030 --> 01:46:08.350Community Hall: So at this time, we will welcome Jennifer Griffin.
733
01:46:21.670 --> 01:46:45.179
Community Hall: Pardon, before… I'd like to get applause. One moment, Jennifer, a little more
housekeeping. So we… we did applause during our ceremonial items for the rest of the meeting. Applause is, is really discouraged. We want to make sure that other individuals feel comfortable speaking who might not, share your views. So, please be mindful of that.
73401:46:45.180 --> 01:46:46.439Community Hall: Thank you.
735
01:46:46.480 --> 01:46:58.040Community Hall: Jennifer? Yes, thank you. I wanted to start out… I had sent you all an email that I had received from the City of Santa Clara. This was for a community meeting.
73601:46:58.100 --> 01:47:04.669Community Hall: That occurred last Wednesday at the Super. I'm gonna mispronounce this, Kaio Po.
737
01:47:05.000 --> 01:47:15.969Community Hall: shopping center, I apologize, it's KYO-P-O, and it's at the intersection of Lawrence Expressway and Homestead Road, next to McDonald's.
73801:47:16.090 --> 01:47:18.759Community Hall: And I was,
739
01:47:19.200 --> 01:47:33.159Community Hall: very encouraged that, Santa Clara had reached out to people that were interested, because I obviously was… I have… I get a lot of emails from City of Santa Clara notifications, and
74001:47:33.160 --> 01:47:40.880Community Hall: I wanted to attend this because I live near the eastern end of the city, and I shop in Santa
Clara, Sunnyvale.
74101:47:41.230 --> 01:47:47.300Community Hall: West San Jose, and of course, Cupertino around in those areas, and
74201:47:48.020 --> 01:47:55.190Community Hall: Am I just at zero? Oh. I was late to start it, I lost it. Okay, thank you. I'll go quickly.
743
01:47:56.330 --> 01:48:10.259Community Hall: This is an SB330 project for Santa Clara, townhouses, condos, and it's also a housing element site for Santa Clara. The main problem is, okay, it's Pulte Homes.
744
01:48:10.260 --> 01:48:16.890Community Hall: And they had nice-looking condos there, no retail… a very small retail, 5,000 square feet.
745
01:48:16.890 --> 01:48:20.690
Community Hall: They're losing 64,000 square feet of retail.
74601:48:20.700 --> 01:48:29.259Community Hall: 10 active retail sites, mom and pops, they are being kicked out completely. Those, those,
74701:48:29.510 --> 01:48:42.670
Community Hall: retail shops there have had no notice. The owner of the supermarket came into the
meeting and said he was never told about it. They're just being cut off. Can we provide any support
74801:48:42.670 --> 01:48:50.820Community Hall: It's mainly an Asian shopping center. I'd like to see if Cupertino can reach out to give them a home. Thank you. Thank you, Jennifer.
749
01:48:50.890 --> 01:48:53.440
Community Hall: Next, we have Rhoda Fry. Welcome, Rhoda.
75001:48:53.810 --> 01:49:13.280Community Hall: Hi, good evening, Councilmembers. You already have my written communication for this evening. I hope you can read it, and for the benefit of the public, I'm going to go over the points that I have in my written communication. As many of you know, I was honored by a Public Safety Award for… from the City, from the CERT program.
751
01:49:13.280 --> 01:49:15.900
Community Hall: No, Crest, sorry, not CERT CREST.
75201:49:15.900 --> 01:49:22.739Community Hall: All these acronyms. Anyway, talking about the project on Linda Vista. Drive.
753
01:49:23.220 --> 01:49:28.430
Community Hall: At the time that that project was approved for 51 units.
75401:49:30.480 --> 01:49:34.219Community Hall: It was not in a high… very high fire zone.
755
01:49:34.450 --> 01:49:38.359
Community Hall: And it is now. The state reclassified that property.
75601:49:38.800 --> 01:49:43.359Community Hall: Very high fire safety zone is the highest.
757
01:49:43.900 --> 01:49:47.310Community Hall: the tippy top that we have in the state of California.
758
01:49:47.950 --> 01:49:52.959
Community Hall: I don't think that this body would have voted for that project in a…
75901:49:53.100 --> 01:50:01.780Community Hall: very high fire safety phone, so… so… I think we need to…
76001:50:02.070 --> 01:50:06.040
Community Hall: Walk this back, and do what we can to walk this back.
761
01:50:06.430 --> 01:50:08.959Community Hall: Because, you know, CAL FIRE talks about
76201:50:09.500 --> 01:50:15.639Community Hall: Needing to have 30 feet… 30 to 100 feet of defensible land.
763
01:50:15.910 --> 01:50:17.899
Community Hall: They've got 10.
76401:50:18.630 --> 01:50:32.240Community Hall: They've got 10. Not only that, I haven't seen anything about evacuation. Within a few hundred feet of that property, we've got about over 5% of our population
765
01:50:32.400 --> 01:50:39.310
Community Hall: in those schools. 3,200 students in those schools, and you've got teachers and staff, etc.
76601:50:39.970 --> 01:50:42.589Community Hall: Maybe that building won't build fault.
767
01:50:42.950 --> 01:50:46.099
Community Hall: Burn down if there's a fire. But…
76801:50:46.390 --> 01:50:51.210Community Hall: How many people won't get out alive because y'all haven't…
769
01:50:51.750 --> 01:50:55.159
Community Hall: dotted your I's and crossed your T's, so please do what you can.
77001:50:57.270 --> 01:50:58.640Community Hall: Pardon?
771
01:50:59.050 --> 01:51:02.559Community Hall: A reminder to please don't block the doorways. Thank you.
772
01:51:04.370 --> 01:51:20.890
Community Hall: Okay, we have some more requests to speak in person. Mark Fantozzi, followed by, Dare
Cheng Khan and Alice Lin, followed by Chris Satterly… Saterley. Welcome, Mark.
77301:51:21.010 --> 01:51:35.999Community Hall: Thank you. I'm here speaking about the Summerhill project on the Court. We were disappointed with the Planning Commission recommendation, but we are even more disappointed in the lack of transparency.
774
01:51:36.170 --> 01:51:44.629
Community Hall: The planning staff left out a key document from public record, which the Planning Commission relied upon in making their CEQA exemption.
77501:51:44.870 --> 01:51:51.009Community Hall: This seems to be a pattern here, going back to the upzoning of this property.
776
01:51:52.540 --> 01:52:11.029
Community Hall: I submitted a written communication to the Planning Commission. I assume you have access to that, which cited a number of violations and waivers that are not appropriate. I suggest you read that. If this project is coming before you.
77701:52:11.060 --> 01:52:12.750Community Hall: In a couple of weeks.
778
01:52:12.990 --> 01:52:20.129Community Hall: We are also going to provide additional evidence in case law which will support denial of this project, or at the very least.
77901:52:20.320 --> 01:52:33.459Community Hall: a redesign and a full CEQA requirement analysis for this project. There are serious issues
with this, being in a fire… a very high fire zone. And I would like to add, finally, that
78001:52:33.460 --> 01:52:41.699Community Hall: The one thing that nearly everyone has in common who supports these Housing Netherlands projects is that they don't live in that neighborhood.
78101:52:41.970 --> 01:52:51.320
Community Hall: And that is a serious, serious issue that, again, this is, a Soviet-style housing requirement
here that we're dealing with. Thanks.
78201:52:53.190 --> 01:52:54.350Community Hall: Thank you.
78301:52:55.550 --> 01:52:58.090Community Hall: Next, we have,
784
01:52:58.250 --> 01:53:12.750
Community Hall: Durcheng Khan and Alice Lin, are you guys speaking as a group today? Yep. Okay. You are
putting the projector here. So, well, I will take you a tour to my neighborhood. This, again, is about the Summerhill project.
78501:53:13.080 --> 01:53:17.420Community Hall: So, if you can't see the projector here, this is my neighborhood.
786
01:53:18.040 --> 01:53:23.479
Community Hall: Here's, the, Avalich port. And my house is right here.
78701:53:23.640 --> 01:53:35.180Community Hall: Mark's house is on the left, and if you look at this, this is from the Mark's house. Look down to the north, and you can see this is the, Avalanche Court.
788
01:53:35.770 --> 01:53:37.749
Community Hall: So, why does this matter?
78901:53:39.180 --> 01:53:48.650Community Hall: So I did the, impressionless approach, and tried to do the mock-up of what this project looks like. So you're going to have the three-story
790
01:53:48.840 --> 01:53:49.980
Community Hall: buildings.
79101:53:50.160 --> 01:53:53.419Community Hall: Tells of them, okay? 50 feet high.
792
01:53:53.600 --> 01:53:55.469
Community Hall: Look down to the neighbors.
79301:53:55.780 --> 01:54:05.129Community Hall: Backyard, swimming pool, all this privacy issues. I just don't understand why Citi will even accept this scene at Cupertino.
794
01:54:05.520 --> 01:54:08.440
Community Hall: It just puts you all the way back to the third world country.
79501:54:10.520 --> 01:54:13.950Community Hall: And just look at this, a nearer, nearer strip in the middle.
79601:54:14.190 --> 01:54:17.589Community Hall: Okay? This is the exit of the 51 unit.
797
01:54:18.550 --> 01:54:19.770
Community Hall: So, what that mean?
79801:54:20.900 --> 01:54:27.139Community Hall: I think people are all familiar with this, the, revised fire map after 2025 fire, okay?
799
01:54:27.460 --> 01:54:33.159
Community Hall: And, Councilor Mohan, I think you are very familiar. You are just right at the edge of the
red zone.
80001:54:33.890 --> 01:54:43.279Community Hall: So… Here we have close to 150 units in this trip, just this strip here.
801
01:54:43.950 --> 01:54:49.090
Community Hall: Okay? After, at the 51 units, it becomes 205.
80201:54:49.360 --> 01:55:04.210Community Hall: It's incredible, incredible. In a very, very narrow, less than 50 acres. What's the Linda… what's the, Pacific Palisade fires telling us? 20 minutes, spread, 200 acres.
803
01:55:07.820 --> 01:55:10.909
Community Hall: Okay, so just to envision the following.
80401:55:11.660 --> 01:55:17.059Community Hall: a fire coming from the either west, south, or southwest. We did all the modeling.
80501:55:17.310 --> 01:55:21.190
Community Hall: Try to see how fast we can evacuate from this dead zone.
806
01:55:21.390 --> 01:55:29.970Community Hall: Okay? With today, 30 minutes or less. If you add 51 units, just think about this, it's saturated entirely in the Vista street.
80701:55:30.390 --> 01:55:38.160
Community Hall: And the 51 units of a car have to jam, merging into the over-saturated street. That is going
to be 90-plus minutes.
80801:55:39.350 --> 01:55:42.129Community Hall: Okay, it's a life and death decision you are going to make.
809
01:55:44.090 --> 01:55:46.750Community Hall: And I was very encouraged last week.
810
01:55:46.880 --> 01:55:54.059
Community Hall: in the, Mayor's, the, the city of, the State of the City speech, I use this page here.
81101:55:54.210 --> 01:56:05.060Community Hall: Particularly talk about Protecting Cubertino's interests. Talk about local control must be actively defended.
812
01:56:05.430 --> 01:56:06.840
Community Hall: not assumed.
81301:56:06.990 --> 01:56:09.140Community Hall: Truly appreciate. Mayor.
81401:56:11.730 --> 01:56:13.309
Community Hall: This is what I did.
815
01:56:13.450 --> 01:56:15.400Community Hall: Just 4 o'clock today.
81601:56:16.290 --> 01:56:22.659Community Hall: I'm at 1047, 104… 847 in Davis Drive. Look at the deer.
817
01:56:23.420 --> 01:56:24.760
Community Hall: Thank you, that is your time.
81801:56:25.330 --> 01:56:30.149Community Hall: They don't even clean the str… Next, we have, Chris. Welcome, Chris.
819
01:56:39.460 --> 01:56:54.670
Community Hall: My name is Chris Satterly. I spoke here at the meeting last July 1st, advocating a sound
attenuation solution for the Memorial Park Pickleball courts. It's been 8 long months, but I received the great news today that the project has been added as a proposed
82001:56:54.670 --> 01:57:06.760Community Hall: capital improvement project for Council Approval. As you all know, the wind loading
analysis showed that the existing fence would not… Pardon? That is an agendized item. I mostly just want to
thank some people, I don't want to…
82101:57:07.880 --> 01:57:14.330Community Hall: You… you may thank individuals, but please don't speak to the CIP item.
822
01:57:15.970 --> 01:57:23.770Community Hall: Okay, catch me if I am stepping over that boundary, but, so, I…
823
01:57:24.280 --> 01:57:33.560
Community Hall: Anyway, I want to thank Director Chad Mosley of Public Works for sharing the information
and calculations so my brother-in-law, John Lawson, could do an independent analysis.
82401:57:33.760 --> 01:57:40.589Community Hall: And I just happened to have the good fortune that my sister married a professor of structural engineering. John did confirm the conclusion.
825
01:57:40.730 --> 01:57:44.229
Community Hall: He also came up with a proposed solution that would minimize the cost.
82601:57:44.430 --> 01:57:55.910Community Hall: I want to say Chad was great. He met with me for an hour at the courts one rainy morning during Christmas week, and I came away 100% convinced that he truly wanted to see the problem solved, so thank you, Chad.
827
01:57:56.250 --> 01:58:01.370
Community Hall: This is the best solution for the pickleball noise problem.
82801:58:01.390 --> 01:58:13.769Community Hall: And we hope things can move forward quickly now, and I do, most of all, want to thank the neighbors for being so unbelievably patient. We've been… we have the utmost empathy for what they have had to endure.
829
01:58:13.770 --> 01:58:22.399Community Hall: And I want to thank Parks and Rec Director Sander for helping advocate for this solution, and City Manager Kapoor for being open to community input.
83001:58:22.400 --> 01:58:29.420Community Hall: And last but not least, I want to thank my brother-in-law, John, for putting in many hours
of his time, all pro bono.
83101:58:29.420 --> 01:58:48.379Community Hall: So let's get this thing done. I probably shouldn't have said that, but… Thank you, hope you stick around for item 11. Have any idea what time of day that's gonna be? After midnight, probably. That's what I thought. Thank you, Chris. Mayor, we'll move to the request to speak, virtually. We have 6 hands raised.
832
01:58:48.540 --> 01:58:55.380
Community Hall: We are past the 9-minute, cutoff to raise your hand, so at this time, we are going to
welcome Lisa Warren.
833
01:58:58.340 --> 01:58:58.939
Lisa Warren: Thank you.
83401:58:58.940 --> 01:58:59.700Community Hall: Welcome, Lisa.
835
01:59:00.280 --> 01:59:08.540Lisa Warren: Thanks. So, based on what was spoken at the special meeting tonight, I just want to please
83601:59:08.760 --> 01:59:13.280Lisa Warren: To urge you to seriously consider the reality of
837
01:59:13.830 --> 01:59:31.680
Lisa Warren: current and future projects that would re-engineer our streets and roads for various modes of transportation. We need to consider that the city could have far more automobiles from in and out of our own city. We're going to blow up the number, the percentage of buffer.
83801:59:32.400 --> 01:59:33.980Lisa Warren: we're already…
839
01:59:34.120 --> 01:59:44.620Lisa Warren: You know, once you do that, you can't tell someone they can't build what you've zoned for, so we can ultimately be building on what the state's disastrous numbers are.
84001:59:45.470 --> 01:59:54.579Lisa Warren: out of need, I get it, but you've also got to consider, if all of this stuff is built, once this is
reconfigured.
84101:59:55.800 --> 02:00:04.139Lisa Warren: and other cities near us are having to do the same thing. We're gonna end up with far more than we started with a few years back.
84202:00:04.860 --> 02:00:24.789
Lisa Warren: And that means more people, more traffic. People love to cut through our major roadways. So,
some of the ideas for road improvements for safety on… for bicyclists, you know, scooters, and 15 other
things besides cars and buses,
84302:00:25.090 --> 02:00:36.779Lisa Warren: will become more of a problem if you narrow streets. So, maybe the plans we already have are obsolete, and we really need to be on top of that and not be thinking of those
844
02:00:37.330 --> 02:00:43.829
Lisa Warren: improvements in a silo, knowing what the avalanche could bring.
84502:00:44.040 --> 02:00:46.080
Lisa Warren: And that's it. Thank you.
846
02:00:48.630 --> 02:00:49.620
Community Hall: Thank you, Lisa.
84702:00:50.560 --> 02:00:53.640Community Hall: Next, we have Colin User 2.
848
02:00:54.930 --> 02:00:57.360
Community Hall: Welcome, call in user 2.
84902:01:02.150 --> 02:01:09.190Call-In User_2: Dear Councilmembers, guests, as confirmation for the new order of the leadership.
850
02:01:09.270 --> 02:01:18.840
Call-In User_2: And, actually, last time I was planning to talk, I think, more functions of the Zoom. So, our
mission is to…
85102:01:18.840 --> 02:01:36.640Call-In User_2: we request the immediate return of all property in the beginning was taken in front of us, and, in, 2016, and, N of 2016, and also N of 2021, a typical end of 2021, which is, unnoticed.
852
02:01:36.750 --> 02:01:39.889
Call-In User_2: And, contests by supplies as well.
85302:01:39.890 --> 02:02:03.259Call-In User_2: Additionally, we also ask that all the sanctions and any prosecutional, overreach, both to date and ongoing, be lifted as soon as possible, because that's an extremely long time, and, nothing like that, for that many years as well. And I know this city is powerful, and they have… they can, build that many units.
854
02:02:03.530 --> 02:02:17.640
Call-In User_2: And also, both of the staff and the budget, but just like the nations, powerful for the nation and the city, not just by the budget, by how many people they employ, how many units they build, and also.
85502:02:17.930 --> 02:02:34.040Call-In User_2: and also about to protect, protect the dignity of the students, communities, individuals, and,
justice affairs, and all this stuff. It's all together. So MLC mission is the mission of the city, is,
856
02:02:34.040 --> 02:02:43.259Call-In User_2: because there's, so far, during the COVID, there's a lot of, direct communications, but a lot of us lost, and,
85702:02:43.350 --> 02:03:06.700
Call-In User_2: And most concerning is the fact that long-term residents have not had any opportunity to
meet with the city leadership in person for years. I mean, typically, or a family member, me, and maybe a lot
of other citizens, residents in the city. This disconnect doesn't reflect the value or mission of the city to serve
its community with transparency, accountability.
85802:03:06.700 --> 02:03:07.390TELEPHONE_USER: T, and…
859
02:03:08.660 --> 02:03:10.300Community Hall: Thank you, that is your time.
86002:03:10.410 --> 02:03:13.039Community Hall: Next, we have San Rao. Welcome, San.
861
02:03:15.720 --> 02:03:32.759
San Rao: Good evening, Mayor Moore, Councilmembers, and Planning Commissioner, speaking on behalf of myself only as a resident. I had a chance to look at the future agenda items. Thank you for publishing that. It runs all the way till May. I was dismayed that there was really nothing of substance all the way till May, so half the year, and we would accomplish
86202:03:32.920 --> 02:03:36.079
San Rao: Nothing other than the hearings that come to us reactively.
86302:03:36.320 --> 02:03:41.610San Rao: I request Council to agendaize the return of the fourth lane to De Anza Boulevard.
86402:03:41.770 --> 02:03:48.030San Rao: I request Council and, along with you, the City Manager, to stand between 5.30 and 6 p.m.
865
02:03:48.080 --> 02:04:05.899San Rao: at the various intersections at De Anza Boulevard, you will see that the lanes back up all the way to the next traffic light. You will see that the east-west traffic is unable to make right turns, and the lanes themselves are extremely crowded. And anybody telling you otherwise.
86602:04:06.200 --> 02:04:10.130
San Rao: is not… Understanding the sentiment of
86702:04:10.320 --> 02:04:22.180San Rao: our automotive commuters, and that is not just Cupertino residents, but also the through traffic that is trying to get to Saratoga and back home, trying to get to West San Jose and back home. I urge
86802:04:22.560 --> 02:04:32.609
San Rao: council members to put back on the agenda the resumption of the fourth lane on De Anza
Boulevard. There are no cyclists on that road, there should never have been, and this is…
86902:04:32.940 --> 02:04:45.409San Rao: a lane that we needed, and we had, and it was removed without due process. This is the year of
good governance. Let's see that in practice by bringing back the fourth lane on Bienza Boulevard, I request
any council member to
87002:04:45.630 --> 02:04:47.400San Rao: Propose the agenda
871
02:04:47.570 --> 02:04:52.189San Rao: edition, and I hope we will get a second, and I sure hope we will get a third.
87202:04:52.580 --> 02:05:02.120San Rao: Secondly, I was a little horrified to see the discussion in the last meeting around the housing element site additions. What have you not learned from Evelit?
873
02:05:02.570 --> 02:05:10.230San Rao: What happened with Evilich was that the city reached out to the parcel owners. Where a parcel owner agreed, the city moved ahead.
87402:05:10.940 --> 02:05:17.390San Rao: What we need to do is to first assess whether the parcel is in a neighborhood that is appropriate
for that kind of density.
87502:05:17.980 --> 02:05:29.549San Rao: So when I heard in the last conversation that there's a site on Bub, and there's a site somewhere else, and the parcel owner showed interest, yes, if it's on Stevens Creek, Indiana, yes. But if it's on Bubb, no.
87602:05:29.720 --> 02:05:30.919
Community Hall: Thank you, San.
87702:05:31.560 --> 02:05:34.940Community Hall: Next, we have David Y. Welcome, David.
87802:05:37.760 --> 02:05:48.459David Y: Council members, good evening. Like my neighbors who attended in person, I'm also speaking on
the topic of Evelich, and I want to put two things on the record.
87902:05:48.560 --> 02:05:54.729David Y: with the great hope that Council will act on them. Let's start with evacuation. As my neighbor…
88002:05:55.370 --> 02:06:03.340David Y: In his study, it takes 93 minutes to clear the neighborhood in a wildfire emergency. The safe
threshold
88102:06:03.450 --> 02:06:09.389David Y: that we learned from the Palisades fire is 30 minutes and or less.
882
02:06:09.750 --> 02:06:18.429David Y: As we saw in last week's Planning Commission, the city never ran its own analysis. No study, no model, no number.
883
02:06:18.800 --> 02:06:27.319
David Y: in the record. And this evacuation problem is what's happened to this neighborhood. These next
two findings
88402:06:27.430 --> 02:06:33.639David Y: are really what made it possible. Let's first start with the road width. The state fire code
885
02:06:33.800 --> 02:06:45.870
David Y: requires wider access roads when buildings exceed a certain height. Wider roads means fewer
units, and this project depended on staying under that threshold. I challenged
88602:06:45.870 --> 02:06:58.920David Y: the measurement at the hearing, at the PC meeting, the fire marshal acknowledged that the initial measurement was wrong. He said his staff re-reviewed it verbally. There was nothing corrected, nothing submitted, nothing on the record.
887
02:06:59.180 --> 02:07:09.569David Y: Secondly, the developer's architect showed a drawing on a projector of one building in one angle. There are nine buildings on the site. There is nothing on the record.
88802:07:09.730 --> 02:07:21.569David Y: No commissioner reviewed that. The second involves just a state exemption that allowed the
project to reduce the required setback from 30 feet to 10 feet. 20 feet of defensible space was lost.
88902:07:21.700 --> 02:07:34.949David Y: To use that exemption, the developer needed a safety sign-off demonstrating equivalency. At the hearing, a document was put on an overhead projector in real time after hearing the objection. It was in fine print.
890
02:07:35.210 --> 02:07:39.160
David Y: Nobody… nobody actually had reviewed that record.
89102:07:39.280 --> 02:07:45.460David Y: So… you know, those both are project-changing, and I asked the Council to look at this with.
89202:07:47.070 --> 02:07:50.780
Community Hall: Thank you. Next, we have Luis Sadotti. Welcome, Louise.
89302:07:55.420 --> 02:07:57.050Louise Saadati: Hello, can you hear me?
894
02:07:57.690 --> 02:07:58.759Community Hall: Yes, we can.
895
02:07:58.880 --> 02:08:03.239
Louise Saadati: Okay, awesome. So,
89602:08:03.580 --> 02:08:14.699Louise Saadati: Cupertino for All is an organization that believes that there's been… there is a severe housing crisis, and that Cupertino is not exempt from its effects.
897
02:08:15.200 --> 02:08:23.850
Louise Saadati: We have a responsibility to be a good regional partner and mitigate the drastic effects that
the crisis has on families across the Bay Area.
89802:08:24.440 --> 02:08:29.660Louise Saadati: We have a crucial role to play as a jobs-rich center.
899
02:08:30.210 --> 02:08:42.090
Louise Saadati: The region has been growing for decades, that's a reality, but we have failed to adapt
accordingly by building the necessary housing and transportation services to accommodate this growth.
90002:08:42.940 --> 02:08:47.510Louise Saadati: I applaud the Council for, trying to move,
901
02:08:47.780 --> 02:09:00.989
Louise Saadati: add more housing, to meet the housing element for below market. Our values are
compassion, respect, empathy, socioeconomic justice, diversity and inclusion.
90202:09:01.110 --> 02:09:16.849Louise Saadati: Housing as a right, democracy and good governance, environmental sustainability, and protecting tenants. Anybody can join our, be… in our membership, by going on Google and,
903
02:09:17.240 --> 02:09:35.209
Louise Saadati: Typing in Cupertino for All, and you will see on our website, what our objectives are, and
that, I have found this organization to be full of compassion and, caring about, inclusion.
90402:09:35.280 --> 02:09:41.940Louise Saadati: and socioeconomic Justice, and exactly what I have outlined as the values.
905
02:09:42.060 --> 02:09:56.329
Louise Saadati: And the, what I said in the beginning was a quote from the Cupertino for All website. So, if,
people are interested, just go, Google Cupertino for All, and,
90602:09:56.530 --> 02:10:02.510
Louise Saadati: There, you can join… There is a mechanism for you to join the membership. Thank you!
907
02:10:02.820 --> 02:10:09.129
Community Hall: Thank you, Louise. Our last speaker this evening on the oral communications is Vikram. Welcome, Vikram.
90802:10:13.860 --> 02:10:24.929Vikram Saxena: Good evening, City Council. I hope all of you are doing well. I am talking to you about, the
Planning Commission decision last week about the Evilch Court property.
909
02:10:25.140 --> 02:10:34.449Vikram Saxena: Quite honestly, last week's Planning Commission meeting was a bit scary, because what we saw was a complete breakdown of process.
91002:10:35.030 --> 02:10:38.419
Vikram Saxena: The city is granting a CEQA exemption to a project.
911
02:10:38.660 --> 02:10:43.040Vikram Saxena: In an area which has been classified as a very high fire hazard safety zone.
91202:10:43.520 --> 02:10:50.189Vikram Saxena: Without the documentation which was used to grant that exemption being part of a public
record.
913
02:10:50.290 --> 02:10:57.680Vikram Saxena: or part of the packet available to the commissioners, or on the agenda. We had a very unique situation where we had one commissioner
91402:10:57.900 --> 02:11:08.010
Vikram Saxena: ask, what the… where the document is, and it was projected on the screen, and the
commissioners basically said that you're asking me to vote for something.
91502:11:08.150 --> 02:11:09.910Vikram Saxena: Which I have not even read.
91602:11:10.280 --> 02:11:15.949
Vikram Saxena: The Planning Commission still passed it, which is still beyond my understanding why.
917
02:11:16.060 --> 02:11:22.570Vikram Saxena: How could we pass something where the sole basis of the exemption was not even available for public?
91802:11:23.240 --> 02:11:27.629
Vikram Saxena: I think the setting part which I want to highlight is,
919
02:11:27.900 --> 02:11:36.149Vikram Saxena: The access of people in that area to the documentation about the building has been severely restricted.
920
02:11:36.270 --> 02:11:50.310
Vikram Saxena: City staff is not releasing documents about the development, including height, about fire
safety, and any other aspects which the neighborhood residents would want to know more about.
92102:11:50.500 --> 02:11:57.510Vikram Saxena: I think this lack of transparency is a bit surprising, because we have been known to be very transparent
922
02:11:57.580 --> 02:12:14.800
Vikram Saxena: And a lot of the current council members ran on that thing that we want to be transparent and upfront about what's happening, and it looks like the city staff is using copyright laws to limit public access to what could be a safety and health issue.
92302:12:17.700 --> 02:12:25.130Community Hall: Thank you, Vikram. Mayor, that concludes the request to speak under oral communications.
Okay, thank you so much, Madam City Clerk.
92402:12:25.300 --> 02:12:41.609Community Hall: So we did have some state law changes regarding access to plans. Would, Madam City Attorney like to, comment on that so the public is aware? Because it is very frustrating to not be able to have the whole plan set in the package, like it used to be.
925
02:12:41.910 --> 02:12:55.660
Community Hall: The courts have ruled that, the architectural plans are copyrighted material, and so the city
is unable to provide access to those electronically because they're just too easy to share.
92602:12:55.660 --> 02:13:03.259Community Hall: And so, hard copies here at the City are available for people to review, but otherwise, the architectural plans cannot be shared.
927
02:13:03.400 --> 02:13:10.269
Community Hall: Okay, and I'll take this offline, but we can have some schematics shown. Okay.
92802:13:12.010 --> 02:13:26.079Community Hall: Vice Mayor, your hand is raised, but I believe it's from the prior item? Okay. Okay, so thank you, Madam City Clerk. Our next item is the consent calendar. Have any items been pulled from consent, or do any members of the Council wish to pull a consent item?
929
02:13:27.840 --> 02:13:34.549
Community Hall: Okay, seeing none, are there… Madam City Clerk, are there any members of the public who would like to speak on the consent calendar?
930
02:13:34.750 --> 02:13:44.650Community Hall: I don't have any requests to speak in person, and I do not see any requests… no hands raised virtually, Mayor. Okay. Do any members of the Council wish to speak on this item?
931
02:13:45.570 --> 02:13:49.669
Community Hall: Not seeing any. Do we have a motion to move the consent calendar?
93202:13:50.660 --> 02:14:01.469Community Hall: So moved. And a second? Second. Okay, so we've moved by Councilmember Fruen and seconded by Councilmember Mohan. Madam City Clerk, will you please conduct the roll call vote?
933
02:14:01.680 --> 02:14:03.040
Community Hall: Councilmember Fruen?
93402:14:03.740 --> 02:14:06.420Community Hall: Aye. Councilmember Mohan? Aye.
935
02:14:06.640 --> 02:14:07.890
Community Hall: Councilmember Wong?
93602:14:08.110 --> 02:14:08.770R "Ray" Wang, Councilmember: Aye.
93702:14:09.430 --> 02:14:21.980
Community Hall: Vice Mayor Chao? Aye. Mayor Moore? Aye. The motion carries unanimously. Great, thank
you. Our next item is our public hearings, and we're going to begin with Item 7. It's a public hearing on the
abatement of weeds and fire hazards.
93802:14:22.350 --> 02:14:27.080Community Hall: Have any members of the Council had any ex parte communications they need to report on this item?
939
02:14:29.070 --> 02:14:32.390
Community Hall: Hearing none, Madam City Manager, do we have a report?
94002:14:34.280 --> 02:14:35.930Community Hall: Thank you, Mayor.
941
02:14:36.020 --> 02:14:49.399
Community Hall: This is the public hearing on the annual abatement of weeds and other fire hazards. The
hearing provides an opportunity for impacted property owners to contest the proposed abatement actions
before the City Council. We do have a very brief presentation tonight.
94202:14:49.400 --> 02:14:59.030
Community Hall: And I will turn it over to Lauren Sepudar, our City Clerk, who, in the interest of time, will be
foregoing the brief presentation and providing a verbal update for this item.
94302:15:01.740 --> 02:15:02.840Community Hall: Thank you.
944
02:15:03.450 --> 02:15:18.620Community Hall: So, Mayor and Councilmembers, the Weed Abatement Program is a monitoring program managed by the Santa Clara County Department of Agriculture. City Code Section 9.08 requires property owners to remove or destroy weeds or other fire hazards.
94502:15:18.850 --> 02:15:25.099
Community Hall: Owners are required to abate annually by April 30th of each year to maintain their
properties throughout the year.
94602:15:25.410 --> 02:15:29.089Community Hall: The purpose of the program is to reduce fire hazards and protect the community.
94702:15:29.490 --> 02:15:38.209
Community Hall: Properties that are not in compliance with biosafety standards are added to the program.
All impacted parcels remain on the list for 3 consecutive years and inspected annually.
94802:15:38.570 --> 02:15:44.610Community Hall: They are to correct violations within 2 weeks, or additional actions or costs may apply.
94902:15:44.740 --> 02:15:48.239
Community Hall: Compliant properties will only pay the annual inspection fee.
95002:15:48.910 --> 02:15:55.520Community Hall: If the parcels are found to be hazard-free according to the safety standards during that time, they will be removed.
95102:15:55.990 --> 02:16:00.619
Community Hall: Council's approval this evening is necessary to authorize the County to proceed with
abatement.
95202:16:00.910 --> 02:16:06.409Community Hall: Garrick is here from the county, who is the weed abatement Manager, and can answer any questions you may have.
953
02:16:07.770 --> 02:16:13.580
Community Hall: Alright, thank you, Madam City Clerk. Do my fellow Councilmembers have any clarifying
questions?
95402:16:13.830 --> 02:16:14.850
Community Hall: Of the county.
955
02:16:16.460 --> 02:16:25.960
Community Hall: Seeing none, Madam City Clerk, do we have any members of the public? We're opening up the public hearing. Do we have any members of the public who
95602:16:25.960 --> 02:16:37.849Community Hall: care to comment on this item? So, I don't have any requests to speak, but I believe there is
a member of the public who did want to speak, for our address 10213 Minor Place?
957
02:17:01.610 --> 02:17:07.540Community Hall: Hi, my name is Anne Chang, living in Cupertino, Minor.
95802:17:08.860 --> 02:17:18.179Community Hall: place. We are here for, reporting that we have, Clean up our,
959
02:17:19.680 --> 02:17:24.680
Community Hall: lawns, so that the, they're not overgrown, and,
96002:17:24.930 --> 02:17:33.030Community Hall: And, become a fire hazard. And, I just want you to show you that
961
02:17:33.850 --> 02:17:41.620
Community Hall: The reason that it didn't clean up is our, our, gardener…
96202:17:41.889 --> 02:17:56.849Community Hall: went on vacation and didn't tell us why we're also gone, and it grew old, and grew long. So, when we came back and saw this, we, hired another lawnmower.
963
02:17:56.900 --> 02:18:04.579
Community Hall: And clean it up for us. And this is the picture of what it looks like today. And I also call,
96402:18:09.900 --> 02:18:21.610Community Hall: Call our, our, santa Clara, county advisor, his name is,
965
02:18:22.110 --> 02:18:25.639
Community Hall: What's it? Your name? Gary. Gary.
96602:18:25.840 --> 02:18:30.289Community Hall: And he also gave me a good lesson, you know, don't…
96702:18:30.709 --> 02:18:46.890
Community Hall: ask your neighbor to help watching it out, or something like that, and that was a very good
lesson for us. So, I… we will learn a lesson, and we won't let that happen again. So I actually…
96802:18:47.040 --> 02:18:50.539Community Hall: Was wondering, since we really have a good,
969
02:18:50.770 --> 02:19:01.619
Community Hall: lesson from Garrett. Can we actually be released of this, period. And say.
97002:19:01.770 --> 02:19:04.710Community Hall: She's learned a lesson. They've learned the lesson.
971
02:19:07.950 --> 02:19:09.129
Community Hall: Okay.
97202:19:10.290 --> 02:19:11.049Community Hall: Pink.
97302:19:12.250 --> 02:19:12.920
Community Hall: Okay.
974
02:19:15.490 --> 02:19:16.719Community Hall: Thank you, Anne.
97502:19:16.879 --> 02:19:18.180Community Hall: Network.
976
02:19:18.920 --> 02:19:27.390
Community Hall: Mayor Garrick is here if you have any questions to address to him directly. Yes, Derek, is there some way to,
97702:19:27.490 --> 02:19:36.709Community Hall: provide some assistance for this homeowner with regards to this matter. What's, essentially
within our authority to do?
978
02:19:37.650 --> 02:19:44.090Community Hall: Yes, good evening, Mayor and City Council members. Garrett Giosilevsky with the County of Santa Clara Wheat Abatement Program.
97902:19:44.090 --> 02:20:08.810
Community Hall: It is your… up to your discretion tonight to determine whether or not to remove this
property owner from the weed abatement program list, or to keep them on the list tonight. I can just
provide some facts about our history with this property. In 2024, an inspector first identified this property of
having tall grass and weeds on their front lawn. They were added to the weed abatement program list at that
980
02:20:08.810 --> 02:20:15.249
Community Hall: time. Last year, 2025, was their first year on the list, and they did pass the inspection.
98102:20:15.250 --> 02:20:30.910Community Hall: So, given that, they would have 2 years remaining on the list for us to inspect annually. If
they pass the inspection for 2 additional years, then they would be removed from the list, unless you decide
to remove them from the list tonight.
98202:20:31.630 --> 02:20:36.230Community Hall: All right, thank you. So that would be something the Council would take a vote on.
98302:20:36.400 --> 02:20:43.929
Community Hall: Okay, so do we have any further, clarifying questions before I close the public hearing
portion?
98402:20:45.650 --> 02:20:46.900Community Hall: Councilmember Truan.
98502:20:47.920 --> 02:20:54.180
Community Hall: Yeah, could you just cover the reason why you typically keep a property on the list for 3
years?
98602:20:54.590 --> 02:21:06.659Community Hall: Yes. So, it was a policy that was put in place by my predecessor, who was the manager for the weed abatement program for 18 years. This is my second year in this role.
987
02:21:06.660 --> 02:21:21.659
Community Hall: The way he explained it to me is that when we see that a property is in compliance for 3
consecutive years, we have more confidence that they're going to continue maintaining it, versus if they are
out of compliance one year, in compliance the next, then sometimes we do see
98802:21:21.660 --> 02:21:29.169Community Hall: that they fall back out of compliance, and based on my experience so far, I have seen that happen.
989
02:21:34.400 --> 02:21:35.450
Community Hall: Vice Mayor?
99002:21:36.740 --> 02:21:47.759Community Hall: So, you say this policy is adopted by your predecessor, not, not, like, adopted by the Board of Supervisors?
991
02:21:49.540 --> 02:22:09.169
Community Hall: That is a good question. I'm not entirely sure where the policy came from, when it was first adopted. It may have been by the Board of Supervisors sometime in the past. I don't have the complete history on that. This is just how it was explained. I think it does make sense if someone violated the first
time.
992
02:22:10.120 --> 02:22:19.170
Community Hall: they get a warning, then they… we don't automatically put them on a program for 3 years. Maybe they should be allowed to
99302:22:19.390 --> 02:22:25.990Community Hall: promised to, to, to follow the… to, to abate it. I think they learned that.
994
02:22:26.430 --> 02:22:33.349
Community Hall: This current policy doesn't allow that, but a city council could choose to
99502:22:33.770 --> 02:22:36.169Community Hall: To remove them from the program.
996
02:22:36.660 --> 02:22:52.270
Community Hall: Yeah, that's a very good point, and actually, when I first started in this role, I did institute a
new policy where when we find a property out of compliance for the first time, we do now send them a warning letter, giving them 2 weeks to correct the violation before they're added onto the list.
99702:22:52.270 --> 02:22:59.289Community Hall: This property in particular was added before I had implemented that policy, so…
998
02:22:59.370 --> 02:23:17.880
Community Hall: they were added right away when the inspector saw them out of compliance. I see, thank you. I think two weeks might be too short if a property owner is on a vacation or out of the country. I'm not sure if they would have gotten the letter in time, but thank you for adopting
99902:23:17.930 --> 02:23:20.509
Community Hall: Of, more lenient policy.
1000
02:23:20.730 --> 02:23:21.460Community Hall: Of course.
100102:23:23.810 --> 02:23:28.499Community Hall: Okay, thank you. Are there any further clarifying questions from the Council?
1002
02:23:29.320 --> 02:23:31.570
Community Hall: Not seeing any hands raised.
100302:23:31.710 --> 02:23:36.000Community Hall: Okay, so the public hearing's closed. Would anyone care to make a motion on this item?
1004
02:23:39.780 --> 02:23:42.790
Community Hall: I move that we adopt resolution number…
100502:23:43.370 --> 02:23:47.469Community Hall: 26-023, ordering the abatement of,
1006
02:23:47.980 --> 02:23:59.540
Community Hall: Public nuisance from weeds or other fire hazards pursuant to provisions of Cupertino Municipal Court Code Chapter 9.08 and Resolution Number 25-101.
100702:24:00.880 --> 02:24:11.369Community Hall: Thank you. Councilmember Mohan, were you interested in, excusing the property owner from the remaining time on the list?
1008
02:24:14.970 --> 02:24:15.910Community Hall: Yes.
100902:24:16.800 --> 02:24:20.059Community Hall: So, will you add that to your motion?
1010
02:24:20.700 --> 02:24:29.009
Community Hall: Okay, what's… how… To include… Perhaps the attorney could add some language for us.
101102:24:29.880 --> 02:24:47.429Community Hall: To add, that… What's the address? I don't know the address. Oh, the minor address. Address is 10213 Minor Place. It is parcel number 31626065. So, 10213 Minor Place?
1012
02:24:47.430 --> 02:24:48.570
R "Ray" Wang, Councilmember: Yes. Exempt.
101302:24:48.780 --> 02:24:57.699Community Hall: That that property be removed from, the list, for re-inspection each year, and that, the recommended action
1014
02:24:59.060 --> 02:25:08.460
Community Hall: Second. Okay, that's been accepted by Councilmember Mohan, seconded by Vice Mayor,
101502:25:09.710 --> 02:25:13.050Community Hall: Do we have any other comments from the Council? Councilmember Fuen?
1016
02:25:13.150 --> 02:25:17.120
Community Hall: No? Okay, Madam City Clerk, will you please conduct the roll call vote?
101702:25:17.340 --> 02:25:19.259Community Hall: Councilmember Bruin? Aye.
101802:25:19.370 --> 02:25:22.720Community Hall: Councilmember Mohan? Aye. Councilmember Wong?
1019
02:25:23.060 --> 02:25:23.720
R "Ray" Wang, Councilmember: Aye.
102002:25:23.790 --> 02:25:30.790Community Hall: Vice Mayor… Vice Mayor Chao? Aye. Mayor Moore? Aye. The motion carries unanimously. All right, thank you very much.
1021
02:25:30.790 --> 02:25:53.890
Community Hall: Next, we move on to item 8, the Mary Avenue vacation. I would like to remind individuals
that if you have your sign parked on, city seats and whatnot, you need to pick up your sign and hold onto it. Your sign doesn't get to occupy its own seat. Thank you. And thank you for holding the signs down low. I, greatly appreciate that.
102202:25:53.960 --> 02:26:08.999Community Hall: Before I request ex parte communications, Madam City Attorney, would you like to provide
us some information on the hearing? Yes, thank you, Mayor. Good evening, and Council, good evening. So
this is a public hearing, and
102302:26:09.470 --> 02:26:20.840Community Hall: part of describing the rules for a public hearing, the last was a public hearing as well. I just want to mention that the items up for your consideration this evening, items number,
1024
02:26:21.170 --> 02:26:25.180
Community Hall: is it… it's 8 and 9? Are…
102502:26:25.550 --> 02:26:43.540Community Hall: to be considered completely separate from the fact that, in early February, the Council approved, other, project approvals, including a DDA for the Mary Avenue project. The DDA is contingent upon these approvals,
1026
02:26:43.540 --> 02:26:52.329
Community Hall: being, passed today by the Council, but there's no, requirement that the Council, approve
the
102702:26:52.330 --> 02:27:09.749Community Hall: the items that are before you tonight. It's a completely separate and independent analysis. And so, Madam… I'm sorry, Matter 8 is a public hearing. A public hearing is a quasi-judicial, process where
the Council considers evidence presented in the staff report.
1028
02:27:09.750 --> 02:27:16.200Community Hall: Testimony from the public received this evening, and, information and evidence in the administrative record.
102902:27:16.390 --> 02:27:23.180Community Hall: In such a hearing, council members must consider the evidence presented and make decisions based solely on that evidence.
1030
02:27:23.530 --> 02:27:40.990
Community Hall: If council members cannot be impartial due to bias, or if they have prejudged the matter, please disclose now so that you can recuse yourself, as your decision tonight must be based on the applicable findings and the evidence in the record.
103102:27:41.740 --> 02:27:51.959Community Hall: Prior opinions, however, of general familiarity with the project do not require recusal,
provided you remain open to the materials provided in the hearing today.
103202:27:52.130 --> 02:27:53.210Community Hall: Thank you.
103302:27:58.240 --> 02:28:04.870Community Hall: Thank you, Madam City Attorney. And I did, turn in, some…
1034
02:28:05.070 --> 02:28:22.950Community Hall: communications, between, Councilmember Wong and the attorney for, the Mary Avenue team, Joshua Safran, And…
103502:28:23.130 --> 02:28:29.060Community Hall: It does appear that there may be some ex parte communications.
1036
02:28:29.080 --> 02:28:44.530Community Hall: Which need to be, mentioned to the entire council. So I'm curious about that. I actually believe Councilmember Fruen, not Fruen, Councilmember Wong,
103702:28:44.810 --> 02:28:47.949Community Hall: Perhaps needs to recuse on this item.
1038
02:28:48.930 --> 02:28:50.350Community Hall: So…
103902:28:50.670 --> 02:29:00.159Community Hall: Having said that and put it into the record, do any council members have ex parte communications that they need to, mention?
1040
02:29:04.770 --> 02:29:05.730Community Hall: Vice Mayor?
1041
02:29:06.110 --> 02:29:09.880
Community Hall: You're, you're mic.
104202:29:10.890 --> 02:29:18.489Community Hall: I didn't have any ex parte communication with, residents are…
1043
02:29:19.070 --> 02:29:23.700Community Hall: or the Mary Avenue Project applicant.
104402:29:23.940 --> 02:29:31.369Community Hall: But I remember when I read up on the ex parte communication for quadratjo-digitial communication.
1045
02:29:31.500 --> 02:29:42.139Community Hall: The burden is for us to disclose any communication so that the content is, made aware by the public.
104602:29:42.490 --> 02:29:58.030Community Hall: And that does not mean any communication means, like, if I have talked… had spoken to
Summerhill homes, doesn't mean I somehow have, prejudice for or against them, right? So…
104702:29:58.080 --> 02:30:06.099Community Hall: So has… just, wonder, has that communication… has that been put into the meeting record?
104802:30:06.500 --> 02:30:07.580
Community Hall: Already?
104902:30:08.190 --> 02:30:12.970Community Hall: You mean the explanation you just gave? No, I mean…
105002:30:13.610 --> 02:30:24.180Community Hall: I think all… actually, a lot of times when we met with the applicant, we didn't even…
actually, I learned from reading we should be disclosing
105102:30:24.180 --> 02:30:36.560Community Hall: all the written communication, plan sets that African have sent us, we actually haven't done that. All we have done in the past was to declare
105202:30:36.580 --> 02:30:42.150
Community Hall: I have… Ex parte communication, but we have not disclosed the content.
105302:30:42.560 --> 02:30:48.639Community Hall: So, for this case, there is… there was ex parte communication.
1054
02:30:48.760 --> 02:31:02.620Community Hall: Is this all we… is it that all we need to disclose the way of the communication? I do think that's all that you need to disclose, is that you've had the communication. Yeah, and then that does not prevent…
1055
02:31:03.000 --> 02:31:19.560
Community Hall: make any of us have to recuse, right? Whether you recuse or not really is up to you and your understanding of your own ability to be neutral in the face of the question.
105602:31:19.580 --> 02:31:35.709Community Hall: So, given the fact that the vacation is the required part of the Mary Avenue project, for all the council members who have voted yes on the project, I think many community members have also
questioned.
105702:31:35.740 --> 02:31:55.670Community Hall: shouldn't they be required to recuse because they likely want to approve their vacation because of their prior vote? I do not agree with that analysis. So you don't think they need to recuse either, because of their… even though that approval is contingent upon this vacation?
1058
02:31:56.030 --> 02:31:59.729
Community Hall: Correct. The vacation is a completely separate analysis.
105902:32:00.140 --> 02:32:09.250Community Hall: It's true that the disposition and development agreement is contingent upon these other, approvals, but,
1060
02:32:10.230 --> 02:32:11.869
Community Hall: I do not believe that.
106102:32:12.200 --> 02:32:22.560Community Hall: council people who have voted in favor of the prior approvals are, somehow biased in terms of having to approve these
1062
02:32:22.990 --> 02:32:34.140
Community Hall: current items. Okay, so have you seen… reviewed that content of communication between
Councilmember Wang and the party?
106302:32:34.400 --> 02:32:35.360Community Hall: I have.
1064
02:32:35.540 --> 02:32:41.629
Community Hall: Does the content lead you to, believe there might be any bias?
106502:32:42.000 --> 02:32:46.210Community Hall: I've reviewed it, and I've concluded that, it's not
106602:32:47.130 --> 02:32:51.899Community Hall: enough information to rise to a conclusion that Councilmember Wong is biased.
1067
02:32:51.900 --> 02:33:07.380
Community Hall: By the city attorney or some third person, and really it's up to Councilmember Wong, as it
is up to each and every other council member, to determine whether they believe that they can be neutral at this hearing, and if so, then they do not need to recuse.
106802:33:07.490 --> 02:33:12.589Community Hall: And, even people who haven't had ex parte communications, who may
1069
02:33:12.840 --> 02:33:18.919
Community Hall: Believe that they cannot approach the hearing neutrally, they should recuse.
107002:33:19.550 --> 02:33:21.160Community Hall: Thank you for the advice.
1071
02:33:25.180 --> 02:33:32.840
Community Hall: Thank you, Madam City Attorney, and there's two parts on recusal. You've got a financial
conflict of interest.
107202:33:32.910 --> 02:33:44.589Community Hall: And then there's the bias element. And would you like to share a little bit about that? Yes, the rules against participating in a vote on an item in which
1073
02:33:44.590 --> 02:33:58.080
Community Hall: a council member has a financial interest are, much more rigid and very clear, and, are governed by, regulatory regulations and statutes and,
107402:33:58.080 --> 02:34:06.649Community Hall: And there is very little, reliance on the council members' perception of their
1075
02:34:06.650 --> 02:34:17.839
Community Hall: bias, if you will. If they have a financial interest that meets the requirements, then they must recuse. In this instance, this is more of a common law.
107602:34:17.840 --> 02:34:31.170Community Hall: understanding of bias, and in this scenario, based upon, you know, deep research into the court cases, it largely relies upon the council member's view of their own mind state.
1077
02:34:31.450 --> 02:34:38.479Community Hall: And so it's up to the council member to determine that they should, based on their bias, recuse if they feel it's necessary.
1078
02:34:39.050 --> 02:34:50.839Community Hall: All right, thank you. So, I only have one council member who indicates that they had any ex parte communications, well, one more. Councilmember…
1079
02:34:51.710 --> 02:34:55.210
Community Hall: Mohan, and then I… Councilmember Fruen.
108002:34:56.380 --> 02:35:02.160Community Hall: So my ex parte communication was not specifically about this, this, but
1081
02:35:02.300 --> 02:35:13.020
Community Hall: Since this issue has been going on for several months, I have talked to groups of residents
in the Mary Avenue neighborhood, and I have talked to Mr. Oren Mahoney.
108202:35:13.120 --> 02:35:14.480Community Hall: In the past.
1083
02:35:16.280 --> 02:35:26.829
Community Hall: Councilmember Fruen? Yeah, similarly, just in the interest of full disclosure, since we
already made these disclosures at the last hearing, I've spoken with both the applicant through
108402:35:26.990 --> 02:35:30.630Community Hall: Kathy Robinson and Mr. Mahoney, and then also
1085
02:35:30.730 --> 02:35:37.159
Community Hall: A number of the neighbors, who have indicated concerns about the project.
108602:35:37.420 --> 02:35:53.530Community Hall: Okay, thank you. And I've spoken with individuals, after the, the last meeting, regarding this item, and, that pretty much sums it up. Vice Mayor? Just in the interest of completing this.
1087
02:35:53.580 --> 02:36:02.360
Community Hall: I did, not recently, but I did speak to some resident groups last year, and
108802:36:02.460 --> 02:36:05.829Community Hall: the Mary Avenue project applicant,
108902:36:06.510 --> 02:36:13.940
Community Hall: Orimahoni, also, I think, last year, but not in the recent months. Yeah, thank you.
1090
02:36:14.040 --> 02:36:19.270Community Hall: Okay, thank you, and Councilmember Wong, will you indicate if you've had any ex parte communications on this item?
1091
02:36:19.580 --> 02:36:31.789R "Ray" Wang, Councilmember: Yeah, I've spoken to all parties. I've spoken to the applicants, I've spoken to the residents, I've spoken to, yeah, I mean, we… that's part of our job, is to go out and talk to people, and not to be afraid to.
1092
02:36:31.790 --> 02:36:34.349
Community Hall: Thank you, you've indicated that. Thank you very much.
109302:36:34.350 --> 02:36:35.789R "Ray" Wang, Councilmember: Okay, thank you.
1094
02:36:36.190 --> 02:36:43.770
Community Hall: Madam City… Manager, will you please provide a report on this item?
109502:36:44.110 --> 02:36:56.180Community Hall: Thank you, Mayor. I will briefly introduce my staff here that will be, doing some of the presentation. Director Chat Mosley, Director of Public Works, Chad Mosley, and Jennifer Chu, our Senior Engineer.
1096
02:36:56.180 --> 02:37:06.380
Community Hall: And we are working very closely with the City Attorney's Office on Mary Avenue, so I think I will turn it over to our, Interim City Attorney to introduce this item before we turn it over to my staff.
109702:37:08.290 --> 02:37:21.969Community Hall: Staff is here tonight to, describe the vacation process, and the, public notice, et cetera, that went into that process, and describe the process to you. Thank you.
1098
02:37:24.560 --> 02:37:40.830Community Hall: Good evening, Council. Chad Mosley, Director of Public Works. Tonight, I have with me Jennifer Chu, our Senior Engineer. She's one of my best-kept secrets. I don't let her out very often, but here she is tonight, and she'll present for you this vacation process. Thank you.
109902:37:42.830 --> 02:37:51.100
Community Hall: Thank you, Chad. Good evening, Mayor Moore and Council Members. The item tonight is
the Mary Avenue right-of-way vacation.
110002:37:54.530 --> 02:38:05.350Community Hall: The subject before you is to conduct a notice public hearing to consider adopting a resolution vacating a portion of public right-of-way located along the westerly
1101
02:38:05.410 --> 02:38:18.990
Community Hall: Edge of Mary Avenue, APM 32627053. There are two recommended actions tonight. One is
to find the project exempt from the California Environmental Quality Act, or CEQA.
110202:38:19.480 --> 02:38:33.339
Community Hall: And two is adopt resolution number 26-024, approving the vacation of a portion of public
right-of-way located along the westerly edge of Mary Avenue, APN 32627053.
110302:38:35.300 --> 02:38:46.020Community Hall: For context, these are images of the property highlighted in a reddish-orange color, if you
will. The image on the left is from the parcel map.
110402:38:46.600 --> 02:38:49.259Community Hall: While the image on the right is from the 8pm map.
110502:38:51.720 --> 02:39:08.349Community Hall: And, additional context, this is an aerial image of Mary Avenue showing the approximate
location of the property boundary. As you can see, the area mainly consists of diagonal parking stalls and a
buffered bike lane along the west side of Mary Avenue.
110602:39:11.560 --> 02:39:27.020Community Hall: Some background and current status of the property, during fiscal year 2021-2022, the City Work Program initiated and prioritized a project to consider options to develop, BMR housing units.
1107
02:39:27.430 --> 02:39:39.969
Community Hall: for developmentally disabled individuals on a city-owned property along Mary Ave. In 2023,
a 0.79-acre parcel was created through the recordation of a parcel map.
110802:39:40.260 --> 02:39:44.910Community Hall: And it is this same parcel that is being proposed for vacation tonight.
1109
02:39:45.860 --> 02:39:52.759
Community Hall: In 2024, the property was then rezoned with the housing element, and recently, on
February 3rd.
111002:39:53.040 --> 02:39:56.939Community Hall: The Mary Avenue Villa project was approved by City Council.
1111
02:39:57.010 --> 02:40:07.159
Community Hall: Which would bring forth a total of 40 BMR units, 19 of which would be dedicated for the
intellectually and developmentally disabled community.
111202:40:07.160 --> 02:40:19.019Community Hall: As for status, the property is currently designated as public right-of-way, mostly serving parking stalls, as shown in the previous slide. And the parking in this area
1113
02:40:20.300 --> 02:40:29.120
Community Hall: is underutilized, except during various festivals and special events that occur at, Memorial
Park about 9 days in a year.
1114
02:40:32.240 --> 02:40:40.469
Community Hall: This is the proposed typical cross-section of the property and roadway at the project site, if you're facing north on Mary Avenue.
1115
02:40:40.880 --> 02:40:50.609
Community Hall: The project parcel is shown on the left, 38 feet wide, and consists of the project's
residential buildings and site improvements.
111602:40:50.680 --> 02:41:03.359Community Hall: And then the remaining portion of Mary Avenue right-of-way is 56 feet wide, and would be reconfigured to include new curb, gutter, and sidewalk along the project frontage.
1117
02:41:04.100 --> 02:41:13.469
Community Hall: Mary Avenue would also be restriped to provide 11-foot travel lanes, buffered bike lanes,
and parallel parking on the west side.
111802:41:16.600 --> 02:41:30.430Community Hall: Right-of-way vacation. So, per the Streets and Highways Code, the Council would need to find that the right-of-way within the property limits is unnecessary for present or prospective public purposes, based on the
1119
02:41:30.790 --> 02:41:37.889Community Hall: Following facts listed, City staff believes Council can make this finding and proceed to order the vacation.
112002:41:38.180 --> 02:41:47.880Community Hall: With the approval of the Affordable Housing Project, construction of the project requires
the vacation and would not be able to move forward without it.
112102:41:47.990 --> 02:41:57.540Community Hall: On February 10th, 2026, the Planning Commission found the proposed vacation to be in conformance with the general plan.
112202:41:58.160 --> 02:42:02.170
Community Hall: The proposed vacation was properly noticed as required by code.
112302:42:03.140 --> 02:42:16.219Community Hall: The public utility companies were notified and provided consent for the proposed vacation. And lastly, adequate right-of-way remains to serve public access and accommodate traffic.
112402:42:18.970 --> 02:42:25.989
Community Hall: Again, here is tonight's action, to conduct a notice public hearing to consider adopting a
resolution
112502:42:26.140 --> 02:42:40.099Community Hall: vacating a portion of public right-of-way located along the westerly edge of Mary Avenue,
parcel APN 32627053, with the recommended actions to, one, find the project exempt from CEQA,
1126
02:42:40.100 --> 02:42:52.819
Community Hall: and to adopt resolution number 26024, approving the vacation of a portion of public right-of-way located along the westerly edge of Mary Avenue, APN 32627053.
112702:42:53.010 --> 02:42:56.739Community Hall: This concludes my presentation. Happy to answer any questions.
1128
02:42:58.120 --> 02:43:07.360
Community Hall: All right, thank you, Jennifer and Chad, for the presentation. So now we're going to open up the public hearing.
112902:43:08.140 --> 02:43:19.939Community Hall: Do any Councilmembers have clarifying questions? I'll go in order of Councilmember Wong,
Councilmember Fruen, Councilmember Mohan, Vice Mayor, and myself. Councilmember Wong, do you have
any clarifying questions?
113002:43:20.550 --> 02:43:23.319R "Ray" Wang, Councilmember: I do, I have some questions, I really want to understand
113102:43:23.460 --> 02:43:32.150
R "Ray" Wang, Councilmember: the process of how you determine where a public lens can be taken for
private use. Where does that fit within the legal framework?
113202:43:32.260 --> 02:43:40.940R "Ray" Wang, Councilmember: I also do want to understand, do we need CTC approval for conveyance of this land through the California Transportation Commission, or is that just our local jurisdiction?
1133
02:43:41.200 --> 02:43:50.710
R "Ray" Wang, Councilmember: And I also want to understand, how we've determined that there's
obsolescence here, or that this land is not being used by the public. One ruling by…
113402:43:50.810 --> 02:43:58.190R "Ray" Wang, Councilmember: you know, the town of Santa Rosa is an exception in the case law, so I'm just kind of curious if you can share those answers. Thank you.
1135
02:44:02.780 --> 02:44:09.199
Community Hall: I can try and answer some of those questions. I might not necessarily answer all the legal
questions, but,
113602:44:09.550 --> 02:44:13.539Community Hall: I think, first off, with respect to…
1137
02:44:13.960 --> 02:44:24.720
Community Hall: going to the California Transportation Commission. I don't believe that's necessary in this
case. This can be done at the local level, by City Council, the process we're currently following.
113802:44:24.930 --> 02:44:35.520Community Hall: with respect to, the various actions that were presented here tonight, we have followed
those actions per the, California Streets and Highways Code, and…
113902:44:36.140 --> 02:44:40.829Community Hall: Like I said, that process has been laid out. With respect to,
114002:44:41.330 --> 02:44:44.870Community Hall: you know, existing uses. Currently,
1141
02:44:44.980 --> 02:44:56.230Community Hall: The area, as mentioned in the presentation, is, striped for diagonal parking. There's also a bike lane in there, and staff has reviewed
114202:44:56.230 --> 02:45:05.439Community Hall: that plan, and there should be adequate… I should say there is adequate right-of-way,
outside of the parcel to facilitate public transportation.
114302:45:05.440 --> 02:45:18.999Community Hall: And in fact, with the project, we will be enhancing public transportation by adding a sidewalk on the westerly side to facilitate pedestrians. All of the dimensions for
114402:45:19.320 --> 02:45:24.900
Community Hall: Vehicle and bike lanes are adequate to provide, positive progression.
114502:45:29.690 --> 02:45:35.869Community Hall: Great, thank you. Councilmember Wong, you have 3 minutes remaining. Do you have any further clarifying questions?
114602:45:35.870 --> 02:45:37.180
R "Ray" Wang, Councilmember: I yield my time for now.
114702:45:38.050 --> 02:45:41.610Community Hall: Okay, next, Councilmember Fruen.
114802:45:42.910 --> 02:45:51.750Community Hall: So, Director Mosley, you've already answered my question about the bike lane and the new
sidewalk, but to the city attorney.
114902:45:53.270 --> 02:46:03.210Community Hall: to clarify how a published appellate opinion works in the state of California, if the Court of Appeal, sitting anywhere in the state of California.
115002:46:03.510 --> 02:46:10.279Community Hall: publishes an opinion on a discrete question of law, that opinion binds the entire state, does it not?
1151
02:46:10.840 --> 02:46:17.360
Community Hall: All the trial courts, yes. Okay. So I just wanted to make it clear that one opinion of the Court of Appeal is not
115202:46:17.520 --> 02:46:23.150Community Hall: simply… something that you can cast aside. It is binding authority. Thank you.
1153
02:46:27.130 --> 02:46:28.390
Community Hall: Councilmember Mohan?
115402:46:30.420 --> 02:46:33.260Community Hall: A question for, Chad?
1155
02:46:33.670 --> 02:46:40.429
Community Hall: and for clarification of the public, why should we find this project exempt from CEQA?
115602:46:42.420 --> 02:46:45.840Community Hall: I may refer to the city attorney on that one.
1157
02:46:47.670 --> 02:46:54.900
Community Hall: Because it specifically qualifies for an exemption, because it's a project for, basically 100%
affordable housing.
115802:46:55.270 --> 02:47:00.430Community Hall: So that qualifies as the class exemption that's listed in the, agenda.
1159
02:47:01.110 --> 02:47:03.060
Community Hall: On the staff report. Thank you.
116002:47:04.620 --> 02:47:05.960Community Hall: Vice Mayor?
116102:47:07.020 --> 02:47:08.080
Community Hall: Okay.
1162
02:47:08.290 --> 02:47:26.309Community Hall: I believe somewhere in the staff report, the resolution says the legal decision on vacation road is independent of the project use, proposed use of the land. So whether the proposed project is 100%
1163
02:47:26.310 --> 02:47:34.979Community Hall: affordable or not should have no bearing on whether the vacation of the lender is exempt from CEQA, right?
1164
02:47:36.690 --> 02:47:38.480
Community Hall: I don't think that's accurate.
116502:47:39.700 --> 02:47:52.459Community Hall: And that's… the decision is whether to vacate the land, whether we vacate the land for what purpose? Why should that have anything to do with why we are allowed to vacate the land?
1166
02:47:53.630 --> 02:48:04.709
Community Hall: It's… I think the question is whether vacating the land, based on its current use, require
any CEQA evaluation. And that, I don't think.
116702:48:04.870 --> 02:48:07.550Community Hall: We provided any reason for that.
1168
02:48:08.010 --> 02:48:21.389
Community Hall: I think the legal standard is, if you're going to, if you're vacating the land, you're… you're…
if you're vacating the right-of-way, you're doing so for some future purpose, and if the future purpose is
116902:48:21.550 --> 02:48:38.770Community Hall: affordable housing, then the CEQA exemption applies. If you're vacating the land for some unstated purpose, I can't opine now whether CEQA would apply or not, but it might. Okay, maybe my misunderstanding, because I thought
1170
02:48:38.910 --> 02:48:46.390Community Hall: on the CQRA exemption applies to the proposed project. It shouldn't apply for the vacation. Never mind.
117102:48:46.610 --> 02:48:57.969Community Hall: So I think the current use, as stated by the staff report, is mostly parking stalls, but I don't
find… I didn't find in the
117202:48:58.240 --> 02:49:09.530Community Hall: staff report any detail on how much parking stalls will be removed, and whether the use of parking… what is the impact on the
117302:49:09.570 --> 02:49:26.090
Community Hall: parking, and we are told this is a quasi-judicial decision, so we can only make a decision
based on what's currently, in agenda today. So, my question would be, where can I find in today's agenda,
117402:49:26.150 --> 02:49:28.099Community Hall: The impact on parking.
117502:49:28.180 --> 02:49:40.649Community Hall: and also the impact of, the approved, Memorial Park Master Plan. Where can I find that? To determine that this public land we are vacating
1176
02:49:40.860 --> 02:49:44.639
Community Hall: Would not serve the current public use.
117702:49:45.000 --> 02:50:01.139Community Hall: I understand that you have stated that there will be enough west to serve as a traffic lane, bike paths, and you will add sidewalk. However, I didn't find anywhere in the staff report or the resolution on how the parking
1178
02:50:01.560 --> 02:50:05.970Community Hall: current use of… Parking would be, served.
117902:50:10.710 --> 02:50:19.090Community Hall: I believe the, I believe it's one of the exhibits to the item has a map, and I think that it shows the area of parking.
1180
02:50:22.180 --> 02:50:25.389Community Hall: But there is nothing that shows the parking.
118102:50:25.500 --> 02:50:33.960Community Hall: Demand analysis, how many, how many stalls? That's not in the staff report or the resolution 2.
1182
02:50:34.140 --> 02:50:35.990Community Hall: There is no proof that
118302:50:37.150 --> 02:50:45.799Community Hall: the parking is not needed. There is one line in the staff presentation that under the park…
1184
02:50:45.800 --> 02:51:00.529
Community Hall: the parking there would be underutilized, except for festivals 9 days a year. That's just one line in the staff report, but I don't see sufficient evidence that shows
118502:51:00.670 --> 02:51:03.770Community Hall: We don't really need all this parking space.
1186
02:51:04.770 --> 02:51:09.859
Community Hall: Plus the impact of the under-parking for Westport project.
118702:51:10.020 --> 02:51:19.940
Community Hall: That's not mentioned either in the estimate, because many of the… even the current
Westport residents have insufficient parking.
118802:51:20.750 --> 02:51:22.910Community Hall: So that's not addressed either.
1189
02:51:23.870 --> 02:51:39.839Community Hall: I don't think that the analysis of the use of the parking is required for the vacation. That, though, might go to a council member's decision whether to vote or not vote in favor of the vacation.
119002:51:39.930 --> 02:51:46.380Community Hall: But the staff didn't mention the parcel is mostly used as parking stalls.
1191
02:51:47.900 --> 02:51:48.700Community Hall: Right.
119202:51:48.960 --> 02:51:51.450Community Hall: That's true, yeah. Okay, thank you.
1193
02:51:53.090 --> 02:52:05.290
Community Hall: I do have a question for the City Attorney, so I'm understanding that it's CEQA exempt, but even if we did follow CEQA, you would be looking at the project's impact,
119402:52:05.410 --> 02:52:21.429Community Hall: on the environment and not the environment's impact on the project. That's correct. Okay, and it seems like, getting into whether or not there was a festival at some other location, is an environment
impact onto the project.
119502:52:21.430 --> 02:52:30.190Community Hall: So I'm not sure, even if you went through the process, that that would be looked at. It's unclear, and there's a lot of other variables about where people, are actually parking.
119602:52:30.190 --> 02:52:37.939
Community Hall: So, do I have any further clarifying questions from the Council before we open it up for
public comment?
119702:52:41.600 --> 02:52:42.910Community Hall: Councilmember Fuen.
119802:52:43.910 --> 02:52:52.050
Community Hall: Also, for the City Attorney, if you could simply clarify the standard that we're actually using
here, because I think there's some confusion as to
119902:52:52.230 --> 02:52:58.060Community Hall: Exactly what finding should be made, and which findings are permissible.
120002:53:00.420 --> 02:53:20.150Community Hall: Well, we do have a resolution with the findings that constitute the recommended action, and the, the call of the Council today is to make the decision about whether to vacate the property for the purpose of, building the Mary Avenue project.
1201
02:53:20.240 --> 02:53:21.869Community Hall: And so,
120202:53:22.120 --> 02:53:30.019Community Hall: That is the sort of, like, value judgment, the policy question that this council is, voting on today.
1203
02:53:31.490 --> 02:53:50.999Community Hall: Thank you. And could staff please remind me why the right-of-way is 94 feet in that area? Because typically, and, Director Mosley, you can probably remind us, typically in a residential area, residential neighborhood, what would you have for the right-of-way?
120402:53:51.530 --> 02:53:54.820
Community Hall: In a typical right-of-way, it's about 60 feet wide.
120502:53:55.400 --> 02:54:07.959Community Hall: For a typical area. In this area, the additional width was due to, after the construction of Highway 85, there was remaining… there was leftover remainder land, that Caltransit owned, and
120602:54:07.970 --> 02:54:26.920
Community Hall: they deeded that remainder land to us, which, happened to coincide with Mary Avenue.
Okay, so that sounds a little different from a, a story I was told, was that… it was that wide because we
were going to have an overpass instead of the bike, pedestrian bridge at Mary.
120702:54:27.400 --> 02:54:41.820Community Hall: That's possible. I'm unaware of that concept. I just know that that land, the additional land, was deeded to the city by Caltrans. It may have been to facilitate an overpass, but I'm not aware of that.
1208
02:54:41.820 --> 02:54:48.290
Community Hall: Okay, so I really appreciate the cross-section, that was… that was shown. So…
120902:54:48.510 --> 02:55:02.839Community Hall: I'm not sure I would even call this a road diet, so my residential street does not have, bike lanes along with the parallel parking and the… we have a parkway and sidewalk,
1210
02:55:03.250 --> 02:55:14.590
Community Hall: So, you're actually making it more safe? Would that be an accurate statement by the
addition of the sidewalk on, I believe it's the west side, correct?
1211
02:55:15.180 --> 02:55:24.569
Community Hall: I would say that we're providing better transportation facilities, by adding the sidewalk on the west side. Okay. Fansing opportunities there. Okay, thank you.
1212
02:55:25.170 --> 02:55:44.829
Community Hall: So I'm not seeing any hands raised for any further clarifying questions. Madam City Clerk,
do we have members of the public who would like to speak on this item? Due to the fact that we have two
Mary items tonight, we'll be limiting the public comment time to one minute per person, because we're going to have two of these. The very next item is Mary Avenue again.
121302:55:45.680 --> 02:55:52.260Community Hall: And we'll have gripping allowed for… Up to 5 people.
1214
02:55:52.570 --> 02:55:55.680
Community Hall: For a total of 4 minutes, if you're grouping.
121502:55:56.760 --> 02:56:07.400Community Hall: And then, Madam City Clerk, you'll have to work that math out if the group's smaller than 5. Sorry, repeat that, Mayor. For groups up to 5, you said how many minutes? 4 minutes. 4 minutes.
1216
02:56:07.680 --> 02:56:19.560
Community Hall: Yeah, so our agenda is timed out to end after midnight. We're gonna see what we can do, to… to get through all of these items, and our next agenda's packed as well.
121702:56:19.810 --> 02:56:20.750Community Hall: So…
1218
02:56:20.950 --> 02:56:32.910
Community Hall: Madam City Clerk, do you have speaker cards on this item? We do, Mayor. At this time, I have 11 requests to speak in person, and at this time, I see one hand raised virtually.
121902:56:33.370 --> 02:56:49.589Community Hall: All right. So just a reminder, members of the public wishing to speak regarding an item shall submit a request to speak or raise their hand virtually within 9 minutes of the start of this public
comment period, or before the public comment period is closed, whichever comes first. So, we will start, in
Community Hall.
122002:56:49.590 --> 02:56:56.930Community Hall: With Jennifer Griffin, followed by Michael Chu, followed by Paul Krupka. Welcome… Jennifer?
1221
02:57:07.520 --> 02:57:10.269
Community Hall: Can… can you hear? Okay, yeah,
122202:57:10.430 --> 02:57:13.820Community Hall: Are we speaking for 1 minute or two minutes?
122302:57:13.950 --> 02:57:28.089Community Hall: One minute, please, Jennifer. One minute, okay, then I'll be really quick. Yes, you know, back in 68, when 280 came in, it cut… it went over Mary. I went to Homestead, and there was possibility to be an overpass, but then again, 85.
1224
02:57:28.370 --> 02:57:37.589Community Hall: from 1991 gave extra property. I'm not against the Mary Avenue project, I just am sad that it's in
122502:57:37.700 --> 02:57:51.479Community Hall: a road right-of-way. I just had a couple of questions. This is only the third time in
Cupertino. Actually, the second. Prune Ridge, Apple had to pay the city for the Prune Ridge property.
122602:57:51.500 --> 02:58:02.180Community Hall: for the Apple campus, I was there at the time, went through the meetings. What is the monetary value of this prop… of this right-of-way, and are we…
122702:58:02.370 --> 02:58:20.010
Community Hall: giving something away, should we be getting money for it? Because land at Cupertino is
exceedingly expensive. Also, I'm worried about Seish being vacated, but we can't. There's a 330 on one side,
and Target might go. Anyway, thank you.
122802:58:20.100 --> 02:58:25.290Community Hall: Thank you, Jennifer. Next, we have Michael Chu, followed by Paul Krupka.
1229
02:58:25.860 --> 02:58:27.820
Community Hall: Overhead projector, please.
123002:58:28.000 --> 02:58:30.640Community Hall: Yes, we should be able to use it.
123102:58:30.850 --> 02:58:34.300
Community Hall: Video, would you be able to display the overhead projector?
123202:58:40.380 --> 02:58:48.270Community Hall: Council members, I can't believe I need to come before you yet again to speak about the Mary Avenue project, but I guess here we are.
123302:58:50.280 --> 02:59:03.180
Community Hall: I'm here because I'm exhausted watching you rush this while only Councilmember Wei
Wong consistently speaks for the people who already live here. I'm also shocked at the other council
members who try to silence Council,
123402:59:03.190 --> 02:59:13.400
Community Hall: Member Wong. This project removes a net 95 parking spaces along Mary Avenue on a
narrow, city-owned strip that everyone knows is not unused asphalt.
123502:59:13.400 --> 02:59:29.339Community Hall: Those spaces are regularly used by nearby residents for Memorial Park and community
events, and by a local recycling operation that brings steady weekend traffic. Taking them away without real
replacement is choosing to make your daily… our daily lives harder, so this deal can make… can move…
123602:59:29.340 --> 02:59:43.999Community Hall: can move. You're also putting in around $9 million in public money and moving towards transferring this public land for $1 to secure tax credits while calling it a notice of exemption instead of requiring a full EIR, even though your own subservice
1237
02:59:46.580 --> 02:59:50.240
Community Hall: Thank you, Michael. Next, we have Paul Krupka. Welcome, Paul.
123802:59:51.890 --> 03:00:04.439Community Hall: Good evening. My name is Paul Krupka, owner of Kropka Consulting. I'm representing the Garden Gate Neighborhood Group tonight. I was here on February 3rd, and I'm glad to be back. I wanted to highlight
1239
03:00:04.440 --> 03:00:17.809
Community Hall: some additional comments that I, made in the Planning Commission letter that I sent to you for your consideration. On the topic of the parking evaluation, essentially not covering Mary Avenue.
124003:00:17.860 --> 03:00:21.670Community Hall: Mary Avenue during a major festival condition.
1241
03:00:22.090 --> 03:00:25.140
Community Hall: Since I spoke to you on the 3rd, I developed
124203:00:25.320 --> 03:00:39.710Community Hall: An estimate of parking occupancy during the Kids and Fun Festival on August 23, 2025. I found that 229 vehicles were parked on Mary Avenue, which equals 95% of the existing supply.
1243
03:00:39.850 --> 03:00:53.890
Community Hall: With the project and the removal of 95 parking spaces, the demand would exceed supply by 83 spaces. It is again clear to me that festival parking inundates Mary Avenue.
124403:00:54.260 --> 03:00:58.369Community Hall: and creates a deficiency. This needs to be addressed. Thank you.
1245
03:00:58.920 --> 03:01:05.900
Community Hall: Thank you, Paul. Next, we have Mahesh, followed by Rajan, followed by Lena. Welcome, Mahesh.
1246
03:01:13.730 --> 03:01:21.650Community Hall: Good evening, Mayor, Vice Mayor, Council Members. My name is Mahesh Karikar. I've been living in Copartina for 40 years.
1247
03:01:21.830 --> 03:01:26.270
Community Hall: About 30 years ago, there was a proposal to build an off-ramp off Mary Avenue.
124803:01:26.640 --> 03:01:42.080Community Hall: And all the residents opposed it, and City Council, they accepted the will of the people and canceled that project. I hope today you will cancel this project, too, because the neighborhood people are opposed to it. Thank you.
1249
03:01:45.190 --> 03:01:49.329
Community Hall: Thank you. Welcome, Ranjan, followed by Alina.
125003:01:49.940 --> 03:01:53.390Community Hall: Followed by, Janet and her group.
1251
03:01:54.170 --> 03:02:05.840
Community Hall: Yeah, thank you, question numbers, for allowing me to talk again one more time. I think
this is all, it's very fast that it's not biased. It is biased here. All the decision-making numbers are all biased here.
125203:02:05.840 --> 03:02:16.730Community Hall: And actually, the decision that these guys are making here, sorry, nine days per year, is completely wrong. There are hundreds of people who apply for the,
1253
03:02:17.290 --> 03:02:27.939Community Hall: festivals, Memorial Park, and they're not counted in the numbers at all. There's not at all nights, hundreds and hundreds in here. And the other part, which I was not talking about is, you know, it's,
125403:02:28.080 --> 03:02:37.380Community Hall: Right-of-way is, you know, bigger, not because it was due to something else, because it
was… it's the only exit out of the gridlock of many, many houses.
125503:02:37.450 --> 03:02:46.080Community Hall: I hear, like, hundreds of residents who have signed here, and who have not here, you know, who have not come here for talking about this, but then…
125603:02:46.080 --> 03:02:58.390
Community Hall: This is absolutely, a small exit in the case of emergency for, hundreds of gridlock houses,
and there's only one exit out of, onto the,
125703:02:59.470 --> 03:03:00.920Community Hall: Thank you, Ranjan.
125803:03:01.820 --> 03:03:07.869Community Hall: Next, we have Lena, followed by Janet's group, followed by David Hollister. Welcome, Lena.
1259
03:03:09.020 --> 03:03:10.050
Community Hall: Electron, please?
126003:03:10.920 --> 03:03:12.860Community Hall: Video, can you display? Thank you.
1261
03:03:18.880 --> 03:03:26.820
Community Hall: Good evening. I'd like to supplement Paul Krupka's report with evidence, since that is the
focus of today's votes.
126203:03:27.100 --> 03:03:29.400Community Hall: I want to highlight two things that…
1263
03:03:29.560 --> 03:03:38.519
Community Hall: that Vice Mayor Chao had alluded to today. The first is the Westport data showing the 19
parking spot on-site deficiency
126403:03:39.230 --> 03:03:50.070Community Hall: One of the backup plans for the residents, for over 171 units, is for them to park off-site in San Jose, 8 miles away, at Oakmont residential units.
1265
03:03:50.130 --> 03:04:02.539
Community Hall: That's ridiculous. I don't know how you can call this land on Mary Ave underutilized,
unnecessary, when you have a shortage right next door at the Future Westport Building 1. Number 2,
126603:04:03.420 --> 03:04:06.359Community Hall: And I'm gonna send this as evidence for the record.
1267
03:04:06.940 --> 03:04:08.870
Community Hall: the Memorial Park-specific Plan.
126803:04:09.320 --> 03:04:16.010Community Hall: Recommendation number 6 specifically says, Maintain current parking configuration along Mary Avenue.
1269
03:04:16.180 --> 03:04:23.080
Community Hall: Why are you guys changing it, taking things away, moving a lane to the other side? You
have evidence right here. Thank you, Lena.
127003:04:23.590 --> 03:04:27.019
Community Hall: Next, we have Janet Benzorn and her group.
1271
03:04:35.390 --> 03:04:39.629
Community Hall: Janet, your group, you have about 3 minutes and 20 seconds.
127203:04:39.820 --> 03:04:48.869Community Hall: Give or take on my math. Good evening, Mayor Moore and City Council members. This is Gia Pham from Housing Choices.
1273
03:04:49.110 --> 03:04:56.150
Community Hall: my daughter, Cindy, and her friend's father, Nader… The dot.
127403:04:56.830 --> 03:05:13.179Community Hall: I just want to thank you very much for all of the diligence that you've put into bringing this Mary Avenue project as far as you have so far, and I want to thank you for considering all the factors and all
the issues tonight.
1275
03:05:13.470 --> 03:05:19.799Community Hall: and moving forward, and helping this project to move forward. And we all want to give you
127603:05:20.190 --> 03:05:25.010Community Hall: A warm, fuzzy, thank you for what you're doing for our community.
1277
03:05:25.330 --> 03:05:32.300
Community Hall: And for helping people who are of low economic means, and especially those who have
127803:05:33.190 --> 03:05:37.329Community Hall: IDD, Intellectual and Developmental Disabilities.
1279
03:05:37.460 --> 03:05:38.260
Community Hall: Thank you.
128003:05:40.180 --> 03:05:42.670Community Hall: Thank you, Janet.
1281
03:05:44.200 --> 03:05:50.520
Community Hall: Next, we have David Hollister, followed by Pradeep, followed by Connie Cunningham.
Welcome, David.
128203:05:58.320 --> 03:06:02.030Community Hall: I am a homeowner at Costa Diaza.
1283
03:06:03.070 --> 03:06:08.890
Community Hall: my concerns, and I'm opposed to vacating and Probably the site surplus.
128403:06:09.110 --> 03:06:11.399Community Hall: Is that parking will be worse.
1285
03:06:11.500 --> 03:06:14.939
Community Hall: We're already… we already have people coming in our parking space.
128603:06:15.350 --> 03:06:17.770Community Hall: Nine times is nine times too many.
1287
03:06:18.950 --> 03:06:25.460
Community Hall: or violations like that. I'm also opposed to this, because everything will be Horse.
128803:06:25.810 --> 03:06:30.779Community Hall: It'll be less safe for bicyclists, less safe for pedestrians.
128903:06:30.910 --> 03:06:36.060
Community Hall: even less, say, for cars. There'll be congestion, And…
1290
03:06:36.350 --> 03:06:38.820Community Hall: I'm also opposed to the city
129103:06:38.930 --> 03:06:43.639Community Hall: Giving millions of dollars to an entity that doesn't benefit
1292
03:06:44.010 --> 03:06:49.200
Community Hall: all of the residents. It's a private, corporation.
129303:06:49.960 --> 03:06:52.269Community Hall: With very limited scope.
1294
03:06:53.100 --> 03:06:54.900
Community Hall: It's not for the benefit.
129503:06:55.990 --> 03:06:58.270Community Hall: of the citizens of Cupertino.
1296
03:07:01.610 --> 03:07:08.019
Community Hall: Thank you, David. Next, we have Pradeep, followed by Connie Cunningham, followed by
Jean Bedard. Welcome, Pradeep.
129703:07:08.750 --> 03:07:13.170Community Hall: Hello, Mayor and Council Members. My name is Pradeep Burj, I'm a
129803:07:13.310 --> 03:07:19.330Community Hall: a nearby, long-time resident of Cupertino for over 25 years, and…
1299
03:07:19.520 --> 03:07:25.880
Community Hall: I'm here to strongly object to this, Mary Villas project and the vacation of the strip of land.
130003:07:26.160 --> 03:07:29.920Community Hall: when I first heard about this, I thought it was a ridiculous idea to have
1301
03:07:30.360 --> 03:07:33.520
Community Hall: 40 units in such a small strip of land.
130203:07:33.700 --> 03:07:46.040Community Hall: And, it's been used by high school jogging groups, bike lanes, pedestrians, and of course, regular traffic, especially during events.
1303
03:07:46.140 --> 03:07:56.590
Community Hall: So I think a project like this is more suited to a bigger chunk of land where maybe where
Valco used to be, or a parking lot somewhere. So I think,
130403:07:56.740 --> 03:07:59.340Community Hall: It's, here to, again, object to the…
1305
03:07:59.500 --> 03:08:03.080
Community Hall: vacation and the building of the villas here. Thank you.
130603:08:04.450 --> 03:08:05.950Community Hall: Thank you, Pradeep.
130703:08:06.310 --> 03:08:12.309
Community Hall: Next, we have Connie Cunningham, followed by Jean Bedoured, followed by Yvonne
Thorstenston. Welcome, Connie.
130803:08:12.790 --> 03:08:27.119Community Hall: Thank you. Good evening, Mayor Moore and Council Members. My name is Connie Cunningham. I am a 38-year resident here, currently chair of the Housing Commission, speaking for my behalf only.
1309
03:08:27.120 --> 03:08:38.269
Community Hall: I want to, thank the city staff for their excellent work, and to the City Attorney for opinions
we can rely upon that the project meets legal requirements.
131003:08:38.570 --> 03:08:52.590
Community Hall: I urge you to approve the recommendations for Agenda Item 8 to make the project exempt
from CEQA and the vacation of the portion of the public right-of-way located along Mary Avenue.
131103:08:53.040 --> 03:09:00.520Community Hall: This, particular project does a beautiful job of balancing the needs of the city, including
housing.
131203:09:00.700 --> 03:09:08.859Community Hall: Roadway, parking, sidewalk, and bicycling. Thank you for your time.
131303:09:09.960 --> 03:09:16.399Community Hall: Thank you, Connie. Next, we have Jean Bedard, followed by Yvonne Thorstenson.
Welcome, Jean.
131403:09:18.060 --> 03:09:23.009Community Hall: Good evening. My name is Jean Bedward, and I am a Cupertino resident.
131503:09:23.890 --> 03:09:29.130Community Hall: I am here to ask that Ray Wong be recused from this item.
1316
03:09:29.300 --> 03:09:36.789Community Hall: The communication that is in the public record clearly indicates that he has prejudged this item.
131703:09:38.850 --> 03:09:43.019Community Hall: This is unethical behavior, and it should be removed.
1318
03:09:43.790 --> 03:09:54.260Community Hall: I urge you to approve this vacation. It is the public best interest to vacate this property and provide for housing
131903:09:54.590 --> 03:10:02.270Community Hall: So, which is so desperately needed. And then other items that are on this agenda show
that need. Thank you.
132003:10:02.790 --> 03:10:04.000Community Hall: Thank you, Jean.
132103:10:04.120 --> 03:10:07.640Community Hall: Next, we have Yvonne Thorstensen. Welcome, Yvonne.
1322
03:10:13.420 --> 03:10:18.319Community Hall: I was really hoping I could… I could show this photograph from my high school.
1323
03:10:18.420 --> 03:10:32.849
Community Hall: I had the opportunity to work with a group of students who were adjacent to our high school that were, in… called the Workshop School, and a group of my colleagues
1324
03:10:33.020 --> 03:10:41.270
Community Hall: My peers at high school formed this group, To make social,
132503:10:41.520 --> 03:10:49.070Community Hall: to do social activities for this group of people. And it was one of the most, forming, forming,
1326
03:10:49.770 --> 03:10:58.790
Community Hall: activities that I did in high school, and that's why I'm so excited to see this project come to
fruition in Cupertino. It is the
132703:10:58.980 --> 03:11:07.599Community Hall: this is a beautiful use of this dusty, unused property in Cupertino, and instead of
1328
03:11:08.020 --> 03:11:14.599
Community Hall: Paving paradise. We can unpave, The parking lot, and put up a paradise instead.
132903:11:18.940 --> 03:11:20.310Community Hall: Thank you, Yvonne.
133003:11:21.330 --> 03:11:26.890
Community Hall: Mayor, we'll move to the request to speak virtually. We have… I'm seeing 4 hands raised.
1331
03:11:27.900 --> 03:11:31.170Community Hall: We will welcome San Rao. Welcome, San.
133203:11:33.440 --> 03:11:48.579San Rao: Good evening, Mayor Moore and Councilmembers. I wish to remind you that in the traffic studies
that were submitted, they do not contain the coverage of the De Anza College proposed 25,000 square foot
medical facility. Staff have done no research on the
133303:11:48.580 --> 03:11:56.009San Rao: FHDA plans to put that medical facility in there that is going to cause traffic, that's going to cause emergency vehicles. You're…
1334
03:11:56.010 --> 03:12:09.259
San Rao: agenda packet does not cover that future scenario that is in the plans of FHDA. Furthermore, the
Westport Senior Housing, or Senior Assisted Living and Memory Care is adding, 36 memory care units and
133503:12:09.340 --> 03:12:25.830San Rao: 123 senior assisted living units, for which there is no underground parking anymore, and that is not
factored in. Furthermore, I draw your attention to written communications, page 177, where I have sent you
a letter from HCD to the City of Ontario on SLA violations. The city is
133603:12:26.150 --> 03:12:36.589San Rao: potentially in violations here, because you cannot have an RFP ahead of surplus exempt. You
cannot engage in single-party negotiations ahead of surplus exempt.
133703:12:37.270 --> 03:12:41.110Community Hall: Thank you, Sam. Next, we have Seema Linskog. Welcome, Seema.
133803:12:43.450 --> 03:13:04.049Seema Lindskog: Hi there. I want to echo what, Jean Bedard said. So a couple of things. One is I, I really
strongly encourage the Council to adopt the resolution vacating the portion of the public right-of-way along
the western border of Mary Avenue so that this, development can be built. It is long overdue.
133903:13:04.050 --> 03:13:16.840Seema Lindskog: We… they may be a minority of our residents, but we have to take care of our IDD residents. They are Cupertino residents, and they deserve to have a safe and comfortable place to live.
1340
03:13:16.910 --> 03:13:29.879
Seema Lindskog: I also think that, Councilmember Ray Wong should have to recuse himself based on the
communication that was, obtained through the PRA in the disclosure documents.
134103:13:29.880 --> 03:13:38.139Seema Lindskog: Which clearly shows he has prejudged the matter and has been helping, residents to fight this project behind the scenes. Thank you for your time.
1342
03:13:40.450 --> 03:13:44.239
Community Hall: Thank you, Seema. Next, we have Mark. Welcome, Mark.
134303:13:48.380 --> 03:14:02.510Mark: Hi, my comment is simple. In this quasi-judicial hearing, you must make a finding that such portion is unnecessary for present use, but as you must be aware, the parcel is actively used by both cars, bicycles, and pedestrians.
1344
03:14:02.530 --> 03:14:12.600
Mark: Because the parcel is an actively used right-of-way, you cannot vacate it until such time as it is no longer necessary for present and prospective use.
134503:14:12.670 --> 03:14:25.550Mark: If it weren't for the housing proposal, this process would be going a lot more slowly. If you want to
move forward, please attempt to reconfigure the street to eliminate the use of the parcel, and then we can
all see if the parcel truly is no longer needed.
134603:14:26.740 --> 03:14:27.610Mark: Thank you.
134703:14:30.110 --> 03:14:30.979Community Hall: Thank you, Mark.
1348
03:14:31.290 --> 03:14:35.150
Community Hall: And our last speaker is Luis Sadati. Welcome, Louise.
134903:14:42.570 --> 03:14:43.490Louise Saadati: Hi.
1350
03:14:43.660 --> 03:14:44.939
Louise Saadati: Can you hear me?
135103:14:45.420 --> 03:14:46.369Community Hall: We can hear you.
135203:14:46.580 --> 03:14:59.640
Louise Saadati: Okay, so, I, would ask the Council to please vote yes to allow the Mary Avenue villas to
progress to final approval and development.
135303:14:59.640 --> 03:15:09.989Louise Saadati: It has been a slow, arduous 20-year process, starting with grassroots Cupertino community, including advocates for extremely low income.
1354
03:15:09.990 --> 03:15:24.759
Louise Saadati: the IDD, intellectually Developed. These people are our residents. They are people, and they
should be, made to feel welcome to continue to live here.
135503:15:24.760 --> 03:15:37.029Louise Saadati: as adults. And I would also like to support the motion that, Ray Wang be recused from this, because his communication have showed that he is,
1356
03:15:37.270 --> 03:15:50.290
Louise Saadati: already formed opinions. He's… that are, not… he's not open to all the residents, nor, coming
to a solution that is beneficial for the wider community.
135703:15:50.700 --> 03:15:56.029Community Hall: Thank you, Louise. Mayor, that concludes the request to speak on this item.
1358
03:15:56.170 --> 03:15:57.930
Community Hall: Thank you, Madam City Clerk.
135903:15:58.060 --> 03:16:05.880Community Hall: Do we have any further clarifying questions? If we have no further clarifying questions from
members of the Council, the public hearing portion is closed.
1360
03:16:06.310 --> 03:16:09.089
Community Hall: Do we have any further clarifying questions?
136103:16:10.170 --> 03:16:11.620Community Hall: Councilmember Wong?
1362
03:16:13.390 --> 03:16:15.879
R "Ray" Wang, Councilmember: I'll yield my time for comments later, thank you.
136303:16:16.290 --> 03:16:19.100Community Hall: Okay, so we're looking for clarifying questions.
1364
03:16:21.170 --> 03:16:24.180
Community Hall: From staff? From the council?
136503:16:25.580 --> 03:16:33.229Community Hall: If there's no further clarifying questions, we'll close the hearing, and then… I still have a question. Vice Mayor?
1366
03:16:33.440 --> 03:16:46.300
Community Hall: So, the… Stuff, presentations… quote from the staff presentation, based on these facts.
136703:16:46.460 --> 03:17:04.970Community Hall: the Council can determine that the right-of-way within the property limits is unnecessary for present or prospective public purposes. So we need to make that determination based on FAPS provided a
1368
03:17:05.090 --> 03:17:14.680
Community Hall: in today's agenda. So… Do we have any traffic analysis included in today's agenda?
136903:17:14.790 --> 03:17:24.459Community Hall: For present and prospective public parking uses, which is the main use for this property right now.
1370
03:17:29.810 --> 03:17:35.659
Community Hall: I do not believe I find any traffic study in today's agenda.
137103:17:36.090 --> 03:17:45.499Community Hall: I don't believe this traffic study was provided with this agenda. Okay, thank you for clarifying that. And also, the staff report did not really
1372
03:17:45.820 --> 03:17:56.370
Community Hall: clearly specify how many public stalls are currently using this property either, so it's really
hard to even figure out.
137303:17:56.750 --> 03:18:11.289Community Hall: whether this number of stalls would be necessary for present or prospective public purposes, right? With the project, there are 89 net stalls being lost, and those stalls aren't needed during
1374
03:18:12.130 --> 03:18:17.139Community Hall: Most of the year, they are utilized during some of the festivals.
137503:18:18.760 --> 03:18:27.230Community Hall: you know, and speaking with the Director of Parks and Recreation, they do require all festival coordinators to,
1376
03:18:27.990 --> 03:18:34.669Community Hall: enter an agreement with De Anza College to secure parking on their property for the festivals.
137703:18:34.900 --> 03:18:40.019Community Hall: And I do know that there are more community groups who hope to…
1378
03:18:40.390 --> 03:18:43.410Community Hall: hosted more festivals in Memorial Park.
137903:18:43.820 --> 03:18:52.349Community Hall: Not just 9, there might be more. And the Anza College is starting to charge for parking, so whether that agreement would…
1380
03:18:52.730 --> 03:18:58.429Community Hall: But anyway, none of this is… we don't have a study on… to that effect.
138103:18:58.550 --> 03:18:59.989Community Hall: Thank you.
1382
03:19:04.820 --> 03:19:05.699
R "Ray" Wang, Councilmember: Through the mayor?
138303:19:05.700 --> 03:19:07.189Community Hall: Councilmember Wang?
1384
03:19:08.390 --> 03:19:27.930
R "Ray" Wang, Councilmember: I'd like to expand on the Vice Mayor's points. Why is there a lack of data to
make a decision here in terms of studies on traffic? We've had to have private parties make a study. Why is there a lack of data on the other usage throughout the year? Why is the Memorial Park data not included in this?
1385
03:19:28.050 --> 03:19:32.909R "Ray" Wang, Councilmember: Why is there not a holistic view of this other than an opinion being made here?
1386
03:19:32.970 --> 03:19:35.240
R "Ray" Wang, Councilmember: We're supposed to be data-driven.
138703:19:35.240 --> 03:19:54.980R "Ray" Wang, Councilmember: I mean, good governance requires, incorporating neighborhood feedback. Good governance includes a holistic plan. Good governance would require we have a real traffic study. Good governance would require we doing this data-driven. Good governance would mean we would stop rushing the process for the name of efficiency instead of getting the information. So why don't we have that data in
the study?
138803:19:54.980 --> 03:19:55.900R "Ray" Wang, Councilmember: Director Mosley.
138903:20:02.250 --> 03:20:20.889Community Hall: That data was provided with the project approval on February 3rd. There's a lot of
information there for the project. This is not some brand new project that nobody is aware of. We have
talked about this project at least half a dozen times over the last, seems, year or so.
139003:20:21.020 --> 03:20:33.940Community Hall: And… and that data was provided, previously. This, action is, you know, strictly to, continue with the project, with, the vacation of the right-of-way.
1391
03:20:35.050 --> 03:20:35.790
Community Hall: Hopefully that.
139203:20:35.790 --> 03:20:49.510R "Ray" Wang, Councilmember: The project department for submission to determine not having CEQA should have that in the packet, should have that in the confirmation, should have that for the public. That's what… that was the question. I yield my time. Thank you.
1393
03:20:52.820 --> 03:20:58.630
Community Hall: Thank you. So, I believe we are now, through with the clarifying questions.
139403:20:59.180 --> 03:21:05.679Community Hall: From members of the Council, the public hearing portion is closed. Do we have a motion and a second on this item?
1395
03:21:13.680 --> 03:21:18.019
Community Hall: Councilmember Fruen? I'll move approval of the staff recommended action.
139603:21:18.440 --> 03:21:19.970
Community Hall: Okay, and do we have a second?
1397
03:21:22.610 --> 03:21:26.289
Community Hall: I will second it for discussion purposes. Okay.
139803:21:26.430 --> 03:21:32.640Community Hall: Thank you. So, moved by Councilmember Fruen, seconded by Councilmember Mohan.
1399
03:21:32.850 --> 03:21:37.249
Community Hall: And we'll open it up for, comments from the Council.
140003:21:38.800 --> 03:21:39.990Community Hall: Vice Mayor Chao?
1401
03:21:41.840 --> 03:21:49.780
Community Hall: I do… Think that we need to create more housing for…
140203:21:49.900 --> 03:21:59.169Community Hall: intellectually dependent, population, and they are part of Cupertino, and we need this kind of housing in Cupertino.
1403
03:21:59.540 --> 03:22:10.249
Community Hall: I was hoping to come in today to find sufficient evidence is provided so that I can support
the vacation of the property.
140403:22:10.910 --> 03:22:14.890Community Hall: Since I do know Mary Avenue Project relies on this vacation.
1405
03:22:15.580 --> 03:22:30.090
Community Hall: And the city attorney has stated that this particular action is a quasi-judicial action, so we
have to make decisions only based on the evidence that's available on the agenda today.
140603:22:30.830 --> 03:22:39.670Community Hall: or any supplemental desk item. I don't… I didn't find any other supplemental desk item provided today.
1407
03:22:40.420 --> 03:22:49.480
Community Hall: And, based on the staff, presentation, I'm quoting from the staff presentation, based on
these facts.
140803:22:49.720 --> 03:22:51.250Community Hall: the council…
1409
03:22:51.520 --> 03:23:08.159
Community Hall: can determine, unfortunately, I would have to say, based on these facts, the Council
cannot determine that the right of way within the property limits is unnecessary for present and prospective public purposes.
1410
03:23:08.490 --> 03:23:16.419
Community Hall: The reasons are the area to be most vacated is mostly currently used as parking stalls.
141103:23:17.090 --> 03:23:19.919Community Hall: As stated in the staff presentation.
141203:23:20.080 --> 03:23:29.769
Community Hall: The only reason that has been provided in the resolution and the staff report is that there
will be sufficient,
141303:23:29.920 --> 03:23:40.039Community Hall: Traffic lane and bike lane and sidewalk created, but that does not address the main issue, the use of parking stalls… parking.
1414
03:23:40.090 --> 03:23:57.369
Community Hall: The number of parking stores to be removed is not even mentioned in the staff report. And
the impact of removing these parking stores was not evaluated. The impact of the reduced parking supply in
the Westport project area
141503:23:57.750 --> 03:24:07.310Community Hall: is not evaluated. The impact of added demand due to newly adopted 2024 Memorial Park Master Plan
1416
03:24:07.410 --> 03:24:11.850
Community Hall: With more intensified uses was not evaluated.
141703:24:12.050 --> 03:24:30.399Community Hall: And the current festival use does not tell us what are the prospective future festival use for Memorial Park, which will be more, since the housing element requires to increase our population
1418
03:24:30.480 --> 03:24:39.480
Community Hall: by 25, 30%, like, every 8 years. Therefore, the demand on parking will be more and more. And…
141903:24:39.990 --> 03:24:51.960Community Hall: But that's not evaluated. There is no evidence. Any parking study in a previous meeting is not in today's agenda. Therefore, I do not think there is sufficient evidence
1420
03:24:52.060 --> 03:24:58.759Community Hall: effect that has been provided today to support the vacation of this parcel.
1421
03:24:58.990 --> 03:25:07.580
Community Hall: If anyone disagree, please provide that evidence. Show me where I can find the evidence in today's agenda. Thank you.
1422
03:25:09.260 --> 03:25:10.730
Community Hall: Councilmember Fruen?
142303:25:12.600 --> 03:25:22.049Community Hall: So, part of the error in the reasoning that I just heard is about the standard review that we are using here, and it is one of the reasons why I asked the city attorney to opine on it, so…
1424
03:25:22.390 --> 03:25:23.859
Community Hall: We are here…
142503:25:24.580 --> 03:25:40.219Community Hall: to consider this vacation pursuant to California Streets and Highway Code Section 8324, which reads, If the legislative body finds from all of the evidence submitted that the street, highway, or public service easement described in the notice of hearing
1426
03:25:40.310 --> 03:25:57.679
Community Hall: or petition is unnecessary for present or prospective public use, the legislative body may
adopt a resolution indicating the street, highway, or public service easement. That perhaps sounds like a very strict standard, but let's hear what the Court of Appeal has to say on what exactly this means.
142703:25:57.900 --> 03:26:11.769Community Hall: Because this is not the first time that someone has argued that the only way that you can vacate a street is if you can demonstrate that nobody ever wants to use it, or that there needs to be some
particular quantum of evidence that an individual council member can't find.
142803:26:12.180 --> 03:26:17.590Community Hall: Under its plain meaning, the word unnecessary connotes something that is not essential.
142903:26:17.750 --> 03:26:21.659Community Hall: Or needed for the continuing existence or functioning of something.
1430
03:26:22.860 --> 03:26:33.979Community Hall: Similarly, if something is not needed by the public, this condition means that it is not required, which is different from stating that the item is not wanted or desired by individual citizens.
143103:26:34.160 --> 03:26:45.390Community Hall: These definitions are consistent with the statutory language, providing that this is the
opinion of the legislative body that determines whether a road is no longer needed.
143203:26:46.040 --> 03:27:00.230Community Hall: The word opinion implies that the legislature, here, the city council, intended to provide the local legislative body with substant… with substantial discretionary authority to determine whether, in its
policy judgment.
1433
03:27:00.370 --> 03:27:10.999
Community Hall: a road continues to be necessary for traffic circulation purposes. And I think you've got plenty of evidence that it is, in fact, still able to serve its purpose. It's a two-lane street.
143403:27:11.310 --> 03:27:17.660Community Hall: It will be a two-lane street after this vacation. The only thing that's missing is some
parking.
1435
03:27:18.080 --> 03:27:21.359Community Hall: We have plenty of other evidence as to what the new
143603:27:21.840 --> 03:27:30.630Community Hall: use should be based upon the need to be consistent with our housing element. So, I really
don't understand how one can square
1437
03:27:31.060 --> 03:27:42.240Community Hall: this standard with the need to provide everything that the Vice Mayor is asking for. So, I just want to make sure that it's clear what we're doing here. This is about our policy judgment. It's not…
143803:27:42.380 --> 03:27:49.300
Community Hall: The… the type of… evidentiary hearing that it seems like the Vice Mayor wants to transform
it into.
143903:27:54.430 --> 03:27:58.979Community Hall: I do see a hand raised from, Councilmember Wong. Councilmember Wong.
144003:28:00.610 --> 03:28:12.570
R "Ray" Wang, Councilmember: Hi, I… well, I respect, Councilmember Fruon's legal prowess, in the Airport
Business Center versus Santa Rosa case, there's a point on Part 3 that basically says there needs to be a
written finding.
144103:28:12.570 --> 03:28:14.869Community Hall: It might need to be louder, we can't hear you.
1442
03:28:14.870 --> 03:28:33.449
R "Ray" Wang, Councilmember: I apologize, sorry. There's a… I do respect Councilmember Fruen's legal
prowess here. I understand that in the Airport Business Center ruling versus Santa Rosa Part 3, the
requirement to make findings, in that case, the city… the appellant contends the city abused its discretion by not supporting its surplus land designation.
144303:28:33.450 --> 03:28:51.549R "Ray" Wang, Councilmember: With written findings. We are basically not supporting why this is surplus land with written findings, because we have not done the test. We have not provided the data behind it. So
while this is an appellate court ruling, which is true, and it's available for every state and every court, and it's
the rule of the state of the land.
144403:28:51.860 --> 03:28:54.289R "Ray" Wang, Councilmember: The circumstances are a little bit more nuanced.
1445
03:28:54.320 --> 03:29:09.409
R "Ray" Wang, Councilmember: And so, I would challenge or argue that, you know, we're basically not doing our due diligence to figure out, is this CEQA ready or not CEQA ready? And by not having the data here, and having the data available to the public in this specific ruling, we are violating that law.
144603:29:09.410 --> 03:29:19.809R "Ray" Wang, Councilmember: Now, it might be a strict interpretation, and I'm not a lawyer, as you can
tell, but as a commoner and as a common person, these laws are designed to protect our neighborhoods,
our quality of life, our residents.
144703:29:19.810 --> 03:29:29.620R "Ray" Wang, Councilmember: And the fact that we are rushing a process and putting the cart before the horse only makes it even worse. And we are using procedure to try to silence council members from
1448
03:29:29.730 --> 03:29:35.800
R "Ray" Wang, Councilmember: Figuring out what's going on, having conversations with both sides,
supporting different opinions, that's even crazier.
144903:29:35.800 --> 03:29:53.879R "Ray" Wang, Councilmember: That would scare anyone who's, like, opposed to this project, saying, hey, look, everyone's trying to go after one council member here. So, the point here being is that, yes, it is nuanced. And so, do we meet the same standards of this appellate ruling? That's the question. It's a little bit
more nuanced than what's being portrayed by Councilmember Fruen here.
1450
03:29:53.920 --> 03:29:55.199R "Ray" Wang, Councilmember: So, I'll leave it at that.
145103:29:59.610 --> 03:30:01.040Community Hall: Councilmember Mohan.
1452
03:30:02.140 --> 03:30:09.789
Community Hall: I just wanted to, pick up on something Councilmember Wong said, that, there wasn't,
145303:30:10.080 --> 03:30:14.600Community Hall: adequate information about why this project should be exempt from CEQA.
1454
03:30:16.290 --> 03:30:23.709
Community Hall: I hope I, said that right, Councilmember Wong, but we did have a disc… we did have, an…
145503:30:25.330 --> 03:30:34.090Community Hall: the city attorney tell us exactly why this project should be exempt from the CEQA, CEQA
hearing.
145603:30:34.250 --> 03:30:43.979Community Hall: secret regulations. But I also wanted to go back on, on the vacation of the public right-of-
way.
145703:30:44.290 --> 03:30:47.599Community Hall: In your… and this is for staff.
145803:30:47.700 --> 03:30:54.479Community Hall: In your reasons for recommendations, and available options in your staff report.
1459
03:30:54.600 --> 03:30:57.520Community Hall: You say the vacation can happen.
146003:30:57.900 --> 03:31:01.899Community Hall: Can occur without adverse effect.
1461
03:31:03.480 --> 03:31:08.990
Community Hall: So what is adverse effect? What would con… what would constitute adverse effect?
146203:31:10.600 --> 03:31:18.780Community Hall: In this case, we're talking about, public, progression along Mary Avenue.
1463
03:31:18.940 --> 03:31:32.200
Community Hall: Mary Avenue is a neighborhood, street. People utilize it to get to their residences, and with
the project, we'll continue… the residents will continue to be able to get to their homes along the street.
146403:31:32.660 --> 03:31:39.390Community Hall: We do have adequate vehicle lanes, bicycle lanes, and pedestrian facilities to… to…
1465
03:31:39.620 --> 03:31:42.909
Community Hall: Allow that progression, and that use of the public right-of-way.
146603:31:43.810 --> 03:31:52.599Community Hall: Okay, so the loss of 83 parking spaces in itself does not… Make for adverse effect.
1467
03:31:52.870 --> 03:31:54.369
Community Hall: Is that what you're saying?
146803:31:54.810 --> 03:31:56.750Community Hall: In my opinion, no.
1469
03:31:58.370 --> 03:32:03.949Community Hall: You know, it's a public right of way, not necessarily a public right to park.
1470
03:32:06.090 --> 03:32:09.590
Community Hall: Okay, and one last question,
147103:32:10.610 --> 03:32:15.050Community Hall: We heard, residents of the neighborhood talk about,
147203:32:15.250 --> 03:32:18.769
Community Hall: The traffic situation during festivals.
1473
03:32:19.120 --> 03:32:26.040Community Hall: and how crowded it is with Memorial Park spaces being filled up, streets, and the answer.
147403:32:26.160 --> 03:32:33.479Community Hall: And the De Anza College parking may be available, may not be available in the future. Is
that…
1475
03:32:33.840 --> 03:32:34.720Community Hall: a…
147603:32:35.220 --> 03:32:43.629Community Hall: Do you look at the whole picture when you… when you said this can occur without adverse
effect, or are we looking… are you looking specifically
1477
03:32:44.340 --> 03:32:46.020Community Hall: The Mary Avenue.
147803:32:46.630 --> 03:32:47.580Community Hall: site.
1479
03:32:49.890 --> 03:32:58.450
Community Hall: Not 100% sure, what the question is there, but we are focused on the Mary Avenue site. Okay.
148003:32:58.620 --> 03:33:04.279Community Hall: The question is, Do you consider, the traffic,
1481
03:33:04.790 --> 03:33:10.690
Community Hall: situation, not just on Mary Avenue, but on,
148203:33:11.570 --> 03:33:14.910
Community Hall: the Dianza parking, and the street parking, and the…
1483
03:33:15.480 --> 03:33:18.479
Community Hall: And, basically, the loss of 83 spaces.
148403:33:18.900 --> 03:33:22.680Community Hall: Maybe I can just answer that. The…
1485
03:33:23.580 --> 03:33:36.029
Community Hall: The street remains functional. The sidewalk, the thoroughfare, the right-of-way, remains
functional. And the question is, what's the value of the parking?
148603:33:36.160 --> 03:33:41.179Community Hall: And I think that is the question before this council. You're deciding.
1487
03:33:42.390 --> 03:33:54.949
Community Hall: would we prefer to have a 40-unit, affordable housing project for the intellectually and
developmentally disabled population, or would we rather have the parking spaces? That's the policy question here.
148803:33:55.460 --> 03:33:57.299Community Hall: And so,
1489
03:33:57.500 --> 03:34:04.720
Community Hall: The information that you're seeking in the staff report, it's really unnecessary, because the question really is… is that.
149003:34:07.530 --> 03:34:08.320Community Hall: Okay.
1491
03:34:09.910 --> 03:34:12.969
Community Hall: Let me come back to that later, but for now, thank you.
149203:34:15.390 --> 03:34:27.870Community Hall: Thank you, and I have a question for the city attorney regarding this. So, our Resolution 26024 includes a specific legal finding,
1493
03:34:28.870 --> 03:34:39.950
Community Hall: regarding the administrative record, the City Council has duly considered the full record before it, including the staff report and other evidence and materials submitted or provided to the Council.
149403:34:39.990 --> 03:34:55.390Community Hall: The city argues that because, they're already approved in the architectural and site
approval permit, February 3rd, 2026, the studies associated with the prior approval are part of the whole of
the administrative record, and do not need to be reattached to every subsequent procedural vote.
149503:34:55.410 --> 03:35:11.400Community Hall: Madam City Attorney, can you confirm for the record that the November 2025 Transportation Study is considered part of the administrative record for tonight's item, even though it is not physically attached to the staff report? And does that satisfy our burds of proof for the unnecessary for
public use finding?
149603:35:12.570 --> 03:35:28.820Community Hall: You know, I think that a court would, include the information provided with the, approval of the disposition and development agreement, in looking at what constitutes the administrative record. But I,
149703:35:30.810 --> 03:35:34.189
Community Hall: And also, pardon, we are bypassing CEQA.
149803:35:34.680 --> 03:35:41.070Community Hall: Correct. I'm not entirely sure why you would be going into CEQA documents if you have
149903:35:41.360 --> 03:35:56.660Community Hall: If you're CEQA exempt. Correct. Correct. And also, with regards to the width, of the street,
going back to that 94 feet, so that's a relic
150003:35:59.530 --> 03:36:10.300Community Hall: of when this area was designed the first time, so it's… it is actually quite unusual to have such a wide right-of-way.
150103:36:10.490 --> 03:36:12.360
Community Hall: In this area, so…
150203:36:12.810 --> 03:36:22.129Community Hall: For a minor residential street, it would only be about 50 feet, and you would not even have bicycle lanes, you'd have sharrows.
150303:36:22.260 --> 03:36:25.899
Community Hall: Even if you have that, even, have that marked.
150403:36:27.610 --> 03:36:28.300Community Hall: Okay.
150503:36:29.550 --> 03:36:30.950Community Hall: Councilmember Fruen?
1506
03:36:32.190 --> 03:36:42.029Community Hall: Yeah, I just want to reiterate the sort of distinction here. This is, as the court is noting, and as the city attorney is, I think, trying to underscore.
1507
03:36:42.280 --> 03:36:46.240Community Hall: The question before us is a policy judgment, ultimately.
1508
03:36:46.280 --> 03:37:04.490
Community Hall: So, I certainly appreciate the notation to the reincorporation of other documents into the
record, and I agree with the city attorney that if a court were reviewing all of this, it would all be in one go.
The entirety of the record would be considered at once.
150903:37:04.550 --> 03:37:12.789Community Hall: But this is ultimately a policy judgment. And just for the sake of clarity as well, the case that I am reading from is not the one that is mentioned in the
1510
03:37:12.940 --> 03:37:22.810
Community Hall: the staff report with respect to the Surplus Land Act. This is the Citizens for Improved Sorrento Access, Inc. versus the City of San Diego.
151103:37:23.530 --> 03:37:35.029Community Hall: CALAP, it's 118 CalAP808, for the sake of those who want to look it up. This is specific to the vacation of a public right-of-way and the standard that has to be followed.
1512
03:37:36.020 --> 03:37:38.259Community Hall: It's different from the Surplus Land Act.
151303:37:39.890 --> 03:37:46.290Community Hall: This appears to be one of the rare times when the Council really has discretion over a development project.
1514
03:37:47.410 --> 03:37:53.350Community Hall: Thank you. Councilmember Fruen, Need more time?
151503:37:54.100 --> 03:37:56.409Community Hall: Okay. Vice Mayor Chao?
1516
03:37:56.710 --> 03:37:59.469
Community Hall: And we should be wrapping up before we go to a vote.
151703:38:02.330 --> 03:38:09.079Community Hall: I'm sharing the screen in the resolution, Let's remove the first page.
1518
03:38:09.560 --> 03:38:17.899
Community Hall: It says that the legal effect of the DEA…
151903:38:18.990 --> 03:38:33.870Community Hall: Okay, I'm sharing the screen on the first… at the bottom of the first page of the resolution.
It states that the legal effect of the DDA will be contingent upon independent…
1520
03:38:34.100 --> 03:38:45.660
Community Hall: It can be contingent upon independently finding the vacation area unnecessary for present or prospective public use.
152103:38:45.960 --> 03:38:51.249Community Hall: Soon… This is why I mentioned earlier
1522
03:38:51.520 --> 03:38:57.919
Community Hall: The finding of vacation should be independent of its future use.
152303:38:58.780 --> 03:39:18.110Community Hall: as an affordable housing project. We should be able to find, independent of that DDA, or any evidence provided in the DDA, that the vacation area is unnecessary for present or prospective public
use, which
1524
03:39:18.400 --> 03:39:20.870Community Hall: Include traffic.
152503:39:20.980 --> 03:39:34.229Community Hall: Or parking, and the parking is, for a lot of projects, is a required, part, portion of… of any
project, and including memorial Parks.
1526
03:39:34.390 --> 03:39:37.700Community Hall: master, play.
152703:39:38.210 --> 03:39:45.469Community Hall: So now I'm hearing this circular argument that somehow this decision
1528
03:39:45.990 --> 03:39:50.760
Community Hall: can use evidence from the DDA, or earlier?
152903:39:51.160 --> 03:39:55.810Community Hall: But then… so are they independent, or are they not independent?
1530
03:39:56.110 --> 03:40:03.179
Community Hall: This is an independent decision. The decision to vacate the property. And it's quasi-judicial.
153103:40:03.330 --> 03:40:18.320Community Hall: Correct. Not policy decision. Quasi-judicial decision is not a policy decision. No, no, I do think it is a policy decision. It's a decision… But it's also quasi-judicial, which should be based on evidence presented today.
1532
03:40:20.540 --> 03:40:33.650
Community Hall: It's definitely a principled values decision that the Council is making today, based on, you know, a specific set of evidence, records, testimony.
1533
03:40:34.180 --> 03:40:36.200
Community Hall: Hmm, okay, thank you.
153403:40:42.890 --> 03:40:48.260Community Hall: Madam City Attorney, We do have…
153503:40:48.930 --> 03:40:56.359
Community Hall: a, we have a motion, we have a second, yes? Okay, do you have any,
1536
03:40:56.700 --> 03:40:59.820Community Hall: Alterations with regards to the resolution?
153703:41:00.050 --> 03:41:10.269Community Hall: I don't. I do for the resolution for the next item. The next item. Okay, very well. So I…
Precious seconds left.
1538
03:41:10.500 --> 03:41:12.829Community Hall: Council, how long your hands raised?
153903:41:12.830 --> 03:41:22.020R "Ray" Wang, Councilmember: Yeah, yeah, I believe I have still some precious seconds left here. I do have
a question, and just really, based on the evidence that's there, in the packet, I did not see a form,
1540
03:41:22.080 --> 03:41:26.910R "Ray" Wang, Councilmember: that we normally fill out. There's a form for a street easement vacation that I believe Public Works has.
154103:41:26.910 --> 03:41:48.149
R "Ray" Wang, Councilmember: And so I'm curious to see where that form is in the evidence packet. I want
to know where all the utility consents are, if they've been filled out and completed. I want to know if the
utilities that provide service in Cupertino need to be contacted. Have we contacted those utilities? And how
many of those were contacted, and how many consented, and where are those letters? I also want to know which utilities were contacted. None of that's there.
154203:41:48.150 --> 03:42:00.449R "Ray" Wang, Councilmember: So it's part of the process. We don't even have that, or haven't seen it. Maybe it's, you know, there's a lot of documents to read. I don't know if our residents have even gotten to
that, so it's just another consideration for you to think about, Madam Mayor.
154303:42:04.180 --> 03:42:05.280Community Hall: Vice Mayor?
1544
03:42:06.280 --> 03:42:14.470Community Hall: Just for the record, I would like to mention that in the proposed resolution, the draft resolution.
1545
03:42:14.680 --> 03:42:27.299
Community Hall: the word parking is not even mentioned, so the most adverse impact of the vacation of the
property is not even mentioned in the…
154603:42:27.970 --> 03:42:44.339Community Hall: in the resolution, whether you consider that sufficient adverse impact or not, there is… it doesn't even mention it will not be an impact or not. So I think this resolution is, not adequate. Thank you.
1547
03:42:47.750 --> 03:42:51.230
Community Hall: Madam Mayor, if I might. Please, Councilmember Fruen?
154803:42:55.340 --> 03:43:04.809Community Hall: In the draft resolution, at… Let's see which recital number this is…
1549
03:43:09.370 --> 03:43:22.349
Community Hall: I'll go to page 3. The first recital that is actually visible does note all of the public utilities
that have been noticed, and that no objection letters have been obtained from any of those entities.
155003:43:29.340 --> 03:43:43.170Community Hall: Vice Mayor? Okay, all right. So I'm hearing no further questions or comments on this item… well, comments, I should say. Madam City Clerk, will you please conduct the roll call vote?
1551
03:43:44.440 --> 03:43:47.700
Community Hall: Yes, Mayor. Councilmember Ferwin? Aye.
155203:43:48.340 --> 03:43:49.660Community Hall: Councilmember Mohan?
1553
03:43:49.840 --> 03:43:50.600
Community Hall: Aye.
155403:43:51.010 --> 03:43:52.270Community Hall: Councilmember Wong?
1555
03:43:52.500 --> 03:43:53.140
R "Ray" Wang, Councilmember: Nay.
155603:43:54.470 --> 03:43:56.350Community Hall: Vice Mayor Chao? Nay.
1557
03:43:56.920 --> 03:43:58.510Community Hall: Mayor Moore? Aye.
1558
03:43:58.730 --> 03:44:05.050
Community Hall: The motion carries with Councilmember Wong and Vice Mayor voting no. Okay, thank you,
Madam City Clerk.
155903:44:05.370 --> 03:44:19.960Community Hall: We'll now move on to Action Calendar Item 9, considering the adoption of a resolution declaring the Mary Avenue property exempt surplus land. Madam City Manager, do we have a staff report?
1560
03:44:20.560 --> 03:44:26.890
Community Hall: Thank you, Mayor. I'm going to turn it over to our City Attorney to lead this item as well.
156103:44:31.520 --> 03:44:35.980Community Hall: Good evening again, Mayor and Council. I will, present…
1562
03:44:36.560 --> 03:44:41.940
Community Hall: the presentation on the, Mary Avenue Surplus Land Act Declaration.
156303:44:42.480 --> 03:44:45.279Community Hall: Do you see the, presentation? Yeah.
156403:44:45.480 --> 03:44:48.530
Community Hall: See if I can figure out how to advance this. Here we go.
1565
03:44:48.530 --> 03:45:07.819Community Hall: So tonight's action is to consider adopting a resolution declaring the Mary Avenue property, located along the westerly edge of Mary Avenue exempt surplus land under the California Surplus Land Act. And the recommended action will be to adopt the resolution that was included in the packet that we'll get to a little later in the presentation.
1566
03:45:08.390 --> 03:45:21.540
Community Hall: So, the property that we're talking about is the same, property that we were just talking
about. It's Parcel 1, and it's on the map there on the left at the bottom. And then, larger, zoom out from the property.
156703:45:22.650 --> 03:45:24.339Community Hall: Here's another photo of it.
1568
03:45:24.830 --> 03:45:32.629
Community Hall: And it does show Bright of… it appears to be some vacant land, and then the parking area.
156903:45:33.770 --> 03:45:53.410
Community Hall: the background. Back in fiscal year 2021-22, the city adopted a work program, and this
project was initiated at that time. In 2023, the parcel that I just showed you was created. In 2024, it was rezoned with the housing element, specifically with this project in mind.
1570
03:45:53.410 --> 03:45:57.360
Community Hall: And in… on February 3rd of this year.
157103:45:57.360 --> 03:46:08.450Community Hall: a low-income housing project approved by the City Council, was approved by the City Council, and it's… that, project is contingent upon this decision, among other actions.
1572
03:46:08.790 --> 03:46:11.630
Community Hall: The area mostly serves as parking stalls.
157303:46:12.680 --> 03:46:19.469Community Hall: Our information is it's underutilized parking, except for festivals, which are approximately 9 days a year.
1574
03:46:19.940 --> 03:46:24.480
Community Hall: Here's, a detail of the property.
157503:46:26.490 --> 03:46:35.340Community Hall: So, the surplus… the Surplus Land Act, requires, before the city disposes of surplus land.
157603:46:35.340 --> 03:46:48.720
Community Hall: it, comply with the requirements of this Act. It defines surplus land as land owned in fee
simple that is not necessary for an agency's use.
157703:46:49.040 --> 03:46:59.450Community Hall: An agency's use includes land used or planned to be used for agency work or operations, pursuant to a written plan adopted by the governing body.
1578
03:47:00.420 --> 03:47:08.030
Community Hall: The property is not currently used for city operations, and is not identified in an adopted
plan for future city work
157903:47:08.140 --> 03:47:09.819Community Hall: or operational use.
1580
03:47:10.910 --> 03:47:17.189
Community Hall: A local agency is not required to find that land is of no public use in order to determine that
it is surplus.
158103:47:22.190 --> 03:47:28.930Community Hall: Pursuant to the government code, when a publicly owned, non-vacant site is to be included
in a housing element.
1582
03:47:29.190 --> 03:47:43.920
Community Hall: site, the city must describe the existing use, disclose any plans to dispose of the property, and during the planning period, I mean, dispose of the property during the planning period, and explain how it will comply with the Surplus Land Act.
158303:47:45.150 --> 03:47:57.889
Community Hall: HCD found the city's housing element to be in substantial compliance pursuant to the
government code, which necessarily includes review of the site's suitability and availability for residential
development.
158403:47:59.630 --> 03:48:13.369Community Hall: Accordingly, based on the site's identification for an affordable housing project, its underutilized parking condition, and the city's adopted housing policies, the city may determine that the project is surplus land under the Surplus Land Act.
1585
03:48:15.080 --> 03:48:20.849
Community Hall: So, in this instance, when you're… when a city is planning on disposing of surplus land.
158603:48:21.430 --> 03:48:27.009Community Hall: Usually, they have to go through a whole notice period, and it's, you know, quite involved, the process.
1587
03:48:27.170 --> 03:48:35.319
Community Hall: Our project, the Mary Avenue project, is a 100% affordable housing project, and so
158803:48:35.320 --> 03:48:50.640Community Hall: the Surplus Land Act, exempts a project like ours from having to go through all of that procedure of noticing the world, that the property's available, etc. It makes for a much more efficient process.
1589
03:48:50.900 --> 03:48:57.859Community Hall: Because our property is 100% of residential units are restricted to low or moderate income households.
159003:48:58.290 --> 03:49:02.140Community Hall: At least 75% of the units are restricted for lower income.
1591
03:49:02.470 --> 03:49:20.429Community Hall: and the affordability is secured by a recorded covenant for a period of 55 years. In fact, ours is secured for 99 years. The Council may determine that the project qualifies as exempt surplus land under the Surplus Land Act, so we qualify for that exemption.
159203:49:22.450 --> 03:49:28.489
Community Hall: So tonight's action is to consider adopting a resolution declaring the Mary Avenue property
159303:49:28.890 --> 03:49:44.249Community Hall: exempt surplus land. And, I present to you the recommended action, which is to adopt the resolution that was included in the packet, but I would like to make one minor alteration, and the minor alteration is to
1594
03:49:44.450 --> 03:49:53.069Community Hall: Under the… Under the section, now, therefore, be it resolved in the resolutions.
159503:49:53.560 --> 03:49:55.509Community Hall: Section number 3.
1596
03:49:56.700 --> 03:50:10.290
Community Hall: you'll notice that paragraph, most of the paragraphs end with a period, this one ends with an AND, and the third prong was, omitted there, and I'll read the third prong, which is 3.
159703:50:10.510 --> 03:50:21.649Community Hall: Although a portion of the property has been used for public parking purposes, it is not essential for the agency's operational needs, and thus appropriately declared as surplus land.
1598
03:50:21.780 --> 03:50:24.859Community Hall: And then, it cites to…
159903:50:25.030 --> 03:50:30.289Community Hall: The case that has been referred to earlier, Airport Business Center versus City of Santa Rosa.
1600
03:50:30.660 --> 03:50:34.480Community Hall: So, that is the recommended action of staff.
160103:50:36.720 --> 03:50:39.569Community Hall: All right, thank you, Madam City Attorney.
1602
03:50:40.740 --> 03:50:45.329
Community Hall: Do we have any clarifying questions from the Council at this time?
160303:50:47.840 --> 03:50:51.380Community Hall: I'm not seeing any hands raised.
1604
03:50:51.880 --> 03:51:03.979
Community Hall: Okay, so we're going to go out for public comment. Madam City Clerk, do we have
members of the public who would like to comment on this item? And again, we'll be providing one minute per individual, groups of five. We'll have
1605
03:51:04.400 --> 03:51:06.420
Community Hall: 4 minutes?
160603:51:06.960 --> 03:51:16.509Community Hall: You have speaker cards for this? Yes, Mayor. I have about 10 requests to speak in person,
and at this time, one hand raised virtually. All right, thank you.
160703:51:21.010 --> 03:51:37.339Community Hall: Okay, so members of the public wishing to speak regarding this item shall submit a request to speak or raise their hand virtually within 9 minutes of the start of public comment, or before the public comment period is closed, whichever comes first. So, at this time, we will move to in person. We have Jennifer Griffin.
1608
03:51:37.560 --> 03:51:43.449
Community Hall: Followed by Sunil, followed by Ranjan. Welcome, Jennifer.
160903:51:44.270 --> 03:51:53.739Community Hall: And just as a reminder that we're speaking to item 9, the resolution declaring the Mary Avenue property exempt surplus land.
1610
03:51:53.740 --> 03:52:08.829
Community Hall: And we have one minute, is that correct? Okay. I calculated that this property's worth
$855,000 at $45,000 per parking space, 19 of them, that is Washington, D.C. It might be worth more than that.
161103:52:08.890 --> 03:52:14.289Community Hall: I… Yes, I do want Mary Avenue Villis to
1612
03:52:14.430 --> 03:52:30.510
Community Hall: proceed, but this is an unusual location to have affordable housing on the side of the road. So, I want to make sure that if Cupertino does declare this surplus, even if it is 99 years, we get it back
161303:52:30.700 --> 03:52:31.500Community Hall: Well…
1614
03:52:31.910 --> 03:52:50.420
Community Hall: I don't know, are you putting any stipulation in if this project does not proceed within X amount of time? Is this property being deeded to someone? Will Cupertino retain ownership of it? I really want to make sure that nothing
161503:52:50.520 --> 03:52:54.490
Community Hall: Strange happens with this property if, for some reason.
1616
03:52:54.650 --> 03:53:00.649Community Hall: In a reasonable amount of time, this project does not proceed. We get it back.
1617
03:53:01.480 --> 03:53:03.280Community Hall: I'm dubious.
1618
03:53:03.410 --> 03:53:07.569
Community Hall: of surplusing land, but we get it back. Thank you, Jennifer.
161903:53:08.160 --> 03:53:20.379Community Hall: Next, we have Sunil, followed by Ranjan, followed by Connie Cunningham. Welcome, Sunil. Thank you. Hello, Councilmembers. I'm Sunil, I'm a resident of Cupertino for about 15 years now.
1620
03:53:20.380 --> 03:53:36.570
Community Hall: And I use the Mary Avenue continuously on a daily basis. It's a nightmare to go through
that process right now of traffic, and, you know, having these villas out there and calling this a surplus…
non-surplus land is going to be an issue for us as a resident.
162103:53:36.570 --> 03:53:48.480Community Hall: There's a lot more traffic in that area. It's not a safe place to go every day with the schools in the morning, and there's a lot of other public transportation. The Cupertino has a…
1622
03:53:48.560 --> 03:53:51.480
Community Hall: A storage facility there. There's a lot of
162303:53:51.480 --> 03:54:15.659Community Hall: heavy vehicles transport in that area with the schoolchildren out there, and residents trying to cross in the morning times, and having this villa is going to be a nightmare out there. It's a safety issue. I really oppose this, you know, this plan to be converted, and I just want to raise this issue as in a safety
concern for the residents, and that's the only way out exit from us on the Meteor Drive and other adjacent
locations for us to go out.
162403:54:15.770 --> 03:54:17.709Community Hall: Towards the city. Thank you.
162503:54:18.070 --> 03:54:22.809
Community Hall: Thank you, Sunil. Next, we have Ronjand, followed by Connie Cunningham.
162603:54:22.960 --> 03:54:41.530Community Hall: Followed by, Janet Van Zorn, if she's still here for the group. Welcome, Raja. Hello, I heard again the 9 number here. There are no 9 festivals at all. We are given wrong information, wrong evidence here, to misguide the council members here, and that's not fair.
1627
03:54:41.590 --> 03:54:52.230
Community Hall: I would like to repeat that again and make sure that it is not 9 at all. It is the 9th festival
that happened in Umbrill Park, and it is more than 9, definitely. Maybe, like, in hundreds, okay?
162803:54:52.320 --> 03:55:12.110
Community Hall: The other part that I want to say is about the right-of-way. It's bigger because of this only
exit. It's… it's kind of a safety issue here for all. I'm not against Miriam Avilas, but it's kind of… this is not the place for it to happen here, right? So, and the right-of-way had to be done before, much before the public, but, you know, this is the next language, you know, we are…
1629
03:55:12.110 --> 03:55:31.500
Community Hall: It was very clear to me that everyone here who voted here was biased, and this was
actually kind of the thing which says, that there should be… there should not be, you know, predefined or prejudiced about this, but I see that it's been happening, and they're only… I don't know, it's very clear.
163003:55:32.070 --> 03:55:34.329Community Hall: Thank you. Thank you, Rajan.
1631
03:55:34.590 --> 03:55:41.230
Community Hall: Next, we have Connie Cunningham, followed by Janet Van Zorn's group, followed by Lena. Welcome, Connie.
163203:55:43.000 --> 03:55:44.970Community Hall: Good evening, Mayor Marr.
1633
03:55:45.260 --> 03:55:50.840
Community Hall: Vice Mayor Chao, Council Members, City Manager, and City Attorney.
163403:55:51.240 --> 03:56:02.000Community Hall: Thank you again to the City staff for their excellent work, and to the City Attorney for opinions we can rely upon that the project meets legal requirements.
1635
03:56:02.870 --> 03:56:07.799
Community Hall: I urge Council to approve the recommendations for Agenda Item 9.
163603:56:07.940 --> 03:56:21.380Community Hall: Find the project exempt from CEQA, and declare the Mary Avenue property to be exempt surplus land pursuant to the provision of the Surplus Land Act codified in the California Government Code.
1637
03:56:21.790 --> 03:56:33.320
Community Hall: This project strikes a good balance among city needs. Housing, roadway, Parking, pedestrians, and bicycling.
163803:56:33.670 --> 03:56:43.270Community Hall: My name is Connie Cunningham, 38-year resident, currently chair of the Housing Commission, speaking for myself only. Thank you so much for this time to speak.
1639
03:56:43.950 --> 03:56:45.249Community Hall: Thank you, Connie.
1640
03:56:45.520 --> 03:56:50.080
Community Hall: Next, we have… Janet? Nope. Okay.
164103:56:50.830 --> 03:56:52.270Community Hall: Next, we have Lena.
1642
03:56:56.650 --> 03:57:03.050Community Hall: Can I use the projector again, please? Yes, video, would you be able to display the projector? Thank you.
164303:57:03.150 --> 03:57:03.910Community Hall: Thank you.
1644
03:57:05.980 --> 03:57:16.469Community Hall: Hi, I'm speaking in opposition of the vote, the remaining vote tonight. I did want to address two things. The first is the comment that the streets remain functional at 94 feet.
164503:57:16.660 --> 03:57:27.330Community Hall: Okay, but we have to look at the lanes that are being narrowed. The two traffic lanes are
being narrowed to 11 feet each. In this photo, you can see the 10-foot wide service truck
164603:57:27.330 --> 03:57:40.890Community Hall: Going back to the Cupertino Service Center at the end of Mary Avenue, right by the bike bridge. Over 75 vehicles pass every day. You can see there's safety concerns. When you… when you narrow the lane further from this current condition.
1647
03:57:41.000 --> 03:57:46.399
Community Hall: This is what it's going to look like. The trucks are going to sway, doors are going to open
and hit.
164803:57:46.530 --> 03:57:50.490Community Hall: Cars, trucks, It's… that's…
1649
03:57:50.590 --> 03:57:58.090
Community Hall: an unaddressed issue that Paul Krupta has addressed in his evidentiary submittal to the
record. Secondly.
165003:57:58.430 --> 03:58:18.099Community Hall: The November parking report by Hexagon is insufficient and under estimates the traffic count. It was performed during spring break. People are out of town. I'm going to submit all of this as evidence for the record. Thank you, Lena. Next, we have Jean Badore, followed by Yvonne Thorstenson,
followed by Pradeep.
1651
03:58:18.410 --> 03:58:21.850Community Hall: If Purdue would like to speak again, Welcome, Jean.
1652
03:58:23.650 --> 03:58:31.039Community Hall: Thank you. My name is Jean Bedoured, and I'm a resident of Cupertino, and I will be brief. Please approve this.
1653
03:58:31.340 --> 03:58:41.719
Community Hall: This is a… it's been a long, drawn-out process. I can't believe how much time we have
spent on a project that makes a lot of sense.
165403:58:42.470 --> 03:58:51.400Community Hall: the, the Council… his… Identified a piece of land that can be put to better use, to benefit.
1655
03:58:51.820 --> 03:58:57.869
Community Hall: Cupertino residents, so let's finish the job. Approve it tonight.
165603:58:58.080 --> 03:59:02.840Community Hall: Thank you. Thank you, Jean. Next, we have Yvonne Thorsenson.
1657
03:59:10.110 --> 03:59:13.289
Community Hall: Again, one minute is such a short period of time.
165803:59:14.170 --> 03:59:17.199Community Hall: But I just wanted to, to,
165903:59:18.050 --> 03:59:23.980
Community Hall: reiterate my enthusiastic support for this Marriott Avenue Villas project.
1660
03:59:24.120 --> 03:59:26.640Community Hall: And my…
166103:59:27.470 --> 03:59:36.949Community Hall: Belief that it… that this is a really best use of this surplus property, and that it… that
creating the…
1662
03:59:37.790 --> 03:59:42.480Community Hall: taking this resolution today to finish the declaration and
166303:59:42.580 --> 03:59:45.740Community Hall: Move this project along is the right thing to do.
1664
03:59:45.870 --> 04:00:01.529
Community Hall: It's the thing that… thing… the right thing for the legacy of the city to build for the future, and to welcome new neighbors into a small but vibrant community filled with people, not cars.
1665
04:00:01.820 --> 04:00:02.840
Community Hall: Thank you.
166604:00:04.500 --> 04:00:05.930Community Hall: Thank you, Yvonne.
1667
04:00:06.770 --> 04:00:08.859Community Hall: Next, we have Pradeep.
166804:00:09.920 --> 04:00:12.219Community Hall: Followed by Kiran. Welcome, Pradeep.
1669
04:00:15.780 --> 04:00:29.869
Community Hall: Yeah, I would like to repeat the same thing, that this project is, causes safety concerns, as presented by Lynn or someone about… I think that's a very good, incident of having too many cars in a narrow strip of
167004:00:30.050 --> 04:00:34.849Community Hall: Road, and having apartment complexes and adding to the traffic.
1671
04:00:34.960 --> 04:00:41.340Community Hall: So I think it's, it'll be a huge, traffic congestion during events and even regular,
167204:00:41.540 --> 04:00:43.429Community Hall: peak time traffic.
1673
04:00:43.720 --> 04:00:52.169
Community Hall: And, I'm a nearby resident, I use this section very regularly to go in and out, and get to the freeways, so…
167404:00:52.320 --> 04:00:58.849Community Hall: Again, I object to the whole project for… for this strip of land. Thank you.
1675
04:00:59.360 --> 04:01:03.700
Community Hall: Thank you, Pradeep. Next, we have Kiran. Welcome, Karan.
167604:01:05.990 --> 04:01:19.789Community Hall: Hello, good evening, Mayor, Vice Mayor, City Council members. My name is Kieran Varshnira. I am part of the Cupertino Rotary Club Housing Corporation. I'm a board member, but today I'm speaking on my own behalf.
1677
04:01:19.810 --> 04:01:31.759Community Hall: as an individual. So I want to really commend the City Council members for following a stepwise process of review, public hearing, and then approval.
1678
04:01:31.760 --> 04:01:42.349Community Hall: Regarding the item 9 that we are discussing today and my comments, this is a priority housing element site. It is 100% affordable housing.
1679
04:01:42.350 --> 04:01:57.799
Community Hall: as has been allocated by the project. It's inclusive. It includes allocation for the IDD
population, individuals with development disabilities. In the last Planning Commission meeting of February 10th.
168004:01:57.870 --> 04:02:12.509Community Hall: The Planning Commission have approved, they've adopted the resolution finding that the location, purpose, and extent of the disposition of the Mary Avenue project site is consistent with the general
plan. Thank you, Kwan. That is your time.
168104:02:15.240 --> 04:02:20.989Community Hall: Mayor, we will move to the request to speak virtually. We have two hands raised. Welcome, Sam.
168204:02:23.840 --> 04:02:29.159
San Rao: Good evening, Mayor Moore and Councilmembers and Planning Commissioners, speaking on behalf
of myself only.
168304:02:29.460 --> 04:02:33.960San Rao: I want to bring to your attention that the actions you're taking right now are not
168404:02:34.190 --> 04:02:36.760
San Rao: In compliance with the noticing period.
168504:02:36.990 --> 04:02:51.860San Rao: The noticing period for even exempt triplus requires a 30-day notice period after the land is owned in fee simple by the city. The land is not owned in fee simple by the City until the vacation is complete, until the resolution to vacate is signed.
1686
04:02:52.060 --> 04:02:59.139
San Rao: And until a 30-day period is provided for residents to comment. So the timeline… That follows
between vacation.
168704:02:59.330 --> 04:03:02.619San Rao: And the exempt surplus deeming.
1688
04:03:02.800 --> 04:03:05.969
San Rao: Is basically that once the public hearing is held.
168904:03:06.140 --> 04:03:08.690San Rao: And Council adopts the resolution to vacate.
169004:03:09.420 --> 04:03:16.069San Rao: You then need to record the vacation and publish that, and the public body responds.
1691
04:03:16.410 --> 04:03:19.209
San Rao: Has a 30-day window from the notice of receipt.
169204:03:19.360 --> 04:03:21.900San Rao: To be able to object or appeal to the vacation.
1693
04:03:22.540 --> 04:03:25.019
San Rao: And until that window elapses.
169404:03:25.020 --> 04:03:27.249Community Hall: You cannot start the exempt surplus.
169504:03:27.520 --> 04:03:28.499
Community Hall: Thank you, San.
1696
04:03:28.770 --> 04:03:31.930Community Hall: Next, we have Luis Sadati. Welcome, Luis.
169704:03:38.400 --> 04:03:40.049Louise Saadati: Hi, can you hear me now?
1698
04:03:40.360 --> 04:03:40.930
Community Hall: We can hear you.
169904:03:41.190 --> 04:03:51.100Louise Saadati: Okay, thank you for the time that you're spending on this meeting and all the other meetings. I would ask you to vote yes
1700
04:03:51.100 --> 04:04:04.909
Louise Saadati: on this item. This vote is needed to allow the Mary Avenue villas to progress to final approval and development. It's been a slow, arduous 20-year process, and there's been
170104:04:04.910 --> 04:04:15.560Louise Saadati: many council meetings and planning commission meetings and studies, with many issues
having been addressed, including traffic and safety. And people can continue to
1702
04:04:15.560 --> 04:04:31.169Louise Saadati: throw objections repeatedly, recycling them for another 20 years. But it's been 20 years, it's time to move on. This site is part of the required housing element that ACD approved.
1703
04:04:31.170 --> 04:04:45.130Louise Saadati: June 16, 2026 is the HCD deadline for Cupertino to meet the housing element required for below-market housing. We need to keep the housing that is below market in our housing element.
1704
04:04:45.610 --> 04:04:46.610
Louise Saadati: Thank you.
170504:04:47.190 --> 04:04:50.800Community Hall: Thank you, Louise. Mayor, that concludes the request to speak on this item.
1706
04:04:52.550 --> 04:04:55.859
Community Hall: All right, thank you, Madam City Clerk.
170704:04:56.410 --> 04:05:01.890Community Hall: Do we have any, questions, comments, or a motion from the Council at this time?
170804:05:03.560 --> 04:05:06.170
Community Hall: I see a hand raised by Councilmember Wong.
1709
04:05:07.980 --> 04:05:09.449R "Ray" Wang, Councilmember: Thank you.
171004:05:09.670 --> 04:05:24.989R "Ray" Wang, Councilmember: I just want to get clarification from our city attorney, if possible. And it's
more of a nuanced question involving two separate legal processes. We've got street vacation under the
California Streets and Highway Safety Code, and Exempt Surplus Land Declaration under the Surplus Land
Act.
171104:05:25.280 --> 04:05:30.479R "Ray" Wang, Councilmember: And so, are these two separate processes, City Attorney?
1712
04:05:31.840 --> 04:05:32.520
Community Hall: They are.
171304:05:33.260 --> 04:05:41.010R "Ray" Wang, Councilmember: Okay, and if they are two separate processes, are we allowed to legally collapse them into one act here? Because…
1714
04:05:42.000 --> 04:05:57.599
R "Ray" Wang, Councilmember: From my understanding, and talking to some other experts in this field, the
land has to first be vacated before it can be declared surplus. You can't declare land former street, right-of-
way, or easement surplus under State Code 5422,
171504:05:57.670 --> 04:06:06.389
R "Ray" Wang, Councilmember: 1F1E until the vacation is complete, and the land is owned in fee simple by
us, the local agency. Is that true or not?
171604:06:08.930 --> 04:06:17.680Community Hall: I don't know exactly the law on that point, but we did do the vacation first. They are two
separate actions, and the vacation passed, and then we,
171704:06:18.010 --> 04:06:19.790Community Hall: moved to the Surplus Land Act.
171804:06:20.210 --> 04:06:22.250Community Hall: exemption approval.
1719
04:06:23.060 --> 04:06:40.870R "Ray" Wang, Councilmember: And then in the vacation process, under the notification requirements in the California State Highway Code 82… 8323, before any vacation, it can occur at least 2 weeks before the day set for the public hearing, notices of vacation must be posted along the street or public service easement proposed to be vacated.
1720
04:06:40.990 --> 04:06:43.189
R "Ray" Wang, Councilmember: The question to staff, have we done that?
172104:06:46.730 --> 04:06:55.830Community Hall: I see Director Mosley chatting yes, and it's my understanding that that did happen. We checked in throughout the process, and that did occur.
1722
04:06:56.430 --> 04:07:14.409
R "Ray" Wang, Councilmember: Okay, and then under California State Highway Code 83224, the City Council
shall hear evidence offered by interested persons at the above required public hearing, which is this. If the
City Council finds from all the evidence submitted that the public street or public service easement is unnecessary for present or prospective public use.
172304:07:14.620 --> 04:07:23.449R "Ray" Wang, Councilmember: the City Council may then adopt a city engineer reports and findings to
vacate. Do we feel that that's been sufficient in terms of the evidence so far?
1724
04:07:23.820 --> 04:07:26.740Community Hall: I do believe that it has been sufficient this evening, yes.
172504:07:26.900 --> 04:07:31.880R "Ray" Wang, Councilmember: Even without traffic studies and data and information that the residents
continue to bring up?
1726
04:07:31.880 --> 04:07:46.129Community Hall: Point of order, this… isn't this the vacation item? Excuse me, Councilman, the Mayor is… is… is accurate. We just, heard that item. That was the item we heard before.
172704:07:46.130 --> 04:07:57.429R "Ray" Wang, Councilmember: But in the exempt surplus land declaration process, once vacation is complete, and the land is agency-owned, then that triggers its own procedural requirements. So are we combining both at once here?
1728
04:07:58.180 --> 04:08:02.109Community Hall: No, we're not. We manage the two questions separately.
172904:08:03.630 --> 04:08:04.190R "Ray" Wang, Councilmember: Okay.
1730
04:08:04.620 --> 04:08:06.450
R "Ray" Wang, Councilmember: I just want to double check. Thank you.
173104:08:07.020 --> 04:08:18.560Community Hall: Thank you for that, question there, because that was something we debated, during agenda setting, during the agenda setting process, and we were,
1732
04:08:18.560 --> 04:08:31.980
Community Hall: Because we knew that we would end up hearing, two items, and that we would end up having two public comment periods on the item, making it, potentially a very, very long,
173304:08:32.010 --> 04:08:39.259Community Hall: items. So, we had hoped that we could combine the items, but it, turned out that we
1734
04:08:40.140 --> 04:08:46.450
Community Hall: I don't know if the word is… could not, but we did not.
173504:08:46.450 --> 04:08:47.479R "Ray" Wang, Councilmember: Mayor, Mayor, good.
1736
04:08:47.480 --> 04:09:03.020
Community Hall: And that's why we… and we wanted to see if we could have a combined hearing with the
action item, because one of the items rises to the level of being a public hearing, and the other, does not. So that's… that's how.
173704:09:03.020 --> 04:09:03.740R "Ray" Wang, Councilmember: This came to…
1738
04:09:03.740 --> 04:09:16.459
Community Hall: be that that's how this came to be, that we have a hearing item and an action calendar item. Councilmember Wong, do you have further, comments or questions?
1739
04:09:16.460 --> 04:09:23.730
R "Ray" Wang, Councilmember: Mayor, I appreciate that clarity in the agenda setting, and during the agenda setting process, did the local… did we, as the local agency, provide.
1740
04:09:23.730 --> 04:09:32.460
Community Hall: Pardon, this is not an item about agenda setting, so please stick to the, is the, is the item,
174104:09:32.460 --> 04:09:35.720R "Ray" Wang, Councilmember: We provide proper notice at least 30 days before the exemption takes place.
174204:09:35.720 --> 04:09:46.240
Community Hall: Pardon? Okay, I'm sorry, Councilmember Wong. This… the item is a resolution declaring
the Mary Avenue property exempt surplus land under the.
174304:09:46.240 --> 04:09:46.830R "Ray" Wang, Councilmember: calendar.
174404:09:46.830 --> 04:09:49.650
Community Hall: a surplus Land Act.
1745
04:09:49.780 --> 04:09:53.589Community Hall: Do you have a question or a comment to that item?
174604:09:53.590 --> 04:10:04.239R "Ray" Wang, Councilmember: Mayor, I appreciate that, and the nuance is not in your agenda setting. The
nuance is in the thought process in general. As the city, have we provided notice at least 30 days before this
exemption takes effect?
174704:10:04.870 --> 04:10:21.199R "Ray" Wang, Councilmember: Because you can't… when you combine the two, and I understand the expediency and the need and the bias for action here, but don't we have to provide 30 days before the exemption takes effect for the surface land before you can then vacate it? I mean, the order of operations seems incorrect here, and…
1748
04:10:21.480 --> 04:10:23.509
R "Ray" Wang, Councilmember: City Attorney, can you validate that?
174904:10:23.930 --> 04:10:29.929Community Hall: I, I don't believe the order of operation is incorrect, and, once…
1750
04:10:30.000 --> 04:10:47.629
Community Hall: the Council acts on the current agenda item. If it passes, then we deliver the resolution to
HCD for its review and approval within 30 days of the item passing.
175104:10:48.090 --> 04:10:50.909
R "Ray" Wang, Councilmember: We don't have to do any noticing at all, City Attorney?
1752
04:10:52.280 --> 04:10:57.080
Community Hall: All of the noticing for the vacation already occurred, the separate item.
175304:10:57.180 --> 04:11:00.530Community Hall: Under the Surplus Land Act, I don't think we need to do any noticing.
1754
04:11:02.140 --> 04:11:19.439
R "Ray" Wang, Councilmember: Maybe I have bad advice, and maybe this is not true, but I believe the order
is vacation followed by surplus exempt, and a 30-day notice is required after vacation. If they… if you notice before it occurs, then that's biased, and noticing is needed for surplus land exempt. Is there an exception to that noticing in this case?
175504:11:20.530 --> 04:11:21.589
Community Hall: I don't really know what you…
1756
04:11:22.090 --> 04:11:24.219Community Hall: I don't really know what you mean by noticing.
175704:11:24.480 --> 04:11:37.230Community Hall: I consider noticing to be the time when you tell the public that an action is going to be
taken. Pay attention. If you want to participate, here's your notice, here's when you can participate.
1758
04:11:37.420 --> 04:11:44.789Community Hall: Notice to HCD is a different thing. That's where the city sends its package to HCD to say, hey, HCD,
175904:11:44.950 --> 04:11:47.989
Community Hall: Agree that we're exempt so we can move forward.
1760
04:11:48.270 --> 04:11:55.109Community Hall: And, HCD has 30 days to provide their feedback to you. But those are two completely different
176104:11:55.320 --> 04:11:59.019
Community Hall: Kinds of noticing, and the city is complying with both.
1762
04:11:59.290 --> 04:12:00.650Community Hall: In the right order.
176304:12:00.870 --> 04:12:03.969R "Ray" Wang, Councilmember: So we have 30-day notice for the surplus land vacation?
1764
04:12:05.310 --> 04:12:09.740
Community Hall: not… it's not a vacation. The Surplus and Land Act Is not a vacation.
176504:12:09.740 --> 04:12:11.240R "Ray" Wang, Councilmember: Designation. Designation, sorry.
1766
04:12:11.240 --> 04:12:19.980Community Hall: exemption, yeah, correct. We have 30 days, well, to notify HCD that we are claiming the exemption.
176704:12:20.150 --> 04:12:21.440R "Ray" Wang, Councilmember: What about the public?
1768
04:12:24.310 --> 04:12:25.320Community Hall: Pardon me?
176904:12:25.320 --> 04:12:27.299R "Ray" Wang, Councilmember: Does the public need 30 days notice?
1770
04:12:29.230 --> 04:12:32.820
Community Hall: No. This is not, notice to the public.
177104:12:33.400 --> 04:12:39.819Community Hall: This is notice to HCD, so that HCD can decide if they agree that you qualify for the exemption.
1772
04:12:41.760 --> 04:12:49.970
R "Ray" Wang, Councilmember: Okay, so this is the government code 54221B4HCD guidelines and 103C1 30-day notice period.
177304:12:52.350 --> 04:12:53.530Community Hall: That's what I'm talking about.
1774
04:12:53.770 --> 04:12:54.690
R "Ray" Wang, Councilmember: Okay, thank you.
177504:13:00.510 --> 04:13:03.819Community Hall: Madam City Attorney, I would verify that code.
1776
04:13:05.910 --> 04:13:14.130
Community Hall: Thank you. I probably should verify the code. Yeah. With the… with the numbers, are
accurate.
177704:13:16.140 --> 04:13:25.270
Community Hall: Okay, do I have any, further, comments or clarifying questions from the Council, or do we
have a motion?
177804:13:26.820 --> 04:13:31.719Community Hall: It's time. Do we have… actually, could we have a motion for our deliberation purposes?
1779
04:13:34.900 --> 04:13:49.960Community Hall: Councilmember Fruen, I believe? So I'll make the motion for the purpose of deliberation to approve the staff recommended action with the amendment that was offered by the City Attorney at the top of the discussion. Okay, more second.
178004:13:50.620 --> 04:13:54.629
Community Hall: So, motioned by Frewin, seconded by Moore,
178104:13:55.600 --> 04:13:59.309Community Hall: We'll move back to home panel. Vice Mayor Chao?
178204:13:59.590 --> 04:14:04.850Community Hall: Just follow up on the questions from the public.
1783
04:14:05.190 --> 04:14:07.400Community Hall: I think then…
178404:14:07.910 --> 04:14:22.790Community Hall: I think one person asked about, what would happen to the exempt property after it's sold or leased to another party. Could you… I think we have covered this in
1785
04:14:22.880 --> 04:14:32.580Community Hall: the last time, but could you remind the public what was the decision? After today, the DDA will be in effect, and then what
178604:14:32.580 --> 04:14:46.940Community Hall: what happened to this property? The DDA very clearly states that, if for some reason, the
property is not, developed, that the property would come back to the city.
178704:14:47.000 --> 04:15:06.719Community Hall: The likelihood of that happening, though, is very low, because once the tax credits are allocated and the tax credit partners who now own a very valuable asset and only remains valuable if the project is built and if it remains affordable during the regulatory period.
1788
04:15:06.740 --> 04:15:21.599
Community Hall: Those partners will be, watching, and if it appears the project is going sideways, they will
have every incentive to protect their investment and ensure that the project is built.
178904:15:21.600 --> 04:15:30.320
Community Hall: But setting that aside, if for some reason the project is not built, the land will come back to
the city. And at the end of the 99 years.
179004:15:30.360 --> 04:15:36.840Community Hall: The city has the opportunity to repurchase the property, for…
1791
04:15:36.890 --> 04:15:44.390Community Hall: The cost only of the fair market value of the improvements on the property without having to pay for the land.
179204:15:44.550 --> 04:15:52.689Community Hall: Yeah, so just to clarify, so as of right now, the DDA, we will sell the property to the…
1793
04:15:53.130 --> 04:16:05.799Community Hall: applicant, which is… will be now at Mary Avenue LP, which will be a company that's created, based on the resolution. And then there will be Covenant.
179404:16:05.990 --> 04:16:23.369Community Hall: that all the below market rate units will be below market rate for 99 years, right? Correct.
Okay, thank you. And the other second question from the public is about the traffic from the service center.
So,
179504:16:24.230 --> 04:16:32.160Community Hall: So how much is the traffic from the service center? And there was a picture of a large truck. I don't assume that…
1796
04:16:32.390 --> 04:16:35.939
Community Hall: That's not a typical city truck, right?
179704:16:37.030 --> 04:16:43.240Community Hall: Perhaps we can ask Director Mosley to, Chime in on that.
179804:16:44.490 --> 04:16:47.350
Community Hall: This is a screenshot I saved.
179904:16:53.640 --> 04:16:56.320Community Hall: Hello, if you wouldn't mind repeating the question.
180004:16:56.670 --> 04:17:05.110Community Hall: So the public was concerned about the traffic from service center, how often they…
1801
04:17:05.420 --> 04:17:17.539Community Hall: how frequent is the traffic, and the size of the trucks from the service center. There is a picture, I'm not sure, probably not a typical city truck.
1802
04:17:17.660 --> 04:17:19.130Community Hall: Yeah, I'm… I'm…
1803
04:17:19.590 --> 04:17:25.140
Community Hall: That photo, I'm not sure, is it City Truck? It could be, but I'm not 100% sure. Our typical…
180404:17:25.330 --> 04:17:41.940Community Hall: vehicles are, what they like to call medium-duty trucks, which are your Ford F250s, Ford F-150s. We do have some larger vehicles. We have our vac truck, which is going to be wider, than…
1805
04:17:42.140 --> 04:17:47.689
Community Hall: Your typical truck, but they all are, you know, legal widths.
180604:17:47.950 --> 04:17:56.509Community Hall: So the 11 feet straight after the reconfiguration will be sufficient to accommodate those trucks? Yes.
1807
04:17:56.750 --> 04:17:58.050
Community Hall: Thank you.
180804:17:59.790 --> 04:18:07.580Community Hall: Madam City Attorney, with regards to the resolution, I would like to have,
180904:18:07.900 --> 04:18:20.690
Community Hall: agenda packet, PDF page 153, examined, with regards to the affordability, number of
years. I think there might be a relic of the 55 on it.
181004:18:21.170 --> 04:18:25.229Community Hall: From before, and… and there's a, yes.
181104:18:26.040 --> 04:18:27.050
Community Hall: Thank you.
1812
04:18:27.260 --> 04:18:34.300Community Hall: So, it is a PDF page 153, and it is the second page of the resolution.
181304:18:34.690 --> 04:18:53.169Community Hall: first paragraph at the top, about halfway through, it says, households at an affordable rent
for at least 55 years. Is that correct, or should it say affordable… is it affordable rent for 99 years? I know
we made this change, and it might be a relic of… of the… of prior additions.
181404:18:54.240 --> 04:19:01.450Community Hall: If I might interject, I think it is simply reciting the words of the statute. Right, correct. Yeah.
181504:19:02.760 --> 04:19:08.509Community Hall: The statute only requires it be, the covenant lasts for 55 years. Okay.
1816
04:19:08.940 --> 04:19:23.549
Community Hall: Okay, because I know there's some… some confusion on… on which one. Okay, so we
don't have to make any edit on that particular page. Yeah, it does mention 99 years in another section where it mentions the confidence. Okay, wonderful.
181704:19:24.100 --> 04:19:25.400Community Hall: Okay, so…
1818
04:19:25.730 --> 04:19:34.430
Community Hall: We have a motion, we have a second. Madam City Clerk, if we have no further comments, will you please conduct the roll call vote?
181904:19:34.640 --> 04:19:48.299Community Hall: If I can make one… one comment. I find that in this… this draft resolution, it does mention that, our general…
1820
04:19:48.400 --> 04:19:56.860Community Hall: When we adopted the general plan, we anticipate a vacation of the on-street parking.
182104:19:57.090 --> 04:20:08.750Community Hall: So the vacation should have been for on-street parking, but the way didn't really address that issue. Somehow, this is mentioned in this resolution.
1822
04:20:08.750 --> 04:20:19.020Community Hall: This, I think, should have been addressed in the other resolution. Vice Mayor, I think that the right-of-way, including the parking, is all part of the street.
182304:20:19.070 --> 04:20:31.770Community Hall: So that's the part of the street that's the parking. Yeah, but in this resolution, it specifically
mentioned we anticipate this position of the property, including vacation of the on-street parking.
182404:20:31.770 --> 04:20:43.309Community Hall: Because that's what this portion is being vacated and is mainly used for. Because the street and the bike path is all retained. What's really vacated is on-street parking.
182504:20:43.890 --> 04:20:48.859
Community Hall: But whether that on-street parking is needed or not is not… was not addressed.
182604:20:49.830 --> 04:21:01.349Community Hall: All right. Yeah. Madam City Clerk, will you please conduct the roll call vote? Certainly. Councilmember Fruen? Aye.
182704:21:01.630 --> 04:21:03.520Community Hall: Councilmember Mohan? Aye.
1828
04:21:03.720 --> 04:21:05.120
Community Hall: Councilmember Wong?
182904:21:05.350 --> 04:21:06.200R "Ray" Wang, Councilmember: Nay.
1830
04:21:07.320 --> 04:21:08.729
Community Hall: Vice Mayor Chao?
183104:21:09.350 --> 04:21:12.879Community Hall: Yeah, I think based on the same reason, that…
183204:21:13.020 --> 04:21:26.289
Community Hall: I cannot find… we have provided enough reason to say the city does not need this portion
of the property for on-street parking, based on the evidence provided for…
183304:21:26.330 --> 04:21:33.870Community Hall: current and present and prospective uses for on-street parking. So I have to vote no.
183404:21:34.060 --> 04:21:35.609
Community Hall: Mayor Moore? Aye.
1835
04:21:35.750 --> 04:21:38.410Community Hall: The motion carries with Wong and Chao voting no.
183604:21:39.890 --> 04:21:46.700Community Hall: Thank you. And, does the Council need to have a 5-minute break, or shall we keep going?
1837
04:21:46.940 --> 04:21:48.450
R "Ray" Wang, Councilmember: I would love a 5-minute break.
183804:21:48.450 --> 04:21:53.190Community Hall: Okay, so we will return at 9.59.
1839
04:21:53.420 --> 04:21:55.179
Community Hall: And we'll have a 5-minute break.
184004:21:55.650 --> 04:21:57.180Community Hall: Should I make it 10?
184104:28:55.070 --> 04:29:11.450Community Hall: Okay, thank you, Council. Our next item is Action Item 10, Acceptance of the City Manager's Mid-Year Financial Report with a Budget Modification. And Madam City Manager, do we have a staff report?
1842
04:29:11.520 --> 04:29:28.840Community Hall: Thank you, Mayor. We have a staff report, and we have several attachments with the staff report. We also have a presentation tonight. This is the mid-year financial report for fiscal year 25-26, which provides an update on the City's financial status as of December 31st, 2025.
184304:29:28.900 --> 04:29:43.780
Community Hall: And budget requests for Council to consider. Presenting this tonight will be Jonathan
Orozco, our Acting Admin Services Director, and Tony Boyase Anderson, Acting Budget Manager. And with
that, I will turn it over to them.
184404:29:44.600 --> 04:29:47.519Community Hall: Good evening, Honorable Mayor Moore and Council.
1845
04:29:47.910 --> 04:29:59.540
Community Hall: Tonight, we are presenting the City Manager's Mid-Year Financial Report for the fiscal year
2025-2026, which provides an update to the City's financial condition as of June… December 31st, 2025.
184604:29:59.730 --> 04:30:03.340Community Hall: This report includes an updated 10-year financial forecast.
1847
04:30:03.500 --> 04:30:09.819
Community Hall: A mid-year review of revenues and expenditures, and recommended budget adjustments.
184804:30:11.280 --> 04:30:25.470Community Hall: Tonight's presentation will cover five areas. First, an update to the 10-year financial forecast. Second, a mid-year update to the current fiscal year's budget, including revenues and expenditures through December 31st. Third, a request
1849
04:30:25.930 --> 04:30:29.140
Community Hall: Requested mid-year budget adjustments by department.
185004:30:29.430 --> 04:30:34.030Community Hall: Fourth, a few additional budget-related items staff would like to highlight.
1851
04:30:34.210 --> 04:30:38.500
Community Hall: And finally, the recommended action for Council Consideration.
185204:30:40.370 --> 04:30:45.139Community Hall: This slide shows the updated baseline for the general forecast for the next 10 years.
185304:30:45.530 --> 04:30:56.250Community Hall: Under the current assumptions, the City remains structurally balanced for the approximately 7 years through fiscal year 2031-203… 2031-2032.
1854
04:30:56.410 --> 04:31:14.539
Community Hall: However, the forecast shows structural deficits emerging in the final use of the forecast, primarily due to the anticipated sunset of the user utility tax, or the utility user tax in fiscal year 2030-2031, and the absence of a new or renewed revenue source.
185504:31:14.660 --> 04:31:23.309Community Hall: It is important to note that this baseline scenario does not include several factors, including
the proposed 36% sheriff's contract increase.
185604:31:23.460 --> 04:31:29.840Community Hall: Potential revenue measures currently under consideration. Potential business license increase.
185704:31:30.030 --> 04:31:35.260
Community Hall: from recent council actions, and future costs associated with the City Hall project.
185804:31:35.870 --> 04:31:40.829Community Hall: Staff will continue refining these projections as additional information becomes available.
185904:31:42.890 --> 04:31:53.200Community Hall: This slide illustrates a second forecast scenario incorporating the proposed 36% increase in
the sheriff's contract beginning in fiscal year 2026-2027.
186004:31:53.720 --> 04:32:05.050Community Hall: Under this scenario, the city would experience structural deficits throughout the entire forecast period because the contract increase represents a significant ongoing expenditure adjustment.
186104:32:05.440 --> 04:32:13.940
Community Hall: Staff continues to coordinate with the neighboring jurisdictions in Santa Clara County to
better understand the cost drivers behind the proposed increase.
186204:32:14.310 --> 04:32:22.280Community Hall: As staffed, As these discussions continue, staff will return to Council with updated projections and potential policy options.
1863
04:32:24.610 --> 04:32:31.089
Community Hall: We will now transition to the mid-year financial update portion of the presentation, which
will be presented by Acting
186404:32:31.290 --> 04:32:37.990
Community Hall: Budget Manager Tony Ose Anderson, who will walk through the revenue and expenditure
updates across the city funds.
186504:32:40.620 --> 04:32:42.680Community Hall: Good evening, Mayor and City Council.
1866
04:32:42.840 --> 04:32:48.840Community Hall: As mentioned, I will now review how the current year is trending compared to mid-year of last year.
186704:32:51.270 --> 04:33:03.780Community Hall: So as of December 31st, 2025, the City's amended budget across all funds is $228.9
million, an increase from the adopted budget of $136.1 million.
186804:33:03.890 --> 04:33:13.609Community Hall: The amended budget is higher due to carryovers, encumbrances, and additional adjustments approved by Council in the first two quarters of the fiscal year.
186904:33:14.180 --> 04:33:29.610
Community Hall: So carryovers are budgeted amounts that are not spent, but carried over to the new fiscal
year for unfinished projects and or purchases. Encumbrances are dollars related to a contract that have not
yet been spent, but are set aside.
187004:33:29.849 --> 04:33:37.429Community Hall: And there are additional adjustments that were approved by City Council between July 1st and December 31st, 2025.
1871
04:33:37.860 --> 04:33:44.969
Community Hall: The largest carryovers and encumbrances in the general fund are primarily due to dollars
associated with the RISE project.
187204:33:45.200 --> 04:33:55.650Community Hall: Carryovers and encumbrances in the special revenue and capital project funds are due to multi-year CIP projects that are fully budgeted and carried over until the project is completed.
1873
04:33:56.020 --> 04:34:02.160
Community Hall: Additional information on carryovers and these budget adjustments can be found in Attachment C of this staff report.
187404:34:06.250 --> 04:34:08.569Community Hall: As a veneer, general fund revenues.
1875
04:34:09.220 --> 04:34:24.690
Community Hall: General fund total revenue is $42.7 million, which is .8 million, or 2% higher than the last mid-year period. The increase is primarily due to revenue categories for intergovernmental revenue and sales tax.
187604:34:24.919 --> 04:34:29.200Community Hall: Offset by use of money and property and other financing sources.
1877
04:34:30.509 --> 04:34:47.980
Community Hall: Intergovernmental revenue had increased by $2.7 million over the same period last year,
primarily due to the receipt of a $3.7 million transportation grant from Apple, which is offset by less monies received for state grants this mid-year period.
187804:34:49.060 --> 04:35:03.580Community Hall: Sales tax revenue as of mid-year totals $7.8 million, representing a 24% increase compared to the second quarter of the prior fiscal year. This increase is primarily due to the timing of payments related
to the city's
187904:35:03.610 --> 04:35:11.580Community Hall: tax sharing agreements. And these rebates for the current fiscal year will be paid and reflected, in the third quarter.
188004:35:13.070 --> 04:35:32.329
Community Hall: Next is the use of money and property. This is lower primarily due to the reversal of the
$2.8 million mark-to-market adjustment, which was recorded as a year-end entry in fiscal year 23-24,
resulting in a temporary positive revenue impact in the prior mid-year period.
188104:35:32.770 --> 04:35:34.439Community Hall: of 2425.
1882
04:35:37.560 --> 04:35:48.329
Community Hall: And, lastly, other financing sources is lower this mid-year period due to revenues received
from the burn property transaction in the prior mid-year period.
188304:35:54.460 --> 04:36:05.600Community Hall: On the expense side, expenditures are $52.5 million, which is 4.1 million, or 7% lower than the previous mid-year period.
1884
04:36:07.610 --> 04:36:17.690
Community Hall: Benefits decreased by approximately $10.5 million, primarily due to the City Council-
approved one-time additional discretionary payment to CalPERS.
188504:36:17.810 --> 04:36:24.750Community Hall: to address the City's unfunded accrued liability retirement costs, which occurred in the prior mid-year period.
1886
04:36:25.650 --> 04:36:41.179
Community Hall: This decrease is offset by an increase in transfers out, which is trending higher than last year by $3.2 million, primarily due to an increase in transfers to restart the annual capital reserve funding transfer.
188704:36:42.550 --> 04:36:51.330Community Hall: Contract services is also trending higher than last year, primarily due to outsourcing legal services, law enforcement contract costs.
1888
04:36:51.529 --> 04:36:56.229
Community Hall: And the community shuttle rate increases and increased ridership.
188904:37:02.140 --> 04:37:10.489Community Hall: This chart here illustrates how actual revenues and expenditures along with the budget affect a general fund fund balance.
1890
04:37:11.439 --> 04:37:17.219
Community Hall: So the general fund is audited ending fund balance for fiscal year 24-25.
189104:37:17.369 --> 04:37:29.979Community Hall: is $181.8 million, which is a $15.7 million increase from fiscal year 23-24 actuals, primarily due to the prior year ending with
1892
04:37:30.130 --> 04:37:33.709
Community Hall: Expenditure savings that outpace revenue decreases.
189304:37:33.860 --> 04:37:44.260Community Hall: Expenditure savings were primarily because of salary and contract savings, along with increased revenues across almost all revenue categories, primarily due to increased investment earnings.
1894
04:37:44.529 --> 04:38:03.310
Community Hall: As of mid-year, as you can see here, staff anticipate that general fund will end fiscal year 26 with $178.7 million in fund balance, which is an increase of $22.7 million from the 25-26 adopted budget projection.
189504:38:04.150 --> 04:38:21.440Community Hall: The increase from the adopted budget is a result of both year-end revenues exceeding
expenditures and budget savings achieved in the prior fiscal year. Of the total fund balance, $62.7 is
unassigned and available to be used.
189604:38:22.060 --> 04:38:29.360Community Hall: Now I'll hand the presentation back over to Acting Director Orozco, who will cover the recommended budget adjustments.
1897
04:38:31.080 --> 04:38:48.090
Community Hall: So the departments regularly evaluate their budgets throughout the fiscal year. When
operational needs arise that were not anticipated during the budget process, departments may request
adjustments as part of the quarterly financial reports. The following slides summarize these requests.
1898
04:38:49.840 --> 04:38:53.380
Community Hall: This slide summarizes the total requested adjustments by fund.
189904:38:53.509 --> 04:39:10.199Community Hall: Across all funds, staff has requested $653,155 in new appropriations, partially offset by
$149,578 in revenues, resulting in a net use of approximately $504,000 in fund balance.
190004:39:10.500 --> 04:39:23.869Community Hall: You will notice that the general fund requests are shown with a red line. Staff has decided to return to Council at a later date for one of City Attorney's Office's requests, which will be discussed in the following slide.
1901
04:39:26.070 --> 04:39:42.809
Community Hall: This slide provides a high-level summary of the department's requests. First, the City
Attorney's Office requested $410,000 for legal services due to several unforeseen matters, including personal
issues, affordable housing matters, and builders' remedy cases.
190204:39:43.060 --> 04:39:54.980Community Hall: Additionally, City Attorney's offices also requested a budget adjustment for Senior Assistant City Attorney Salary Alignment. However, staff is recommending this request returned to Council at a later
date for further discussion.
1903
04:39:55.750 --> 04:40:07.899Community Hall: Second, the finance department is requesting $75,000 for financial consulting and additional auditing and tax services, including work for the city… from the city's external auditors.
190404:40:08.440 --> 04:40:21.090
Community Hall: Third, Innovation and Technology is requesting $15,000 for closed captioning services to
ensure the city's digital content complies with new federal accessibility requirements under ADA Title II.
190504:40:22.050 --> 04:40:23.050Community Hall: Fourth.
190604:40:23.250 --> 04:40:39.669
Community Hall: Parks and Recreation is requesting $594… sorry, $15,944 in appropriations tied to proceeds
from the Hidden Treasures event, which supports programming and scholarships for the Senior Center's
State Active Fund.
190704:40:39.830 --> 04:40:44.370Community Hall: These requests is offset by an estimated 18,478.
1908
04:40:44.820 --> 04:40:50.350
Community Hall: revenue, $478 in revenues, creating a net positive adjustment to the city.
190904:40:51.110 --> 04:40:51.930Community Hall: Fifth?
191004:40:52.230 --> 04:41:00.149Community Hall: Public Works is requesting $6,111 to replace a failed HVAC compressor at the Cleland Community Center.
1911
04:41:00.320 --> 04:41:03.809
Community Hall: Which has reached its useful, useful life.
191204:41:04.640 --> 04:41:14.149Community Hall: The final staff, finally, staff is requesting $131,100 transfer related to the city's control room project.
1913
04:41:14.260 --> 04:41:23.099
Community Hall: Which was approved earlier this fiscal year. However, the initial request did not include the transfer of PEG funds for the internal service fund.
191404:41:27.360 --> 04:41:31.920Community Hall: As part of the mid-year report, staff is also highlighting a few additional budget items.
1915
04:41:32.170 --> 04:41:34.960
Community Hall: First, the Senior Assistant City Attorney.
191604:41:35.250 --> 04:41:41.160Community Hall: Salary line is being request… is being… alignment request is being recommended for a deferred
1917
04:41:41.530 --> 04:41:44.199
Community Hall: a council meeting for future consideration.
191804:41:44.320 --> 04:41:58.559Community Hall: Second, the Public Works Developmental Services Division utilized a consultant to perform inspection services due to staff vacancies. Salary savings in the vacancy are being used to fund consultant costs in the interim.
1919
04:42:02.100 --> 04:42:10.959Community Hall: This slide provides an update to the City Manager's Discretionary Fund, which Council approves as part of the fiscal year 2025-2026 adopted budget.
192004:42:11.130 --> 04:42:21.119Community Hall: As of December 31st, 2025, the fund has only been used once for the property appraisal
services related to the Finch property at a cost of $7,400.
192104:42:21.420 --> 04:42:26.330Community Hall: SAP will continue to report on the use of this fund as part of the City's quarterly financial reports.
192204:42:28.920 --> 04:42:37.950Community Hall: Staff is recommending the Council take two actions tonight. First, accept the City Manager's mid-year financial report for fiscal year 2025-2026.
1923
04:42:38.130 --> 04:42:42.039
Community Hall: Second, adopt resolution approving modification number 20…
192404:42:42.280 --> 04:42:54.269Community Hall: 2526-433, which increases appropriations by $653,155, Increases revenues by $149,578.
1925
04:42:55.510 --> 04:43:13.170
Community Hall: This concludes our presentation, and staff is available to respond to any questions. All right,
thank you, Jonathan and Tony, for the report and the prep session. For this item, we're going to go open it up for public comment first. Madam City Clerk, do we have any members of the public who would like to comment on this item?
192604:43:13.670 --> 04:43:15.030Community Hall: Mayor at this for the…
1927
04:43:17.960 --> 04:43:33.270Community Hall: Mayor, at this time, I'm not seeing any requests to speak in person, or… I do not see any hands raised virtually. All right, thank you. Do we have any questions or comments from members of the City Council? If not, do we have a motion and a second for deliberation purposes?
192804:43:35.410 --> 04:43:36.150
R "Ray" Wang, Councilmember: I'll second.
192904:43:36.150 --> 04:43:40.420Community Hall: I had a… oh, we need a first. Oh, okay.
193004:43:40.570 --> 04:43:44.930Community Hall: I'll motion. Okay.
1931
04:43:45.520 --> 04:43:58.959Community Hall: Okay, I won't share. Okay, so you moved the recommended action with the modifications, that was… that were presented to us by staff. Okay, and this… do we have a second?
193204:43:58.960 --> 04:44:00.559R "Ray" Wang, Councilmember: I would love second, so…
1933
04:44:00.560 --> 04:44:13.740Community Hall: Okay, wonderful. Okay, and do we have some clarifying questions? Yeah, I do have some… Okay, I see Councilmember Mohan has her hand raised first, then we will go to Vice Mayor.
1934
04:44:14.010 --> 04:44:15.270Community Hall: Yeah, no, I had a…
1935
04:44:15.480 --> 04:44:24.959
Community Hall: Fairly straightforward question. I think there was, in the innovation and technology, you
asked for, additional funds for closed caption.
193604:44:25.620 --> 04:44:26.430Community Hall: Aw.
1937
04:44:26.560 --> 04:44:29.180
Community Hall: Stuff.
193804:44:29.820 --> 04:44:35.230Community Hall: And I thought we already, had it. I already… I thought we already had closed caption.
193904:44:38.020 --> 04:44:39.640
Community Hall: Is this additional?
1940
04:44:41.380 --> 04:44:46.079Community Hall: For… can you hear me? This is for City Channel, closed captioning.
194104:44:46.480 --> 04:44:47.959Community Hall: For our city channel.
1942
04:44:48.350 --> 04:44:50.950
Community Hall: Couldn't we always have it? No.
194304:44:52.340 --> 04:45:04.180Community Hall: We currently don't. Oh, so it's the City Channel versus the… YouTube. YouTube Live. Okay, I see, okay. Yeah, YouTube does, but City Channel does not. I see, okay. Thank you. Thank you. Thank you.
1944
04:45:05.240 --> 04:45:06.220
Community Hall: Vice Mayor.
194504:45:06.460 --> 04:45:08.980Community Hall: Thank you. Could you…
1946
04:45:09.010 --> 04:45:28.719
Community Hall: Remind me again, I think the sheriff's contract, what's the total amount? It seems the
projected increase of 36% is about $6 million in 2027, and projected to be about $9 million in 2020.
194704:45:29.630 --> 04:45:34.100
Community Hall: 2035, that's increased, so what's the total amount?
1948
04:45:36.440 --> 04:45:50.370
Community Hall: Currently, our contract has it at about $19 million for fiscal year 2025-2026, and you can expect about a $6 million increase from the existing year to next year, for 26-27.
194904:45:51.500 --> 04:45:55.140Community Hall: Vice Mayor, may I mention something?
1950
04:45:55.540 --> 04:46:12.389
Community Hall: the city manager can verify this. I don't believe there's a cap on the increases in this new contract that they have proposed for us. No cap. So that means… that's correct, and it's really hard to estimate what the future years will be.
195104:46:12.700 --> 04:46:14.210
Community Hall: I have new…
1952
04:46:14.370 --> 04:46:27.780Community Hall: Because of the methodology, it's their, what we're hearing is it's whatever their cost is, overhead cost, that they will pass it on 100%, so right now, we don't have any indication. They have no incentive to pass cost.
1953
04:46:28.720 --> 04:46:32.740
Community Hall: Okay. We're in the middle of negotiations, but yeah. Okay.
195404:46:33.870 --> 04:46:49.270Community Hall: And I think you mentioned that for the community shuttle, there was increased expense because of increased ridership. So I'm just wondering… I thought we have a contract that has a fixed amount.
1955
04:46:50.370 --> 04:46:54.889
Community Hall: for community shuttle, I'm assuming it's for the on-demand…
195604:46:55.220 --> 04:47:04.639Community Hall: Chateau? We can pull that information and get back to you, we don't have that readily, so… That's okay, just curious. It's good to have increased ridership on…
1957
04:47:06.350 --> 04:47:10.399
Community Hall: But my recent experience of taking
195804:47:10.630 --> 04:47:18.090Community Hall: their software is very hard to use, and then I think we… Probably should have,
1959
04:47:18.430 --> 04:47:23.949
Community Hall: some review of the contract and the operation.
196004:47:25.410 --> 04:47:33.089Community Hall: How long… how long is our current contract? You can get back to me later, yeah. Thank you.
1961
04:47:38.830 --> 04:47:48.839
Community Hall: Okay, well, we actually have a motion and a second on this item. Do we have any further questions or comments, or shall we go to the vote?
196204:47:49.380 --> 04:47:55.079Community Hall: Okay, we can vote. We can vote. Madam City Clerk, will you please conduct the roll call vote?
1963
04:47:55.200 --> 04:47:57.099Community Hall: Councilmember Ferwin? Aye.
196404:47:57.400 --> 04:47:59.440Community Hall: Councilmember Mohan? Aye.
1965
04:47:59.640 --> 04:48:00.920
Community Hall: Councilmember Wong?
196604:48:01.130 --> 04:48:01.780R "Ray" Wang, Councilmember: Hi.
1967
04:48:03.240 --> 04:48:06.089
Community Hall: Vice Mayor Chao? Aye. Mayor Moore?
196804:48:06.560 --> 04:48:08.890Community Hall: Aye. The motion carries unanimously.
1969
04:48:09.000 --> 04:48:14.159
Community Hall: Alright, thank you. So, we are moving on to item 11.
197004:48:14.160 --> 04:48:28.459Community Hall: We're a little bit ahead of schedule. We were supposed to hit this item at 1.05. All right, so item 11 is our next action item. It is the fiscal year.
1971
04:48:28.460 --> 04:48:34.769
Community Hall: 2627 Capital Improvement Program, 5-year plan. Madam City Manager, do we have a staff
report?
197204:48:35.020 --> 04:48:47.770Community Hall: Thank you, Mayor. We do have a staff report and a short presentation. We'll be presenting
the capital improvement program project prioritization process tonight that's used to help select projects for
the CIP.
197304:48:47.780 --> 04:49:07.140Community Hall: We will also present the projects proposed to receive funding for fiscal year 26-27, and
we'll show the anticipated projects for the following four years for Council's consideration as well. To present
this item, we have Chad Mosley, Director of Public Works, and Susan Michaels, our CIP Manager, and I will
turn it over to them.
197404:49:10.260 --> 04:49:19.890Community Hall: Thank you again, City Council, Chad Mosley, Director of Public Works, and as seems to be the trend, I'm going to pass this off to the professional who knows what's going on.
1975
04:49:29.370 --> 04:49:30.970
Community Hall: There. Excellent.
197604:49:32.510 --> 04:49:36.039Community Hall: Video, can you share the screen? There we are, thank you.
1977
04:49:38.190 --> 04:49:53.789
Community Hall: Good evening, Mayor, Vice Mayor, Council, and members of the public. I am Susan Michael,
the CIP Manager, and tonight, Director of Public Works Chad Mosley, and I are here to introduce the
proposal for fiscal year 26-27 CIP program.
197804:49:55.800 --> 04:50:03.970Community Hall: The action tonight is to receive the presentation and approve the CIP project prioritization process.
1979
04:50:04.080 --> 04:50:10.640
Community Hall: And the fiscal year 26-27 capital improvement programs, and the 5-year plan proposal.
198004:50:10.930 --> 04:50:22.130Community Hall: We're asking Council to indicate support of this proposed list of CIP projects so that we can include the CIP in this form in the city's
1981
04:50:22.250 --> 04:50:30.459
Community Hall: fiscal year 26-27 annual budget. We're also asking for Council's review of the prioritization process so that the CIP
198204:50:30.670 --> 04:50:33.549Community Hall: Can build on this procedure moving forward.
1983
04:50:34.410 --> 04:50:52.579
Community Hall: We will note that years 2 through 5 of the 5-year plan are included for planning purposes, to identify potential future expenditures and workloads. These future projects will not be funded with the approval of the fiscal year 26-27 CIP.
198404:50:53.330 --> 04:50:54.170Community Hall: So…
1985
04:50:54.280 --> 04:51:06.790
Community Hall: Knowing that we would be late tonight, we've shortened the presentation quite a bit, and
we will rely on questions from Council and the community to focus the discussions as needed.
198604:51:09.190 --> 04:51:14.209Community Hall: I will note that there is a CIP webpage with a great deal of information.
1987
04:51:15.270 --> 04:51:27.480
Community Hall: The agenda tonight is to first look back at this year, review the prioritization process, then
review the proposal for next year, and note what next steps are.
198804:51:29.040 --> 04:51:31.440Community Hall: So, the current projects and achievements.
1989
04:51:32.250 --> 04:51:38.949
Community Hall: This slide is a visual of the numerous process steps it takes to deliver a CIP project.
199004:51:39.240 --> 04:51:46.789Community Hall: Many are dictated by the public contract code. This does add time and complexity to each project.
1991
04:51:48.420 --> 04:51:52.439
Community Hall: I wanted to first go through some of the achievements from the last year.
199204:51:52.790 --> 04:52:00.440Community Hall: We, we completed the Jollyman Park All-Inclusive Playground, and the rollout of the
1993
04:52:01.240 --> 04:52:04.440
Community Hall: LED fixtures for all city street lights.
199404:52:06.100 --> 04:52:15.079Community Hall: We also completed the Bridge Preventative Maintenance Program project and the Senior Center Fire Alarm System.
1995
04:52:15.500 --> 04:52:21.129
Community Hall: was upgraded as part of the Facilities Condition Assessment Implementation Project.
199604:52:21.690 --> 04:52:26.290Community Hall: Furthermore, it will be called the FCA Project. It's a long title.
1997
04:52:28.340 --> 04:52:37.299Community Hall: So there are a number of projects from fiscal year 25-26 that are nearly completed, and we expect to be completed by the end of fiscal year. We've listed them here.
1998
04:52:39.270 --> 04:52:45.139
Community Hall: And I wanted to show the list of current CIP projects. We have 22 projects.
199904:52:45.250 --> 04:52:50.629Community Hall: That are active, and that doesn't include the 5 that are nearly complete on the previous page.
2000
04:52:52.910 --> 04:52:59.750
Community Hall: And I also wanted to make reference to one of our existing projects, the Lawrence Mitty
Park and Trail project.
200104:52:59.940 --> 04:53:17.979Community Hall: We've continued to get questions about the progress of this project, so I thought I'd mention it here. It continues to progress on schedule. We were… we're in the regulatory permitting phase, where we're submitting applications to Fish and Wildlife, Environmental Health, etc.
2002
04:53:18.870 --> 04:53:20.459Community Hall: That's what takes so long.
200304:53:21.840 --> 04:53:25.440Community Hall: So, the CIP prioritization process.
2004
04:53:26.650 --> 04:53:30.860
Community Hall: We have expanded the CIP prioritization process.
200504:53:31.030 --> 04:53:46.869Community Hall: Attachment A, which was revised to Attachment G, shows the process quite fully, including the steps in the process, the factors used to prioritize the projects, and the guidance of how to score those projects in light of prioritization.
2006
04:53:47.480 --> 04:53:53.360Community Hall: As part of the expansion of the process, we went from 5 factors to the 8 that are shown here.
200704:53:53.980 --> 04:53:55.990Community Hall: These factors are scored.
2008
04:53:56.410 --> 04:53:59.650Community Hall: When we're looking at each project, from 0 to 5,
2009
04:53:59.830 --> 04:54:02.330
Community Hall: And then each of those factors are weighted.
201004:54:02.760 --> 04:54:06.429Community Hall: Health and safety, for example, has the largest weight factor.
2011
04:54:06.760 --> 04:54:13.320Community Hall: So you can see evidence of this process in attachment B, which is revised H.
201204:54:14.310 --> 04:54:18.759Community Hall: Attachment H, with this year's projects, they're all in that matrix.
2013
04:54:22.180 --> 04:54:28.490
Community Hall: So I also wanted to point it out, and you'll see this if you look in Attachment A into the
201404:54:28.650 --> 04:54:34.659Community Hall: prioritization process, we've expanded The format of the project narratives.
2015
04:54:35.200 --> 04:54:36.070
Community Hall: It…
201604:54:36.480 --> 04:54:46.439Community Hall: The project narratives are Attachment C, which was later revised to attachment I. All those attachments were revised because we added a project from when we issued to today.
2017
04:54:46.990 --> 04:54:56.840
Community Hall: And those project narratives now have a whole prioritization section, which gives more
detail to why these projects are prioritized.
201804:54:58.670 --> 04:55:03.830Community Hall: And then, also in that, Prioritization process document.
2019
04:55:04.060 --> 04:55:11.679
Community Hall: the steps are laid out, and you can see the steps here. There's project intake, and then we
do more information gathering.
202004:55:11.820 --> 04:55:18.469Community Hall: We score, we then calibrate the scores based on each other to make sure that it's hitting our intuition.
2021
04:55:18.930 --> 04:55:31.669
Community Hall: Then we draft, rank it, and look at the actual true reality of our financial situation against those projects. And then we come to Council, which is where we are tonight, step 6.
2022
04:55:31.820 --> 04:55:37.089
Community Hall: And it's noted that the last step is an annual update and continuous improvement.
202304:55:39.570 --> 04:55:41.730Community Hall: So, the proposed CIP.
2024
04:55:42.070 --> 04:55:43.790Community Hall: And the 5-year plan.
202504:55:44.880 --> 04:55:48.880Community Hall: So, I'm gonna go through each of the six… projects.
2026
04:55:49.420 --> 04:55:52.910
Community Hall: The first one is that we're proposing,
202704:55:53.040 --> 04:56:04.469Community Hall: to fund the FCA project for an additional $1.25 million. This will fund the remainder of the Priority 1 projects, except for the library fire alarm system.
2028
04:56:04.470 --> 04:56:19.959
Community Hall: which is proposed to be in next year's CIP. These are identified as critical maintenance for our facilities, and most impactful to health and safety, as well as fiscal responsibility to save money on utilities and repairs.
202904:56:21.990 --> 04:56:33.329Community Hall: We're also proposing for this year to add $5 million to the City Hall Annex project. When
the CIP came to Council for the fiscal year 25-26,
203004:56:33.550 --> 04:56:43.579Community Hall: proposal. Council gave clear direction to resume work on this project. We then let Council know that we expected the project cost to be over $8 million.
203104:56:43.740 --> 04:56:53.009
Community Hall: We are requesting the $5 million now, so that these costs are included in the fiscal year 26-
27 annual budget.
203204:56:53.170 --> 04:57:05.420Community Hall: This is a highly prioritized project, as it provides an interim workspace solution during the City Hall construction, as well as providing a purpose-built location for the EOC.
2033
04:57:05.630 --> 04:57:16.189
Community Hall: Excuse me, may I interrupt just for a minute, just to check the time at 10 30? This is nearly
the last item. Maybe there's future agenda items as well, but…
203404:57:16.420 --> 04:57:20.639
Community Hall: I just want to check in with Council. Should we just keep having… have this be the last item
heard?
203504:57:21.250 --> 04:57:22.649Community Hall: Okay, very well. Thank you.
2036
04:57:24.350 --> 04:57:25.309R "Ray" Wang, Councilmember: Do we need to vote?
203704:57:27.050 --> 04:57:31.570Community Hall: The next project is a new project, the Blackberry Farms Golf
2038
04:57:31.790 --> 04:57:42.050
Community Hall: course Pro Shop, it's an obvious need of an upgrade. As mentioned here, there's a great deal of foot traffic, and it generates approximately $100,000 in revenue.
203904:57:42.490 --> 04:57:47.190Community Hall: It needs electrical and accessibility improvements in addition to the facelift.
2040
04:57:47.370 --> 04:57:51.660
Community Hall: We'll have to submit for building, electrical, and sanitary permits.
204104:57:51.780 --> 04:57:52.770Community Hall: At a minimum.
2042
04:57:54.360 --> 04:57:59.920
Community Hall: The next project is… Resurfacing of the SportsCenter courts.
204304:58:00.360 --> 04:58:06.589Community Hall: The courts were resurfaced 10 years ago, and it is supposed to happen every 6 to 8 years.
2044
04:58:07.130 --> 04:58:14.449
Community Hall: Doing this project lessens risk and liability and provides a safer, more enjoyable playing
arena for the community.
204504:58:16.880 --> 04:58:25.430Community Hall: We're proposing the… Stevens Creek Boulevard, State Road 85 Northbound Ramp Intersection Improvements.
2046
04:58:26.120 --> 04:58:32.109
Community Hall: The Westport developer initiated multimodal improvements at the Stevens Creek Boulevard.
204704:58:32.970 --> 04:58:42.209Community Hall: 85 northbound ramp intersection as part of their project. The developer… the developer
provided in-lieu fees for the work.
2048
04:58:42.430 --> 04:58:47.469
Community Hall: Funding is in place, and we're seeking Council approval to move forward.
204904:58:50.540 --> 04:58:56.229Community Hall: And finally… Memorial Park Pickleball Sound Attenuation.
2050
04:58:58.100 --> 04:59:09.449
Community Hall: The pickleball community and nearby residents have requested that Public Works move
forward with sound attenuation improvements at the Memorial Park Pickleball courts.
205104:59:10.520 --> 04:59:17.209Community Hall: Public Works is evaluating options. Preliminary review indicates that sound panels
2052
04:59:17.310 --> 04:59:22.059
Community Hall: And a new structurally improved fence will be required.
205304:59:24.800 --> 04:59:31.070Community Hall: And that is our list of additional funding for two projects and four new projects.
2054
04:59:31.890 --> 04:59:40.350
Community Hall: $600K, so the total here shows under the internal of $6,730,000.
205504:59:40.600 --> 04:59:57.149Community Hall: $600,000 will be transferred from the in-lieu funds collected, and the remainder of the $6.73 million will be funded from the general fund for $2 million, which is our annual transfer into the CIP.
2056
04:59:57.360 --> 05:00:00.670
Community Hall: That's planned. And then the capital reserve.
205705:00:01.080 --> 05:00:11.420Community Hall: can fund the rest of the balance at $4.73 million. This will leave approximately $5.5 million in the capital reserve.
2058
05:00:13.440 --> 05:00:15.820
Community Hall: And this shows the 5-year plan.
205905:00:16.050 --> 05:00:23.420Community Hall: We have, the first year shows this year's projects. The second year has $1.3 million for the library.
2060
05:00:23.540 --> 05:00:25.220
Community Hall: Fire alarm system.
206105:00:25.380 --> 05:00:31.469Community Hall: And then we will resume funding of the accessibility and outfalls repairs projects.
2062
05:00:31.740 --> 05:00:35.570
Community Hall: Year 3 includes repairs to the irrigation.
206305:00:35.770 --> 05:00:39.039Community Hall: of the Blackberry Farm Golf Course.
2064
05:00:39.450 --> 05:00:47.770
Community Hall: And we're hoping to initiate park shade structure… park shade structures in years 4 and 5.
206505:00:50.540 --> 05:00:51.629Community Hall: Next steps?
206605:00:52.590 --> 05:01:00.939
Community Hall: After tonight, we will revisit commissions to discuss the CIP and give an update on the
overall CIP.
206705:01:01.050 --> 05:01:08.379Community Hall: We will return to the Planning Commission to review the conformance of the CIP proposal with the General Plan.
2068
05:01:08.750 --> 05:01:11.620
Community Hall: And I will say those meetings are not yet scheduled.
206905:01:14.510 --> 05:01:17.220Community Hall: Tonight's action, recommended action.
207005:01:17.540 --> 05:01:24.800
Community Hall: is to approve the CIP project prioritization process, and approve the fiscal year 26-27
2071
05:01:25.100 --> 05:01:28.649Community Hall: Capital Improvement Programs and 5-year plan proposal.
207205:01:29.450 --> 05:01:30.310Community Hall: Thank you.
2073
05:01:31.080 --> 05:01:41.460
Community Hall: All right. We're available for questions. Thank you so much, Chad and Susan, for all your work on the project prioritization process for the CIP program and the five-year plan update.
2074
05:01:41.460 --> 05:01:51.730
Community Hall: and the prep sessions that we were offered on this item. I want to first open it up for public comment. Madam City Clerk, do we have any members of the public who are wishing to speak to this item?
2075
05:01:52.440 --> 05:01:58.969
Community Hall: Mayor, I don't see any requests to speak in person, and I do see one hand raised virtually,
so we'll go to…
207605:01:59.110 --> 05:02:01.360Community Hall: San Rao. Welcome, San.
2077
05:02:04.860 --> 05:02:07.580
San Rao: Good evening, Mayor and Council. This is,
207805:02:07.720 --> 05:02:18.810San Rao: Planning Commissioner speaking on behalf of myself only as a resident, I do want to urge the Mayor to follow standard process, to take clarifying questions before public comments, and when you call for public comments to
2079
05:02:18.810 --> 05:02:27.930
San Rao: Allow time for people to press the raise hand button and not close public comment before they
even have a chance to press the button, which was done in the last item. Thank you.
208005:02:28.140 --> 05:02:31.499San Rao: Coming to this item, I do want to say the…
2081
05:02:31.700 --> 05:02:38.140
San Rao: Staff report does not clarify what items could be covered by grants, including value water grants.
208205:02:38.500 --> 05:02:42.920San Rao: For example, all projects that are creekside, that improve…
2083
05:02:43.210 --> 05:02:46.700
San Rao: Critical or failing infrastructure, such as storm drain pipes.
208405:02:47.200 --> 05:02:50.189San Rao: could be grants that are applied for with Valley Water.
208505:02:51.010 --> 05:02:55.140
San Rao: I see no coverage in the staff report and presentation.
2086
05:02:55.450 --> 05:03:07.109San Rao: of items that would cost the city nothing, or next to nothing, if you pursued grants. Specifically, the Stevens Creek Boulevard 85 northbound ramp intersection improvements could be grant funded.
2087
05:03:07.490 --> 05:03:09.480San Rao: Library expansion project.
2088
05:03:09.910 --> 05:03:16.660
San Rao: FCA project implementations, looking at storm drain and water projects, as I mentioned earlier.
208905:03:17.090 --> 05:03:20.660San Rao: And improvements to the city's LED lighting.
209005:03:20.960 --> 05:03:22.920
San Rao: All of these could be grant-funded.
2091
05:03:23.770 --> 05:03:39.249San Rao: I urge the city to prioritize critical and failing infrastructure, particularly around our storm drains, from the FCA report. If you can focus on the Tier 1 and Tier 2, really, that is… that is, bread and butter for us, making sure the city infrastructure works.
2092
05:03:40.450 --> 05:03:44.190
San Rao: I'm concerned about the excessive waiting for safety and health.
209305:03:44.710 --> 05:03:59.699San Rao: I'm really fearful that this will once again take us down the path of bike lane projects in Vision Zero, and I would, if I had public comment on the prior item, would have said we really need to defund that department entirely, because all we get are bike lane projects.
2094
05:03:59.920 --> 05:04:05.710
San Rao: So I urge you to fund zero-by-claim projects and start actively defunding both the projects and the
department itself.
209505:04:06.610 --> 05:04:09.669San Rao: As far as resurfacing of courts.
2096
05:04:10.020 --> 05:04:21.930
San Rao: The CSC members are over 2,000 in number. They pay $500 approximately a year. That's over a
million dollars in revenue. The courts haven't been resurfaced in over 10 years.
209705:04:22.300 --> 05:04:32.740San Rao: And the courts need attention, so I do… I do urge you to prioritize that. We are a paying body, we don't play for free, unlike the pickleball non-restaurant participants.
2098
05:04:33.180 --> 05:04:36.990
San Rao: On the pickleball issue, you have a cheap, no-cost solution, which is…
209905:04:37.230 --> 05:04:46.820
San Rao: Quiet pedals, quiet balls, conduct a noise study, reduce the hours, ban pickleball on Sundays and
holidays, enforce construction hours.
210005:04:47.000 --> 05:04:52.979San Rao: And start to check for compliance. If you do not have compliance, you can ban pickleball like the
city of Carmel wisely did.
210105:04:53.890 --> 05:04:58.409San Rao: Please, do not spend any city money on pickleball noise attenuation.
210205:04:58.550 --> 05:05:07.250San Rao: I am disappointed to hear that the Public Works Director spent over an hour with, primarily non-
resident bodies, it's the pickleball body.
210305:05:07.400 --> 05:05:12.019San Rao: We have been asking for attention at the CAC with several concerns, and have got no time.
210405:05:12.340 --> 05:05:13.650Community Hall: Thank you, San.
2105
05:05:14.410 --> 05:05:19.370Community Hall: Mayor, I'm not seeing any additional hands raised, and no additional requests to speak in person.
210605:05:20.240 --> 05:05:22.370Community Hall: Okay, thank you.
2107
05:05:22.610 --> 05:05:25.770Community Hall: Do we have any Council questions or comments at this time?
210805:05:28.050 --> 05:05:32.819Community Hall: Okay, I see, Councilmember Wong, your hand's raised.
2109
05:05:32.980 --> 05:05:37.940
Community Hall: Followed by, vice Mayor, and then, Councilmember Fruen.
211005:05:39.600 --> 05:05:58.089R "Ray" Wang, Councilmember: Yeah, I want to thank staff. I think it's a very comprehensive report and matrix that's here. I do have a question for the items that were prioritized. Was there a certain threshold used to say, like, items above 280 were in that list versus items that were below 280, or some arbitrary
number like that, or this was just…
211105:05:58.320 --> 05:06:07.490R "Ray" Wang, Councilmember: A different prioritization from what I saw when the total points on the total ranges here in Appendix B in the prioritization matrix for 26 to 27 CIP projects.
211205:06:10.150 --> 05:06:12.970Community Hall: Thank you, Councilmember, for your question.
2113
05:06:13.250 --> 05:06:29.249
Community Hall: This… since this is the first year we've had all eight factors, we, did our best to put all of
the projects into that matrix and see if… it's basically a test of that new process, and it worked out such that the projects
211405:06:29.420 --> 05:06:32.319Community Hall: We're in line with our expectations, in a way.
2115
05:06:32.380 --> 05:06:50.400
Community Hall: You could say that we know how important these projects are on some level. We also got feedback from other people about the prioritization, so we didn't have an initial number that we were striving for. We did, in one of the developments of the meetings of the council members.
211605:06:50.470 --> 05:06:52.180Community Hall: We came up with the…
2117
05:06:52.420 --> 05:07:03.910Community Hall: annual review to say projects under $250 in the following year may drop off the list, so that would be part of our process going forward.
211805:07:04.930 --> 05:07:05.600R "Ray" Wang, Councilmember: Okay.
2119
05:07:05.720 --> 05:07:14.410R "Ray" Wang, Councilmember: would you be open to? So it's like a float… it's a floating range of numbers that you guys look at throughout the year, or throughout the 5-year period, is that kind of the approach?
212005:07:17.030 --> 05:07:24.080Community Hall: I'm not sure how to… I think, your question being is, is there a… subject.
2121
05:07:24.760 --> 05:07:31.850Community Hall: cost limit that has a factor on… on the projects that are, looked at? Is that what you're asking?
212205:07:32.040 --> 05:07:39.729R "Ray" Wang, Councilmember: No, no, I was just looking at the total points at the end of the day, like, your
range, right? It sounds like 400 is more important than 280, for the most part.
212305:07:40.620 --> 05:07:43.929Community Hall: Correct. Like, into your point range, and I think that was useful.
2124
05:07:43.930 --> 05:07:45.360R "Ray" Wang, Councilmember: So, okay.
2125
05:07:45.360 --> 05:07:50.689
Community Hall: And if I may add, at the end of… we do the ranking, or the prioritization process.
212605:07:50.840 --> 05:07:58.169Community Hall: And then we also have to take those projects and look at the money that we have available, and the staffing that we have available. So there are other factors that
2127
05:07:58.280 --> 05:08:00.100
Community Hall: Are weighed in as well.
212805:08:00.830 --> 05:08:09.349R "Ray" Wang, Councilmember: Got it. And then, for the court resurfacing, is that for tennis courts only, or is that, does that include any other kind of resurfacing or re-striping?
2129
05:08:10.620 --> 05:08:16.049
Community Hall: That was just for the, tennis courts, at the Sports Center.
213005:08:16.240 --> 05:08:19.369R "Ray" Wang, Councilmember: At the SportsCenter, and not… it's not gonna turn into pickleball restriping, right?
2131
05:08:20.050 --> 05:08:32.980
Community Hall: There are some, pickleball courts that are already striped at the Sports Center, and those
will be re-striped back in. It's basically going to be the same existing striping that is there currently.
213205:08:34.480 --> 05:08:37.619R "Ray" Wang, Councilmember: Interesting. Okay, and so that would make that permanent.
2133
05:08:40.740 --> 05:08:43.230
Community Hall: They're already permanently striped.
213405:08:44.130 --> 05:08:45.770R "Ray" Wang, Councilmember: I think they're temporary, but okay.
213505:08:45.770 --> 05:08:47.789
Community Hall: You may be right. You may be right.
2136
05:08:47.790 --> 05:08:49.570R "Ray" Wang, Councilmember: I think they're temporary, so…
2137
05:08:49.800 --> 05:08:54.880
R "Ray" Wang, Councilmember: I mean, there's no striping for pickleball right now, it's not striped. That's why I just want to make sure.
2138
05:08:55.490 --> 05:08:59.979
R "Ray" Wang, Councilmember: Wanted to verify that. I'm looking at the satellite image, so I believe it is.
Okay.
213905:09:00.120 --> 05:09:04.819R "Ray" Wang, Councilmember: And then for the pickleball sound attenuation, like, what does that involve?
2140
05:09:04.820 --> 05:09:23.319
R "Ray" Wang, Councilmember: And have we looked at that? I've noticed that a number of cities are going
to Padel. I just sit… I'm here in Boca Raton, I just met with the whole Padel team out here, quiet paddles,
quiet balls. But just trying to understand, is that also something that's in it, or are we just going straight to pickleball sound attenuation instead of addressing the paddle issue?
214105:09:25.650 --> 05:09:34.750Community Hall: I can provide a little bit of information there. We have currently requested the use of quiet pickleballs after certain hours.
2142
05:09:35.170 --> 05:09:49.140Community Hall: I don't know how successful that program has been. I do know that there are some folks that have not been happy with the quiet pickleball equipment, stating it doesn't play the same. I am not a pickleball player, so I can't claim one way or another.
214305:09:49.390 --> 05:09:57.600
Community Hall: So we started looking at other options for sound attenuation, physical options, and
214405:09:57.720 --> 05:10:02.369Community Hall: Currently, we're looking at putting on panels on an upgraded fence.
214505:10:04.050 --> 05:10:05.649R "Ray" Wang, Councilmember: I see. Okay, thank you.
2146
05:10:06.690 --> 05:10:08.840Community Hall: Great, next is Vice Mayor.
214705:10:13.490 --> 05:10:23.279Community Hall: Yeah, thank you, for improving the process every year. I remember when I first got on the council, we only get
2148
05:10:23.680 --> 05:10:28.789Community Hall: we only got a list of CIP projects without any…
2149
05:10:28.850 --> 05:10:39.629
Community Hall: any measurement for how it was prioritized. And then, every year, you are adding more information. And this year, not only there are
2150
05:10:39.630 --> 05:10:52.389
Community Hall: the list of criteria, you'll even provide you the metrics that you used for each project, so
thank you so much for including all the details. And as I understand, this is,
215105:10:54.760 --> 05:11:10.310Community Hall: for reference, for us to really consider prioritization, and eventually the list of projects that we do fund is still up for the Council to decide, right? So we don't have to follow the exact list.
2152
05:11:10.660 --> 05:11:21.239
Community Hall: But it's a really nice reference. And I also would like to point out that, you have improved
the project narrative document.
215305:11:21.470 --> 05:11:36.789Community Hall: There was question about how much external funding each project has. All the information I see is in this document that I'm sharing. Now, this is one example. So, there is proposed funding for this year.
2154
05:11:37.130 --> 05:11:45.340Community Hall: And then the current existing funding from so far. And, then external funding we have.
215505:11:45.520 --> 05:11:55.209Community Hall: And then I always would ask, like, how much money we have remaining so far. So you have all the information included here already, so thank you for that.
2156
05:11:55.790 --> 05:11:56.700Community Hall: And…
215705:11:57.960 --> 05:12:14.040Community Hall: But project description is still just one paragraph, that a lot of times it's hard to say what exactly contributes to, say, a $3 million project, but I see that you have included more.
2158
05:12:14.690 --> 05:12:19.350Community Hall: on… Description in the prioritization.
215905:12:19.710 --> 05:12:35.570Community Hall: Where for each measurement of the prioritization, you provided some reasoning. And there is a second page, where there is more information about the funding by year. So thank you for this
additional information.
216005:12:35.980 --> 05:12:43.060Community Hall: and the steps that… the timeline for the project. I do have a question about the timeline.
2161
05:12:43.300 --> 05:12:46.560Community Hall: For… let me unshare this.
2162
05:12:47.480 --> 05:12:48.290
Community Hall: Oh.
216305:12:48.640 --> 05:12:49.970Community Hall: Stop share.
216405:12:50.090 --> 05:12:50.920
Community Hall: Okay.
2165
05:12:51.060 --> 05:12:54.300Community Hall: I do have a question about the City Hall project.
216605:12:54.570 --> 05:13:07.400Community Hall: So it seems we are approving still the project for next year. The one… the ones that's in the
list the way you expect, then they will start next year. The 5-year CIP
2167
05:13:07.400 --> 05:13:15.940Community Hall: still appears to be a projection based on this, 25… 2627 CIP.
216805:13:17.860 --> 05:13:28.870Community Hall: Then, for the City Hall Annex Project, in the 5-year projection, I see you are expecting an
expenditure of
2169
05:13:29.130 --> 05:13:45.079Community Hall: 5… we already allocated 3 million. We are allocating 5 million, but I'm curious, do you expect them to be all expensed, next year, or this will be, what will be the timeline for the project?
217005:13:46.070 --> 05:13:52.949
Community Hall: Thank you for your question, Vice Mayor. The annex project may not be completely
expensed next year.
217105:13:53.000 --> 05:14:07.340Community Hall: But the contract for the contractor would be encumbered, so we would have to… if it was a $4 million contract, we'd need to put that money aside for that project at that time.
2172
05:14:07.990 --> 05:14:12.419
Community Hall: dedicated, you could say. Restricted. Okay, great.
217305:14:12.960 --> 05:14:20.250Community Hall: But then it's… So it will be encumbered, but not really.
2174
05:14:20.370 --> 05:14:23.330Community Hall: All spent. That's true. Okay.
2175
05:14:23.600 --> 05:14:28.699
Community Hall: And… and then in the… I cannot find the page for the 5-year project.
217605:14:28.990 --> 05:14:32.970Community Hall: So, in the 5-year project, projection, I see…
217705:14:33.280 --> 05:14:37.359
Community Hall: Some of the items that's already on the list is…
2178
05:14:37.680 --> 05:14:46.559Community Hall: projected to be spent, like, in 2028 or 29, so I'm just curious.
217905:14:47.040 --> 05:14:51.539Community Hall: How come… They are in the list, but…
2180
05:14:51.970 --> 05:14:57.380
Community Hall: That's okay, I'll try to find it. I'll give someone else the time. I'll find the table.
218105:15:00.500 --> 05:15:01.699Community Hall: Great,
2182
05:15:01.810 --> 05:15:14.629
Community Hall: I'd like to interject just for a moment. We have some, new positions which are helping to
support the, the public works and the CIP, management
218305:15:14.670 --> 05:15:28.790Community Hall: work. I believe one is a grants analyst, and then I think you might have a separate financial analyst that's also supporting the Public Works Department, and I don't know if there's any other… other
enhancements that have been made,
2184
05:15:30.740 --> 05:15:38.679Community Hall: there, Jonathan's walking up, but there is a CIP, analyst in the Administrative Services Department currently.
218505:15:38.730 --> 05:15:49.929
Community Hall: There's… there are some vacancies currently in the CIP division that we're looking into, but
there's no other new positions.
218605:15:49.930 --> 05:16:08.369Community Hall: part of the request with CIP right now. Oh, that's understood, but we've already made some changes, and one of them, I believe, like, our grants analyst has, is on board to help with the grants.
Yes, we have a full-time grants analyst. That was part of your priorities, that was part of the work program
item, and we also have a CIP
218705:16:08.420 --> 05:16:12.470Community Hall: analyst that helps with some of this work. Okay.
2188
05:16:13.890 --> 05:16:24.199Community Hall: That is correct. So finance, currently has two positions that are supporting CIP, one being the CIP Management Analyst, that's
218905:16:24.200 --> 05:16:38.049Community Hall: Assisting with reconciling, projects, and the grants analyst, with as far as pursuing and
ensuring that the city is in compliance with any, grants that it currently has, and possibly any future grants.
219005:16:38.170 --> 05:16:42.999Community Hall: Thank you. And I think that's reflected in the, the…
219105:16:43.230 --> 05:16:56.030Community Hall: increased information that we have in the… in the… within the CIP budget that we're
seeing this year. And, also, I really appreciate the new prioritization plan. We'll move on to, Councilmember
Fruitt?
219205:17:00.420 --> 05:17:02.780Community Hall: Senior Prioritization.
219305:17:03.030 --> 05:17:08.390
Community Hall: You've tried to break down, sort of, weights by different…
219405:17:09.280 --> 05:17:20.270Community Hall: I'll call them classifications, things like the asset condition and infrastructure risk, climate resilience and sustainability, strategic alignment, etc.
219505:17:20.390 --> 05:17:31.700
Community Hall: Strategic alignment, which has a really strong weight, and that seems to make sense by
itself, you've defined as advances, city council goals, general plan, climate action plan, or adopted master
plan.
219605:17:33.650 --> 05:17:38.430Community Hall: It feels like it's somewhat duplicative of some of the other categories.
2197
05:17:38.860 --> 05:17:46.259
Community Hall: Is there a reasoning behind it? I can understand some reason for wanting to do it, and it
certainly makes sense to me that you would want to
219805:17:46.320 --> 05:17:53.010
Community Hall: align the whole city and our CIP with the goals that we have.
2199
05:17:53.060 --> 05:18:07.549
Community Hall: But things like the Climate Action Plan getting weighed under strategic alignment, and also presumably under climate resilience and sustainability, feels like it's sort of doing the same thing twice. Is that deliberate, I guess, is the question.
220005:18:09.130 --> 05:18:11.819
Community Hall: Thank you for the question, Councilmember.
2201
05:18:11.940 --> 05:18:24.699Community Hall: I don't believe it's deliberative to… deliberate to be duplicative, but let's just say that, the strategic alignment is a carryover that was one of the original five factors.
220205:18:24.850 --> 05:18:38.489
Community Hall: We look at all of the master plans, and so that's a continuation, that's something we've
had. And the climate resilience and sustainability, that is a new factor, as noted here, but we've always
220305:18:38.830 --> 05:18:48.650Community Hall: highlighted it, and in some projects, it shows up differently. We're gonna save money if we, increase our,
2204
05:18:48.860 --> 05:18:50.670
Community Hall: Put a new, more efficient…
220505:18:50.810 --> 05:19:10.009Community Hall: utilities, etc. So, yeah, it wasn't intentional. No, I just wanted to understand the thinking. I mean, for the record, I agree with it. I think that, you know, making sure that whatever we're doing is aligned with our overall vision for the city and all the documents that, you know.
2206
05:19:10.030 --> 05:19:21.340
Community Hall: we've put together. Very often, we create these plans, and then they just get stuck on a
shelf, and nothing ever happens with them, so it's good to see that there is some way that they are helping to guide what we do.
220705:19:23.010 --> 05:19:36.989Community Hall: And then I just wanted to confirm, as well, because there was one comment about the, the 85 on-ramp, and all of that is being funded by impact fees, yes?
2208
05:19:37.410 --> 05:19:51.259Community Hall: Yes. Yeah, okay. And I'll… you know, just for the sake of reminding the public, impact fees, one, have to have an essential nexus to the project and be roughly proportional as a legal matter, and then
220905:19:51.310 --> 05:19:58.770Community Hall: In addition, you have to spend them within a certain span of time, you can't hold onto
them forever. So…
221005:19:58.870 --> 05:20:03.169Community Hall: That is external funding, in essence. Yes. Okay, alright. Thank you.
2211
05:20:04.190 --> 05:20:05.620
Community Hall: Councilmember Mohan?
221205:20:09.250 --> 05:20:12.650Community Hall: So the staff report doesn't include the…
2213
05:20:13.450 --> 05:20:18.399
Community Hall: the pickleball, or at least, right? You added that later? Is that…
221405:20:20.500 --> 05:20:27.110Community Hall: Thank you for your question, Councilmember. We added the pickleball project after.
221505:20:27.380 --> 05:20:36.720
Community Hall: our prep session meetings, and we were reminded that we've been working on it, and we
should include it, so we rushed it in. And so that was why the
221605:20:36.820 --> 05:20:49.290Community Hall: Attachments F, G, H, and I showed up. They were revisions of the staff report and previous attachments to just simply include the pickleball project. Right. And my…
2217
05:20:49.570 --> 05:20:56.399
Community Hall: other… somehow I missed that information. I'm sure I heard it from you, but I didn't quite
get it.
221805:20:56.690 --> 05:20:59.780Community Hall: So this is the second year of our two-year.
2219
05:21:00.510 --> 05:21:01.850
Community Hall: CIB.
222005:21:02.380 --> 05:21:04.370Community Hall: Planning, right?
222105:21:05.050 --> 05:21:18.129
Community Hall: This is the first year of a five-year plan. We have an annual… we do a five-year plan every
year. Right. And, every year we come forward and we present the first year
222205:21:18.730 --> 05:21:29.799Community Hall: that we are asking for funding on, but that we're also presenting that within the context of a 5-year vision, if you will. And every year, we move that vision down the road another year.
222305:21:30.590 --> 05:21:32.480Community Hall: To continue our 5-year plan.
2224
05:21:32.700 --> 05:21:47.080
Community Hall: Okay, so for, FY2627, you're asking for 7.1, and I think that increased with, 7.3, maybe?
7.3 total, 7.3. So, all of it is, is…
222505:21:47.560 --> 05:21:50.180Community Hall: is already in the budget.
2226
05:21:51.550 --> 05:21:57.619
Community Hall: We are not increasing our ask, you could say. Okay, so you're not asking for new money,
right?
222705:21:57.860 --> 05:22:06.379Community Hall: the… we plan on, as a city, we plan on transferring $2 million from the general fund into the CIP annually.
2228
05:22:06.630 --> 05:22:19.099
Community Hall: And we also have the rest of the funds, other than the $600,000 mentioned from the fees collected, the rest of the money is funded by the capital reserve. We have enough in the capital reserve this year.
222905:22:19.250 --> 05:22:20.459Community Hall: to cover it.
2230
05:22:20.830 --> 05:22:24.500Community Hall: Right, and the 2 million that we transfer,
223105:22:24.900 --> 05:22:33.239Community Hall: Is that for next year, or is that for this year? That is for the fiscal year 26-27? Okay, so that'll be part of the budget, too.
2232
05:22:33.350 --> 05:22:38.319Community Hall: Yes, it'll be mentioned in there, and I don't remember if I think it happens in the third quarter?
223305:22:38.770 --> 05:22:40.420Community Hall: There comes Jonathan.
2234
05:22:46.100 --> 05:23:04.680Community Hall: The $2 million that are being… is being referenced is going to be part of the operating budget for fiscal year 26-27. And so, as we go into the May study session, you'll see that as an expense, and it's reflected in the forecast that we provided earlier in the year…
223505:23:04.810 --> 05:23:09.039Community Hall: Earlier tonight, as part of the 10-year forecast in the mid-year.
2236
05:23:11.290 --> 05:23:16.089
Community Hall: Okay, so it's not something… it's just part of the budget, the ongoing budget.
223705:23:16.230 --> 05:23:18.870Community Hall: Correct, it's part of the operating budget. Okay.
2238
05:23:19.160 --> 05:23:20.010
Community Hall: Thank you, John.
223905:23:20.830 --> 05:23:21.719Community Hall: Thank you, Mayor.
224005:23:22.110 --> 05:23:26.130
Community Hall: All right, thank you. Next is the Vice Mayor.
2241
05:23:27.950 --> 05:23:28.720Community Hall: Yeah.
224205:23:29.320 --> 05:23:37.840Community Hall: So… from the table. This is a 5-year… Projections of the one-year plan.
2243
05:23:38.080 --> 05:23:41.580
Community Hall: And, so I see that…
224405:23:41.760 --> 05:23:48.110Community Hall: some of the projects, for example, the B… Blackberry Farm Golf Renovation.
2245
05:23:48.580 --> 05:23:51.800
Community Hall: It's put in, like, year 3.
224605:23:53.200 --> 05:23:59.099Community Hall: And then, like, Park Shea, shade structure, is put in year 4.
2247
05:23:59.460 --> 05:24:07.190
Community Hall: I'm just curious, why is that some is so far away, even though it's listed as a project?
224805:24:08.730 --> 05:24:20.729Community Hall: Thank you for your question. We are trying to finish out the fire alarm system projects, and so we're… have the library as our priority for next year. This year, we
224905:24:20.730 --> 05:24:29.389Community Hall: plan to initiate and hopefully finish another 5 buildings' fire alarm systems. So that's part of the FCA project.
2250
05:24:29.470 --> 05:24:32.520
Community Hall: the Facility Condition Assessment Project.
225105:24:32.940 --> 05:24:39.930Community Hall: So then the golf course, if you look at last year's 5-year plan, I believe it was in year 4.
2252
05:24:40.130 --> 05:24:52.710
Community Hall: of last year's 5-year plan, and so we moved that up to year three in this year. That is… we
would do that tomorrow if we had the staffing to do it. I would also note that
225305:24:52.910 --> 05:25:00.850Community Hall: We are trying to plan the next 4 years to stay within our $2 million?
2254
05:25:01.380 --> 05:25:02.690
Community Hall: budget?
225505:25:03.700 --> 05:25:09.030Community Hall: Select here. So, yeah, stay within 2 million. Yes, we're trying.
2256
05:25:09.810 --> 05:25:12.220
Community Hall: You can see also from this year.
225705:25:12.460 --> 05:25:16.320Community Hall: projects do come up, like the quartz resurfacing, the pro shop.
225805:25:16.480 --> 05:25:20.000
Community Hall: Those are projects that we did not have on a list last year.
2259
05:25:20.210 --> 05:25:22.150Community Hall: But they're valid nonetheless.
226005:25:22.310 --> 05:25:33.860Community Hall: So, the condition… facility conditions, it's a project for this year, but the library is not
added, but you anticipate that will be.
2261
05:25:33.980 --> 05:25:39.370Community Hall: The project for next year, so should it not be included in the 5-year plan?
2262
05:25:39.740 --> 05:25:58.449
Community Hall: It is in the five-year plan, it's projected for next year's… Oh, so the funding is included, yeah, that's what the $1.3 million is for. That includes the fire alarm in the library. Oh, I thought that's… that would be coming. So, when I am looking at this, what my initial thought is…
2263
05:25:58.710 --> 05:26:03.579
Community Hall: our parks and… we approved our parks and record master plan.
226405:26:03.730 --> 05:26:23.180Community Hall: Back in 2019. Pardon, Vice Mayor? Just a moment. We're approaching 11 o'clock. I move that we continue, that we extend time to continue, deliberating on this item, and, which is our final item, and I need a second on this. Second?
2265
05:26:23.180 --> 05:26:26.150
Community Hall: Madam City Clerk, will you please conduct the roll call vote?
226605:26:27.960 --> 05:26:29.950Community Hall: Councilmember Ferwin? Aye.
2267
05:26:30.440 --> 05:26:33.510
Community Hall: Councilmember Mohan? Aye. Councilmember Wong?
226805:26:33.820 --> 05:26:34.420R "Ray" Wang, Councilmember: Hi.
2269
05:26:34.890 --> 05:26:42.340
Community Hall: Vice Mayor Chao? Aye. Mayor Moore? Aye. The motion carries unanimously. Alright, thank
you. Please continue, Vice Mayor. Thank you.
227005:26:42.500 --> 05:26:54.379Community Hall: And so, I was wondering how come none of the projects… it seems we are focusing on renovation, needed renovation, but then none of the parks and Rec
2271
05:26:54.490 --> 05:27:06.270
Community Hall: Master plan items got on the list. Then I looked at this, cute project. This is where I found
the annual playground replacement.
227205:27:06.570 --> 05:27:21.380Community Hall: schoolwork audit, library expansion, so we're… we have anticipated, landscaping for library expansion and other projects. There is park amenity improvement, so these are…
2273
05:27:22.220 --> 05:27:31.980
Community Hall: projects that Didn't get in the list, but if the council would like, we could include them, right?
2274
05:27:32.240 --> 05:27:37.510
Community Hall: Thank you. The projects that are listed under queued are funded.
227505:27:37.630 --> 05:27:48.840Community Hall: Oh, they are. They are projects that Council has previously approved, and some of them
we've made great progress on, but right now, it is, for one reason or another, not moving forward.
227605:27:49.000 --> 05:27:58.900Community Hall: For example, the Tommy and Inu projects, were working on the east segments, so the central and the west segments are, quote-unquote, in the queue.
227705:27:59.240 --> 05:28:06.429
Community Hall: while we work on the east segment. But we've already completed the CEQA report, or the
central segment.
227805:28:06.550 --> 05:28:11.439Community Hall: As part of… it was done with the East segment. So each of those projects has a different story.
2279
05:28:11.890 --> 05:28:17.920
Community Hall: Oh, okay, I think, so these are the proposed projects.
228005:28:18.160 --> 05:28:27.219Community Hall: The proposed project is the ones that we are proposing today. So the queued projects are still there, we still have funding, we are…
2281
05:28:27.990 --> 05:28:31.569
Community Hall: Correct. So, if we look at the 5-year.
228205:28:31.880 --> 05:28:44.459Community Hall: If I may, for clarity, they may not have full funding. Right. They have some funding. So, do we have… it seems we should have a 5-year plan for both?
2283
05:28:45.080 --> 05:28:51.170
Community Hall: already existing… existing queued project, plus the proposed ZOA.
228405:28:52.490 --> 05:29:01.010Community Hall: know how… what projects are still going to be implemented in the next 5 years, even though
2285
05:29:01.350 --> 05:29:08.800
Community Hall: the funding is already allocated. The projects that are on the list, but then already funded,
are our priority.
228605:29:11.420 --> 05:29:15.140
Community Hall: But like I say, there's reasons that those projects aren't being moved forward.
2287
05:29:15.430 --> 05:29:33.180
Community Hall: various resources. I know, but if we are talking about 5-year plan, right? Yeah. It seems we shouldn't… the 5-year plan shouldn't just include the new ones we proposed this year, and their 5-year projection. The 5-year plan should include previous ones, and…
228805:29:34.470 --> 05:29:52.800
Community Hall: You may be, happy to… when… so last year, we did a full status report. It was 40 pages
long. I have not yet done that status report. I think you'll find the information you're looking for in there,
because when, for example, we look at the parks projects.
228905:29:52.990 --> 05:29:58.350Community Hall: that are of that category. It shows you which projects are active.
2290
05:29:58.820 --> 05:30:09.280
Community Hall: And it gives you an update on those projects and why some of them aren't active, and what
we plan to activate in the next 5 years. What you're seeing today is a financial summary
229105:30:09.500 --> 05:30:16.650Community Hall: Of projects that we plan to ask for additional funding or new funding for in future years.
2292
05:30:16.770 --> 05:30:36.269
Community Hall: Okay, yeah, I see. So the unfunded projects are the ones that we… that didn't make the list
this year. Correct. That's something, if any council member feels strongly one of them should be funded,
then this is where they can provide input. Correct.
229305:30:36.390 --> 05:30:37.309Community Hall: Thank you.
2294
05:30:39.100 --> 05:30:54.329
Community Hall: Okay, I, I did notice, thank you, that in the, supplemental reports, you have a $250,000,
cutoff, that would… I believe that would remove projects that were under $250,000, is that correct?
229505:30:54.730 --> 05:31:09.860Community Hall: 250 points? In the prioritization? Let me get to it. I thought I read dollars, but maybe it is points. Okay, it's the, CIP prioritization process…
2296
05:31:10.410 --> 05:31:15.880
Community Hall: And… Let me get to it again.
229705:31:16.360 --> 05:31:22.620Community Hall: No, I thought I saw 250. Do we have any cutoff for, dollar amount on…
2298
05:31:23.160 --> 05:31:27.049
Community Hall: To… to have items dropped off of the list.
229905:31:28.610 --> 05:31:41.009Community Hall: No. Oh, it is a scoring. You're right, yeah. Oh, phew. Okay, I'm glad, because I was going to say, there are some things, like perhaps a shade structure that wouldn't cost over that amount. Right. So,
okay.
230005:31:41.910 --> 05:31:52.949Community Hall: By the way, do you know offhand, or can you get to it fairly quickly, what the scoring points were on the, park amenities, like the shade structures?
230105:31:53.780 --> 05:32:04.730
Community Hall: The park amenities… sorry, what? Like, the shade structures. We were going… it was a
CIP… it currently is a CIP item to add, some shade structures around.
230205:32:05.080 --> 05:32:14.120Community Hall: On the matrix, it is scored… it is… the points total right now are 130. Okay. The problem,
230305:32:15.790 --> 05:32:21.630
Community Hall: That's a very nice-to-have project. Yeah. That's why it's of that ilk.
230405:32:21.760 --> 05:32:23.920Community Hall: Understood, understood.
230505:32:24.620 --> 05:32:30.010Community Hall: Okay, so I don't believe we have a motion yet at this time,
2306
05:32:30.800 --> 05:32:34.729Community Hall: For purposes of deliberation, would Council
230705:32:34.780 --> 05:32:51.000Community Hall: Anyone care to make a motion on the item? For the staff recommendation, with the addition of the pickleball action sound barrier project from the staff… from the desk item.
2308
05:32:51.880 --> 05:33:11.690Community Hall: Okay, and that's the only added item from the desk item. It was only that one. It would be the six projects. Okay, and… Seconded. Okay, it was, motioned by the Vice Mayor, seconded by, Councilmember Mohan. Do we have any further discussion on this item, or are we prepared to go to a vote?
230905:33:11.690 --> 05:33:17.380
R "Ray" Wang, Councilmember: I would like to… I would like to, make some suggestion as well on the
queued projects, if we can…
231005:33:18.350 --> 05:33:19.100Community Hall: Speak up.
231105:33:19.640 --> 05:33:21.729R "Ray" Wang, Councilmember: Oh, can you hear me? Is that alright? Sorry.
2312
05:33:22.750 --> 05:33:23.879
Community Hall: Can you hear me now?
231305:33:24.110 --> 05:33:25.070Community Hall: Yeah. Yes.
2314
05:33:25.110 --> 05:33:31.860
R "Ray" Wang, Councilmember: Yeah, I would like to take the queued projects and, cut anything below
$300.
231505:33:32.270 --> 05:33:36.319R "Ray" Wang, Councilmember: And put those into… Proposed, if we can do that.
2316
05:33:37.900 --> 05:33:41.429
R "Ray" Wang, Councilmember: And I would not be supportive of the pickleball sound.
231705:33:41.580 --> 05:33:42.460R "Ray" Wang, Councilmember: Peace.
231805:33:44.730 --> 05:33:49.100
R "Ray" Wang, Councilmember: I think we should be not having pickleball courts there. That doesn't make
sense.
231905:33:51.030 --> 05:33:56.909R "Ray" Wang, Councilmember: I mean, if you want to cut the noise, just switch it to Padel, nobody would be complaining. That would save everybody a lot of money.
2320
05:33:57.330 --> 05:34:05.660
R "Ray" Wang, Councilmember: So, I don't see a need for that, but I would like to know what people would
like to do if we're gonna, in lieu of the pickleball courts, if there's something else they would want to add.
232105:34:05.800 --> 05:34:06.630R "Ray" Wang, Councilmember: So…
2322
05:34:13.960 --> 05:34:21.919
R "Ray" Wang, Councilmember: So on the prioritization matrix, Appendix B, sorry, to be more clear, we've
queued projects, take everything below 300, and just move them off.
232305:34:23.570 --> 05:34:30.309Community Hall: If I may, here is the list we are talking about. Here are the queued projects.
232405:34:31.240 --> 05:34:34.940Community Hall: So I see here are the proposed projects.
2325
05:34:35.400 --> 05:34:39.019
R "Ray" Wang, Councilmember: If you go a little above, you'll see queued, annual playground replacement,
School Walk Audit.
232605:34:40.250 --> 05:34:46.000Community Hall: Park amenity improvements, which is in queued, is 245.
2327
05:34:48.570 --> 05:34:53.469
Community Hall: And… Stevens Creek Bikeway is 245.
232805:34:53.610 --> 05:34:56.660Community Hall: Streetlight installation is $2.20.
2329
05:34:56.970 --> 05:35:01.369
Community Hall: And, among the proposed projects, they range from $300,
233005:35:01.560 --> 05:35:11.339Community Hall: for sports center courts resurfacing to 255, Memorial Park Pickleball Sound Barrier.
233105:35:11.630 --> 05:35:19.410
Community Hall: And, I see that in the unfunded projects, some are $295, $285.
2332
05:35:19.520 --> 05:35:24.180Community Hall: So, it's… it does seem that… I mean…
233305:35:25.030 --> 05:35:30.040Community Hall: The proposed project is not always the highest rank.
2334
05:35:30.280 --> 05:35:38.929
Community Hall: doesn't always have the highest point, which is okay, and if they are, I think the points are referenced.
233505:35:39.260 --> 05:35:47.720Community Hall: Thank you. So, Vice Mayor, you're… it doesn't sound like you're supportive of, that… those
amendments, to the motion and the second.
2336
05:35:47.740 --> 05:36:01.869Community Hall: And I would tend to agree, and I think that if we're going to get really granular with this list, that we're going to need to start at the 530, and we can go over whether or not we want to have a cutoff.
233705:36:01.870 --> 05:36:09.959Community Hall: And to remove projects, so I think we'd want to look at those items when we're fresh, rather than wholesale cutting them off,
2338
05:36:10.080 --> 05:36:12.940
Community Hall: Without having a proper discussion.
233905:36:13.200 --> 05:36:25.350Community Hall: And especially given we've been at this over… over 5 hours at this time. So, when would we have another look at the CIP list? City Manager?
2340
05:36:25.950 --> 05:36:29.900
Community Hall: With the goal, too, if you want to remove things. In case we…
234105:36:29.900 --> 05:36:30.770R "Ray" Wang, Councilmember: I want to test out the.
2342
05:36:30.770 --> 05:36:45.109
Community Hall: Okay, yeah, through the chair. Madam City Manager? So, you know, we were hoping today
that the… with the staff recommendation, that we… at least Council can agree on removing anything below $250 would work at this time.
234305:36:45.190 --> 05:36:57.430Community Hall: You know, and if… if there's… if there's consensus on maybe one or two projects that remain, we can take that kind of feedback, but I… I agree… I agree with you, Mayor, we shouldn't be
getting into…
234405:36:57.600 --> 05:37:13.529Community Hall: a wholesale change of this list at this point. Okay, so as it is right now, we're at 250, and, you know, we can take a… take a look and… and have a check-in if we want to remove the next 50 points up to go to your, Councilmember Wong's 300 suggestion.
2345
05:37:14.310 --> 05:37:17.340
Community Hall: And with that, do I have any further comments?
234605:37:17.680 --> 05:37:20.620Community Hall: Or… Can we go to a vote?
234705:37:22.890 --> 05:37:24.859
Community Hall: Councilmember Fruan?
234805:37:27.420 --> 05:37:33.640Community Hall: You ready to go vote? Okay, Madam City Clerk, will you please conduct the roll call vote?
2349
05:37:34.060 --> 05:37:35.749Community Hall: Councilmember Fruen? Aye.
2350
05:37:36.300 --> 05:37:38.180
Community Hall: Councilmember Mohan? Aye.
235105:37:38.440 --> 05:37:39.620Community Hall: Councilmember Wong?
235205:37:40.160 --> 05:37:40.920
R "Ray" Wang, Councilmember: Nay.
2353
05:37:42.060 --> 05:37:48.129Community Hall: Vice Mayor Chao? Aye. Mayor Moore? Aye. The motion carries with Wong voting no.
235405:37:48.520 --> 05:37:56.329Community Hall: All right, so that was our last agenda item for the evening. Tonight, we recognize the
recent passing
2355
05:37:56.450 --> 05:38:00.040Community Hall: of longtime Cupertino resident Boris Stanley.
235605:38:00.600 --> 05:38:05.569Community Hall: Boris played a pivotal role in shaping the community we know today.
2357
05:38:05.900 --> 05:38:12.960
Community Hall: As a local attorney, his decisive action in preparing and filing the incorporation papers
235805:38:13.200 --> 05:38:32.730Community Hall: formally established the city of Cupertino. Without his leadership and commitment, our city may not exist as it does today. In recognition of his extraordinary contributions, the city declared October
19, 2021 as Boris Stanley Day in Cupertino.
2359
05:38:33.460 --> 05:38:41.750Community Hall: We honor his lasting impact and are deeply grateful for the legacy he leaves behind in our community.
236005:38:42.340 --> 05:38:49.060
Community Hall: The meeting will now conclude in a moment of silence in memory of Boris Stanley.