HomeMy WebLinkAboutCC 06-02-2026 Youtube and Zoom TranscriptionYoutube and Zoom Transcription
https://youtu.be/he9-80PZKYU?si=o2-C37UrS2wtpJwI
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Community Hall: a seizures.
200:00:04.620 --> 00:00:05.440Community Hall: What's your name?
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Speaker 1 (Community Hall): Started.
400:00:10.420 --> 00:00:11.499Speaker 1 (Community Hall): That's supposed to be tight.
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Speaker 1 (Community Hall): Good evening. It is 645, and I call this June 2nd, 2026 regular meeting of the
Cupertino City Council.
600:00:17.940 --> 00:00:19.490Speaker 4 (Community Hall): Council to order.
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Speaker 4 (Community Hall): Please stand for the Pledge of Allegiance.
800:00:25.170 --> 00:00:28.170Speaker 4 (Community Hall): I pledge allegiance to the flag of the United States.
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Speaker 1 (Community Hall): She's aware.
1000:00:28.540 --> 00:00:29.390Speaker 4 (Community Hall): America.
1100:00:29.390 --> 00:00:30.189Speaker 1 (Community Hall): And I'm sure the.
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00:00:30.195 --> 00:00:37.484Speaker 4 (Community Hall): for which it stands, one nation, under God, indivisible, with liberty and justice for all.
1300:00:39.635 --> 00:00:42.184Speaker 4 (Community Hall): Madam City Clerk, will you please call the roll?
1400:00:42.295 --> 00:00:46.375Speaker 4 (Community Hall): Councilmember Fruen? Here. Councilmember Mohan? Here.
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Speaker 1 (Community Hall): Councilmember Wong? Here. Vice Mayor Chao has not joined us yet for the
dais. Mayor Moore?
1600:00:54.290 --> 00:00:54.800Speaker 1 (Community Hall): Present.
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Speaker 4 (Community Hall): Right. Madam City Attorney, do we have any closed session reports? We do not
tonight. Okay, thank you. For ceremonial items, we begin by taking a moment to recognize Pride Month.
1800:01:07.510 --> 00:01:20.789Speaker 4 (Community Hall): Pride Month is an opportunity to celebrate the contributions of LGBTQ plus individuals and reaffirm our commitment to ensuring all residents feel welcome and valued in our community.
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00:01:20.840 --> 00:01:37.100Speaker 4 (Community Hall): I'd also like to recognize representatives from the Santa Clara County Office of LGBTQ Affairs, who are with us this evening, and thank them for the important work they do. That is Sarah Fernando and Becca Ponce Valencia.
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Speaker 4 (Community Hall): And I invite everyone to join the City for our Pride flag-raising Ceremony June
10th at 3.30 p.m. in the Civic Center Plaza. On behalf of our City Council, I wish everyone a happy Pride
Month, and would our representative from the county like to make some brief comments?
2100:01:55.450 --> 00:01:59.840Speaker 4 (Community Hall): Yes, hello. As mentioned, my name is Becca Ponce Valencia, my pronoun.
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Speaker 1 (Community Hall): are she, her, hers, and I work in the County of Santa Clara Office.
2300:02:04.215 --> 00:02:21.034Speaker 6 (Community Hall): of LGBTQ Affairs. For folks who may not be familiar with our work, our office was established in 2016, making it the first county-level office of its kind in California and nationwide, also making this our 10-year anniversary.
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Speaker 6 (Community Hall): We invite each of you to come celebrate with us on June 12th, where we'll host
a lavender graduation for high school and college students, followed by a flag-raising, resource fair, and community performances.
00:02:34.615 --> 00:02:47.745Speaker 6 (Community Hall): Pride is such a fantastic time of year, right? It's a time when we come together as a community to celebrate, to remember our histories, to honor our elders and uplift our youth.
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Speaker 6 (Community Hall): But Pride is also a time of deep remembrance.
2700:02:51.605 --> 00:03:00.464Speaker 6 (Community Hall): It's a time to speak aloud and preserve the histories that are actively being erased, because if we do not tell them ourselves, someone else will decide them for us.
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Speaker 6 (Community Hall): And that warning is… that warning is ringing very loudly right now.
2900:03:04.875 --> 00:03:15.565Speaker 6 (Community Hall): We're living through a time when our federal government has launched an unprecedented wave of attacks targeting LGBTQ plus people. Most harmfully, our transgender siblings.
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Speaker 6 (Community Hall): Executive orders trip legal recognition, bans on gender-affirming care for young
people, and the erasure of trans identities from federal records and protections.
3100:03:26.105 --> 00:03:29.934Speaker 6 (Community Hall): And the attempts to remove us from all visibility.
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Speaker 6 (Community Hall): These are direct attacks on the lives, safety, and well-being of the real people
in our community.
3300:03:36.785 --> 00:03:51.305Speaker 6 (Community Hall): It remains important, now as it is ever, that to remember that pride itself was born from moments like these, from the generations who fought, so we could stand here today, and we honor them by refusing to be quiet. And this fight cannot be done alone.
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00:03:51.385 --> 00:03:57.885Speaker 6 (Community Hall): We ask that not only in Pride Month, but in all the months moving forward, that we are joined by our courageous allies.
3500:03:58.065 --> 00:04:11.304Speaker 6 (Community Hall): People who are willing to do the work, to listen, to learn, and to stand with us,
just not in our celebratory moments, but through our hardest times, in the loudest rooms, and when they
stand at the ballot box.
3600:04:11.755 --> 00:04:27.404Speaker 6 (Community Hall): It means speaking up when anti-LGBTQ plus rhetoric enters your spaces, and
That type of allyship is not optional anymore.
3700:04:28.125 --> 00:04:32.074Speaker 6 (Community Hall): It is necessary, and it remains active need.
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00:04:32.265 --> 00:04:38.015Speaker 6 (Community Hall): I invite you all to celebrate with our community, but I challenge you to keep showing up when June ends.
3900:04:38.395 --> 00:04:50.965Speaker 6 (Community Hall): We'd like to extend our deepest gratitude to the City of Cupertino for inviting
us to this proclamation, for our community to be seen, to be heard, celebrated, and accepted. And I wish
you all a very happy Pride Month.
4000:04:52.160 --> 00:04:53.640Speaker 4 (Community Hall): Thank you so much.
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Speaker 4 (Community Hall): Now we will present the proclamation on the dais and have a group photo.
4200:05:14.790 --> 00:05:15.145Community Hall: Jesus.
4300:05:53.040 --> 00:05:55.760Speaker 4 (Community Hall): Congratulations.
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00:05:56.270 --> 00:05:58.800Community Hall: Lisa, we'll see you next week.
4500:06:12.580 --> 00:06:15.479Community Hall: Mayor, for the record, Vice Mayor has joined the meeting. Yes.
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Speaker 4 (Community Hall): Just in time.
4700:06:17.750 --> 00:06:40.749Speaker 4 (Community Hall): Okay, now we move on to the second ceremonial item, and it recognized as World Environment Day observed on June 5th. This year's theme highlights climate action and the environmental changes we are seeing around the world. It also reminds us that local leadership and
education play an important role in driving progress.
4800:06:40.750 --> 00:06:44.089Speaker 4 (Community Hall): In that spirit, we recognize Danza College's
00:06:44.090 --> 00:06:52.979Speaker 4 (Community Hall): Environmental Studies program and its department chair for their leadership in environmental education and sustainability in our community.
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Speaker 4 (Community Hall): I completed the Environmental Studies Basic and Advanced Certificate
Programs at De Anza, and I am happy to share what an excellent program it is, and for locals wanting to learn more about sustainability, our general plan, Phase 1 and Phase 2 environmental site assessments, various regulatory agencies, environmental cleanups, our city's own Climate Action Plan, CEQA, environmental law.
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Speaker 4 (Community Hall): rights. Each one of these topics is covered in their program, and I highly
recommend it.
5200:07:22.860 --> 00:07:35.880Speaker 4 (Community Hall): We are pleased to have Dr. DeToro joining us tonight virtually. Welcome, Dr. DeToro. If you would like to share a few words about the program at De Anza or the proclamation, that would be wonderful.
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Alicia De Toro, Item #2: Thank you, Madam Mayor and Council, for inviting us today. I am so appreciative of
your kind words about our program. We at the Kirsch Center and De Anza are so…
5400:07:52.040 --> 00:08:02.340Alicia De Toro, Item #2: Celebratory with you, but also excited about sharing with our community and our students our knowledge of the environment.
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Alicia De Toro, Item #2: We have a great community, and we encourage you all to come see the program. You don't necessarily need to enroll in classes. We have a beautiful garden, we've been working with the Monarch butterflies, and we have our lovely environmental science, or environmental studies area.
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Alicia De Toro, Item #2: it, as was mentioned, the theme for World Environment Day this year is a global call
for climate action.
5700:08:29.930 --> 00:08:46.940Alicia De Toro, Item #2: And unfortunately, we're in a time where, as was already mentioned as well, we need to come together and educate others about the importance of the environmental issues that are being presented to us.
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Alicia De Toro, Item #2: And most particularly, climate action and climate change. So, as with the United
Nations World Environment Day, I encourage collective action, and I encourage everyone to focus
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Alicia De Toro, Item #2: this June 5th, on educating others, educating yourself.
6000:09:07.990 --> 00:09:26.030Alicia De Toro, Item #2: on the many aspects of the environment, including sustainability, which is, I
believe, a framework that you all are working within. It's part of what we need to move forward. So once
again, Madam Mayor and Council, thank you so much for
6100:09:26.030 --> 00:09:27.589Alicia De Toro, Item #2: inviting us today.
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Speaker 4 (Community Hall): Okay, thank you so much, Dr. DeToro. Council will now go up front for a
photo, and through the magic of technology, you will be, blended in with us. Okay.
6300:09:44.700 --> 00:09:45.909Speaker 4 (Community Hall): I think I did that, Trippie.
6400:09:46.150 --> 00:09:47.340
Speaker 4 (Community Hall): Let me lock on it.
6500:09:49.250 --> 00:09:51.800Speaker 4 (Community Hall): somehow this is important to fix that.
6600:09:52.920 --> 00:09:56.230Speaker 4 (Community Hall): We don't do it like this.
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00:09:56.230 --> 00:10:01.180Community Hall: Stand over here.
6800:10:01.320 --> 00:10:14.790Community Hall: Do we give a little room for that?
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Community Hall: Oh, this was AI-generated. Awesome.
7000:10:25.220 --> 00:10:26.560Community Hall: So we've got two…
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Community Hall: Thank you. Round of applause.
7200:10:50.790 --> 00:10:51.630Alicia De Toro, Item #2: Thank you.
7300:10:52.040 --> 00:10:53.880Community Hall: Thank you.
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Speaker 4 (Community Hall): And we'll make sure to get the proclamation to Danza's Environmental Studies
Department. All right.
7500:11:11.880 --> 00:11:20.679Speaker 4 (Community Hall): The next item is postponements and orders of the day. Madam City Clerk, do we have any? No postponements, Mayor. Okay, do my Council colleagues wish to motion any?
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Speaker 4 (Community Hall): Seeing none, we move on to oral communications. Madam City Clerk. How many speaker cards do we have?
7700:11:28.330 --> 00:11:34.000Speaker 5 (Community Hall): We have speaker cards in Community Hall, and I see…
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Speaker 5 (Community Hall): One request virtually, Mayor. Okay, thank you.
7900:11:38.165 --> 00:11:41.905Speaker 4 (Community Hall): Will you please provide the instructions and conduct oral communication?
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Speaker 5 (Community Hall): Yes, 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. Oral communications shall be limited to 30 minutes.
8100:11:54.245 --> 00:12:19.235Speaker 5 (Community Hall): 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 necessary, the chair may further limit the time allowed to the individual speakers, or reschedule
remaining comments to the end of the meeting on a first-come, first-heard basis, with priority given to
students. In most cases, state law will prohibit the Council from discussing or making any decisions
8200:12:19.235 --> 00:12:21.994Speaker 5 (Community Hall): with respect to a matter not listed on the agenda.
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Speaker 5 (Community Hall): A council member may, however, briefly respond to statements made or
questions posed by speakers. A council member may also ask 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.
00:12:39.675 --> 00:12:44.424Speaker 5 (Community Hall): Anyone wishing to provide comments under this item, please submit your request to speak.
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Speaker 5 (Community Hall): In the next 9 minutes.
8600:12:47.485 --> 00:12:54.734Speaker 5 (Community Hall): And… our first… Request to speak is from Marilyn Kung and David Goodman.
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Speaker 5 (Community Hall): Welcome.
8800:13:00.455 --> 00:13:06.545Speaker 5 (Community Hall): Good evening, Mayor and Council Members. My name is Marilyn, and here with me today is David. I'm a resident. Thank you for.
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Speaker 7 (Community Hall): for allowing us to speak today, and we appreciate your time and your service.
Today, we'd like to bring a public comment on the Silicon Valley Hopper. The hopper is not working well, and
Cupertino taxpayers deserve more for a service so expensive to operate.
9000:13:19.390 --> 00:13:30.540Speaker 7 (Community Hall): Hopper could enable Cupertino residents to get around the Bay Area without relying on a car. The state gave Cupertino grants to operate Hopper as a first mile, last mile connection to Caltrain, but it currently fails that requirement.
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00:13:32.250 --> 00:13:38.620Speaker 7 (Community Hall): Hi there. First I wanted to thank Vice Mayor Chao for taking the time to actually use Hopper and bring up concerns to the Transit Manager.
9200:13:38.620 --> 00:13:45.249Speaker 8 (Community Hall): I definitely agree with the concern that you brought up, that we should not be
wasting Hopper's limited capacity on rides that can be served by existing transit.
9300:13:45.250 --> 00:13:59.959Speaker 8 (Community Hall): I think it would make a lot more sense to free that up for things that could only be done with Hopper. But I wanted to particularly highlight two major concerns that I had. The first is that scheduling rides is not possible, and the second is that pickup and drop-off times are very unpredictable, even after a ride begins.
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Speaker 8 (Community Hall): And this makes it nearly impossible to use Hopper for its intended purpose of
getting to and from Caltrain, since there's no guarantee I'll actually make the connecting train that I'm trying to reach.
00:14:08.070 --> 00:14:18.329Speaker 8 (Community Hall): The slide deck presented by the transit manager at last month's City Council meeting, where Hopper was discussed, showed screenshots of a feature in the Hopper app for planning Hopper plus Caldrain trips.
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Speaker 8 (Community Hall): this feature doesn't seem to actually exist in reality. I'm not really sure how it made its way into the slide deck, but it's not in the app, and it's not advertised on VIA's website at all.
9700:14:28.540 --> 00:14:37.399Speaker 8 (Community Hall): When I've raised these concerns to Via on a few different occasions, all I've heard was an apology from a support agent in New Jersey, and I got no indication that they actually care at
all.
9800:14:38.420 --> 00:14:45.949Speaker 8 (Community Hall): I'm hoping that you guys can make sure that VIA actually delivers what they promise if they're selected to continue operating Silicon Valley Hopper. Thank you so much.
9900:14:48.150 --> 00:14:52.479
Speaker 5 (Community Hall): Thank you, and next we have a requester
10000:14:54.200 --> 00:14:58.479Speaker 5 (Community Hall): They did not leave their name, but you referred to house?
10100:15:00.050 --> 00:15:01.070Speaker 5 (Community Hall): Anyone?
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00:15:01.800 --> 00:15:02.839Community Hall: Okay, welcome.
10300:15:06.710 --> 00:15:11.480Speaker 5 (Community Hall): All students know, our French.
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Speaker 1 (Community Hall): Taizong, they murder…
10500:15:14.810 --> 00:15:17.130Speaker 9 (Community Hall): High school student.
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Speaker 9 (Community Hall): His name is a $500 million high school student staff in Kaizong, Taiwan, on
Facebook, 200…
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can hear you?
10800:15:32.495 --> 00:15:43.225Speaker 9 (Community Hall): high school student, if everybody knows, if we care, how could, Sandra Picha,
Google's CEO, can have further cover up?
10900:15:43.895 --> 00:15:58.924Speaker 9 (Community Hall): the conspiracy, and to lie, he… he… he convinced suicide and fought 10 fraud to death. If you see the photo at RottenMangoPodcast.com.
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Speaker 9 (Community Hall): Episode 3… 390… 3… 390…
11100:16:06.235 --> 00:16:18.725Speaker 9 (Community Hall): Two, you can say he fought 10 floors to death, but no… no any blues, no any bra found at the crime scene, on his own body.
11200:16:18.725 --> 00:16:35.535
Speaker 9 (Community Hall): No bruise, no bruise, no, even his teeth is no, no, no dark, no, no black at all.
His clothes is all green. Now, all students know he be here, so we have,
11300:16:35.605 --> 00:16:55.405Speaker 9 (Community Hall): Stanford University, June 14, we want to ask all students, and, residents of Copatino to go protest, they cannot murder high school students in, city in Copatino, in, in Taiwan.
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Speaker 9 (Community Hall): Taizong on May 4th. According to RogerMangoPodcast.com, episode 392, they
say he interior $500 million, then Mary.
11500:17:10.135 --> 00:17:19.314Speaker 9 (Community Hall): same-sex spouse. That same-sex spouse is stranger only met once, because, his grandpa, his father.
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Speaker 9 (Community Hall): These kiddos followers, they, they inject…
11700:17:23.625 --> 00:17:37.615Speaker 9 (Community Hall): poison into his body, and put some strangle, strangle his neck, and they press his, his, this part, and they inject something poison
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Speaker 9 (Community Hall): to, now, Google!
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Speaker 9 (Community Hall): 500 million, 30 pieces of land in Hizong. Actually, the value is 500 million to 10 million.
12100:17:57.235 --> 00:18:07.544Speaker 9 (Community Hall): Because the value is very high. Now, attorney Michael Zhu Weiqi website in
Taizong, they say, 2 years later.
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00:18:07.550 --> 00:18:10.039Speaker 5 (Community Hall): Thank you, that is your time. Thank you.
12300:18:10.270 --> 00:18:15.960Speaker 5 (Community Hall): That is your… Okay, next we have Kathy Helgerson.
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Speaker 5 (Community Hall): Welcome, Kathy Helgerson.
12500:18:22.880 --> 00:18:27.490Speaker 9 (Community Hall): to ask your reporter to lie everything. So…
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Speaker 9 (Community Hall): Yeah, we want to do something, because the email tried to help.
12700:18:34.830 --> 00:18:39.440Speaker 4 (Community Hall): No, I'm sorry, next speaker.
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Speaker 1 (Community Hall): I don't wanna… No.
12900:18:44.340 --> 00:18:49.610Speaker 4 (Community Hall): Next speaker… next speaker…
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Speaker 5 (Community Hall): Welcome, Kathy. I'm worried about it. You have 3 minutes. Sorry.
13100:18:54.620 --> 00:18:57.319Speaker 5 (Community Hall): Your mic isn't. Oh.
13200:18:57.790 --> 00:19:02.460Speaker 5 (Community Hall): Hi there. I attended the Economic Development Committee meeting.
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Speaker 10 (Community Hall): That was just recently formed again.
13400:19:05.520 --> 00:19:12.290Speaker 10 (Community Hall): They are looking at adding and encouraging businesses to come to Cupertino
to set up businesses.
13500:19:12.390 --> 00:19:25.960Speaker 10 (Community Hall): There will be a meeting again in July, and I will be attending, and I think they will have monthly meetings after that, right? You're familiar with that, okay. We should look at the builds on Stevens Creek Boulevard that the City of Cupertino has approved.
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Speaker 10 (Community Hall): That will be replacing Pizza Hut Staples store and Fontaine's Restaurant. They
will… they will be gone, which is a real shame. Many people have lost their jobs at Staples stores and
complained, but no one listened.
13700:19:37.990 --> 00:19:47.990Speaker 10 (Community Hall): This is also on the other side of Stevens Creek Boulevard, another approved build that will be replacing the Voyager Coffee Shop and Panera Bread. This is another build.
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Speaker 10 (Community Hall): This building will also replace the daycare center and office center. The Cupertino small offices at this site are necessary to the city. We need the daycare center. This has also been approved. This is also sad, and the public really did not get a chance to stop this terrible tragedy.
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Speaker 10 (Community Hall): My feeling now is that I have to comment by asking the question, how can
Cupertino attract any new businesses if, in fact, there could be a possibility that once they establish
themselves instead of businesses, all that would have to be in vain? A housing project could come along,
come up.
14000:20:26.140 --> 00:20:31.289Speaker 10 (Community Hall): And they would have to move, or never to be heard… or never be heard from again.
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Speaker 10 (Community Hall): The question I asked at the Economic Development Committee meeting was, how can you think that any business would want to come to Cupertino if they know that once they get their businesses established, that they may have to move out because of the housing quota requirements?
14200:20:47.730 --> 00:20:55.489Speaker 10 (Community Hall): How can the Economic Development Committee even function after that? I
am sure they have to look at this great problem.
14300:20:55.590 --> 00:21:03.420Speaker 10 (Community Hall): I pulled off… let me see… oh, it should also be noted that the Key Project
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Speaker 10 (Community Hall): to provide 2,669 units of housing that is not listed on the City of Coop…
14500:21:09.830 --> 00:21:26.669Speaker 10 (Community Hall): Cupertino's major project list. As of April 2025, the City of Cupertino at this site has approved 2,852 units of housing, and has 424 additional units under review, totaling 3,267 units of
housing.
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00:21:26.680 --> 00:21:35.270Speaker 10 (Community Hall): This is roughly 70% of the goals certified 2023 to 2031. Housing element is
14700:21:35.450 --> 00:21:40.840Speaker 10 (Community Hall): housing element to comply with the state regional housing needs allocation.
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Speaker 10 (Community Hall): Of these, approximately 1,880 units must be affordable to lower-income households. How is the quota really decided?
14900:21:49.980 --> 00:21:57.440Speaker 10 (Community Hall): who is in charge of this determination? I contacted Cooper Trinos District 13…
oh… Thank you, Kathy.
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00:21:58.040 --> 00:22:07.079Speaker 5 (Community Hall): And now we will move to those members of the public requesting to speak virtually. We have two speakers, Jennifer Griffin and San Rao. Welcome, Jen. Jennifer?
15100:22:08.880 --> 00:22:12.350
Jennifer Griffin: Thank you. Can you hear me okay?
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00:22:12.610 --> 00:22:13.619Speaker 5 (Community Hall): Yes, we can.
15300:22:13.620 --> 00:22:20.890Jennifer Griffin: Okay, I have a really bad cold, so I am staying home. Thank you for all,
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Jennifer Griffin: the me- public activities before. I'm… I had several things I wanted to mention tonight.
15500:22:30.350 --> 00:22:32.300Jennifer Griffin: One of the myths I am…
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Jennifer Griffin: I have an ongoing concern about the loss of retail, which is what Kathy previously had talked
about.
15700:22:39.850 --> 00:22:55.470Jennifer Griffin: I, you know, for the life of me, I cannot remember if there is any retail that has been
approved for the Valco RISE project. You'd think I would remember this, but I don't. I just was curious…
15800:22:55.470 --> 00:23:01.580Jennifer Griffin: Especially since they have such a large frontage on Stevens Creek Boulevard.
15900:23:01.580 --> 00:23:21.210Jennifer Griffin: I hope that we're… if they are going to be having retail, I hope that it's up close to Stevens
Creek Boulevard. The second item I wanted to talk about was there is a new, bill, AB1751, which is,
16000:23:21.300 --> 00:23:34.110Jennifer Griffin: Sharon Quirk-Silva, Assembly Lady from Southern California, and Buffy Wicks, who is out of, I think it's Oakland. This bill is rather startling because it
16100:23:34.300 --> 00:23:39.400
Jennifer Griffin: Is… Attempting to have townhouse projects.
16200:23:39.770 --> 00:23:48.560Jennifer Griffin: be ministerially approved. And they're calling it the Missing Middle townhouse project. Well.
16300:23:48.950 --> 00:23:58.900Jennifer Griffin: I… I appreciate townhouse projects, but a lot of them are not missing middle. We're talking
about market rate homes, and I think that
16400:23:59.100 --> 00:24:09.670Jennifer Griffin: This bill is genuinely misguided. I… they want to have ministerial approval for these projects.
16500:24:09.730 --> 00:24:20.839Jennifer Griffin: Which, as we know, to have a viable, responsible project, there has to be input from
everyone about the project.
16600:24:20.870 --> 00:24:38.330Jennifer Griffin: We can't just have it be, we're plunking down these townhouses, and that's it. We have to have everyone come to the table and talk about it. The other thing is that this bill is attempting to override any CEQA
167
00:24:38.420 --> 00:24:50.060
Jennifer Griffin: investigations of the townhouse project, which I think is very, very irresponsible on the part
of these two assembly members. You can't…
16800:24:50.150 --> 00:25:06.319
earthquakes, etc, etc. And I just think that this type of a bill is very, very
16900:25:06.450 --> 00:25:11.079Jennifer Griffin: irresponsible, and I hope that it gets shut down quickly. Thank you.
170
00:25:11.540 --> 00:25:14.729Speaker 5 (Community Hall): Thank you, Jennifer. Next, we have San Rao. Welcome, San.
17100:25:18.800 --> 00:25:33.430San Rao: Good evening, Mayor Moore, council members. I want to remind you, speaking on behalf of myself only as the resident, I want to remind you the oral communications is limited to items within the jurisdiction
of the City Council, and the prior
17200:25:33.580 --> 00:25:40.000San Rao: Speaker that disturbed the meeting was speaking on topics not in the jurisdiction of
17300:25:40.340 --> 00:25:50.779San Rao: the City Council, and this is a repeating scenario, which is very disturbing to attendees. I urge the
City Attorney to please make sure that
17400:25:50.920 --> 00:25:59.670San Rao: In future, the oral communications are limited to items within the jurisdiction of the Council meeting, and if needed to have
17500:25:59.990 --> 00:26:02.030
San Rao: Such disturbances.
17600:26:02.160 --> 00:26:10.530San Rao: proactively managed, since this is occurring repeatedly, and it is the… it's the same person that is causing the disturbance.
17700:26:10.630 --> 00:26:13.649
San Rao: It has also occurred in other commissions, I believe.
17800:26:13.780 --> 00:26:17.579San Rao: As we are entering the campaign season.
17900:26:17.850 --> 00:26:22.840San Rao: I'm also requesting the mayor and… CAO,
180
00:26:23.070 --> 00:26:29.879San Rao: To proactively ask for campaign donations from all interested parties for agenda items.
181
San Rao: Specifically, there are agenda items related to
18200:26:33.430 --> 00:26:38.220San Rao: An applicant, and the applicant's project involves neighbors.
183
00:26:38.420 --> 00:26:52.050San Rao: that have written into the city, and so please exercise the diligence needed of both the candidates, or potential candidates, that are due for re-election, even though one has filed and the other has not.
18400:26:52.230 --> 00:26:53.290San Rao: Both.
185
00:26:53.550 --> 00:27:01.860San Rao: Should be asked if they have accepted in the past 12 months, or intend to accept in the next 12 months any donations of $50 or more.
18600:27:02.230 --> 00:27:11.269San Rao: from direct or indirect parties associated with agenda items coming up today. There is also the
appointment
18700:27:11.420 --> 00:27:13.730San Rao: or for BPAC Commissioner to a…
18800:27:13.930 --> 00:27:18.979San Rao: to a CAC, and whether they have accepted or will accept any donations from that person.
189
00:27:19.090 --> 00:27:26.589San Rao: Furthermore, there are also appointments or limits being enforced on campaign financing, and both
19000:27:26.850 --> 00:27:33.180San Rao: council members due for re-election, should recuse on that item, so I'm asking
191
00:27:33.320 --> 00:27:43.220San Rao: at Nea Andrews to be particularly diligent in enforcing and asking these questions so that we have a process that is not
19200:27:43.450 --> 00:27:47.940San Rao: Allowing for votes on the dais on items where
193
00:27:48.140 --> 00:27:52.630San Rao: Candidates may not yet have disclosed whether they have accepted donations, and
194
San Rao: The residents of Cupertino deserve to have the next 6 months of votes on dais to be fair and free of influence due to donations that have not yet been disclosed. Thank you.
195
00:28:07.360 --> 00:28:12.069
Speaker 5 (Community Hall): Thank you, San and Mayor, that concludes the speakers for this item. All right,
thank you.
19600:28:12.245 --> 00:28:17.224Speaker 4 (Community Hall): Our next item is the consent calendar, items 3 through 13. Have any items been pulled?
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Speaker 4 (Community Hall): No, Mayor. Are there requests to pull any item by the Council at this time? And
I'm going to be looking at the home panel.
19800:28:27.825 --> 00:28:34.705Speaker 4 (Community Hall): Okay, Councilmember Wong? Yeah, I would like to, force, three items, from the minutes.
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Speaker 11 (Community Hall): Item number 5, item number 6, and item number 7 for separate vote, I would need to abstain, more for a procedural perspective, so…
20000:28:42.860 --> 00:28:44.270Speaker 4 (Community Hall): Hmm, okay.
201
00:28:44.890 --> 00:28:46.739
Speaker 4 (Community Hall): And are there…
20200:28:46.980 --> 00:28:54.660Speaker 4 (Community Hall): any other items that anyone is interested in pulling? I'm not seeing any hands raised at this time.
203
00:28:55.180 --> 00:28:57.440
Speaker 4 (Community Hall): So we can go to…
20400:28:57.445 --> 00:28:59.404Speaker 11 (Community Hall): Group 5, 6, and 7, sorry about that.
205
00:28:59.405 --> 00:29:04.695
Speaker 4 (Community Hall): We can when we go… when we move the item, but we need to go to public
comment.
20600:29:04.955 --> 00:29:06.944
207
00:29:07.185 --> 00:29:09.455
Speaker 4 (Community Hall): Mayor. Vice Mayor?
20800:29:10.050 --> 00:29:15.510Speaker 10 (Community Hall): So, I believe we don't have to pull those items, we just need to vote.
209
00:29:15.515 --> 00:29:24.625
Speaker 4 (Community Hall): Correct. We're going to vote separately, correct? Yeah, just wanted to clarify.
Yes. You're not asking to comment on them, you just simply want to have a separate vote, which is not a problem.
21000:29:24.990 --> 00:29:34.059Speaker 5 (Community Hall): Mayor, I see two requests to speak virtually. Okay. Okay. Just a reminder,
anyone wishing to provide comments for this item, please submit your request in the next 9 minutes.
211
00:29:34.190 --> 00:29:38.409Speaker 5 (Community Hall): We have Jennifer Griffin and San Rao. Welcome, Jennifer.
21200:29:40.570 --> 00:29:55.499Jennifer Griffin: Yes, thank you. I just wanted to ask a question. Was the item that pertained to, Zoom
participation by the public, like what I'm on now, was that item pulled?
213
00:30:00.610 --> 00:30:09.659Jennifer Griffin: There was one item on consent calendar that concerned the public. Like, if a meeting had.
21400:30:09.660 --> 00:30:12.579Speaker 4 (Community Hall): It was not pulled. It was not pulled, item 8.
215
00:30:13.280 --> 00:30:19.680
Jennifer Griffin: Okay, so is that… I'm still confused. Is that item going to be voted on, then?
21600:30:20.260 --> 00:30:23.839Speaker 7 (Community Hall): Mayor, the public speaker seems to be addressed.
217
00:30:23.845 --> 00:30:29.854
Speaker 1 (Community Hall): the item that is on the regular calendar pertaining to, meeting disruptions.
21800:30:30.605 --> 00:30:33.514Speaker 1 (Community Hall): Versus the subsidiary bodies.
219
00:30:34.070 --> 00:30:37.439
Speaker 12 (Community Hall): Having the permission to use teleconferencing.
22000:30:37.700 --> 00:30:38.300Speaker 12 (Community Hall): Soon.
221
00:30:38.300 --> 00:30:47.729
Speaker 4 (Community Hall): Okay, so item 8 will remain on consent and be voted with the consent items,
as we are going to regroup them. And then there's the other item,
22200:30:47.970 --> 00:30:49.540Speaker 4 (Community Hall): 16?
223
00:30:49.650 --> 00:30:52.980
Speaker 4 (Community Hall): Regarding SB707. Okay.
22400:30:52.980 --> 00:30:55.510Jennifer Griffin: That was the one I had the question about.
225
00:30:55.810 --> 00:30:57.619
Speaker 4 (Community Hall): Okay, you'll have a chance to talk about that.
22600:30:57.620 --> 00:31:00.439Jennifer Griffin: Is that coming up on the agenda?
22700:31:00.720 --> 00:31:01.670
Speaker 4 (Community Hall): Correct.
228
00:31:01.670 --> 00:31:04.230Jennifer Griffin: What number? Sorry, what number is 16?
22900:31:04.720 --> 00:31:06.360Jennifer Griffin: 16. Thank you.
230
00:31:06.390 --> 00:31:07.190
Speaker 4 (Community Hall): Okay, you're welcome.
23100:31:07.190 --> 00:31:11.230Jennifer Griffin: I appreciate that, thank you. I'm Elle. Okay, thank you.
232
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Speaker 5 (Community Hall): Okay, Jennifer, you may provide your comments now, or… Oh, no, no, later.
Later on the agenda for item 16. Correct. Okay, now we move to San Rao. Welcome, San.
23300:31:25.560 --> 00:31:30.280
234
00:31:30.360 --> 00:31:37.130
San Rao: any of the Council members to poll agenda Item 13 and pull Agenda Item 12.
23500:31:37.210 --> 00:31:51.730San Rao: Agenda item 13 should never have been on the consent calendar. I'd like to understand why this was placed on the consent calendar. The particular member being reappointed, or proposed to be
reappointed, was appointed by a prior council majority.
236
00:31:51.730 --> 00:32:03.079San Rao: The appointments of the prior council majority do not reflect the will of the voters. That changed the majority in 2024. The voters of Cupertino sent a very clear message in 2024 that they were
23700:32:03.090 --> 00:32:11.289
San Rao: Dissatisfied with the anti-resistant majority that existed between 2022 and 2024 that caused
238
00:32:11.500 --> 00:32:22.719San Rao: irreversible havoc and chaos in Cupertino, and appointments of that majority no longer reflect the will of the voters, and to see that on consent is…
23900:32:22.920 --> 00:32:40.030
San Rao: is really ignoring the will of the voters that gave you a clear message in 2024, I urge you to pull
item 13 from the consent calendar and reject the item, and bring back a fair recommendation from the BPC
on who should be appointed.
24000:32:40.130 --> 00:32:44.240San Rao: With the Council having the purgative to override that.
241
00:32:44.460 --> 00:32:47.669
San Rao: The residents do not want to see this appointment. This person
24200:32:47.920 --> 00:32:53.609San Rao: has not reflected the majority of the Copatino voters in terms of multimodal
24300:32:53.730 --> 00:32:57.969
San Rao: fairness and equity, and we are particularly concerned about VTA.
244
00:32:58.380 --> 00:33:02.610San Rao: Because VTA has the potential to bring SP79 to Cupertino.
24500:33:02.760 --> 00:33:15.329San Rao: And so this is not a simple appointment. This is an appointment that reflects the potential harm of
bringing in SP79 by passing policies in VTA that may encourage
246
00:33:15.630 --> 00:33:19.370San Rao: The investment in transit stops that we may have no control over.
247
00:33:19.530 --> 00:33:31.459
San Rao: So I urge you to poll item 13. And on item 12, once again, I'm urging you to poll the item and have
the two council members coming up due for re-election to recuse themselves. Thank you.
24800:33:32.690 --> 00:33:35.859Speaker 5 (Community Hall): Thank you, San. Mayor, no additional requests to speak on this item?
249
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Speaker 4 (Community Hall): All right, thank you. Councilmember Wong, your hands raised? I would
entertain.
25000:33:40.415 --> 00:33:50.324Speaker 11 (Community Hall): I would entertain the option to pull item number 13, if someone else would actually second that. Or can I just pull it myself? You can pull it yourself. I will pull it myself, thank you.
251
00:33:52.470 --> 00:33:58.079
Speaker 4 (Community Hall): Okay, so we have pulled item 13, so…
25200:33:59.390 --> 00:34:07.920Speaker 4 (Community Hall): that will… later in the agenda. So do I have a motion to move items 3?
253
00:34:08.100 --> 00:34:13.830
Speaker 4 (Community Hall): 4, 8, 9, 10, 11, and 12.
25400:34:14.320 --> 00:34:16.900Speaker 11 (Community Hall): So moved. Second. Okay.
25500:34:17.045 --> 00:34:20.254
Speaker 4 (Community Hall): Do we have any comments from the Council on those items?
256
00:34:20.784 --> 00:34:28.824Speaker 4 (Community Hall): Seeing no hands raised, Madam City Clerk, will you set the voting panel, and we will vote.
25700:34:36.045 --> 00:34:37.475
Speaker 4 (Community Hall): Okay, has everyone voted?
258
00:34:41.739 --> 00:34:43.559Speaker 5 (Community Hall): Motion carries unanimously. Okay.
259
Speaker 4 (Community Hall): Great, and so we've separated out, 5 through 7. Do we have a motion to move items 5 through 7?
260
00:34:52.540 --> 00:35:02.840
Speaker 4 (Community Hall): So moved. Okay, and… Second. And a second. Madam, not seeing any hands
raised to comment on this item. Madam City Clerk, please, please set the voting panel, and we will vote.
26100:35:10.820 --> 00:35:12.320Speaker 4 (Community Hall): Has everyone voted?
262
00:35:18.720 --> 00:35:23.449
Speaker 5 (Community Hall): I have a question for the City Attorney, Mayor. If Councilmember Wong
abstained.
26300:35:24.150 --> 00:35:27.249Speaker 5 (Community Hall): May he still second the motion?
264
00:35:30.800 --> 00:35:34.319
Speaker 12 (Community Hall): I don't think so. I think that that,
26500:35:36.970 --> 00:35:43.129Speaker 12 (Community Hall): I think we should have somebody who is seconding the motion, somebody who will actually be voting on the item. Okay. Moore, I second.
266
00:35:43.860 --> 00:35:45.590
Speaker 4 (Community Hall): Wait…
26700:35:47.710 --> 00:35:53.140Speaker 12 (Community Hall): But I… I don't think that's, there is a requirement for that, though.
26800:35:54.020 --> 00:35:57.909
Speaker 12 (Community Hall): I have a motion or seconded a motion.
269
00:35:57.910 --> 00:36:00.359Speaker 13 (Community Hall): motion, and then I eventually voted no.
27000:36:01.160 --> 00:36:07.680Speaker 13 (Community Hall): But I made the motion because it's for discussion purposes. After discussion. I
wanted to have control of what's on the in the.
271
00:36:07.685 --> 00:36:11.565Speaker 12 (Community Hall): Vice Mayor, that does make sense to me. I still could decide to…
272
Speaker 13 (Community Hall): Let's go through the.
27300:36:12.185 --> 00:36:19.204Speaker 4 (Community Hall): chair, so we're going to hold the second, and we're going to take the vote
using that motion in the second.
27400:36:19.210 --> 00:36:23.420Speaker 5 (Community Hall): Moving and Wong seconding? Correct. Okay. Alright.
27500:36:23.425 --> 00:36:26.625Speaker 4 (Community Hall): Okay, please stop. Mayor, yeah, we're restarting the boat, thank you.
276
00:36:29.970 --> 00:36:32.040Speaker 13 (Community Hall): But I couldn't… it doesn't…
27700:36:36.880 --> 00:36:39.460Speaker 13 (Community Hall): It doesn't take my… Vice Mayor, you voted already.
278
00:36:39.475 --> 00:36:41.015
Speaker 5 (Community Hall): It is? Yes.
27900:36:41.165 --> 00:36:42.234Speaker 5 (Community Hall): Yeah, first.
280
00:36:44.095 --> 00:36:46.145
Speaker 5 (Community Hall): The motion carries with Wong abstaining.
28100:36:46.625 --> 00:36:47.505Speaker 5 (Community Hall): Okay.
282
00:36:49.930 --> 00:36:52.900
Speaker 4 (Community Hall): Next, we move on to public hearings.
28300:36:53.670 --> 00:37:05.140Speaker 4 (Community Hall): First is item 14, renewing the 1992 storm drain fee and the 2019 Clean Water and Storm Protection Fee with a 3% increase. Madam City Manager, do we have a presentation on the item?
284
00:37:05.650 --> 00:37:11.050
Speaker 1 (Community Hall): Thank you, Mayor. We do have a presentation. This is the annual renewal of
our two-parcel-based stormwater.
28500:37:11.050 --> 00:37:20.330Speaker 14 (Community Hall): pollution prevention fees. The revenues, support compliance with the
286
00:37:20.380 --> 00:37:37.359
Speaker 14 (Community Hall): There is a supplemental report that was issued yesterday related to the 1992 storm drain fee, and with that, I will now turn it over to Ursula Sarova, Environmental Programs and Sustainability Manager, to present this item. Supporting it, along with Ursula, is Chad Mosley, Director of Public Works.
287
00:37:39.160 --> 00:37:44.579
Speaker 14 (Community Hall): Good evening, Mayor Moore, Council Members. I am Ursula Sirova,
Environmental Programs Mana…
28800:37:44.980 --> 00:37:52.279Speaker 14 (Community Hall): Here to talk about the renewal of the City's two stormwater fees, which we bring to Council annually this time of year.
289
00:37:56.350 --> 00:38:08.480
Speaker 15 (Community Hall): Cupertino is required under permit to keep our stormwater clean. The permit
is called the San Francisco Bay National Pollution Discharge Elimination System Permit, aka the Municipal Regional Permit.
29000:38:08.850 --> 00:38:15.189Speaker 15 (Community Hall): And it covers 76 agencies in the Bay Area and establishes requirements for stormwater pollution prevention.
291
00:38:15.410 --> 00:38:22.989Speaker 15 (Community Hall): It's over 700 pages long, we're out of the Clean Water Act, and includes about 20 categories of compliance that the city must adhere to.
29200:38:23.220 --> 00:38:28.580Speaker 15 (Community Hall): The City has two property-based fees in place to support our compliance
activities.
29300:38:28.750 --> 00:38:45.750Speaker 15 (Community Hall): These fees require an annual renewal process in advance of the county assessing the fee via property tax bills. The first fee was adopted in 1992, and the second fee was adopted in 2019. Rates for the fees are based on land use, as shown here.
294
00:38:48.040 --> 00:38:51.850
Speaker 15 (Community Hall): And both fees appear on property tax bills.
29500:38:54.760 --> 00:39:01.910Speaker 15 (Community Hall): Here are just a few examples of the preventative, responsive, and educational activities which ensure our compliance with the permit.
296
00:39:02.090 --> 00:39:12.120
Speaker 15 (Community Hall): This work includes responding to spills, conducting annual preemptive
inspections, reviewing building plans, and coordinating installation of new trash capture devices.
29700:39:12.330 --> 00:39:23.880Speaker 15 (Community Hall): Other activities include hands-on learning at McClellan Ranch Preserve,
education during outreach events, and administrative work to gather and track data and report out annually
as required by the permit.
29800:39:25.230 --> 00:39:35.630Speaker 15 (Community Hall): As part of our work, we also conduct two volunteer-driven creek cleanup events each year, and staff do additional cleanups in areas less accessible to volunteers.
299
00:39:37.560 --> 00:39:48.609
Speaker 15 (Community Hall): We have our own vector truck, which we use to clean and maintain over
2,100 storm drains, many of which are fitted with special devices to keep trash from entering the system and
being carried to our creeks.
30000:39:48.850 --> 00:39:54.210Speaker 15 (Community Hall): Our program also offers half the, covers half the expense of street sweeping in the city.
301
00:39:54.420 --> 00:40:13.580
Speaker 15 (Community Hall): And to further assist with compliance, we are part of a regional organization called the Santa Clara Valley Urban Runoff Pollution Prevention Program, which conducts required water sampling and online visual… online visual trash assessments. Also provides guidance for compliance and preparation and submission of our extensive
302
00:40:13.630 --> 00:40:17.019
Speaker 15 (Community Hall): and a report that we submit to the Regional Water Board.
30300:40:17.490 --> 00:40:24.540Speaker 15 (Community Hall): The fees also funded the project to assess the outfalls in the city to identify those that may need repair or maintenance.
304
00:40:25.890 --> 00:40:40.390
Speaker 15 (Community Hall): In 2019, as part of establishing the newer fee, Council approved a cost share
program that is available to low-income property owners, which provides a 20% rebate upon approval, and
then a 20% reduced rate on their bill going forward.
30500:40:40.890 --> 00:40:57.260Speaker 15 (Community Hall): An additional 44 residents qualified for this program this current fiscal year, bringing the total to 322 participants. People who want to apply for the cost share program or recertify can do so at cupertino.org slash watercost share.
306
00:40:59.680 --> 00:41:07.629Speaker 15 (Community Hall): This annual process concerns only budget and activities related to Fund 230 Environmental Management Clean Creek Storm Drain.
30700:41:07.770 --> 00:41:12.669Speaker 15 (Community Hall): Which is for activities related to operating the Non-Point Source Pollution Prevention Program.
308
00:41:12.780 --> 00:41:25.299
Speaker 15 (Community Hall): It is distinct from Fund 215, Storm Drain AB1600, and it's distinct from Fund 210, which is for construction maintenance of storm drain facilities through the Capital Reserve.
30900:41:27.250 --> 00:41:34.410Speaker 15 (Community Hall): The non-point source program and storm drain maintenance revenues and expenses are audited annually during the regular external audit.
310
00:41:34.590 --> 00:41:50.730Speaker 15 (Community Hall): Additionally, we worked with finance staff to establish an agreed-upon procedures AUP audit by calendar year of expenses and revenues. The AUP audit for calendar year 2025 is in the packet, and no exceptions or concerns have been noted by the auditors.
31100:41:53.060 --> 00:42:06.910
Speaker 15 (Community Hall): The 1992 fee has no mechanism for increase, so it will remain the same. The
2019 Clean Water and Storm Protection fee does allow for an annual increase up to CPI with a maximum of
a 3%.
31200:42:07.100 --> 00:42:23.040Speaker 15 (Community Hall): The calculated CPI increase for this period was 3.04%, but the terms of the 2019 fee ordinance limit us to 3%, so we recommend that increase of 3% to the annual fee for 26-27 fiscal year.
313
00:42:23.260 --> 00:42:33.480
Speaker 15 (Community Hall): The unused .04% may be carried forward to a future year where the CPI increases under 3%, retaining the 3% maximum in any individual year.
31400:42:33.760 --> 00:42:45.550Speaker 15 (Community Hall): If approved by Council, increasing this fee by 3% would increase revenue by
$35,500 for the coming fiscal year, which is about
315
00:42:45.720 --> 00:42:51.490Speaker 15 (Community Hall): $1.44 per year additional for an average single-family home parcel.
31600:42:53.580 --> 00:43:02.740Speaker 15 (Community Hall): So, tonight's recommended actions are to renew the 1992 fee with no
increase, and renew the 2019 fee with a 3% increase.
317
00:43:03.260 --> 00:43:09.129Speaker 15 (Community Hall): That concludes my presentation, and I'm happy to answer any questions that Council or the public may have.
31800:43:10.510 --> 00:43:16.190Speaker 4 (Community Hall): Okay, thank you, Ursula, for the presentation. Do we have any clarifying questions from the Council?
319
00:43:16.770 --> 00:43:20.370
Speaker 4 (Community Hall): At this time, before opening it up for public comments.
32000:43:21.080 --> 00:43:22.980Speaker 4 (Community Hall): Not seeing any hands raised.
321
00:43:23.120 --> 00:43:26.750
Speaker 4 (Community Hall): Madam City Clerk, do we have any members of the public who'd like to speak
on this item?
32200:43:26.755 --> 00:43:30.915Speaker 5 (Community Hall): Mayor, I have one request to speak from Community Hall, Kathy Helgerson. Okay.
323
00:43:32.965 --> 00:43:34.215
Speaker 5 (Community Hall): Welcome, Kathy.
32400:43:39.450 --> 00:43:42.929Speaker 10 (Community Hall): Hello, I would like to ask a question of these people.
325
00:43:42.930 --> 00:43:43.500
Speaker 13 (Community Hall): Yeah.
32600:43:43.680 --> 00:43:46.600Speaker 10 (Community Hall): I have a storm drain on my cul-de-sac.
327
00:43:46.710 --> 00:43:49.669
Speaker 10 (Community Hall): And I've been cleaning it for 40 years.
32800:43:49.840 --> 00:43:51.799Speaker 10 (Community Hall): And nobody helps me.
32900:43:52.240 --> 00:44:05.360
Speaker 10 (Community Hall): Now you want to increase your rates. For what? You're not cleaning the storm
drain. The leaves, I've stopped them from going in by putting a netting over the area and cleaning it all the
time.
33000:44:05.750 --> 00:44:11.029Speaker 10 (Community Hall): I've painted the storm drain. It was rusty and ugly. It's now white and black.
33100:44:11.860 --> 00:44:16.749Speaker 10 (Community Hall): I make sure that the water goes down, and the city, or no one comes out to clean it.
332
00:44:17.270 --> 00:44:25.480
Speaker 10 (Community Hall): If I didn't do this, I can imagine how many leaves would be down there, and it would back up. Now, years ago, probably maybe 30 years ago.
33300:44:25.590 --> 00:44:41.439Speaker 10 (Community Hall): It backed up right up to my home. And so I learned my lesson, and I don't wait for the city to come out and clean it. But when somebody's over here asking for a 3% increase for
nothing, I'd like to know what's going on here. They're rusty, they're ugly.
33400:44:42.040 --> 00:44:44.720Speaker 10 (Community Hall): They're not protected, they're not clean.
33500:44:45.100 --> 00:44:50.190Speaker 10 (Community Hall): I've wanted to come and talk to you many times, but I didn't think you would
help me.
33600:44:50.540 --> 00:44:53.409Speaker 10 (Community Hall): You've never helped me, in that sense.
33700:44:53.540 --> 00:44:55.860Speaker 10 (Community Hall): And many times, you won't even talk to me.
338
00:44:56.200 --> 00:45:00.119Speaker 10 (Community Hall): So, most of the people in Cupertino have given up on you guys.
33900:45:00.230 --> 00:45:04.920Speaker 10 (Community Hall): I hope the new election can bring some decent people into the city, because I'm tired of it.
340
00:45:05.120 --> 00:45:12.289Speaker 10 (Community Hall): And so is everybody else. I'm 77 years old, I'm a senior, and I should be treated better. And I'm not.
34100:45:12.420 --> 00:45:19.840Speaker 10 (Community Hall): Okay, and I'm not gonna mention names up there, okay? You guys need to
talk to me more, you need to help me more.
34200:45:20.200 --> 00:45:31.660Speaker 10 (Community Hall): And the other… and right around the corner, you should see this house they're building. It's got 3 different sections. It's huge. It's right up against the other house. It's disgusting,
343
00:45:31.690 --> 00:45:50.940
Speaker 10 (Community Hall): with somebody. Now, John's not here, and that really upsets me. He should be here. He should be here. This is wrong. I don't know why he's not here, but he should be here. And he knows I've been trying to get ahold of him, so he knows what's going on. You guys need to consider helping the public here. We elected you, there's a new election coming up.
344
00:45:51.030 --> 00:45:58.490
Speaker 10 (Community Hall): Okay? Those people coming in, we want to see them, we want to meet with
them, and not for just a half an hour, kitty.
34500:45:58.610 --> 00:46:11.309Speaker 10 (Community Hall): I need to meet with you more than a half an hour. And that was about Lehigh, and I won't even bring that up right now, because you already know and are doing nothing about Lehigh, okay, and the EIR. Pardon me. Okay, I expect you to…
346
00:46:11.315 --> 00:46:13.945
Speaker 4 (Community Hall): To the agenda item, thank you.
34700:46:14.170 --> 00:46:20.729Speaker 10 (Community Hall): I expect you to do something about it. I've got 24 seconds left. 3 minutes to talk about these things?
348
00:46:20.900 --> 00:46:23.670
Speaker 10 (Community Hall): Open forums! This is horrible!
34900:46:24.300 --> 00:46:25.090Speaker 10 (Community Hall): Horrible!
350
00:46:25.520 --> 00:46:26.380
Speaker 10 (Community Hall): Okay?
35100:46:26.550 --> 00:46:32.419Speaker 10 (Community Hall): I'm really sorry for you folks. If you don't understand what I'm trying to say, I speak English, okay? Sorry.
352
00:46:33.250 --> 00:46:39.449
Speaker 5 (Community Hall): Thank you, Kathy, and we have one member of the public requesting to speak
virtually, San Rao. Welcome, San.
35300:46:43.010 --> 00:46:53.210San Rao: Good evening, Mayor Moore and Councilmembers, speaking on behalf of myself only as a resident. I agree with the prior speaker and Cupertino long-time resident, Kathy.
354
00:46:53.330 --> 00:46:57.040
San Rao: I clean the storm drains on the west side myself.
35500:46:57.380 --> 00:47:00.080San Rao: It gives me great satisfaction to do that.
356
00:47:00.340 --> 00:47:08.160San Rao: The hillside has steep runoffs, and we have quite a bit of sediment that accumulates all around the hillside, around the storm drains.
35700:47:08.420 --> 00:47:10.869San Rao: Those trains are never cleaned.
358
00:47:11.500 --> 00:47:19.160San Rao: And the only people that clean it are any consensus residents in neighborhoods that go by and actually clear those streams.
35900:47:19.500 --> 00:47:29.940San Rao: Now, the staff report says you may increase the fee. It doesn't say you must increase the fee.
While the fee increase may seem small, this is symbolic.
36000:47:30.490 --> 00:47:37.770San Rao: and the fee increases on a CPI basis, what is the justification to apply CPI to this line item?
36100:47:38.140 --> 00:47:41.950San Rao: It's not like the staff are coming by to clean the drains.
362
00:47:42.220 --> 00:47:45.170San Rao: I haven't seen that. The drains, by far lap.
36300:47:45.330 --> 00:47:48.490San Rao: The Brains by Stevens Creek, The Brains by Foothill.
364
00:47:48.700 --> 00:48:01.840
San Rao: they stay clocked forever. The drains by, I can go on and on and on. I could give you a list of 20 drains or more that stay clocked forever, and I personally clean over 10 drains myself.
36500:48:02.240 --> 00:48:08.000San Rao: And so, I don't believe there's any justification for this fee increase, and a vote for this
366
00:48:08.250 --> 00:48:16.950
San Rao: Especially by those running for re-election, will be closely watched because they have a track record of repeatedly voting for fee increases on restaurants.
367
San Rao: Let the residents be aware that in 2023, the two members on bias that were
36800:48:23.960 --> 00:48:37.489San Rao: responsible for floating the cost recovery policy that has since resulted in double-digit fee increases
on Cupertino restaurants are up for re-election this year. And so we just need to be aware that we have two
council members that are
36900:48:38.350 --> 00:48:49.920San Rao: responsible for the fee increases that we're seeing, and you're reminded that you may increase, you're not required to increase, and you're certainly not required to increase at the rate of CPI, so please vote no.
370
00:48:50.170 --> 00:48:53.370
San Rao: This is why we elected you. Vote no. Thank you.
37100:48:55.340 --> 00:48:59.059Speaker 5 (Community Hall): Thank you, San Mayor, no additional requests to speak on this item.
372
00:48:59.690 --> 00:49:19.519
Speaker 4 (Community Hall): Thank you. I would like, if the city manager could provide us with, some
information about the number of complaints that we've received, regarding, storm drains not being cleaned,
if there have been a number of these.
37300:49:19.520 --> 00:49:23.740Speaker 14 (Community Hall): At a later date, Mayor, or do you want me to try to get information?
374
00:49:23.970 --> 00:49:24.690
Speaker 1 (Community Hall): Maybe, maybe…
37500:49:24.690 --> 00:49:40.749Speaker 4 (Community Hall): At a later date. Yeah, so I know, I think it's probably a region dependent within the city, and if individuals are using 311 and not having responsive improvements, then we need to know about that.
376
00:49:40.970 --> 00:49:43.399
Speaker 4 (Community Hall): But,
37700:49:43.780 --> 00:50:07.999Speaker 4 (Community Hall): With regards to… I just have a quick question about the, the storm drain repair that was on Stevens Creek Boulevard a couple of years ago. So we had the very large, it was about a 5- or 6
foot diameter corrugated, metal storm drain, which was very old, and it had rusted and it failed. Is that
something that this, either of these storm drain fees would.
37800:50:08.070 --> 00:50:15.509Speaker 4 (Community Hall): Have assisted with, the detection of the problem, or the repair of it?
37900:50:16.700 --> 00:50:28.640Speaker 15 (Community Hall): It's… repair would certainly be in the purview of what the fee could cover. I'm not recalling this moment how it was budgeted exactly in that moment, as an emergency repair.
380
00:50:29.100 --> 00:50:37.869
Speaker 15 (Community Hall): Okay. We did conduct the outfall repair assessment, you know, partially to try and get ahead of a similar type of event.
38100:50:37.870 --> 00:50:57.050Speaker 4 (Community Hall): Right, the inspections, and yeah, I know there was a lot of rain that… that year, and then… and then it happened in kind of a drier spell, I believe. So I think that, personally, the
infrastructure repair is really, important for the city, and I believe I heard that the,
38200:50:57.100 --> 00:51:01.269Speaker 4 (Community Hall): The inspections is part of what this is going to be covering.
38300:51:02.580 --> 00:51:04.229Speaker 4 (Community Hall): Correct. Okay.
384
00:51:05.050 --> 00:51:05.840Speaker 4 (Community Hall): Okay.
38500:51:06.710 --> 00:51:13.500Speaker 4 (Community Hall): Seeing a hand raised from Councilmember Chao, followed by Councilmember Mohan. I mean, Vice Mayor Chao, sorry. Hi.
386
00:51:14.530 --> 00:51:33.950Speaker 13 (Community Hall): Thank you. So, you mentioned that there are 3 funds related to storm drain. So, Fund 230 is the one from this fee that we are approving today? Correct. That's mainly for stormwater pollution prevention program.
38700:51:34.370 --> 00:51:42.010
Speaker 13 (Community Hall): And then from 215 is, from developer impact fee. I'm assuming that's for…
38800:51:42.160 --> 00:51:46.010Speaker 13 (Community Hall): Expanding capacity of our storm drain.
38900:51:46.270 --> 00:51:47.880Speaker 13 (Community Hall): for a project.
390
00:51:48.660 --> 00:51:54.219Speaker 15 (Community Hall): Yeah, it's my understanding it relates to interconnection from new development, but Chad would be able to speak.
00:51:54.225 --> 00:52:12.115Speaker 13 (Community Hall): Maybe I'll finish. The Fund 210 is, according to your slide, is construction and maintenance of storm drain facility through CIP project, for example, on regular maintenance, and then the big, part…
392
00:52:12.205 --> 00:52:20.825
Speaker 13 (Community Hall): emergencies project we had, I guess, that might be mostly covered from this fund 210. So I…
39300:52:21.155 --> 00:52:26.195Speaker 13 (Community Hall): if I can get more clarity on exactly
394
00:52:26.765 --> 00:52:35.565
Speaker 13 (Community Hall): what kind of activities are being covered by Fund 210 related to the fee would be helpful also. Thank you.
39500:52:35.705 --> 00:52:36.265Speaker 13 (Community Hall): Yeah.
396
00:52:36.265 --> 00:52:44.395
Speaker 15 (Community Hall): Something we could follow up on. I would have to talk to finance. Not sure how much it's even in use, but we'd just like to raise the distinction.
39700:52:45.980 --> 00:52:54.329Speaker 13 (Community Hall): So, does Chad have some comment about from 215 and 210? Is that what I described about…
398
00:52:55.690 --> 00:53:02.369Speaker 11 (Community Hall): Correct. I might have some information on that. I believe, Fund 215 is, developer,
39900:53:02.960 --> 00:53:13.169Speaker 16 (Community Hall): Fees, there's redevelopment, for any property. We true up the fees, and those
are used horizontal of our storm brain system.
40000:53:14.660 --> 00:53:16.770Speaker 16 (Community Hall): And then 210, you want to pull that slide up a little bit?
40100:53:19.580 --> 00:53:24.030Speaker 16 (Community Hall): We can bring additional information on these accounts to you through a
memo.
40200:53:27.260 --> 00:53:31.920Speaker 13 (Community Hall): Okay, that's fine. So, fonda…
00:53:33.430 --> 00:53:39.889Speaker 13 (Community Hall): it's a fund to attend, this fee. I think there were comments about the.
404
00:53:40.020 --> 00:53:51.100
Speaker 13 (Community Hall): They are wondering whether the city needs to increase the fee, so I think the
question would be, what kind of activities are currently covered by this fee?
40500:53:51.190 --> 00:54:03.730Speaker 13 (Community Hall): and whether that activities actually have a cost increase, salary or material, right? So, if we can get more understanding, what
406
00:54:03.980 --> 00:54:06.230
Speaker 13 (Community Hall): These fees are being used for.
40700:54:06.960 --> 00:54:09.360Speaker 15 (Community Hall): Or the activities covered under 230.
408
00:54:10.520 --> 00:54:12.579
Speaker 13 (Community Hall): per… per the…
40900:54:12.585 --> 00:54:16.024Speaker 15 (Community Hall): And the engineer's report and the staff report, you know, we do have
41000:54:17.900 --> 00:54:21.289
Speaker 15 (Community Hall): Of full, we have labor costs that…
411
00:54:23.710 --> 00:54:29.360Speaker 15 (Community Hall): overall, the program runs at a deficit. It doesn't… it's not full-cost recovery, so…
41200:54:30.040 --> 00:54:34.249
Speaker 15 (Community Hall): That's where we're at right now, and why I would recommend the increase.
413
00:54:34.685 --> 00:54:38.395Speaker 13 (Community Hall): So, the program runs at the deficit right now.
41400:54:38.655 --> 00:54:47.274Speaker 13 (Community Hall): Even with the increase. Correct. Because we, so you do cover inspection,
cleaning.
415
00:54:47.735 --> 00:55:01.095Speaker 13 (Community Hall): And then it's all over the city, so you cannot possibly clean every gin. But likely… I mean, how is it determined which area of the drain will be cleaned or not?
00:55:03.140 --> 00:55:07.199Speaker 15 (Community Hall): I mean, my understanding is we get to all the drains, but if there are certain… But it seems some people…
417
00:55:07.205 --> 00:55:12.805
Speaker 13 (Community Hall): still, their own area were not covered, so how can they then…
41800:55:12.955 --> 00:55:17.075Speaker 13 (Community Hall): I'll reach out to the city to get more attention to their area.
419
00:55:17.080 --> 00:55:26.789
Speaker 16 (Community Hall): And I can provide some clarity there. The city does clean every… every drain
at least once annually. Some drains actually receive multiple cleanings.
42000:55:26.850 --> 00:55:45.499Speaker 16 (Community Hall): I think part of the concern is during heavy leaf fall, some of the leaves will block the top of the catch basin. We try and address as much of that as possible through street sweeping, but we do request that, residents either help with cleaning the leaves off of plug
421
00:55:45.740 --> 00:55:52.410
Speaker 16 (Community Hall): Or to post their observations through 311 so that city staff can get out there and do it themselves.
42200:55:53.550 --> 00:55:56.219Speaker 4 (Community Hall): Great, thank you so much for the information.
423
00:55:56.950 --> 00:55:59.209
Speaker 4 (Community Hall): Remember to stop doing that. Oh.
42400:56:01.630 --> 00:56:03.330Speaker 4 (Community Hall): Councilmember Mohan?
425
00:56:04.120 --> 00:56:06.819
Speaker 4 (Community Hall): Thank you for the report.
42600:56:07.160 --> 00:56:09.490Speaker 4 (Community Hall): Am I on? Yes.
427
00:56:09.850 --> 00:56:14.269
Speaker 4 (Community Hall): I think many of my questions were answered.
42800:56:15.320 --> 00:56:27.959Speaker 17 (Community Hall): But I just wanted you to remind me, during budget cuts, did we have a change in schedule for… or a reduction in the schedule for, street sweeping?
42900:56:29.520 --> 00:56:31.150Speaker 17 (Community Hall): Did we have it, or…
430
00:56:32.000 --> 00:56:35.530
Speaker 15 (Community Hall): Go ahead. Street sweeping maintained its schedule.
43100:56:36.850 --> 00:56:45.250Speaker 17 (Community Hall): we didn't make a change. There were some complaints about leaves accumulating on sidewalks and so on.
432
00:56:45.540 --> 00:56:50.609
Speaker 17 (Community Hall): And I don't know if we actually cut back on the…
43300:56:51.350 --> 00:56:54.770Speaker 17 (Community Hall): On the removal of those leaves, or we did not?
434
00:56:54.775 --> 00:56:59.275
Speaker 15 (Community Hall): I didn't adjust the sweeping schedule at all, or frequency. Okay.
43500:56:59.275 --> 00:57:08.164Speaker 16 (Community Hall): there were some concerns when we shifted over to a new contractor, and so there were some hiccups with that initial shift, but I think we've got those worked out.
436
00:57:09.360 --> 00:57:16.920
Speaker 17 (Community Hall): My other question is, do you have a maintenance plan for these storm drains,
or is it complaint-driven?
43700:57:18.530 --> 00:57:22.240Speaker 15 (Community Hall): They're all on a regular cadence of attention every year.
438
00:57:23.600 --> 00:57:28.809
Speaker 17 (Community Hall): Okay, I think you mentioned it. Every storm drain is, checked
43900:57:29.020 --> 00:57:31.740Speaker 17 (Community Hall): Once a year, at least? Correct.
44000:57:32.890 --> 00:57:34.030
Speaker 17 (Community Hall): Okay, thank you.
441
00:57:35.520 --> 00:57:54.489Speaker 4 (Community Hall): So, I just want to give a shout out for Manny. He's our longest-serving city employee, and I had… I called in anonymously a complaint about concrete slurry getting into the storm drain, and he did a phenomenal job getting it cleaned up. I was really
44200:57:54.490 --> 00:57:57.640Speaker 4 (Community Hall): quite impressed, and they used, I don't know what the name of this…
443
00:57:57.740 --> 00:58:10.469
Speaker 4 (Community Hall): equipment is. They use that to basically scour out the storm drain to get it
cleaned. So, I was really very impressed with the city staff work on that.
44400:58:10.590 --> 00:58:11.899Speaker 4 (Community Hall): Vice Mayor.
445
00:58:12.700 --> 00:58:28.239
Speaker 13 (Community Hall): You mentioned that the program currently operates at a deficit. Just want to
get some idea how much of a deficit it's… so it's gen… so it's… the general fund is covering the difference, right?
44600:58:28.535 --> 00:58:39.734Speaker 15 (Community Hall): For the past few years, we've had a little bit of fund balance in 230 that's covered the deficit. We are projecting to exhaust that in 26-27.
447
00:58:39.935 --> 00:58:44.825Speaker 15 (Community Hall): We bring in… About $1.5 million from the two fees.
44800:58:45.085 --> 00:58:49.064Speaker 15 (Community Hall): The program itself is closer to $2 million to run all the
449
00:58:49.185 --> 00:58:51.764
Speaker 15 (Community Hall): The labor and cleanup activities and…
45000:58:52.405 --> 00:58:54.884Speaker 15 (Community Hall): The storm drain attention and all the…
451
00:58:55.075 --> 00:58:58.514
Speaker 15 (Community Hall): Activities that are detailed in the staff report.
45200:58:58.990 --> 00:59:01.800Speaker 13 (Community Hall): So how come then we didn't increase
453
00:59:01.920 --> 00:59:04.670
Speaker 13 (Community Hall): With the CPI last year.
45400:59:04.880 --> 00:59:11.700Speaker 13 (Community Hall): So we will… I think the staff report mentioned we didn't increase.
00:59:12.780 --> 00:59:18.909Speaker 15 (Community Hall): We increased the 2019 fee by CPI, which was, I think, 2.38 or something like that last year.
456
00:59:19.250 --> 00:59:22.349
Speaker 13 (Community Hall): Oh, okay. Maybe I'm Eastread. Thank you.
45700:59:23.165 --> 00:59:27.105Speaker 4 (Community Hall): So, at this point, do we have a motion, Councilmember Wong?
458
00:59:27.275 --> 00:59:29.624
Speaker 4 (Community Hall): For purposes of deliberation.
45900:59:29.625 --> 00:59:37.804Speaker 11 (Community Hall): For purposes of deliberation, I do have a question here. Can someone define the difference between a storm gutter and a storm drain? Because I don't want to make sure I'm confused.
460
00:59:39.530 --> 00:59:45.259
Speaker 15 (Community Hall): And I would say the gutter is the part that runs adjacent to the sidewalk, and
then the drain is where
46100:59:45.410 --> 00:59:49.070Speaker 15 (Community Hall): The water running down the gutter would drop into the inlet.
462
00:59:49.370 --> 00:59:52.199
Speaker 11 (Community Hall): And this is only the drain we're talking about, not the gutters.
46300:59:53.180 --> 00:59:57.980Speaker 15 (Community Hall): Gutters are considered… A path for potential pollution.
46400:59:58.220 --> 01:00:00.459
Speaker 15 (Community Hall): Under the storm permit, so…
465
01:00:00.880 --> 01:00:06.620Speaker 11 (Community Hall): But the budget, are we cleaning the gutters, or are we cleaning the drain? Just the drains. Okay, I want to make sure. Thank you.
46601:00:06.625 --> 01:00:09.564
Speaker 15 (Community Hall): responding to a spill response, then we would
467
01:00:10.015 --> 01:00:12.135Speaker 15 (Community Hall): Have attention to the gutters as well.
468
Speaker 4 (Community Hall): Okay And which is what happened in the scenario that I was describing.
46901:00:19.930 --> 01:00:29.309Speaker 16 (Community Hall): briefly that this fund does partially pay for street sweeping, which, that's the,
the way we clean the gutters, is through street sweeping.
47001:00:29.710 --> 01:00:33.759Speaker 4 (Community Hall): Okay, so do we have a motion, for this item?
47101:00:33.980 --> 01:00:35.289Speaker 4 (Community Hall): Happy to…
472
01:00:35.295 --> 01:00:39.295Speaker 13 (Community Hall): Next motion for staff recommendation. And do we have a second?
47301:00:41.430 --> 01:00:51.309Speaker 4 (Community Hall): Second. Okay. Okay, so we have a motion and a second. I'm not seeing any further requests to speak. Madam City Clerk, will you please set the voting panel?
474
01:00:52.760 --> 01:00:54.030Speaker 4 (Community Hall): And we can vote!
47501:01:02.220 --> 01:01:03.650Speaker 4 (Community Hall): Okay, has everyone voted?
476
01:01:06.320 --> 01:01:08.149
Speaker 5 (Community Hall): The motion carries with Wong voting no.
47701:01:08.990 --> 01:01:13.010Speaker 4 (Community Hall): Okay, our next public hearing is the… thank you very much.
478
01:01:13.030 --> 01:01:36.450
Speaker 4 (Community Hall): For the presentation and all. Our next public hearing is the Banley Drive
residential project. I met with the developer last week, visited the site, and I did speak to, Rod Deirdon Jr. of Apple, earlier today. Are there any other ex parte communications which need disclosing? Please, press your request to speak button, okay? Begin with Council…
47901:01:36.450 --> 01:01:41.159Speaker 4 (Community Hall): Member Mohan, followed by Councilmember Fruen, Councilmember Wong, and
Vice Mayor Chao.
48001:01:42.190 --> 01:01:49.829Speaker 17 (Community Hall): Mayor, I've spoken to the applicants as well a couple of times. I've also spoken to, Rod Duridon Jr.
48101:01:50.540 --> 01:01:52.489Speaker 4 (Community Hall): Thank you. Councilmember Fruon?
482
01:01:53.090 --> 01:01:57.280
Speaker 4 (Community Hall): Likewise, I've spoken with the applicant a couple of times, and also with Rod
Deridan Jr.
48301:01:57.720 --> 01:01:59.479Speaker 4 (Community Hall): And Councilmember Wang?
484
01:01:59.760 --> 01:02:06.880
Speaker 11 (Community Hall): I've spoken to the applicant, Apple, as well as some other tenants that are in
that space. And Vice Mayor Chao.
48501:02:08.710 --> 01:02:11.280Speaker 13 (Community Hall): I spoke with the applicant.
486
01:02:11.860 --> 01:02:16.699
Speaker 4 (Community Hall): Very well. Thank you, everyone. Madam City Manager, do we have a staff
presentation?
48701:02:17.410 --> 01:02:32.520Speaker 14 (Community Hall): Thank you, Mayor. We do have a staff presentation, and the applicant also has a presentation that will follow the staff presentation. So, as a brief introduction to this item, this is a review for a 27-unit townhome project that has been recommended for approval by Planning Commission on
May 12th.
48801:02:32.550 --> 01:02:37.990Speaker 14 (Community Hall): There are minor changes to the conditions of approval, which are included in a desk item.
48901:02:37.990 --> 01:02:52.930
Speaker 14 (Community Hall): Which was issued a few minutes before the, the meeting, tonight. And with
that, I will turn it over to Community Development staff, John Marteer, Senior Planner, and Luke Connolly,
Assistant Director, Acting Director of Community Development.
49001:02:58.410 --> 01:03:00.650Speaker 14 (Community Hall): Good evening, Mayor, Vice Mayor.
491
01:03:00.655 --> 01:03:08.734
Speaker 17 (Community Hall): council members, John Marteer, Senior Planner, Community Development
Department. I've been the, project, manager on this since, came in,
49201:03:08.900 --> 01:03:10.089
493
01:03:10.380 --> 01:03:11.859
Speaker 16 (Community Hall): Project over, this.
49401:03:11.860 --> 01:03:17.769Speaker 17 (Community Hall): summer, and as… earlier in 2025. So, I'm not… what's…
495
01:03:18.180 --> 01:03:33.909
Speaker 17 (Community Hall): without repeating, what the City Manager had read in the subject line, this is,
again, to consider Project 27 restoring townhomes, including fire formal units, and an existing office, development, off of Banley Drive.
49601:03:35.620 --> 01:03:47.149Speaker 17 (Community Hall): A little bit of background, as you can see on this slide, here's an overview of
the zoning map, area with the project site, highlighted in red.
497
01:03:47.850 --> 01:03:57.949Speaker 17 (Community Hall): pretty much in the middle of the screen, you can see that it's a mix of uses. Many of the uses are… mostly uses around Banley Drive, between Lazano and Mariani Avenue.
49801:03:58.270 --> 01:04:10.630
Speaker 17 (Community Hall): our, office developments, with the exception of the Church in Christ, which is
catty corner to the project site, as well as a single home, family home development, on Mary Avenue,
49901:04:10.990 --> 01:04:17.120Speaker 17 (Community Hall): adjacent to the R110 district, and across from the R17 district, you do have,
50001:04:17.590 --> 01:04:25.710
Speaker 17 (Community Hall): Triplexes, to the southwest of the development, as well as further, office and
commercial office uses to the south.
50101:04:26.710 --> 01:04:36.910Speaker 17 (Community Hall): The site itself is 1.55 acres. On that site, you do have an existing 20,000 square foot commercial office building with multiple tenants, I believe.
502
01:04:38.480 --> 01:04:39.360
Speaker 17 (Community Hall): Currently.
50301:04:40.910 --> 01:04:42.790Speaker 17 (Community Hall): Is within the…
50401:04:43.020 --> 01:04:55.939
Speaker 17 (Community Hall): North Densa Special Area of General Plan, and within the, North Densa
Conceptual Plan Area, which is a conceptual plan that was, approved by Council in the mid-1970s.
50501:04:57.290 --> 01:05:03.740Speaker 17 (Community Hall): A little bit of background on this project. As mentioned earlier, this project came in in July of 2025 with an SP…
506
01:05:04.050 --> 01:05:05.190
Speaker 17 (Community Hall): verification.
50701:05:05.500 --> 01:05:13.270Speaker 17 (Community Hall): By November 6th, the applicant… application was submitted, And…
508
01:05:13.880 --> 01:05:22.339
Speaker 17 (Community Hall): The staff analyzes, as this is a planned development zone, the development
standards must adhere to multifamily R3 zoning regulations.
50901:05:24.150 --> 01:05:34.759Speaker 17 (Community Hall): Here is a site plan of the, of the development of the 27 townhomes. This is with the Banley Drive, at the bottom, and
510
01:05:34.910 --> 01:05:41.549
Speaker 17 (Community Hall): on the north, east, and south, commercial office, uses, particularly Apple Tenancy.
51101:05:44.910 --> 01:05:53.960Speaker 17 (Community Hall): Of the 27 units, 5 are BMR, 3 median income, and 2 moderate income, with the .4 units to be paid in lieu.
512
01:05:56.370 --> 01:06:04.100Speaker 17 (Community Hall): The resulting density is around 17.41 dwellings an acre, with 25 dwellings an acre are allowed.
51301:06:06.360 --> 01:06:17.559Speaker 17 (Community Hall): This, project sits at four three-story buildings, ranging from 2,120 square feet
to 2,822 square feet. That's inclusive of garage space.
51401:06:18.080 --> 01:06:20.979Speaker 17 (Community Hall): And this qualifies as a density project.
51501:06:21.610 --> 01:06:30.099Speaker 17 (Community Hall): The applicant is asking for 4 waivers. Again, the first one is for a front
setback, where 20 feet is required, they're asking for 8 for the property line.
51601:06:30.570 --> 01:06:43.830Speaker 17 (Community Hall): Rear setback, where 34 feet is required, they are proposing 12 and a half feet. Again, the standard, in R3 is, either 20 feet or 20% of the length of the parcel, whichever is greater.
51701:06:45.490 --> 01:06:54.409Speaker 17 (Community Hall): landscape planner strip. This is not a major waiver, but the parking ordinance does, require that, on the sides of,
518
01:06:54.880 --> 01:07:06.250
Speaker 17 (Community Hall): parking spaces, outdoor parking spaces. You do have a two-foot, landscape strip, which they are foregoing in favor of, pathways around the five, visitor parking spaces.
51901:07:07.600 --> 01:07:20.029Speaker 17 (Community Hall): And within the North Stianza conceptual plan, along auxiliary streets like Banley Drive, you are required to have an average of 25-foot landscape setback, as well as 25
520
01:07:20.120 --> 01:07:31.080Speaker 17 (Community Hall): Times the square foot area… area of the width to be, landscaped. Again, consistent with the front setback requirement, they are only proposing 8 foot.
52101:07:31.990 --> 01:07:33.940Speaker 17 (Community Hall): Set back. Landscape setback.
522
01:07:34.240 --> 01:07:47.010Speaker 17 (Community Hall): The concession is that this is 100% residential development, where the general plan policy in this area will require a primary use to be of office R&D with very limited commercial residential uses.
52301:07:48.670 --> 01:07:50.559
Community Hall: Here's design that is…
52401:07:51.230 --> 01:07:53.360Speaker 17 (Community Hall): Very contemporary in nature.
52501:07:53.880 --> 01:08:06.199Speaker 17 (Community Hall): you know, lots of grays, muted colors. I will let the applicant in during their
presentation describe the architecture as well as landscape design, if questions should be asked of that,
during their presentation.
52601:08:07.430 --> 01:08:13.480Speaker 17 (Community Hall): On May 12th, the Planning Commission, approved the, recommended approval for the Project 4-1.
527
01:08:14.570 --> 01:08:23.150
Speaker 17 (Community Hall): there was a slight modification to an existing condition of approval within the
draft ASA ordinance, which would,
52801:08:23.970 --> 01:08:29.830
529
01:08:30.109 --> 01:08:44.840
Speaker 17 (Community Hall): the residents or future residents of any non-residential uses, the properties, that the knowledge that makes use, the, nature of the developments, particularly uses, by the, neighboring south into the north,
53001:08:45.100 --> 01:08:48.500
Speaker 17 (Community Hall): tendencies of the office R&D developments.
531
01:08:49.790 --> 01:08:54.210Speaker 17 (Community Hall): Again, this, the… the applicant, requests an AB130.
53201:08:54.529 --> 01:09:08.479Speaker 17 (Community Hall): CEQA statutory exemption for this project. Our consultant, Placeworks,
reviewed this project for consistency with this statutory exemption, and found this to… that this project
meets the criteria for the statutory exemption.
53301:09:09.310 --> 01:09:15.359Speaker 17 (Community Hall): As well as this project complying all the conditions, and further be conditioned by our Chapter 17.
534
01:09:15.590 --> 01:09:16.939
Speaker 17 (Community Hall): of the Municipal Code.
53501:09:17.080 --> 01:09:20.300Speaker 17 (Community Hall): The recommendation from staff is that the Council approved
53601:09:20.420 --> 01:09:31.260
Speaker 17 (Community Hall): proposed draft letter solutions, as recommended by the Planning Commission,
to find the, project, statutory and exempt from CEQA, as well as the draft resolutions.
53701:09:32.140 --> 01:09:43.639Speaker 17 (Community Hall): The next step is that the Council's decision is final, unless reconsidered, within 10 days of the decision, notice of the decision, rather, and if the project is approved, the applicant may apply for billing permits at that time.
538
01:09:45.080 --> 01:09:46.699
Speaker 17 (Community Hall): And that concludes my presentation.
53901:09:47.819 --> 01:09:55.819Speaker 4 (Community Hall): Okay, thank you, John, for the presentation, and just as a friendly reminder, we're following the flowchart for the hearing item.
540
01:09:55.859 --> 01:10:17.529
Speaker 4 (Community Hall): where the staff reports and makes a recommendation, and then the council
members ask clarifying questions, then that's followed by the applicant, making a presentation for up to 8 minutes, and then council members will ask questions of staff or the applicant at that time. So, right now, we're opening up for Council
541
01:10:17.529 --> 01:10:21.139
Speaker 4 (Community Hall): Clarifying questions of the staff report.
54201:10:25.600 --> 01:10:26.469Community Hall: Vice Mayor?
543
01:10:27.500 --> 01:10:31.959
Speaker 13 (Community Hall): Hello, yeah, thank you for the presentation. So…
54401:10:32.360 --> 01:10:42.060Speaker 13 (Community Hall): on… is the Planning Commission recommendation included in the staff recommendation? That's correct.
545
01:10:42.065 --> 01:10:44.735
Speaker 17 (Community Hall): deviated from, the Planning Commission recommendations.
54601:10:45.430 --> 01:10:50.259Speaker 13 (Community Hall): So that's included, right? There will be a requirement for disclosure.
54701:10:50.265 --> 01:10:54.455
Speaker 17 (Community Hall): That's, that's correct. It's condition number 17 in the draft ASA resolution.
548
01:10:54.835 --> 01:11:04.445Speaker 13 (Community Hall): Okay, great. And, do we have a different noise standard for residential versus office area?
54901:11:07.090 --> 01:11:19.629
Speaker 17 (Community Hall): We do, in terms of daytime and, nighttime, standards, internal… in terms of
internal, DBLs allowed, you know, decimal levels within,
55001:11:20.450 --> 01:11:22.809Speaker 17 (Community Hall): A residential unit is limited to 45.
55101:11:23.290 --> 01:11:42.490
Speaker 17 (Community Hall): So, that's one thing our building code, as well as the municipal code, requires
that, you know, prior to final occupancy, that the applicant provide proof, through an acoustical engineer
that the way that the units are built out, that the noise limits are limited to 45 decibels within that unit.
55201:11:42.875 --> 01:11:45.465Speaker 13 (Community Hall): For interior, how about exterior?
55301:11:45.935 --> 01:11:47.405Speaker 17 (Community Hall): It's 55.
554
01:11:47.675 --> 01:11:50.605
Speaker 17 (Community Hall): At night, 65 during the day.
55501:11:51.390 --> 01:12:03.860Speaker 13 (Community Hall): But, I mean, since this residential area would be right, adjacent to other office use, so does the external office area have a higher noise,
556
01:12:04.740 --> 01:12:08.410
Speaker 13 (Community Hall): Allow us than the residential property.
55701:12:09.540 --> 01:12:14.180Speaker 17 (Community Hall): I… I believe it's… If it is different, it would be…
558
01:12:14.630 --> 01:12:21.620
Speaker 17 (Community Hall): not much different. I can tell you just for this project itself, it's, you know, it's
55 at nighttime, 65 during the day.
55901:12:22.350 --> 01:12:25.140Speaker 17 (Community Hall): Yes, that's what you're doing today, right.
560
01:12:25.390 --> 01:12:29.969
Speaker 13 (Community Hall): Okay, yeah. And, I think you didn't mention parking.
56101:12:30.520 --> 01:12:35.279Speaker 13 (Community Hall): The number of parking space. Sure. Did I miss that?
56201:12:36.500 --> 01:12:47.489
Speaker 13 (Community Hall): Was that in the presentation? I don't remember. I think they provide plenty of
parking, so I'd like, yeah, that's something people really care.
56301:12:47.495 --> 01:13:01.034Speaker 17 (Community Hall): Yes, and more than happy to provide that information. The municipal code only requires one parking space per townhome. They are providing two per townhome, plus five extra for, for guests. Okay, great.
564
01:13:01.580 --> 01:13:10.439
Speaker 13 (Community Hall): And then the unit size, I think it's in the staff report, but I think it will be nice
for people to know if you have that information.
56501:13:12.970 --> 01:13:19.370
feet, inclusive of garage space.
56601:13:19.490 --> 01:13:20.340Speaker 17 (Community Hall): Hmm.
567
01:13:20.510 --> 01:13:21.750Speaker 17 (Community Hall): Okay, great.
56801:13:22.600 --> 01:13:23.390Speaker 13 (Community Hall): Thank you.
569
01:13:24.530 --> 01:13:25.200
Speaker 12 (Community Hall): Mayor?
57001:13:25.530 --> 01:13:35.529Speaker 12 (Community Hall): Yes, so on this item, we did have a desk item, and it came in quite late, and I have a sense it might make sense to present this now.
571
01:13:35.890 --> 01:13:41.510
Speaker 4 (Community Hall): Please do, and I was wondering if someone could share… share the screen on it, I think that might also help.
57201:13:41.770 --> 01:13:46.380Speaker 4 (Community Hall): But do you plan on reading it out? I…
573
01:13:47.620 --> 01:13:49.360
Speaker 12 (Community Hall): Oh, thank you.
57401:13:50.070 --> 01:13:51.090Speaker 12 (Community Hall): Just looking.
575
01:13:54.620 --> 01:14:01.700
Speaker 12 (Community Hall): Maybe we should start with number 17, because that was the condition of
approval that staff just referenced.
57601:14:06.070 --> 01:14:07.410Speaker 4 (Community Hall): Last page.
577
01:14:12.950 --> 01:14:22.490
Speaker 12 (Community Hall): So the recommendation is to add the underlined language to, what originally
was in the last bullet point of item 17.
57801:14:22.840 --> 01:14:36.409
purchasers the nature of the neighborhood, and it's adding the language. Maybe I'll just read it quickly.
57901:14:36.730 --> 01:14:54.869Speaker 12 (Community Hall): The existing area's non-residential character and commercial and industrial
uses, including but not limited to, approved trash-slash-loading areas, permitted uses, delivery schedules,
hours of activity that may be outside of standard business hours, and associated noise levels.
58001:14:56.620 --> 01:15:11.200Speaker 4 (Community Hall): Madam City Attorney, so this is more in keeping with the, letter of request that we got from the neighboring property owner, which in this case was Apple. Exactly. Okay, I have a question, should…
581
01:15:11.770 --> 01:15:24.160
Speaker 4 (Community Hall): would it… would it be permissible or prudent, I should say, to add the storage
of hazardous materials for the permitted uses?
58201:15:24.390 --> 01:15:28.119Speaker 4 (Community Hall): Or do you have an opinion about that? You know, my.
583
01:15:28.125 --> 01:15:34.064
Speaker 12 (Community Hall): Senses that the, that the,
58401:15:34.185 --> 01:15:40.194Speaker 12 (Community Hall): work done by, I believe it was pla… whoever was reviewing the environmental, situ…
585
01:15:40.465 --> 01:15:43.854
Speaker 12 (Community Hall): existent issues at the site.
58601:15:44.095 --> 01:15:56.964Speaker 12 (Community Hall): covered that clearly, and that, it doesn't seem that it's an unusual circumstance such that one would need to put that here, but it's, certainly an available option if Council wants to go in that direction. Okay.
587
01:15:56.965 --> 01:16:03.325
Speaker 4 (Community Hall): Thank you. And then you'll go over the change, the modification to number 11. Yes, this is.
58801:16:03.325 --> 01:16:06.475Speaker 12 (Community Hall): a, regarding,
589
01:16:06.505 --> 01:16:25.855
Speaker 12 (Community Hall): potential noise impacts, because it is a residential building going into more of a commercial area, and it reads… and it's basically reiterating what's currently in our municipal code. Prior to the issuance of a building permit, the applicant shall retain a qualified professional acoustical engineer
59001:16:25.855 --> 01:16:35.824Speaker 12 (Community Hall): To conduct an acoustic analysis of the project plans, the acoustical engineer must certify in writing to the Director of Community Development that the proposed building
591
01:16:35.825 --> 01:16:48.804
Speaker 12 (Community Hall): Envelope design, including walls, doors, and windows, will achieve interior noise levels that do not exceed 45 decibels, community noise equivalent level, within all habitable residential rooms.
59201:16:48.805 --> 01:16:56.044Speaker 12 (Community Hall): The requirement and subsequent certification are mandated to ensure full
compliance with the City's noise standards pursuant to
59301:16:56.175 --> 01:16:59.974Speaker 12 (Community Hall): Cupertino Municipal Code Chapter 10.48.
59401:17:00.325 --> 01:17:07.204Speaker 12 (Community Hall): And then, in the following paragraph, there was a description in the,
conditions that
59501:17:07.585 --> 01:17:14.115Speaker 12 (Community Hall): The, sound attenuating fence could be modified, if
59601:17:14.275 --> 01:17:23.105Speaker 12 (Community Hall): or when, the neighboring property to the south is also developed as
residential. That seems,
59701:17:23.295 --> 01:17:41.215Speaker 12 (Community Hall): It seems that it's, you know, not necessarily useful to be added. If that were something the two property owners wanted to do in the future, they could decide to do so, and it didn't really make sense to leave it here. And so we've suggested, or at least this modification has suggested that that sentence be removed.
598
01:17:43.700 --> 01:17:50.610
Speaker 4 (Community Hall): Okay, thank you. And I see a hand raised from Councilmember Wang.
59901:17:51.790 --> 01:18:05.160Speaker 11 (Community Hall): Yeah, through the Mayor. My suggestion in general is, as we start putting residential units into mixed areas, that we preserve the existing zones that are there. A great example from a policy perspective is what we do with airports. In airports, we have a
600
01:18:05.230 --> 01:18:24.430
Speaker 11 (Community Hall): airport and vicinity disclosure, we could say you're in an industrial zone disclosure. You could have a… airports have an aviation easement, so it doesn't allow people to sue later on because that area was an airport. Same thing with this industrial area, and also a noise attenuation and
601
01:18:24.430 --> 01:18:43.409
Speaker 11 (Community Hall): in similar fashions that would show up in the CCNRs. I also have a question for the city staff, that's related to that. Actually, not related to that, is we've got this medium strip in Banley that looks like a PITA when people are going to come in and out, given the number of residential folks that are there. Are we going to remove that strip?
602
01:18:43.590 --> 01:18:47.630
Speaker 11 (Community Hall): Like, it's filled in with, like, rocks and concrete and…
60301:18:47.900 --> 01:18:52.590Speaker 11 (Community Hall): maybe some trees in there, but… but most of Banley isn't like that, and so…
60401:18:53.000 --> 01:18:57.170
Speaker 11 (Community Hall): Is there a way to widen that road so that, residents can be able to get in and
out of that?
60501:18:59.300 --> 01:19:00.990Speaker 17 (Community Hall): You're, referring to the road itself.
60601:19:00.995 --> 01:19:08.365
Speaker 11 (Community Hall): I'm talking about Banley, yeah. Banley has that weird strip in the middle, like,
I don't know why it's there, it doesn't exist any other part of Banley.
60701:19:08.765 --> 01:19:09.355Speaker 11 (Community Hall): That… that…
60801:19:09.360 --> 01:19:11.570
Speaker 17 (Community Hall): It's beyond discover what we've been…
609
01:19:11.890 --> 01:19:13.739Speaker 17 (Community Hall): projects. I mean, that's a great public…
61001:19:14.460 --> 01:19:16.630Speaker 17 (Community Hall): Question that we could pass along to…
611
01:19:16.860 --> 01:19:19.749
Speaker 17 (Community Hall): Public Works staff to see if there's… what the future plans are.
61201:19:20.130 --> 01:19:28.480Speaker 11 (Community Hall): Okay, because I'm worried about the traffic flow there, as the number of residents are coming in and out. It's already crazy with the daycare there, but I can only, you know, imagine
it's a little different, so…
613
01:19:28.680 --> 01:19:29.459Speaker 11 (Community Hall): Thank you.
614
01:19:31.090 --> 01:19:43.320
Speaker 4 (Community Hall): So we've completed our clarifying questions, and next the applicant may
present for up to 8 minutes, and then after that, council members may ask questions to the staff or the
applicant, so you'll get another opportunity there.
61501:19:46.410 --> 01:19:49.059Speaker 4 (Community Hall): Alright, welcome, and we'll set the timer.
616
01:19:49.600 --> 01:19:51.199
Speaker 4 (Community Hall): 8 minutes for you?
61701:19:58.350 --> 01:20:00.740Speaker 17 (Community Hall): To the TV crew. I have the…
618
01:20:01.040 --> 01:20:03.090
Speaker 17 (Community Hall): Presentation on my screen over here.
61901:20:08.090 --> 01:20:10.480Speaker 4 (Community Hall): So let's reset it to 8.
62001:20:11.430 --> 01:20:12.440
Speaker 4 (Community Hall): And…
621
01:20:12.630 --> 01:20:19.889Speaker 4 (Community Hall): It's a presentation beginning. There we go. Good evening, Mayor and Council Members. My name is Jared Brotman, Director of Development with Summerhill Homes.
62201:20:20.405 --> 01:20:23.355
Speaker 16 (Community Hall): I'm joined tonight by Steve Bull, Vice President of Development.
623
01:20:23.360 --> 01:20:28.779Speaker 18 (Community Hall): for the project, Kevin Ibrahimi, Senior VP of Development, and members of our design team.
62401:20:28.960 --> 01:20:31.910
Speaker 18 (Community Hall): Thank you for having us tonight to speak about our project.
625
01:20:32.170 --> 01:20:36.289Speaker 18 (Community Hall): For those of you unfamiliar with Summerhill, we're a local residential builder based in San Ramon.
01:20:36.440 --> 01:20:40.650Speaker 18 (Community Hall): Since 1976, we've built over 7,000 homes across the Bay Area.
627
01:20:41.090 --> 01:20:44.200
Speaker 18 (Community Hall): We take pride in the quality of our homes and the communities that we
create.
62801:20:45.410 --> 01:20:54.849Speaker 18 (Community Hall): We're really excited to bring another thoughtfully designed community to the North De Anza area, which will bring new homes within walking distance of Stevens Creek Commercial Centers, including Target and Whole Foods.
629
01:20:55.170 --> 01:21:00.769
Speaker 18 (Community Hall): The project will also be within walking distance of Garden Gate Elementary, Collins Elementary.
63001:21:00.920 --> 01:21:04.280Speaker 18 (Community Hall): and Lawson Middle School, as well as Cupertino's Memorial Park.
631
01:21:05.510 --> 01:21:14.310
Speaker 18 (Community Hall): Before I discuss the project further, I'd like to take a moment to thank staff for their professionalism and responsiveness throughout the review process, as we've been working on this project for about a year now.
63201:21:14.520 --> 01:21:22.039Speaker 18 (Community Hall): In particular, John Martiere, who's been incredibly responsive and available to
answer questions and clarifications whenever needed.
63301:21:22.780 --> 01:21:30.919Speaker 18 (Community Hall): We'd also like to thank Luke Connolly from Planning, Jennifer Chu from Public Works, as well as Matthew McKenna and Caleb Flanagan from Santa Clara County Fire.
63401:21:32.030 --> 01:21:35.119
Speaker 18 (Community Hall): For their professionalism and thoughtful input throughout the process.
63501:21:35.560 --> 01:21:36.780Speaker 18 (Community Hall): Next slide, please.
63601:21:38.180 --> 01:21:41.479Speaker 18 (Community Hall): We're proposing to build 27 townhome-style condominiums.
637
01:21:41.640 --> 01:21:48.789Speaker 18 (Community Hall): The units range in size from 1,500 to 2300 square feet, and it'll be 3 and 4 bedrooms, designed for growing families.
01:21:49.640 --> 01:21:51.589Speaker 18 (Community Hall): Each of which will have a two-car garage.
639
01:21:52.420 --> 01:21:56.079
Speaker 18 (Community Hall): All homes will be offered for sale, with the majority of them being market
rate.
64001:21:56.240 --> 01:22:01.559Speaker 18 (Community Hall): However, 5 of the homes will be offered as below-market rate units and sold through the city's affordable housing program.
641
01:22:02.090 --> 01:22:03.310
Speaker 18 (Community Hall): Next slide, please.
64201:22:04.380 --> 01:22:09.629Speaker 18 (Community Hall): We've worked closely with city staff to develop a project that complies with Cupertino's objective development standards.
643
01:22:10.060 --> 01:22:16.480
Speaker 18 (Community Hall): In addition, we conducted outreach to the neighboring property owners to
minimize construction-related disruptions and long-term impacts.
64401:22:17.670 --> 01:22:22.400Speaker 18 (Community Hall): During our meetings with Apple, their main request was to keep the existing easements in place, which we have done.
645
01:22:22.920 --> 01:22:27.679
Speaker 18 (Community Hall): Additionally, before our Planning Commission hearing, we received an email from one of the neighboring property owners.
64601:22:27.910 --> 01:22:30.520Speaker 18 (Community Hall): The request included a few items for us to consider.
647
01:22:30.680 --> 01:22:35.429
Speaker 18 (Community Hall): The items were all reasonable, and are going to be incorporated into the plans and associated project documents.
64801:22:35.880 --> 01:22:37.540Speaker 18 (Community Hall): To address one of the comments.
649
01:22:37.650 --> 01:22:43.620
Speaker 18 (Community Hall): We have included an 8-foot-tall, sound attenuating fence in accordance with the city's fencing ordinance.
650
Speaker 18 (Community Hall): We will also be including the language into our CCNARs and disclosures, informing buyers of the surrounding non-residential uses.
651
01:22:51.230 --> 01:22:58.479
Speaker 18 (Community Hall): And as the project approaches construction, our neighbors will be welcome to
review the construction management plan, which is going to be put together by our construction team.
65201:23:00.040 --> 01:23:02.789Speaker 18 (Community Hall): This type of development is actually very common for us.
653
01:23:02.930 --> 01:23:10.810
Speaker 18 (Community Hall): Summerhill has a strong track record throughout the Bay Area of converting
underutilized commercial spaces into successful residential communities.
65401:23:11.330 --> 01:23:15.360Speaker 18 (Community Hall): These projects often serve as catalysts for the thoughtful evolution of commercial centers.
655
01:23:16.410 --> 01:23:19.329
Speaker 18 (Community Hall): Transitional areas between residential and commercial uses.
65601:23:19.600 --> 01:23:28.840Speaker 18 (Community Hall): And although the site was not designated as a housing priority site in the city's housing element, city staff has confirmed that the units to be constructed here can be counted towards the RENA numbers.
657
01:23:29.360 --> 01:23:30.500
Speaker 18 (Community Hall): Next slide, please.
65801:23:34.520 --> 01:23:41.540Speaker 18 (Community Hall): We hosted a neighborhood meeting in April of 2025, submitted our SB330 preliminary application in July of 2025,
659
01:23:41.660 --> 01:23:47.260
Speaker 18 (Community Hall): and submitted our formal application in November 2025, with a request for an AB130 SEPA exemption.
66001:23:48.260 --> 01:23:56.790Speaker 18 (Community Hall): After the application was deemed complete in January 26, we worked closely with city staff and the fire department through several rounds of detailed review of the plans and technical
reports.
66101:23:57.230 --> 01:24:01.909Speaker 18 (Community Hall): On May 12th, we brought the project to the Planning Commission, where we received recommendations for approval.
66201:24:02.600 --> 01:24:03.870Speaker 18 (Community Hall): Next slide, please.
663
01:24:05.740 --> 01:24:09.489
Speaker 18 (Community Hall): The architectural design adopts a contemporary style that fits well with the
surrounding neighborhood.
66401:24:10.100 --> 01:24:14.660Speaker 18 (Community Hall): Simple shapes like flattened hip roofs, add visual interest, while keeping an overall balanced look.
665
01:24:15.110 --> 01:24:20.369
Speaker 18 (Community Hall): The mix of materials, including stucco, siding, and metal details, create variety and a polished appearance.
66601:24:21.190 --> 01:24:28.050Speaker 18 (Community Hall): Subtle changes in building form and detailing help reduce the building's perceived massing to one that is appropriate for a residential development in an urban setting.
667
01:24:29.480 --> 01:24:36.270Speaker 18 (Community Hall): To maintain the walkability of the area, the homes along Banley Drive all have front doors facing the street, with the garages hidden behind the homes.
66801:24:36.960 --> 01:24:46.129Speaker 18 (Community Hall): Additionally, all the homes have been oriented so the primary windows of the
living rooms and bedrooms face towards Banley or back towards North De Anza to provide a greater sense
of privacy.
66901:24:46.840 --> 01:24:48.140Speaker 18 (Community Hall): Next slide, please.
67001:24:50.000 --> 01:24:53.330
Speaker 18 (Community Hall): In addition to complying with the state energy code and the city's REACH
code.
67101:24:53.470 --> 01:24:55.810Speaker 18 (Community Hall): All the homes will be equipped with solar panels.
67201:24:56.610 --> 01:25:04.429
Speaker 18 (Community Hall): The community will also include drought-tolerant landscaping, water-
conserving irrigation systems, and low-impact design for the treatment of stormwater runoff.
67301:25:05.040 --> 01:25:10.579Speaker 18 (Community Hall): Also, every garage will be EV-ready with the capacity of a level 2 EV charger.
67401:25:10.980 --> 01:25:12.169Speaker 18 (Community Hall): Next slide, please.
675
01:25:13.980 --> 01:25:16.780
Speaker 18 (Community Hall): The project will provide several important community benefits.
67601:25:16.880 --> 01:25:23.190Speaker 18 (Community Hall): First, it will provide 27 new homes, giving first-time homebuyers and families an opportunity to purchase Retino.
677
01:25:24.580 --> 01:25:30.770
Speaker 18 (Community Hall): Second, we're proposing to designate 5 of the units as below-market rate
units, affordable to median and moderate-income households.
67801:25:31.460 --> 01:25:48.660Speaker 18 (Community Hall): And finally, the project will contribute approximately $1.3 million in park fees, $285,000 in school fees, and a surplus of $18,000 annually to the City's general fund through estimated property tax, sales tax, and parcel transfer taxes, as verified by the City's third-party consultant.
679
01:25:49.410 --> 01:25:54.160Speaker 18 (Community Hall): We will also be installing public art within our project to add another beautiful piece to the city's collection.
68001:25:54.780 --> 01:25:55.950Speaker 18 (Community Hall): Next slide, please.
681
01:25:57.480 --> 01:26:06.449Speaker 18 (Community Hall): Thank you for your consideration this evening. We respectfully request you vote in favor of approving our project. And at this time, I'd like to invite Margo Bradish, our Land Use Council, to say…
68201:26:11.260 --> 01:26:15.029
Speaker 18 (Community Hall): Good evening, members of the Council. I'd just like to comment briefly on
the.
68301:26:15.035 --> 01:26:16.805Speaker 2 (Community Hall): Housing laws that support your approval.
68401:26:16.805 --> 01:26:21.844
Speaker 6 (Community Hall): the project this evening. First, SB330, the city rules.
68501:26:21.845 --> 01:26:30.155Speaker 19 (Community Hall): applicable to the project, or those that were in effect when the SB330 preliminary application was submitted in July of 2025.
68601:26:30.525 --> 01:26:46.775Speaker 19 (Community Hall): The state density bonus law, because of the affordable housing that is included in the project, the project qualifies for the benefits of the state density bonus law, including waivers and concessions. As you heard in your staff report, the project is taking advantage of four waivers and 1
concession.
68701:26:47.225 --> 01:26:49.814Speaker 19 (Community Hall): Third, the Housing Accountability Act.
68801:26:49.975 --> 01:27:05.454Speaker 19 (Community Hall): As you know, the Housing Accountability Act prohibits the city from
disapproving or reducing the density of our project that complies with applicable objective standards absent
a public health and safety issue that is also objective.
68901:27:05.455 --> 01:27:14.464Speaker 19 (Community Hall): Use of the density bonus law does not make a project inconsistent with objective standards. And, again, as you heard in your staff report.
690
01:27:14.465 --> 01:27:27.205
Speaker 19 (Community Hall): With the use of this state density bonus law, the project is consistent with the
general plan, the zoning, the De Anza concept plan, and the BRMR housing program that were in effect
when the SB330 application was submitted.
69101:27:27.695 --> 01:27:37.104Speaker 19 (Community Hall): And finally, the AB130 CEQA exemption. As detailed in your staff report, the project meets the qualifications for use of the AB130 CEQA exemption.
692
01:27:37.275 --> 01:27:39.544
Speaker 19 (Community Hall): And tribal consultation was completed.
69301:27:39.655 --> 01:27:45.925Speaker 19 (Community Hall): And pursuant to the AB130 timelines, tomorrow is the deadline for the City to take action on the project.
694
01:27:46.075 --> 01:28:03.464
Speaker 19 (Community Hall): So in closing, the project is consistent with applicable housing laws, including SB330, density bonus law, HAA, and AB130, and we encourage you, to improve the project this… to approve the project this evening in accordance with applicable housing laws. Also, I just want to…
69501:28:03.615 --> 01:28:10.855
Speaker 19 (Community Hall): touch base on the one change that we'd like to request to the conditions that
were put up. It's a very minor clarification.
69601:28:12.630 --> 01:28:14.449Speaker 1 (Community Hall): Can I continue? Please.
69701:28:14.455 --> 01:28:32.805Speaker 19 (Community Hall): Finish your sentence. Thank you. Thank you. It's a very minor clarification to the condition requiring the, acoustical assessment, just to require that be done before the first building permit for vertical construction. That would be the permits for the townhomes coming up. That's what we're
measuring, is that noise, and then not for a building permit, for example, grading.
69801:28:32.835 --> 01:28:40.594Speaker 19 (Community Hall): or, underground utilities or anything. So just that… adding that very brief language for vertical construction related to the building permit.
69901:28:41.390 --> 01:28:51.680
Speaker 4 (Community Hall): Thank you. Right, thank you for the presentation, and now, Council may ask
questions of the staff or the applicant. And Councilmember Wang?
70001:28:54.460 --> 01:28:59.979Speaker 11 (Community Hall): Question for staff. Are there gas lines available there for residents if they were to access gas lines?
701
01:29:04.820 --> 01:29:09.170
Speaker 17 (Community Hall): I'm not quite sure if there… I mean, I'm assuming that there is gas lines
available, if…
70201:29:10.040 --> 01:29:13.299Speaker 17 (Community Hall): They would like to do it, and subject to the building code standards.
703
01:29:13.910 --> 01:29:23.770
Speaker 11 (Community Hall): And there's no restriction on gas lines, is that correct? Not currently, no.
Okay. And a question to the applicant, is there any reason why you're not putting gas lines for dual use and
multiple zones?
70401:29:24.130 --> 01:29:28.529Speaker 11 (Community Hall): Yes, Kevin at Brahimi, Summerhill Homes, thank you for having us.
705
01:29:28.535 --> 01:29:45.844
Speaker 20 (Community Hall): here for the questions. So, what we have found in our market research, we
have 9 active projects in the Bay Area, Greater Bay Area. Especially in this area, most of our buyers prefer all-electric. There are some that may prefer gas, but
70601:29:45.955 --> 01:29:53.295Speaker 20 (Community Hall): for our experience, projects that are all electric perform better, so this project
will be all electric.
707
01:29:53.295 --> 01:30:04.794Speaker 11 (Community Hall): I just wanted to make sure the public knew that the gas was still an option, gas was still available, and I would disagree with your statement on what most people do want here, but
708
01:30:07.530 --> 01:30:08.810
Speaker 4 (Community Hall): Councilmember Mohan.
70901:30:12.600 --> 01:30:17.380Speaker 4 (Community Hall): Yeah, thank you to the applicants for their report, as well as to staff.
710
01:30:17.380 --> 01:30:23.659
Speaker 21 (Community Hall): I wanted to say thank you especially for the supplemental report that we
received.
71101:30:23.780 --> 01:30:34.689Speaker 21 (Community Hall): About the business outreach, a strategy that staff has, implemented. And, it's, it's very detailed, and, it,
712
01:30:34.760 --> 01:30:52.889
Speaker 21 (Community Hall): answers a lot of our questions, especially questions that we've received from some of the businesses that operate out of the building. It would be good if we could get periodic updates on how the outreach is going.
71301:30:53.300 --> 01:30:57.240
Speaker 21 (Community Hall): We… we did something similar for the Panera and Voyager.
714
01:30:57.460 --> 01:31:10.039Speaker 21 (Community Hall): Issues, and if we could sort of make sure that nothing falls through the cracks, and that these four or five businesses that are in the building, you know, stay, stay on, on all our,
71501:31:10.650 --> 01:31:11.290
Community Hall: No.
716
01:31:11.940 --> 01:31:13.980Speaker 21 (Community Hall): Vision or…
71701:31:14.430 --> 01:31:28.500Speaker 21 (Community Hall): My other question was separate from the concerns that the residents had,
Apple sent out a memo with a whole list of concerns that they had.
718
01:31:28.760 --> 01:31:34.699Speaker 21 (Community Hall): And I think when I talked to staff, my understanding was that it had
71901:31:35.070 --> 01:31:51.140Speaker 21 (Community Hall): most of the concerns, or all of the concerns, had been addressed, so I just
wanted you to clarify that that is happening, and there was especially major concern about the noise, and I
know we just talked about it, but,
72001:31:51.690 --> 01:31:59.160Speaker 21 (Community Hall): Have you… have you talked to Apple, and are both the parties in agreement with the changes that, you've suggested?
721
01:31:59.375 --> 01:32:15.424
Speaker 20 (Community Hall): Yes, we've had 4 meetings with Apple. The last one, I believe, was 2 days ago? Yesterday, sorry. Yesterday. So, in their letter to us, and in our conversations with them, there were several things that they had asked for. They had asked to increase the…
72201:32:15.475 --> 01:32:21.925Speaker 20 (Community Hall): efficiency of the sound attuniation inside the buildings. That's the condition
that staff has
72301:32:22.065 --> 01:32:25.575Speaker 20 (Community Hall): Currently put, and we've accepted that condition.
72401:32:25.645 --> 01:32:29.554Speaker 20 (Community Hall): They had also asked to have a construction coordinator
725
01:32:29.565 --> 01:32:44.574Speaker 20 (Community Hall): and require a construction management plan. All of our projects have a construction management plan, and they had asked if we could interface with them to receive comments from them on that plan. We've committed in doing that, so we're on the same page in respect to that request.
726
01:32:44.575 --> 01:33:02.915
Speaker 20 (Community Hall): And they had asked for pre-occupancy disclosures, so Summerhill does a very
in-depth disclosure package. It's typically 28 to 30 pages of disclosures. That's separate than the CCNRs.
They asked us if we could include verbiage in the CCNRs and in our disclosures regarding
72701:33:02.915 --> 01:33:13.775Speaker 20 (Community Hall): the zoning and the uses within that general area, we would do that either way, and we agreed with them that we would do that. Mayor Moore, I think you had a question earlier
728
01:33:14.355 --> 01:33:20.154
Speaker 20 (Community Hall): tend to see CNRs, discuss… the environmental…
72901:33:20.595 --> 01:33:28.665Speaker 20 (Community Hall): I don't know what the right wording for it is. It's the products that are used in commercial buildings. So,
730
01:33:28.665 --> 01:33:41.564
Speaker 20 (Community Hall): We will do that. We will include that in our CC&Rs. I've talked to our attorney, and that is something that will be included. So they won't specifically say, this building has this, or this building has this. They'll… they'll provide an analysis of
73101:33:41.975 --> 01:33:47.835Speaker 20 (Community Hall): The commercial buildings that are within this facility… within this area can have these kind of…
732
01:33:48.095 --> 01:33:52.035
Speaker 20 (Community Hall): Substances that are… are used
73301:33:52.225 --> 01:34:03.985Speaker 20 (Community Hall): by commercial buildings. Again, she'll word it much better than I just did, but that will be included in. So those were the items that, were on the letter and in our discussions with Apple.
734
01:34:04.850 --> 01:34:13.700
Speaker 21 (Community Hall): And just to confirm, there will be another opportunity to test the decibel level after…
73501:34:14.155 --> 01:34:29.725Speaker 20 (Community Hall): So what will happen before the vertical construction of the buildings starts, our acoustical engineer will review the building plans, they will do their on-site testing, they will provide
reports to
73601:34:29.935 --> 01:34:36.334Speaker 20 (Community Hall): staff, it'll be reviewed to comply with the city's ordinance, which is the 45 decibels.
73701:34:36.340 --> 01:34:39.680
Speaker 21 (Community Hall): And will there be another test once the units have been completed?
73801:34:39.685 --> 01:34:56.485Speaker 20 (Community Hall): Generally, again, I haven't worked in a jurisdiction that requires that, and that's not a city code here either. It's an analysis that's done by the acoustical engineer, looking at the window SDCs, the wall ratings, and they'll increase those to whatever it needs to be in order to meet the 45 decibels.
739
01:34:57.220 --> 01:34:57.840
Speaker 21 (Community Hall): Okay.
74001:34:57.960 --> 01:34:59.730Speaker 21 (Community Hall): Thank you. Thank you, Mayor.
741
01:35:00.260 --> 01:35:06.969
Speaker 4 (Community Hall): I just have a quick question, was the request to add,
74201:35:06.990 --> 01:35:21.159Speaker 4 (Community Hall): for design modification, it's item 11. Prior to the issuance of any building
and then on… for 17,
74301:35:21.160 --> 01:35:27.749Speaker 4 (Community Hall): Approved trash loading areas, permitted uses, including the storage of
hazardous materials, is that…
74401:35:29.080 --> 01:35:31.539Speaker 4 (Community Hall): Is that too straightforward? It's up?
74501:35:31.810 --> 01:35:33.060Speaker 4 (Community Hall): Yeah, that's it.
746
01:35:34.940 --> 01:35:39.190Speaker 20 (Community Hall): Oh, regarding the sculptures and… Yeah, yeah, 17. Yes, yes. That's acceptable? Yes, that's acceptable.
74701:35:39.195 --> 01:35:42.084Speaker 4 (Community Hall): acceptable. Okay, thank you. Councilmember Fruen.
748
01:35:45.490 --> 01:35:55.699Speaker 4 (Community Hall): Looking at… I believe it's… the end of… Condition 11… Where you discuss the fence.
74901:35:56.210 --> 01:36:00.769Speaker 22 (Community Hall): It says that you'll be installing an 8-foot-tall sound attenuating fence.
750
01:36:01.020 --> 01:36:05.960Speaker 22 (Community Hall): dot dot dot, along the southern property line. So what's happening with the other two property lines?
75101:36:05.960 --> 01:36:22.759Speaker 20 (Community Hall): Yeah, so we also spoke to Apple regarding those two other property lines. It's
not in their request letter, but we have, committed to providing that same fence on all three sides. So that's
part of our commitment on the project.
75201:36:23.305 --> 01:36:29.375Speaker 22 (Community Hall): And then I know that… that you had some, concerns that were raised with regard to the…
753
01:36:31.605 --> 01:36:39.595
Speaker 22 (Community Hall): hazardous materials stored at the adjacent parcel. Has FIRE had a chance to
provide you with any commentary on that?
75401:36:39.595 --> 01:36:55.335
correspondence. I think staff probably has it, they can read it, I think I have it too, but yes, they… they provided a response that is not an issue. Okay.
755
01:36:55.475 --> 01:37:02.105
Speaker 22 (Community Hall): And then to staff, you know, as I look at the area map, which you've
conveniently included in the staff report.
75601:37:02.275 --> 01:37:13.635Speaker 22 (Community Hall): It looks like all of the parcels immediately surrounding the project site include a residential designation, and as I understand it, that residential designation has existed for…
757
01:37:13.785 --> 01:37:30.395
Speaker 22 (Community Hall): sometime up into the 90s, so 30-ish some odd years, correct? That's our
understanding as well. Okay, so this has been a contemplated use here for a very long time, and it abuts a whole bunch of other existing residential uses, including a series of apartments to the…
75801:37:30.665 --> 01:37:35.905Speaker 22 (Community Hall): Southwest, and then a whole bunch of single-family homes to the west. Okay.
759
01:37:36.175 --> 01:37:40.135
Speaker 22 (Community Hall): Alright, I don't know that I have anything additional the moment I'll reserve the rest of my time.
76001:37:42.190 --> 01:37:44.140Speaker 4 (Community Hall): Okay, thank you, Vice Mayor.
761
01:37:45.890 --> 01:37:55.879
Speaker 13 (Community Hall): Thank you, so, I looked at the city zoning map on the city website. It seems…
76201:37:56.600 --> 01:37:59.409Speaker 13 (Community Hall): Almost every office site.
763
01:37:59.850 --> 01:38:03.369
Speaker 13 (Community Hall): west of Dianza, north Dianza.
76401:38:03.670 --> 01:38:11.820Speaker 13 (Community Hall): It's zoned, similarly with, mixed use and, Office, industrial, and the rest.
765
01:38:12.090 --> 01:38:31.679
Speaker 13 (Community Hall): But you mentioned in your presentation that this came from the North Dianza
Plan, and the plan is intended to provide primarily office use with a small amount of residential. It was not
meant to be 100% residential.
76601:38:31.910 --> 01:38:34.230
767
01:38:34.235 --> 01:38:38.624
Speaker 17 (Community Hall): And therefore, that's why the applicant's requesting that concession.
76801:38:38.625 --> 01:38:44.975Speaker 13 (Community Hall): That's why they require concession, otherwise they don't comply with our current zoning.
769
01:38:45.585 --> 01:38:50.485
Speaker 13 (Community Hall): Okay, but then this also means any other office
77001:38:51.125 --> 01:38:58.814Speaker 13 (Community Hall): current office site zoned similarly. I think that also includes almost every office site along Stevens Creek.
771
01:38:59.015 --> 01:39:00.935
Speaker 13 (Community Hall): They also have…
77201:39:01.085 --> 01:39:17.194Speaker 13 (Community Hall): include a residential as permitted use, whether it's meant to be primary or not. With the current law, that means next year, someone can propose an SB330
773
01:39:17.455 --> 01:39:33.985
Speaker 13 (Community Hall): 100% residential to replace any office… current office site we have. And with the proposed state bill, the Missing Housing Streamlining for Town Home Act, this kind of project that replaced
77401:39:34.095 --> 01:39:40.225
Speaker 13 (Community Hall): commercial site to which townhome likely We'll be streamlined.
775
01:39:41.365 --> 01:39:49.954Speaker 13 (Community Hall): Even if they… they are on a site that's not supposed to be primary residential use.
77601:39:51.890 --> 01:39:56.149
Speaker 17 (Community Hall): I can't confirm the latter of your points, you're…
777
01:39:56.725 --> 01:40:07.335Speaker 13 (Community Hall): It's something, I guess, we need to look into, yeah. If the impact of that act, because likely other projects might…
77801:40:07.555 --> 01:40:12.505
Speaker 13 (Community Hall): Even if they don't completely comply with, we are saying, permeated…
779
01:40:12.865 --> 01:40:26.754Speaker 13 (Community Hall): as a small amount, now it's like they can take over. So, yeah. But that said, I'm… this is, still… and also, I noticed that, the density that's allowed in all these mixed-use
780
01:40:26.945 --> 01:40:37.885
Speaker 13 (Community Hall): office site with residential are permitted. The density is 25 units per acre.
That means almost everyone who are going to just propose townhomes.
78101:40:38.695 --> 01:40:43.414Speaker 13 (Community Hall): That's… is that what we intend? That's something we really need to look into.
782
01:40:43.415 --> 01:40:57.654
Speaker 4 (Community Hall): Vice Mayor, we need to stick to the project at hand. Do you have more,
clarifying questions for the staff or the applicant before we move to public comment? Okay.
78301:41:00.900 --> 01:41:10.130Speaker 13 (Community Hall): So, I sent… I see that, thank you for the information about the park fees. Do… do we have traffic impact fees still?
784
01:41:10.440 --> 01:41:13.429
Speaker 13 (Community Hall): Does that apply to this project?
78501:41:14.830 --> 01:41:24.440Speaker 17 (Community Hall): We do, and if there are traffic impact fees on this project, it would be in the draft ASA resolution. I could probably pull that up and…
786
01:41:25.430 --> 01:41:31.809
Speaker 17 (Community Hall): One minute. Let me get you the exact amount. It's one of the Public Works conditions of approval.
78701:41:34.460 --> 01:41:36.719Speaker 17 (Community Hall): Luke and I are racing to find it first.
788
01:41:46.020 --> 01:41:49.650
Speaker 4 (Community Hall): Steve's joined in.
78901:41:49.650 --> 01:41:51.820Speaker 17 (Community Hall): Yeah, so the traffic impact fee, I…
790
01:41:51.930 --> 01:41:56.950
Speaker 17 (Community Hall): Is, $4,215 per, per townhome unit.
79101:41:59.020 --> 01:42:00.910Speaker 13 (Community Hall): Oh. Okay.
79201:42:01.130 --> 01:42:21.039Speaker 13 (Community Hall): So what's the current occupancy percentage at this site? I know there's nothing we can do about it. You have the right to develop on this site, but I still would like to understand the impact to Cupertino. So, what's the current occupancy for those
793
01:42:21.360 --> 01:42:27.549Speaker 13 (Community Hall): current existing office tenant. Are they… 7 tenants, are they all rented out?
79401:42:27.925 --> 01:42:30.755Speaker 20 (Community Hall): So, what I can say is that
795
01:42:31.195 --> 01:42:37.805
Speaker 20 (Community Hall): Quite a few of the units within that building are occupied by the owners.
79601:42:38.575 --> 01:42:44.124Speaker 20 (Community Hall): And that, all of the leases will naturally expire
797
01:42:44.405 --> 01:42:53.275
Speaker 20 (Community Hall): Before the project is to start. So, none of the tenants are being asked to leave
earlier or are being negotiated to ask her.
79801:42:55.200 --> 01:43:04.019Speaker 13 (Community Hall): I know that they… so you, so their existing lease is going to expire… Before we start. Yeah.
799
01:43:04.270 --> 01:43:11.949
Speaker 13 (Community Hall): on… And then, but then many of these are also long-time tenants.
80001:43:12.190 --> 01:43:15.460Speaker 13 (Community Hall): That have been… their business has been there.
801
01:43:15.930 --> 01:43:26.580
Speaker 13 (Community Hall): I guess they likely wish to have a long-term lease, but then were not given
that option to have a long-term lease, so they…
80201:43:26.690 --> 01:43:31.380Speaker 13 (Community Hall): That's being, I guess, going to year by year, or month by month.
803
01:43:32.070 --> 01:43:39.050
Speaker 20 (Community Hall): Yeah, so they were all given leases, and they're just… new leases aren't being
signed on that building.
80401:43:39.560 --> 01:43:43.879
805
01:43:44.180 --> 01:43:48.560
Speaker 13 (Community Hall): The square… the price per square foot for that building.
80601:43:49.000 --> 01:44:08.239Speaker 13 (Community Hall): The intent is, I would like to understand, we are actually losing a naturally affordable office space in Cupertino, and that will have an impact on other small businesses who need a
more affordable office space in our area.
807
01:44:09.310 --> 01:44:19.290Speaker 13 (Community Hall): Even though we can't do much about it, but I would like to know at least the impact. What's the current price square footage in this
80801:44:19.520 --> 01:44:20.919
Speaker 13 (Community Hall): I'm sorry, Frank, I don't.
809
01:44:20.925 --> 01:44:22.504Speaker 20 (Community Hall): I don't have that information.
81001:44:22.665 --> 01:44:26.355Speaker 20 (Community Hall): Because I'm not involved with the leasing of the units.
811
01:44:26.355 --> 01:44:32.494
Speaker 13 (Community Hall): Because losing this basically means the average office price would also increase.
81201:44:32.775 --> 01:44:35.304Speaker 13 (Community Hall): Because we are losing the lower.
813
01:44:35.305 --> 01:44:38.215
Speaker 20 (Community Hall): I can't speculate on that. Okay, thank you.
81401:44:38.470 --> 01:44:43.549Speaker 4 (Community Hall): All right, thank you, and please remember to stop your timer.
815
01:44:43.890 --> 01:44:58.539
Speaker 4 (Community Hall): It's time for us to go for public comments. We now invite members of the
public to speak about this agenda item. Council members may ask questions of the speakers. Madam City Clerk, do we have members of the public who'd like to speak on this item?
81601:44:58.545 --> 01:45:08.335Speaker 5 (Community Hall): Yes, Mayor, we have 3 requests to speak from in Community Hall, and I see
2… 3 requests to speak virtually. Okay. Okay, so we'll start with Kathy Helgerson.
817
01:45:09.285 --> 01:45:12.874Speaker 5 (Community Hall): Followed by Andrew, followed by Danny Habtum.
818
01:45:14.125 --> 01:45:19.654
Speaker 5 (Community Hall): Anyone wishing to provide comments, please submit your request in the next 9
minutes. Welcome, Kathy.
81901:45:21.770 --> 01:45:26.340Speaker 10 (Community Hall): I'm asking the City of Cupertino Council turn down this housing project.
820
01:45:26.660 --> 01:45:29.350
Speaker 10 (Community Hall): at 10268 Banley Drive.
82101:45:29.610 --> 01:45:34.460Speaker 10 (Community Hall): This project is just one project now, but there will be more in the future.
82201:45:34.920 --> 01:45:47.439
Speaker 10 (Community Hall): if the street is rezoned to include residential. Senate Bill 330, the Housing
Crisis Bill approved by Governor Gavin Newsom, is a subsidized housing bill
82301:45:47.440 --> 01:45:57.679Speaker 10 (Community Hall): and was never allowed to be voted upon by the public, along with other bills that bypass CEQA. This is a violation of my rights and the people's rights.
824
01:45:57.680 --> 01:46:10.840
Speaker 10 (Community Hall): This will not solve the homeless, housing problems. More people will come to
Cupertino and California from all over the U.S. and other countries. My home is one street over from Banley
Drive on Dunbar Drive in Cupertino.
82501:46:10.840 --> 01:46:14.829Speaker 10 (Community Hall): I don't want a 3 or 4 or 5 more story.
826
01:46:14.860 --> 01:46:18.559
Speaker 10 (Community Hall): townhome project to be built on Banley Drive.
82701:46:18.560 --> 01:46:41.519Speaker 10 (Community Hall): over the wall, close to my home, or any place on Banley Drive, this would be a detrimental thing. We need our small businesses and these commercial businesses. More housing projects could be a possibility in the future. Summer Hill Homes, the builders, applied to Cupertino to change the parcel zoning from commercial to residential, and the public was not notified about this.
828
01:46:41.520 --> 01:46:54.810Speaker 10 (Community Hall): Why was this kept from the public? I believe that this includes all of Banley Drive. We need our commercial office buildings here on Banley Drive. Even Apple Computer has an R&D facility right on Banley Drive, on the other side of Dunbar Drive.
82901:46:54.920 --> 01:47:04.169Speaker 10 (Community Hall): I must… I must wonder here if Apple Computer wants their employees to live next door to… or close to Apple Computer business offices. If this is true, the…
830
01:47:04.170 --> 01:47:27.099
Speaker 10 (Community Hall): that Cupertino will lose a lot of commercial buildings, and that is terribly long. The housing crisis quota will rise each year. I provide the City Council today with a list of properties, locations, number of units of each project location on one page. This information was taken from the City's major residential projects listing. I'm also providing project information on the project
83101:47:27.100 --> 01:47:41.949
Speaker 10 (Community Hall): approval or in review status unit totals. The City of Cupertino's quota is 4,588
units, 1,728 units have been approved, and 1,250 units are in review.
83201:47:42.130 --> 01:47:54.600Speaker 10 (Community Hall): This report does not mention when these approved projects will be started, or when the reviews will be approved and started. The public needs to know this information. Why is this not being provided in a report?
833
01:47:54.600 --> 01:48:03.200
Speaker 10 (Community Hall): to report on the web. This should be public information with a complete
report on the progress of the quota and builds. I hope the City of Cupertino
83401:48:03.200 --> 01:48:15.950Speaker 10 (Community Hall): read my comments that I provided the Planning Commission at their meeting. I believe it's on the web, if you folks want to read it. I am sorry to say that they approved the project. I
asked the City of Cupertino City Council not to approve the project.
835
01:48:16.080 --> 01:48:23.919Speaker 10 (Community Hall): or any, project on Banley Drive location, or any other residential building on Banley Drive, in the Banley Drive… Thank you, Kathy.
83601:48:24.225 --> 01:48:25.455
Speaker 5 (Community Hall): That is your time.
837
01:48:25.625 --> 01:48:26.904Speaker 5 (Community Hall): You've been muted?
83801:48:28.035 --> 01:48:32.465Speaker 5 (Community Hall): Thank you. Next, we have Andrew, followed by Danny Habdom.
839
01:48:35.625 --> 01:48:36.975
Speaker 5 (Community Hall): Welcome, Andrew.
840
Speaker 5 (Community Hall): Oh,
84101:48:44.765 --> 01:48:48.864Speaker 5 (Community Hall): Yeah, housing is good. I actually live in a house, so I think we should have
more of it.
84201:48:49.895 --> 01:48:53.045Speaker 5 (Community Hall): I also want to call into, and just.
84301:48:53.050 --> 01:48:58.319Speaker 23 (Community Hall): Let's bring to attention, like, the climate change impacts, because it's 2026,
it's the hottest year on record.
84401:48:58.550 --> 01:49:03.330Speaker 23 (Community Hall): Again, and I don't think I'm seeing that much commitment to
84501:49:03.480 --> 01:49:06.760Speaker 23 (Community Hall): finding climate change from the folks who are in charge of Summerhills?
846
01:49:07.380 --> 01:49:10.129Speaker 23 (Community Hall): There's a very big AND, OR.
84701:49:10.410 --> 01:49:17.500Speaker 23 (Community Hall): in their description of how they would do the landscaping, where they say drought-tolerant and or native plants, and I don't think that's enough.
848
01:49:22.110 --> 01:49:30.180Speaker 23 (Community Hall): I used to live in Biltmore, where they have a big lawn, they water it every night, they water it when it's raining, and the water goes on the sidewalk.
84901:49:30.370 --> 01:49:35.720Speaker 23 (Community Hall): And talking to them is… It's like talking to a brick wall, and I know that, like.
850
01:49:36.120 --> 01:49:45.470Speaker 23 (Community Hall): Once these things are approved, they kind of just never change afterwards, so if you care about climate change, then you have to do something about it right now.
85101:49:46.880 --> 01:49:54.230Speaker 23 (Community Hall): It's extremely practical and doable to put a native plant requirement of, let's
say, 75%.
85201:49:54.450 --> 01:50:00.110Speaker 23 (Community Hall): Well, I would prefer 100%. And I don't think there's really a reason not to, unless…
85301:50:00.330 --> 01:50:06.220Speaker 23 (Community Hall): It's just simply like a… kind of like a cookie-cutter lack of creativity kind of moment we're doing.
854
01:50:06.560 --> 01:50:15.150
Speaker 23 (Community Hall): I don't think it's very reassuring that they want to replace the trees in accordance with law. It's very vague.
85501:50:15.510 --> 01:50:18.130Speaker 23 (Community Hall): And I would want to ask City Council to put a…
856
01:50:18.380 --> 01:50:21.379
Speaker 23 (Community Hall): Stipulation that these trees have to be native plants as well.
85701:50:23.720 --> 01:50:27.770Speaker 23 (Community Hall): Yeah, that's it, thanks.
858
01:50:29.620 --> 01:50:34.049
Speaker 5 (Community Hall): Thank you, Andrew. Next, we have Danny Habtum, followed by Marilyn Kung.
85901:50:34.960 --> 01:50:36.290Speaker 5 (Community Hall): Welcome, Danny.
860
01:50:44.220 --> 01:50:54.910
Speaker 8 (Community Hall): I'm speaking here because it is obvious that Cupertino needs more housing.
The fact that the, cheapest deed-restricted
86101:50:55.020 --> 01:50:55.540Speaker 8 (Community Hall): before.
862
01:50:55.545 --> 01:50:57.805
Speaker 24 (Community Hall): unit in this project.
86301:50:57.985 --> 01:51:01.625Speaker 24 (Community Hall): Targets people with 6 incomes demonstrates that.
86401:51:01.975 --> 01:51:11.264
Speaker 24 (Community Hall): I think this location is a decent place, as I need to put it. It's not only,
865
01:51:12.395 --> 01:51:18.065Speaker 24 (Community Hall): Close to, decent… several, like,
866
Speaker 24 (Community Hall): commercial and residential amenities. It's also pretty close to North De Anza.
86701:51:24.735 --> 01:51:28.694Speaker 24 (Community Hall): Which already has good transit connections to,
868
01:51:29.935 --> 01:51:35.114Speaker 24 (Community Hall): Stevens Creek Boulevard and, the Sunnyvale Caltrain Station.
86901:51:35.245 --> 01:51:40.485Speaker 24 (Community Hall): I've traveled on that road many times, so I'm pretty sure of that.
870
01:51:41.010 --> 01:51:41.610
Community Hall: Hmm.
87101:51:46.420 --> 01:51:47.449Speaker 24 (Community Hall): Thank you very much.
872
01:51:48.350 --> 01:51:50.960
Speaker 5 (Community Hall): Thank you, Danny. Next, we have Marilyn Kung.
87301:51:51.290 --> 01:51:52.690Speaker 5 (Community Hall): Welcome, Marilyn.
874
01:51:54.310 --> 01:52:06.810
Speaker 7 (Community Hall): Hi, Councilmembers and Mayor again. I wanted to just applaud the efforts to
build more housing in Cupertino, and just agree with the previous two speakers. I… for the first one, we just
had the ceremonial IDM of
87501:52:06.810 --> 01:52:15.630Speaker 7 (Community Hall): proclaiming and recognizing United Nations World Environment Day, which is amazing. Thank you for doing that. And if we want to commit to that proclamation.
876
01:52:15.630 --> 01:52:32.000
Speaker 7 (Community Hall): Then we want to really have policy that actually contributes to sustainability in the city. And secondly, with affordability, I… I was raised here. I went to, Cupertino Union School District schools, and also Fremont Union High School District Schools here.
87701:52:32.000 --> 01:52:50.770Speaker 7 (Community Hall): And the truth is that I probably cannot ever buy a home in the city that I grew
up in, me and my peers. And then third, about the gas stove, this is a public health issue. You know, there's
higher rates of children having asthma in homes with gas stoves, and I really applaud the developers, and
87801:52:50.770 --> 01:53:14.799Speaker 7 (Community Hall): implored that they continue committing to having no gas in these,
year because it's a public health issue, and they were really concerned about that. And, you know, California has really strong climate goals, and really strong electrification goals, and we are going full speed ahead to electrification, so even if we do
879
01:53:14.860 --> 01:53:27.469
Speaker 7 (Community Hall): have these gas stoves, and in the future, it could be possible that you're just
gonna have to rip them out and just replace them with electric, so that's just gonna be a waste of money. So yeah, but thank you for having this item today, and I really urge the City Council approve this item. Thank you.
88001:53:27.850 --> 01:53:32.910Speaker 5 (Community Hall): Thank you, Marilyn. And now we will move to those members of the public
requesting to speak virtually.
88101:53:33.040 --> 01:53:39.020Speaker 5 (Community Hall): We have Nori, followed by Jennifer Griffin, followed by Jean Bedoured. Welcome, Nori.
88201:53:43.860 --> 01:53:44.920
Nori: Can you hear me?
88301:53:45.320 --> 01:53:46.279Speaker 5 (Community Hall): Yes, we can.
88401:53:46.470 --> 01:53:55.409Nori: Thank you for this opportunity. 10268 Bunley Drive Building is not just commercial office building.
885
01:53:55.610 --> 01:54:12.109Nori: The building is mainly occupied by schools for children and a studio for children to adults. The Anza Learning Center is after school for Chinese language, Taiwanese culture, and education for children from kindergarten.
88601:54:12.190 --> 01:54:16.840
Nori: to 6th grade. There are over 200 students.
88701:54:17.030 --> 01:54:24.880Nori: Mirai Gakuen is a Japanese language and culture school from younger than 3 years old to 8th grade.
88801:54:25.740 --> 01:54:32.780Nori: Capybara Clay Studio teaches clay poly for children, small children to adults.
889
01:54:33.190 --> 01:54:41.400Nori: And Enjoy Dance Studio is a popular hip-hop and K-pop dance studio for children to adults.
890
Nori: Many, many children enjoy to attend those schools and studios. However, once again, Summerhill plans to develop the property to townhome.
891
01:54:54.300 --> 01:54:59.739
Nori: I didn't know until Planning Commission meeting on May 12th.
89201:55:00.260 --> 01:55:12.260Nori: School principal, teachers, studio instructor, and many parents in those schools and studio are devastating the Summer Hills Development Plan.
893
01:55:12.330 --> 01:55:22.769
Nori: Those school and studio desperately wants to stay there. Many children are having so much fun in
those school and studio.
89401:55:23.020 --> 01:55:33.479Nori: You just celebrated and proclaimed recognizing the month of May for AAPI in last council meeting.
895
01:55:33.630 --> 01:55:43.270
Nori: Cupertino is widely recognized for a highly diverse, multicultural city, so please keep those schools and
studio for children.
89601:55:43.360 --> 01:55:55.229Nori: I hope you have visited those schools and the studios. Please keep the building for the children, schools, and the studio. Please find an alternative location.
897
01:55:55.340 --> 01:56:05.310
Nori: We would be very appreciated for your understanding and help to keep those buildings for school and
the studios. Thanks for listening.
89801:56:07.060 --> 01:56:14.690Speaker 5 (Community Hall): Thank you, Nori. And next, we have Jennifer Griffin, followed by Jean Bedoured, followed by Esteban Lopez. Welcome, Jennifer.
899
01:56:17.200 --> 01:56:30.110
Jennifer Griffin: Thank you very much. I hope you can understand what I'm saying. My cold is still getting worse. I'll just start out, and I would ask the developer to please soften the architecture.
90001:56:30.500 --> 01:56:40.600Jennifer Griffin: If my husband and I were looking to purchase another home, downsize, I will tell you right now, I would not purchase a home that had that
901
01:56:40.830 --> 01:56:47.649Jennifer Griffin: contemporary architecture on the outside, because I don't find it appealing.
902
Jennifer Griffin: But this is… so I would be forced to go somewhere else, to look for something that had a more traditional style, especially of Cupertino, which is, as you all mentioned before, the Spanish.
903
01:57:02.980 --> 01:57:11.760
Jennifer Griffin: Mission style, etc, which to me is much more graceful and respectful of the history of our fair
city.
90401:57:11.830 --> 01:57:15.359Jennifer Griffin: One of my main concerns is
905
01:57:15.460 --> 01:57:21.400
Jennifer Griffin: Yes, this location is in a tech Low Rise Tech Park.
90601:57:21.750 --> 01:57:22.490Jennifer Griffin: But…
90701:57:22.640 --> 01:57:35.229
Jennifer Griffin: Are we taking into consideration the families that are going to be living there? Which means
that these children have very, very limited space to play.
90801:57:35.350 --> 01:57:53.720Jennifer Griffin: limited yards. That means that when you have those empty Apple parking lots after hours, 5 p.m, 7 p.m, you're going to have residents over there playing games of, I mean, I have 3 brothers, baseball.
909
01:57:53.820 --> 01:58:02.499
Jennifer Griffin: tag, you're gonna have children with e-bikes, bikes, etc, in the parking lots. I can guarantee
it.
91001:58:02.680 --> 01:58:20.800Jennifer Griffin: It's not a good use of it, but they have no play yards on this site. And I could not walk to the adjacent park. I'm an old lady, I have walking problems, but when we're trying to establish
911
01:58:20.920 --> 01:58:25.940
Jennifer Griffin: New residential in the middle of a tech park, basically.
91201:58:26.170 --> 01:58:33.860Jennifer Griffin: We have to make sure that the residents and children are safe on those roads when they're going to school.
913
01:58:33.860 --> 01:58:46.220
Jennifer Griffin: I think we need to have more sidewalks. You're gonna have children with e-bikes, e-
scooters, going up and down. We go through that area quite often, and it's mainly,
91401:58:46.220 --> 01:58:51.710
915
01:58:51.710 --> 01:58:57.690
Jennifer Griffin: homeless trailers in there around the project. Hopefully, God bless the poor souls.
91601:58:57.690 --> 01:59:08.199Jennifer Griffin: But I… I'm also… are we putting in street trees? There is very little large tree cover in this area. It's basically a check park.
917
01:59:08.200 --> 01:59:18.300
Jennifer Griffin: Also, what has been done to make sure that we're not just cutting off the retail, especially valuable daycare? Thank you so much.
91801:59:19.700 --> 01:59:25.610Speaker 5 (Community Hall): Thank you, Jennifer. Next, we have Jean Bedort, followed by Estevon Lopez.
Welcome, Jean Bedort.
919
01:59:29.810 --> 01:59:31.049Jean Bedord: Can you hear me?
92001:59:31.770 --> 01:59:32.920Speaker 5 (Community Hall): Yes, we can.
921
01:59:32.920 --> 01:59:36.000
Jean Bedord: Okay, good evening, Mayor Moore, Vice…
92201:59:36.150 --> 01:59:39.100Jean Bedord: Mayor Chao, council members, and staff.
923
01:59:39.210 --> 01:59:42.990
Jean Bedord: My name is Jean Bedoured, and I am a Cupertino resident.
92401:59:43.270 --> 01:59:48.979Jean Bedord: I'm speaking tonight to urge you to unanimously approve this housing project.
925
01:59:49.430 --> 01:59:55.119
Jean Bedord: Summerhill is a well-regarded housing developer known for high-quality developments.
92601:59:56.230 --> 02:00:03.239Jean Bedord: Cupertino simply does not have enough housing, particularly housing for first-time buyers and families.
927
02:00:03.870 --> 02:00:12.560
Jean Bedord: This development provides this badly needed type of housing close to schools, transit on
Stevens Creek and De Anza Boulevard.
92802:00:12.710 --> 02:00:16.120Jean Bedord: As well as retail on Stevens Creek.
929
02:00:16.350 --> 02:00:20.339
Jean Bedord: It includes BMR and market rate housing.
93002:00:21.710 --> 02:00:26.109Jean Bedord: The city should not be a barrier to housing development.
931
02:00:26.450 --> 02:00:30.750
Jean Bedord: This project complies with city and state requirements.
93202:00:31.140 --> 02:00:33.980Jean Bedord: There are no grounds for obstructing it.
933
02:00:34.360 --> 02:00:38.830
Jean Bedord: Again, I urge you to unanimously approve the project.
93402:00:39.470 --> 02:00:41.910Jean Bedord: Thank you for the opportunity to speak.
93502:00:43.110 --> 02:00:48.119
Speaker 5 (Community Hall): Thank you, Jean, and… Our final speaker is Esteban Lopez. Welcome, Esteban.
936
02:00:53.910 --> 02:01:08.310Estevan Lopez: Good evening, Mayor and City Council. My name is Esteban Lopez, I'm a research analyst with the Bay Area Council, and we represent more than 370 of the Bay Area's largest employers, whose members employ over 4.5 million workers across the region.
937
02:01:08.540 --> 02:01:16.649
Estevan Lopez: I am here tonight in strong support of the Summerhill Homes proposed 27 townhomes at
10268 Banley Drive.
93802:01:16.700 --> 02:01:34.720Estevan Lopez: The National Association of Realtors reports that the median age of a first-time homebuyer is now 40, up from the age of 28 in 1992. First-time homebuyers are just 21% of the market, a historic low. Here in Cupertino, the median home sale price hit $3.4 million in March.
939
02:01:34.720 --> 02:01:45.500
Estevan Lopez: of 16% year over year. That math does not work for the next generation of Cupertino families. Our region's housing shortage is immense, and no project is too small to help.
94002:01:45.590 --> 02:01:58.579
Estevan Lopez: Banley Drive is exactly the kind of location we should be building. It is located in an area where emissions from driving will be much lower than the alternative, and there are thousands of jobs nearby that can be accessed by walking, biking, and transit.
941
02:01:58.700 --> 02:02:12.210
Estevan Lopez: Stevens Creek and De Anza Boulevards are under a half mile away, with a target less than a
quarter mile away. William Faria Elementary, Lawson Middle, Cupertino Memorial Park, and the Quinlan Community Center all sit within a mile.
94202:02:12.640 --> 02:02:18.619Estevan Lopez: The project fully conforms to the City's zoning and general plan, and the use of AB130's
943
02:02:18.780 --> 02:02:36.200
Estevan Lopez: CEQA exemption pathway is appropriate for a project that meets all zoning, design, and building code requirements. At 17 units per acre, Summerhill is proposing well below what the site allows. Five of the 27 homes will be deed-restricted affordable for median and moderate-income households.
94402:02:36.230 --> 02:02:51.549Estevan Lopez: Cupertino's teachers, nurses, and public safety workers desperately need these homes.
Townhomes like these are for the next generation starter home. For these reasons, the Bay Area Council
respectfully urges the Commission to recommend approval. Thank you all for your time.
94502:02:52.890 --> 02:02:57.759Speaker 5 (Community Hall): Thank you, Esteban. Mayor, that concludes the speakers for this item. All right.
94602:02:57.765 --> 02:03:00.734
Speaker 4 (Community Hall): Thank you. And now the,
94702:03:01.115 --> 02:03:16.425Speaker 4 (Community Hall): applicant is, provided 2 minutes to respond to public comments. There is one comment in particular I'd like to hear, hear a response to, and that was the request for native plant requirements and trees.
948
02:03:17.905 --> 02:03:23.904
Speaker 4 (Community Hall): what… if that's a possibility. If so, if not, why not, I guess.
94902:03:24.860 --> 02:03:37.230Speaker 20 (Community Hall): Okay, Kevin Ibrahimi, Summerhill. So, I do want to clarify in respect to the number of trees, I think there was, before I answered the other question, there are 25 trees that are being removed.
950
02:03:37.740 --> 02:03:57.700
Speaker 20 (Community Hall): And the requirement is to plant 34 trees, and the project is planting 55 trees.
So I just wanted to make that clarification that we're planting over twice the amount of trees we're removing. So, I'll try to answer this. My landscape architect couldn't make it here for tonight, but generally.
02:03:57.900 --> 02:04:06.480Speaker 20 (Community Hall): what I understand from the landscaping concept is they try to provide as much, native landscaping
952
02:04:06.660 --> 02:04:16.500
Speaker 20 (Community Hall): For the project, but for projects like this, you do want to have some
ornamental landscaping, and that's the smaller portion of the landscape that's part of the plan set.
95302:04:18.070 --> 02:04:20.750Speaker 20 (Community Hall): Yeah, okay, and they're all, they're all drought, don't.
954
02:04:21.420 --> 02:04:33.530
Speaker 4 (Community Hall): Oh, right, so I would want to challenge that, since I have native plants that I'm
actually currently propagating, and they are ornamental. So, would…
95502:04:33.530 --> 02:04:43.549Speaker 4 (Community Hall): a percentage… well, and then we can also look at the Apple headquarters campus with all the native trees that they have placed there.
956
02:04:43.790 --> 02:04:50.259
Speaker 4 (Community Hall): Would you be open to a percentage of native plants and trees?
95702:04:50.265 --> 02:04:54.264Speaker 20 (Community Hall): it's harder for me because I… I'm not a landscape,
958
02:04:54.505 --> 02:04:59.555
Speaker 20 (Community Hall): consultant, but what do you have in mind? 50 to 75.
95902:05:00.420 --> 02:05:02.990Speaker 4 (Community Hall): percent? Being… Native.
960
02:05:03.315 --> 02:05:05.995
Speaker 20 (Community Hall): Yeah, I'm good with that. We'll make the landscape architect.
96102:05:05.995 --> 02:05:08.785Speaker 4 (Community Hall): Okay, so 75%?
96202:05:08.995 --> 02:05:22.544
Speaker 20 (Community Hall): 50 to 75. 50 to 75. I will, as I've always tried to work with you on this, I will
give the instruction to my landscape architect to try to go towards a high. I just… I don't know if I can limit
him without knowing it, but my direction's gonna be to go.
96302:05:23.180 --> 02:05:23.890Speaker 4 (Community Hall): percentage.
96402:05:24.050 --> 02:05:29.310Speaker 4 (Community Hall): Thank you, and I just wound down your time. So now…
965
02:05:29.410 --> 02:05:48.200
Speaker 4 (Community Hall): The public hearing is currently closed. Gonna request a motion and a second.
I'm actually going to make the motion on this particular item, because we need to incorporate, the slight adjustments that were made to the desk item.
96602:05:48.310 --> 02:05:57.870Speaker 4 (Community Hall): So, I move the recommended action with the following, proposed, updates.
967
02:05:58.810 --> 02:06:08.770
Speaker 4 (Community Hall): For item 11, the design modification, I'm going to read the whole thing into the record. Prior to the issuance of any building permit for vertical construction.
96802:06:08.770 --> 02:06:33.719Speaker 4 (Community Hall): The applicant shall retain a qualified professional acoustical engineer to conduct an acoustic analysis of the project plans. The acoustical engineer must certify in writing to the
Director of Community Development that the proposed building envelope design, including walls, doors, and
windows, will achieve interior noise levels that do not exceed 50… I mean, 45 decibels CNEL, the community
noise equivalent level, with all habitable residential rooms, this requirement and subsequent certification
96902:06:33.720 --> 02:06:50.230Speaker 4 (Community Hall): are mandated to ensure full compliance with the City's noise standards pursuant to Cupertino Municipal Code Chapter 10.48. The developer shall install an 8-foot-tall sound attenuating fence or other similar noise-mitigating features along the southern property line.
970
02:06:50.230 --> 02:07:02.869
Speaker 4 (Community Hall): And the remainder of this item has been crossed out and removed. And then item 17, the formation of a homeowners association, add the following final bullet point. Inclusion of a notice of neighboring Uses.
97102:07:04.530 --> 02:07:19.899
Speaker 4 (Community Hall): I'll read the whole thing. Disclosure to residents that are going to move into
the property, disclosing that the sites around them are mixed-use residential, industrial, and commercial,
existing areas, non-residential character, and commercial and industrial uses, including, but not limited to,
approved trash loading areas.
97202:07:19.900 --> 02:07:33.559Speaker 4 (Community Hall): Permitted uses, including the storage of hazardous materials, that's the addition, delivery schedules, hours of activity that may be outside of standard business hours and associated noise levels, and staff will have to help me as to where,
973
02:07:33.560 --> 02:07:39.720Speaker 4 (Community Hall): The native plant requirement of 50-75% is added into a condition.
02:07:40.000 --> 02:07:43.999Speaker 4 (Community Hall): Or is it a fresh new condition that needs to be added at the end?
975
02:07:45.570 --> 02:07:46.920
Speaker 4 (Community Hall): I think that's a new one.
97602:07:47.530 --> 02:07:55.740Speaker 17 (Community Hall): We do have some landscape conditions already. We can modify some of the existing ones, an example would be…
977
02:07:55.890 --> 02:07:56.960
Speaker 17 (Community Hall): Don't clean one.
97802:07:57.470 --> 02:07:59.350Speaker 16 (Community Hall): Awesome.
97902:07:59.350 --> 02:08:06.340
Speaker 17 (Community Hall): We have conditions, number 26 talks about landscape project submittal in the
draft ASA.
98002:08:06.650 --> 02:08:12.110Speaker 17 (Community Hall): Resolution, we could probably add a sense at the end of that.
98102:08:12.230 --> 02:08:15.649
Speaker 17 (Community Hall): Basically saying that 50-75%… 75% of
982
02:08:15.910 --> 02:08:19.090Speaker 17 (Community Hall): Landscaping should be of native? Native.
98302:08:19.095 --> 02:08:21.265Speaker 11 (Community Hall): Okay. I'll second that. Okay.
984
02:08:21.265 --> 02:08:27.505
Speaker 4 (Community Hall): Thank you. So we have a motion and a second for purposes of deliberation.
98502:08:27.925 --> 02:08:36.295Speaker 4 (Community Hall): I see a hand… I don't know, Vice Mayor, if that's a relic, or is your hand raised? Moved. Okay, Vice Mayor.
986
02:08:37.750 --> 02:08:40.839
Speaker 13 (Community Hall): I believe there was a question about the…
98702:08:40.870 --> 02:08:56.859
the applicant, they did tell me they specifically choose this more modern style so that it's compatible with the surrounding office buildings.
988
02:08:56.860 --> 02:09:07.070
Speaker 13 (Community Hall): Which I think makes sense. There are going to be different residents who like
different style. Some like FIP, like the modern style.
98902:09:07.470 --> 02:09:11.160Speaker 13 (Community Hall): And then, another question was about
990
02:09:11.730 --> 02:09:24.190
Speaker 13 (Community Hall): whether the site was rezoned recently, and the residents were not informed,
notified about it for this particular case. I think the site was rezoned
99102:09:24.520 --> 02:09:27.510Speaker 13 (Community Hall): At least 10, 15, 20 years ago.
992
02:09:27.900 --> 02:09:33.159
Speaker 13 (Community Hall): To be mixed use with a residential permit heater, right?
99302:09:33.980 --> 02:09:38.570Speaker 13 (Community Hall): It's… but it's just that recent state law changed.
99402:09:38.970 --> 02:09:56.069
Speaker 13 (Community Hall): it… when the council at the time adopted that, the council had the discretion
to decide eventually how much residential would be allowed, but the state law changed now. The council
doesn't have that discretion, so 100% residential would be
99502:09:56.170 --> 02:10:01.299Speaker 13 (Community Hall): be permitted, even though that wasn't the original intent of the Council.
996
02:10:01.430 --> 02:10:06.829
Speaker 13 (Community Hall): maybe 20 years ago, when they adopted the plan. So, just wanted to clarify
that.
99702:10:07.010 --> 02:10:11.650Speaker 13 (Community Hall): And then, hi, question,
998
02:10:19.510 --> 02:10:22.010
Speaker 13 (Community Hall): Oh, there was a question…
99902:10:22.380 --> 02:10:37.030Speaker 13 (Community Hall): So, there was a comment that the project fully conforms to the city's zoning and objective standards. I think without the waivers and concessions permitted by the density bonus law.
100002:10:37.520 --> 02:10:44.450Speaker 13 (Community Hall): the project would not conform to the city's zoning and objective standards, but I think the state law
1001
02:10:44.840 --> 02:11:04.110
Speaker 13 (Community Hall): does try to change the concept that the state law does say, as long as they qualify for density bonus, even taking the waivers and concessions, they are considered conforming to the city standards, even when they do not. That's just,
100202:11:04.320 --> 02:11:11.190Speaker 13 (Community Hall): catch-22 logical of the state law, unfortunately. I want to clarify that.
1003
02:11:11.320 --> 02:11:12.750Speaker 13 (Community Hall): Okay.
100402:11:15.150 --> 02:11:25.600Speaker 13 (Community Hall): So, I do think housing is important, and I really like that this project does provide smaller, more affordable
1005
02:11:25.730 --> 02:11:29.069Speaker 13 (Community Hall): Starter home for younger families.
100602:11:29.190 --> 02:11:41.460Speaker 13 (Community Hall): However, as a city, we do… we are concerned when we do lose affordable office space, which our small businesses rely on, and many of them are
1007
02:11:41.460 --> 02:11:51.020Speaker 13 (Community Hall): long-time small business in our area. And once this kind of older, affordable office space is lost.
100802:11:51.750 --> 02:12:04.809Speaker 13 (Community Hall): there won't be more coming. So, there is a limited stock of naturally
affordable office space, as we have limited stock of naturally affordable
100902:12:05.060 --> 02:12:20.209Speaker 13 (Community Hall): homes. Once we replace that with new in-home infill development, we will not lose them forever. That's… as a council, we… although we do want more housing, we do also need to be concerned with the lose of
1010
02:12:20.330 --> 02:12:24.840
Speaker 13 (Community Hall): On other intended uses, so… Yeah.
101102:12:26.320 --> 02:12:29.170Speaker 13 (Community Hall): That's my comment, I think… okay.
101202:12:30.510 --> 02:12:33.679Speaker 4 (Community Hall): Thank you. Thank you, Vice Mayor. Councilmember Wong?
1013
02:12:34.080 --> 02:12:34.920
Speaker 22 (Community Hall): Mayor.
101402:12:35.235 --> 02:12:55.474Speaker 11 (Community Hall): I like the townhouses that are being built. I think it's the right level of density. The elevations are consistent with the look and the feel of the area. I think that was very important. I'm glad that that's the architect you chose. I think there was concerns in the industrial area that, had that architect not been chosen, we've gotten a different design. I'm also glad that staff has done a good job here with
streamlining the process. I'm hoping to get some kind of streamlining like this in the residential renovations
in the future.
101502:12:55.485 --> 02:13:09.464Speaker 11 (Community Hall): But like our Vice Mayor, I think it's important to clarify some facts from some of the folks that have been speaking here, as well as some of the folks that have been calling in. This is not consistent with the objective standards, but it is because of the waivers, and that's why your counsel is here.
1016
02:13:09.465 --> 02:13:28.395
Speaker 11 (Community Hall): As for all those folks talking about affordability, let's… let's get a realistic
conversation here. On that math, $2.184 million is what we get for the square footage times about 1,300 square feet. That's about what the units are probably running about. That's $14K and 16Ks. $14,000, $16,000 per month in mortgages.
101702:13:28.395 --> 02:13:38.655
Speaker 11 (Community Hall): you'd have to have a $500,000, $600,000 income to qualify. That's the top
5% of income earners in Cupertino. So, anyone here coming in to talk about affordable housing, please do
your math, because that's not correct.
101802:13:38.655 --> 02:13:55.115Speaker 11 (Community Hall): It's also sad that we are not having mixed fuel systems. It was rich to have someone from the California Energy Commission lecture us on climate change. The Federal Interagency Committee on Indoor Act Quality, CIAQ, which is comprised of two dozen federal agencies, has determined it is not a public health standard, a hazard.
1019
02:13:55.115 --> 02:13:59.495Speaker 11 (Community Hall): The CIQ has not identified natural gas cooking emissions as an important issue.
102002:13:59.545 --> 02:14:18.285Speaker 11 (Community Hall): concerning asthma or respiratory illness. So let's clear that fact up. And of
course, the U.S. Consumer Product Safety Commission and EPA do not present gas ranges as a significant
contributor to adverse air quality or health hazard, so I want to make sure that's clear. I applaud the
outreach with neighbors, I think that has been a good thing. I want to say that we should also remember
that our
02:14:18.285 --> 02:14:20.624Speaker 11 (Community Hall): These are primarily industrial areas.
1022
02:14:20.625 --> 02:14:34.345
Speaker 11 (Community Hall): And so remember, that it is an industrial era first, it affects our tax base, it
affects our small business base, and so if you're coming trying to take up one of those areas and put housing
where it's supposed to be industrial area in the future, please understand it is industrial era first.
102302:14:34.345 --> 02:14:48.584Speaker 11 (Community Hall): And also hoping that there's something the city can do with regards to helping the tenants that are there, with the economic development to help the existing places… existing businesses find places, maybe something we can do that. I'd like to ask staff to look into that to help.
1024
02:14:49.635 --> 02:15:07.844Speaker 11 (Community Hall): DeAnza Learning Center, where my kids have been in the before, there's two architects that are over there, there's an accountant that's over there, and so anything we can do to find… help displaced businesses, to find other places, I think that's gonna be useful as us. We want to be a friendly, a business-friendly city, and if we're driving out small businesses, that's an issue to me.
1025
02:15:07.845 --> 02:15:11.075
Speaker 11 (Community Hall): And also, I'm also glad that we're helping with the housing production
numbers.
102602:15:11.075 --> 02:15:16.615Speaker 11 (Community Hall): But these are not affordable homes, people. Please remember that. And you got $15,000 for a mortgage? That is not affordable.
1027
02:15:16.615 --> 02:15:27.254
Speaker 11 (Community Hall): So I just want to be clear about that. For all those people coming here talking
about affordability, you tell me you got $500,000 or $600,000 income? That is not affordable. But I am for the project, I think we need new homes, but that is not affordable, people.
102802:15:30.480 --> 02:15:31.840Speaker 4 (Community Hall): Councilmember Fruen.
1029
02:15:34.220 --> 02:15:50.430
Speaker 22 (Community Hall): So, in particular, I just wanted to thank staff for the very significant outreach that you've done to all of the existing tenants. I'm not sure that everyone's actually seen it, but there's a quite a significant desk item that details everything that's already been done, which is rather extensive.
103002:15:50.490 --> 02:16:02.499
Speaker 22 (Community Hall): Including many, many, many sets of outreach to De Anza Learning Center,
which I understand from the applicants is one of the part owners and is choosing to retire, though they do
describe
103102:16:02.750 --> 02:16:08.359
1032
02:16:08.400 --> 02:16:18.689
Speaker 22 (Community Hall): with Mirai Gakuen, which has expressed interest in relocation assistance, but also, expressed no particular concern at this time because it's at least a year away.
103302:16:18.720 --> 02:16:30.849Speaker 22 (Community Hall): So we have time. There's a lot that's out there at the moment. If you're
looking for office space, now is the best market to be looking for office space. It's been pretty significantly
damaged by
103402:16:30.850 --> 02:16:41.769Speaker 22 (Community Hall): what happened during the pandemic. Obviously, it's not the premium that it once was, and you'll… it makes it quite obvious why there are such high vacancy rates in other parts of the South Bay.
1035
02:16:41.809 --> 02:16:44.779
Speaker 22 (Community Hall): You know, I'll just note that…
103602:16:45.180 --> 02:16:49.329Speaker 22 (Community Hall): every home that is in Cupertino right now, at one point in time, was…
1037
02:16:50.230 --> 02:16:57.290
Speaker 22 (Community Hall): Sort of top of the market item, and over time, it became more affordable
because it got old.
103802:16:57.680 --> 02:16:59.790Speaker 22 (Community Hall): That's what happens with all buildings.
1039
02:17:00.580 --> 02:17:02.760
Speaker 22 (Community Hall): entropy. Things fall apart.
104002:17:02.969 --> 02:17:11.559Speaker 22 (Community Hall): So, today's market rate housing becomes tomorrow's naturally occurring affordable housing, because it's old, and it's not competitive anymore.
1041
02:17:11.770 --> 02:17:14.720
Speaker 22 (Community Hall): If we don't build housing for all types of people.
104202:17:15.219 --> 02:17:21.310Speaker 22 (Community Hall): Then, the folks who do have the incomes that were just described, they bid up the housing prices for everyone else.
1043
02:17:21.570 --> 02:17:30.300
Speaker 22 (Community Hall): And that means that all housing is more expensive. So, every little project,
including this one, and I'll emphasize there are at least 5 that are deed-restricted affordable.
104402:17:32.040 --> 02:17:37.990Speaker 22 (Community Hall): And that's all pegged to area median income, what we understand to be the most common incomes in the area.
1045
02:17:39.260 --> 02:17:41.110Speaker 22 (Community Hall): You know, over time, things become…
104602:17:41.330 --> 02:17:43.600Speaker 22 (Community Hall): better. But we have to actually
1047
02:17:44.070 --> 02:17:47.760
Speaker 22 (Community Hall): put enough drops into the ocean in order to fill it. Thanks.
104802:17:50.690 --> 02:18:00.319Speaker 4 (Community Hall): All right, thank you, and I would like to thank the applicant for agreeing to the adjustments to the conditions for this project.
1049
02:18:00.320 --> 02:18:11.100
Speaker 4 (Community Hall): And I would like to clarify with the native planting, I'm hoping for pollinators, pollinators supporting plants, to make that more clear.
105002:18:11.219 --> 02:18:18.479Speaker 4 (Community Hall): I'm not seeing any further hands raised, Madam City Clerk. Will you please set the voting panel? And we are going to vote.
1051
02:18:25.450 --> 02:18:27.519Speaker 5 (Community Hall): The motion as amended carries unanimously.
105202:18:27.980 --> 02:18:31.410Speaker 4 (Community Hall): Thank you, and we're going to take a 5-minute break now. Thank you.
1053
02:18:36.660 --> 02:18:39.440
Community Hall: Welcome to our YouTube, okay?
105402:25:41.280 --> 02:25:52.109Speaker 4 (Community Hall): All right, next we move on to our action calendar, which is the adoption of SB707, and we will see this repeat every 6 months, is that correct?
1055
02:25:52.230 --> 02:25:54.020
Speaker 4 (Community Hall): Melissa's gonna come back.
105602:25:54.980 --> 02:26:00.020Speaker 12 (Community Hall): The one that was on consent has to come back every 6 months. This one
does not. Oh, excellent.
105702:26:00.020 --> 02:26:04.710Speaker 4 (Community Hall): Good, okay. So it can… that one can come back on consent then, probably.
1058
02:26:04.840 --> 02:26:08.880Speaker 4 (Community Hall): Cool. Okay, Madam City Manager, do we have a presentation on this item?
105902:26:09.585 --> 02:26:24.204Speaker 14 (Community Hall): Thank you, Mayor. This item is a proposed council policy to outline how the City can handle disruptions to the City Council's teleconferenced meetings. Adoption of a meeting disruption
policy is a requirement now under Senate Bill 707.
106002:26:24.205 --> 02:26:29.804Speaker 14 (Community Hall): And the requirement goes into effect July 1. Interim City Attorney Floyd Anders will present this item.
106102:26:32.170 --> 02:26:44.320
Speaker 12 (Community Hall): Good evening, Mayor and Council. So last year, the state legislature passed
Senate Bill 707, which made substantial changes to the Brown Act, focusing largely on increasing public
participation and inclusion.
106202:26:44.770 --> 02:26:54.449Speaker 12 (Community Hall): One aspect addresses public meeting interruptions, particularly when the audio-visual or remote participation connection is disrupted.
1063
02:26:54.820 --> 02:27:14.060
Speaker 12 (Community Hall): In light of the recent Civil Grand Jury report that addresses the city's meeting
interruptions in connection with alternate remote meeting locations, as opposed to the failure of the main meeting locations teleconferencing system, I would like to now note that these current updates are not connected to the Civil Grand Jury Report
106402:27:14.060 --> 02:27:18.310
Speaker 12 (Community Hall): or the city's response thereto. Those will be discussed at a different meeting.
1065
02:27:18.440 --> 02:27:28.909Speaker 12 (Community Hall): Rather, these updates are required by the new state legislation that coincidentally addresses similar issues concerning the remote access to city council meetings.
106602:27:30.260 --> 02:27:30.879
Community Hall: Oh, there you go.
1067
02:27:31.020 --> 02:27:42.600Speaker 12 (Community Hall): So, Senate Bill 707 now requires that city councils adopt a meeting disruption policy, and they're required to do so in open session, which is what we're doing now, not on consent.
106802:27:45.220 --> 02:27:53.059Speaker 12 (Community Hall): Here, we recommend that Council adopt the policy pertaining to the disruption during public meetings of telephonic or internet services.
1069
02:27:53.190 --> 02:27:57.500
Speaker 12 (Community Hall): Such adoption is required to be heard in open session and not on consent.
107002:27:59.570 --> 02:28:15.209Speaker 12 (Community Hall): All councils of cities with populations of 30,000 or more, such as the City of Cupertino, are, as of July 1, required to provide hybrid City Council meetings using a two-way phone or video platform, as we do already.
1071
02:28:15.260 --> 02:28:25.989Speaker 12 (Community Hall): And as stated, the City must also adopt a policy outlining the procedures for recessing and reconvening a meeting when disruption to the hybrid meeting service occurs.
107202:28:27.550 --> 02:28:36.160Speaker 12 (Community Hall): In the event of a disruption to the service during a public meeting, the mayor
must announce the disruption and call a recess.
107302:28:36.370 --> 02:28:41.450Speaker 12 (Community Hall): Staff must take all available actions to identify and restore the service.
107402:28:41.910 --> 02:28:48.250Speaker 12 (Community Hall): The meeting must remain in recess for at least 1 hour, or until the service is
restored.
107502:28:48.910 --> 02:28:52.880Speaker 12 (Community Hall): If service is restored, the meeting must resume immediately.
107602:28:55.780 --> 02:29:05.130Speaker 12 (Community Hall): If service is restored, the mayor must immediately reconvene the meeting
and announce that the remote access and public comment functionality has been restored.
107702:29:05.370 --> 02:29:18.080Speaker 12 (Community Hall): The disruption and the resolution must be documented in the meeting minutes, including the start time of the disruption, steps taken to restore service, and the duration of the interruption.
1078
02:29:22.750 --> 02:29:32.419
Speaker 12 (Community Hall): After 1 hour, If, after one hour, the service has not been restored, the Council
must reconvene.
107902:29:32.500 --> 02:29:39.449
roll call vote, that
108002:29:39.490 --> 02:29:52.859Speaker 12 (Community Hall): The City Council has made good faith efforts to restore internet service in
accordance with its policy, and the public interest in continuing the meeting outweighs the public interest in
remote public access.
108102:29:53.180 --> 02:29:55.139Speaker 12 (Community Hall): So that is the new requirement.
108202:29:56.990 --> 02:30:03.980
Speaker 4 (Community Hall): Thank you, Madam City Attorney. Are there any clarifying questions from the
Council before we go out for public comments?
108302:30:07.910 --> 02:30:11.030Speaker 4 (Community Hall): Vice Mayor Chao? Yeah.
108402:30:11.030 --> 02:30:23.129
Speaker 13 (Community Hall): They do have a question. So, they are requiring us to be… to go in recess for
at least one hour. A lot of this internet interruption is, like.
108502:30:23.250 --> 02:30:31.210Speaker 13 (Community Hall): it will be back, right? Pretty fast. But now, we can continue the meeting, we have to wait for one hour.
1086
02:30:31.215 --> 02:30:37.865
Speaker 12 (Community Hall): No, no, if the meeting is, if the connection is re-established, then you begin
the meeting immediately.
108702:30:38.075 --> 02:30:44.755Speaker 12 (Community Hall): You only are required to wait the hour while, staff makes every effort to reconnect the meeting.
1088
02:30:44.755 --> 02:30:58.764
Speaker 12 (Community Hall): And you have to wait the full hour while they do so, until, and then when it's
been a full hour of trying to reconnect, that's when the Council can reconvene and decide which way to move forward, continue the meeting, or…
108902:30:58.765 --> 02:30:59.625Speaker 12 (Community Hall): Adjourn.
1090
02:31:00.380 --> 02:31:12.680
Speaker 13 (Community Hall): That's a little confusing, because it says the policy required the legislative body to take a recess, attempt to restore service for at least 1 hour.
02:31:12.685 --> 02:31:17.414Speaker 12 (Community Hall): It just means you have to keep trying to restore for an hour.
1092
02:31:17.420 --> 02:31:22.670
Speaker 13 (Community Hall): Before it's… if it's, re… reconnected, in…
109302:31:23.150 --> 02:31:28.130Speaker 13 (Community Hall): 1 minute, or 10 minutes, we can just continue the meeting. Absolutely. Okay, okay, good.
1094
02:31:30.270 --> 02:31:34.570
Speaker 4 (Community Hall): Seeing no further hands raised, Madam City Clerk.
109502:31:35.070 --> 02:31:38.779Speaker 4 (Community Hall): Do any members of the public wish to speak on this item? Yes, Mayor.
109602:31:38.785 --> 02:31:41.724
Speaker 5 (Community Hall): Have one member of the public requesting to speak virtually.
1097
02:31:42.125 --> 02:31:43.364Speaker 5 (Community Hall): Jennifer Griffin?
109802:31:43.745 --> 02:31:44.575Speaker 5 (Community Hall): Welcome.
1099
02:31:47.080 --> 02:31:53.620
Jennifer Griffin: Good evening. I hope you all can hear me okay. Cold is not getting any better. Can you hear me?
110002:31:53.950 --> 02:31:54.810Speaker 5 (Community Hall): Yes, we can.
1101
02:31:54.810 --> 02:31:57.770
Jennifer Griffin: Okay, good. I will tell you…
110202:31:57.960 --> 02:32:12.019Jennifer Griffin: That, okay, I was on the Zoom the entire time we had all the city council meetings, planning commission. During pandemic, we conducted everything by Zoom. That was what we did in California.
1103
02:32:12.140 --> 02:32:17.930
Jennifer Griffin: But I will tell you, You need to make sure that your public
110402:32:18.090 --> 02:32:25.489
1105
02:32:25.710 --> 02:32:37.170
Jennifer Griffin: remote access. I was having trouble with Zoom. I couldn't figure out how to raise my hand. We had, thank heavens, your IT group were able to help.
110602:32:37.380 --> 02:32:45.179Jennifer Griffin: But you have so many people on so many different devices that we need to make sure that
we're sensitive
1107
02:32:45.180 --> 02:32:58.349Jennifer Griffin: to the devices that people are coming in from, if they choose to participate remotely. I have started participating remotely from Santa Cruz because my mother's age and health
110802:32:58.350 --> 02:33:09.860
Jennifer Griffin: is very, very important to maintenance of her for the family. Sometimes I'm coming in from
San Jose, from my mother-in-law's house. Tonight, I'm at home, but I have a horrible cold.
110902:33:09.860 --> 02:33:14.779Jennifer Griffin: So, I… what I'm… I find… I don't know who wrote this bill.
111002:33:14.860 --> 02:33:16.989
Jennifer Griffin: But I find the part about
1111
02:33:17.960 --> 02:33:26.839Jennifer Griffin: we are… okay, you get internet up, what internet are you talking about? Are you talking about internet service from…
111202:33:27.190 --> 02:33:39.760
Jennifer Griffin: Gianza's facility to the other people that are coming in or waiting on hold. I… there are
several… there are many different IT
111302:33:40.470 --> 02:33:51.610Jennifer Griffin: service providers across the city, etc, etc. So, I think we need to make sure that the protocol…
1114
02:33:51.790 --> 02:33:54.860
Jennifer Griffin: If we're gonna continue these meetings.
111502:33:55.250 --> 02:34:00.160Jennifer Griffin: And you are not having access for your remote
111602:34:00.270 --> 02:34:04.459
Jennifer Griffin: participants, I find that very, very upsetting.
1117
02:34:04.690 --> 02:34:13.130Jennifer Griffin: If this is the route we're going to be going, we need to have a more robust outreach to the public.
1118
02:34:13.270 --> 02:34:21.009
Jennifer Griffin: So that people know that in the course of trying to participate with a multi-hour
111902:34:21.010 --> 02:34:36.049Jennifer Griffin: City Council meeting, planning commission meeting, that the public that is coming in on devices, cell phones, tablets, laptops, etc, etc, that they are taking the risk that they may not be able
1120
02:34:36.060 --> 02:34:39.100
Jennifer Griffin: to participate in city
112102:34:39.250 --> 02:34:48.919Jennifer Griffin: executive functions if it's been deemed that they're not… they have no internet access. I find this very concerning. Thank you.
1122
02:34:50.260 --> 02:34:54.120
Speaker 5 (Community Hall): Thank you, Jennifer. Mayor, no additional requests to speak on this item.
112302:34:55.410 --> 02:35:01.789Speaker 4 (Community Hall): Hey, for purposes of deliberation, do I have a motion for this item?
1124
02:35:02.240 --> 02:35:02.570
Speaker 21 (Community Hall): Huh.
112502:35:02.575 --> 02:35:04.655Speaker 13 (Community Hall): Happy to move the…
112602:35:04.865 --> 02:35:05.505
Speaker 11 (Community Hall): Second.
1127
02:35:05.510 --> 02:35:07.620Speaker 13 (Community Hall): The recommended action.
112802:35:08.330 --> 02:35:15.189Speaker 4 (Community Hall): Okay, so, the Vice Mayor moved, and Councilmember Wang seconded.
1129
02:35:15.395 --> 02:35:19.154
Speaker 11 (Community Hall): Yeah, second. I do have a clarifying question, is that okay?
113002:35:19.155 --> 02:35:23.654
Councilmember Thruen.
113102:35:23.655 --> 02:35:37.955Speaker 11 (Community Hall): I believe our… I believe our caller, Jennifer Griffin, was asking about her
internet service, and if a system-wide service went out, this bill only applies to our broadcast, is that correct?
I just want to get some clarification, like, our ability to broadcast, not their… anyone else's ability to receive.
113202:35:38.295 --> 02:35:39.365Speaker 17 (Community Hall): That's true.
113302:35:40.155 --> 02:35:42.764
Speaker 11 (Community Hall): Okay, cool. Just wanted to clarify that, so hopefully Jennifer's listening.
113402:35:43.680 --> 02:35:45.099Speaker 4 (Community Hall): Thank you. Vice Mayor Cho?
113502:35:45.550 --> 02:36:02.150Speaker 13 (Community Hall): So yeah, I see that the policy does say the meeting shall remain in recess for
at least 1 hour, or until the service is restored, whichever occurs first. Yeah, that makes sense. I have a
question about the
113602:36:02.530 --> 02:36:15.549Speaker 13 (Community Hall): 4.1.3 regarding the closed session. It says the legislative body may convene in closed session during recess if otherwise authorized by law.
1137
02:36:15.690 --> 02:36:27.200
Speaker 13 (Community Hall): What does… so this means if we are having closed session, which has a
hybrid, public comment, and then that somehow was interrupted.
113802:36:27.510 --> 02:36:32.019Speaker 13 (Community Hall): The legislative body can continue that call session?
1139
02:36:32.025 --> 02:36:37.075
Speaker 12 (Community Hall): That's not how I read that. I don't think it applies to,
114002:36:37.325 --> 02:36:41.185Speaker 12 (Community Hall): Basically, what it means to me is, if the service goes out.
114102:36:41.455 --> 02:36:56.065
Speaker 12 (Community Hall): during the period of time that we're waiting while staff is attempting to
reconnect, the Council can have a closed session meeting, which seems odd to me, because you either plan
a closed session or you don't plan a closed session. That's why I read it as.
114202:36:56.830 --> 02:37:05.589
permitted in court session, we can
114302:37:06.060 --> 02:37:08.409Speaker 13 (Community Hall): Have that closed session meeting.
1144
02:37:08.410 --> 02:37:26.360Speaker 12 (Community Hall): So that's if we needed a closed session, and we had agendized a closed session, let's say for later, at the end of the public session meeting, and all of a sudden the public session meeting had to, be paused, then we could…
114502:37:26.580 --> 02:37:31.179
Speaker 13 (Community Hall): The agenda is the close-searching items. Correct. Oh, I see.
114602:37:31.820 --> 02:37:40.570Speaker 13 (Community Hall): This is a little confusing here. I wonder if we might clarify that. Another comment is… Oh, you mean in the policy?
114702:37:40.575 --> 02:37:42.064
Speaker 12 (Community Hall): Yeah, the policy.
114802:37:42.065 --> 02:37:44.665Speaker 13 (Community Hall): Yeah, and another comment is.
114902:37:44.795 --> 02:37:53.454Speaker 13 (Community Hall): I hope to amend the policy to say that we will post a message on the city
homepage.
115002:37:53.905 --> 02:38:01.675Speaker 13 (Community Hall): About the status of any remote meeting that's interrupted, so that the public
115102:38:02.205 --> 02:38:16.635Speaker 13 (Community Hall): can easily check the city homepage. Okay, council meeting is recommended,
and in case they still couldn't get out, might be their own internet issue, because how would they know,
right? It could be an area-wide internet issue that
115202:38:16.635 --> 02:38:23.264Speaker 13 (Community Hall): Maybe the cities has recovered, but not them, and they can easily check the homepage to know the status.
1153
02:38:23.270 --> 02:38:28.389
Speaker 12 (Community Hall): So I would want to check in with the city manager whether that's something
that can be done.
115402:38:28.905 --> 02:38:35.554
planning for.
115502:38:35.755 --> 02:38:42.094Speaker 14 (Community Hall): We could probably put a notice on the YouTube channel where people are
watching. It's going to take…
115602:38:42.455 --> 02:38:53.045Speaker 14 (Community Hall): I'm not sure if we can do it live during a meeting, because the web page updates are done by my communication team. I'll have to have them on… on call, basically, every council meeting.
1157
02:38:53.045 --> 02:38:57.204
Speaker 13 (Community Hall): So convenient, but an easy location for people to find.
115802:38:57.205 --> 02:39:06.205Speaker 14 (Community Hall): I understand, but yeah, that's gonna require a lot of staff time to be present and watching every meeting, to be able to put it on our website.
1159
02:39:06.205 --> 02:39:22.265
Speaker 13 (Community Hall): I think my… what I mean is, every meeting usually has a city clerk or the staff
liaison, right? So, as long as… in case of any interruption, maybe IT can provide an easy way to update.
116002:39:22.705 --> 02:39:25.705Speaker 14 (Community Hall): I can ask if there's an easy way to update, but I know we…
1161
02:39:25.705 --> 02:39:34.835
Speaker 13 (Community Hall): Someone just need to fill out a Google form or something. I'll look into it.
Yeah, you can come back with some suggestions. That would be nice.
116202:39:35.800 --> 02:39:39.229Speaker 14 (Community Hall): Yeah. I'll look into it, I just…
1163
02:39:39.480 --> 02:39:43.969
Speaker 14 (Community Hall): It doesn't sound easy right now in my mind, but I'll check with IT. Yeah.
116402:39:46.920 --> 02:39:48.070Speaker 4 (Community Hall): Councilmember Fuin?
116502:39:48.990 --> 02:40:08.449
Speaker 22 (Community Hall): So I don't know if the… if SP707 requires it, but, we do have a rather lengthy
series of admonitions at the very beginning of our agendas. Could we add to the agenda at least a synopsis
of how this is intended to work in the event that we do lose the service? That way.
116602:40:08.450 --> 02:40:10.739
1167
02:40:10.790 --> 02:40:15.829
Speaker 22 (Community Hall): You're on notice as a member of the public, hey, this connection could be lost.
116802:40:15.960 --> 02:40:25.530Speaker 22 (Community Hall): And Council might choose to continue moving forward with the meeting.
Seems like a simple enough thing to do. Yes, we could do that. Okay. Yeah.
1169
02:40:28.010 --> 02:40:29.340Speaker 12 (Community Hall): Okay.
117002:40:30.500 --> 02:40:34.929Speaker 4 (Community Hall): And my only comment is that currently, when we've had,
1171
02:40:35.060 --> 02:40:40.270
Speaker 4 (Community Hall): a break in the transmission. It's been posted, by staff.
117202:40:40.410 --> 02:40:55.139Speaker 4 (Community Hall): on the YouTube feed, so people are able to see that, and I think most people, that… that would be where they would look. They're trying to watch, the… the council meeting. And I see
next, Councilmember Wang?
1173
02:40:55.555 --> 02:41:07.054Speaker 11 (Community Hall): Yeah, I was just gonna add, I mean, we have emergency broadcast things when we have emergencies, the same thing, we just use the same mechanism, and I see Terry in the back nodding her head. That might be a way to do that, so… just save you some time, donate additional staff time for that.
1174
02:41:12.700 --> 02:41:15.080
Speaker 4 (Community Hall): Yeah, I'm still seeing some
117502:41:15.510 --> 02:41:28.110Speaker 4 (Community Hall): Are these relics? Yeah, you can take… oh, right. Thank you, thank you. Madam City Clerk, will you please set the voting panel lights and conduct the vote?
1176
02:41:35.760 --> 02:41:45.709
Speaker 13 (Community Hall): Oh, can I ask one more question? So, because I got this comment from the
public about,
117702:41:46.150 --> 02:41:56.440Speaker 13 (Community Hall): whether SB707 is applicable to school district or community college board, I believe they… they are not eligible.
1178
02:41:56.610 --> 02:42:00.110
Speaker 13 (Community Hall): Safety called eligible legal body.
117902:42:00.115 --> 02:42:00.855Speaker 7 (Community Hall): Eligible.
1180
02:42:00.860 --> 02:42:06.849Speaker 12 (Community Hall): subsidiary bodies, or perhaps eligible legislative bodies. Yeah. The statute applies to all…
118102:42:06.855 --> 02:42:10.615Speaker 13 (Community Hall): Council with population over 30,000.
1182
02:42:10.615 --> 02:42:21.114Speaker 12 (Community Hall): For this part of 707, yes, but 707 does a lot of different things with the Brown Act, and some apply much more broadly, but for this section, it's only city councils. Okay, thank you.
118302:42:21.115 --> 02:42:21.715Speaker 13 (Community Hall): Thank you.
1184
02:42:22.195 --> 02:42:26.074Speaker 4 (Community Hall): Madam City Clerk, have we all voted? Vice, yeah.
118502:42:26.080 --> 02:42:28.639Speaker 5 (Community Hall): Okay. The motion carries unanimously. All right.
1186
02:42:28.640 --> 02:42:34.420
Speaker 4 (Community Hall): Thank you. Now we move to items removed from the consent calendar, item 13.
118702:42:36.390 --> 02:42:38.600Speaker 4 (Community Hall): And let's go back to that.
1188
02:42:39.370 --> 02:42:47.279
Speaker 4 (Community Hall): Item 13, reappointment of the City of Cupertino's Bike Ped Commission representative.
118902:42:47.680 --> 02:42:51.889Speaker 4 (Community Hall): Herve Marcy to the Santa Clara County VTA.
1190
02:42:52.210 --> 02:42:53.340
Speaker 4 (Community Hall): BPAC.
119102:42:53.920 --> 02:43:00.889
Manager?
119202:43:01.710 --> 02:43:11.029Speaker 14 (Community Hall): No, Mayor, we don't have a presentation, but we have Chad Mosley, Director
of Public Works, available for if there's any questions on this item. Okay.
119302:43:11.035 --> 02:43:20.745Speaker 4 (Community Hall): And the recommended action is to reappoint Bicycle Pedestrian Commissioner Herve Marcy as the City's representative to VTA BPAC for the upcoming term.
119402:43:21.235 --> 02:43:30.115
Speaker 4 (Community Hall): So, Councilmember Wong, you pulled the item. Would you, like to discuss it?
119502:43:30.120 --> 02:43:47.399Speaker 11 (Community Hall): Yeah, we've been talking to a number of residents over the last two to three months about how we're getting comments about ATP, comments about bike, PED, comments about where we are with bike lanes in general, and I was curious to understand why this individual was chosen again to represent
1196
02:43:47.400 --> 02:44:02.880
Speaker 11 (Community Hall): the city and the BPAC, because based on the votes, based on the voting
records, based on the comments that we've seen in some of those meetings, it may not necessarily represent all of the city's views, and where we are today. So I was kind of curious as to why the staff made that recommendation.
119702:44:05.170 --> 02:44:21.309
Speaker 16 (Community Hall): The recommendation was made by the Bicycle Pedestrian Commission
through unanimous vote. My understanding is 4 of the 5 commissioners are not available to be able to
attend those meetings, for the foreseeable future.
119802:44:21.420 --> 02:44:28.109Speaker 16 (Community Hall): And Harvey was able to attend those, and so, he did say he could do that.
1199
02:44:28.590 --> 02:44:33.559
Speaker 11 (Community Hall): Great, I think the clarification's important, because someone pulled…
wanted… someone in the public wanted to pull that.
120002:44:34.340 --> 02:44:38.450Speaker 4 (Community Hall): Alright, so I'm not seeing any further hands raised by members of the Council.
1201
02:44:38.690 --> 02:44:40.740
Speaker 4 (Community Hall): Oh, Vice Mayor?
120202:44:42.240 --> 02:44:50.419Speaker 13 (Community Hall): Yeah, thank you. I do see that it's a unanimous vote by the Bike Pet
1203
02:44:50.530 --> 02:44:57.529
Speaker 13 (Community Hall): Just trying to understand what does… What does this representative do?
120402:44:57.690 --> 02:45:09.140Speaker 13 (Community Hall): Do they… what kind of things they vote on? Does that have to be something the council or the commission has taken a position on for them?
1205
02:45:09.440 --> 02:45:11.590
Speaker 13 (Community Hall): To be able to vote.
120602:45:12.090 --> 02:45:23.370Speaker 16 (Community Hall): Not, not necessarily. You know, the purpose of the VPAC is to, you know, provide expertise and guidance to the board, on promoting and enhancing non-motorized transportation.
1207
02:45:23.450 --> 02:45:32.699
Speaker 16 (Community Hall): opportunities throughout Santa Clara County, and served as a liaison between the VTA and the member agency Bike Ped Commission. So basically.
120802:45:32.930 --> 02:45:36.300Speaker 16 (Community Hall): They provide expertise and guidance.
1209
02:45:36.400 --> 02:45:41.490
Speaker 16 (Community Hall): And they're a liaison between the BPAC and our Bicycle Pedestrian Commission.
121002:45:41.830 --> 02:45:49.129Speaker 13 (Community Hall): Okay, so it's, therefore the bike path commissions choose the representative.
Per the…
1211
02:45:49.130 --> 02:45:56.399Speaker 16 (Community Hall): VTA bylaws, it must be a member of the Bicycle Pedestrian Commission. The city has a Bicycle Pedestrian Commission.
121202:45:56.405 --> 02:45:59.935
Speaker 13 (Community Hall): So, do we currently have any policy on…
1213
02:46:00.195 --> 02:46:07.815Speaker 13 (Community Hall): whether someone representing the Bicycle Backpath Commission can vote on…
121402:46:08.785 --> 02:46:21.805
Speaker 13 (Community Hall): in case they have to take position on any policy issue, is there, for example, I
sit on the Legislative Action Committee of Cities Association, right? So…
121502:46:22.005 --> 02:46:36.485Speaker 13 (Community Hall): A lot of times, some of the representatives from a certain city says, oh, they have to recuse on a certain state bill that we are looking at, because their legislative platform does not cover that particular bill.
1216
02:46:37.065 --> 02:46:43.495Speaker 13 (Community Hall): Or they… yeah, so… I do wonders for people.
121702:46:43.785 --> 02:46:50.774Speaker 13 (Community Hall): I don't know what kind of things that they… Vote on with BPAC.
1218
02:46:51.270 --> 02:47:06.570
Speaker 16 (Community Hall): Yeah, I can't provide you all a list of all the items that they vote on, but again, the point of the BPAC representative is to provide some guidance and, you know, general expertise, you know, their expertise on the subject matter.
121902:47:06.575 --> 02:47:12.895Speaker 13 (Community Hall): But these are not staff members, so these are community members, from
commission, so…
122002:47:13.005 --> 02:47:21.385Speaker 13 (Community Hall): Are they providing expertise, or are they providing their representation for Cupertino residents?
122102:47:21.795 --> 02:47:23.574
Speaker 13 (Community Hall): I'm confused to hear.
122202:47:23.985 --> 02:47:31.215Speaker 13 (Community Hall): Are they supposed to represent themselves as an expert, or they should represent the Cupertino residents?
122302:47:31.215 --> 02:47:40.555
Speaker 16 (Community Hall): I think it's a bit of both, but mostly, themselves as an expert, I think, is part
of it, but they are required to be a member of the agency, the lead agency, I should say.
122402:47:40.785 --> 02:47:46.364Speaker 16 (Community Hall): In this case, a member of Cupertino, whether a resident or somebody who works in Cupertino.
1225
02:47:46.370 --> 02:47:55.860
Speaker 13 (Community Hall): Are they required to represent, for example, a majority opinion of the BPAC
on certain matters, or there is no…
122602:47:55.865 --> 02:48:01.115
guidance and expertise.
122702:48:01.740 --> 02:48:10.880Speaker 13 (Community Hall): For example, I think we had the issue of the… the bus stop in the middle of
the… Floating islands. Floating islands, right.
122802:48:10.990 --> 02:48:21.660Speaker 13 (Community Hall): then… would the… would… I think there is dividing opinion, even for bicycle… bicyclists, every bicyclist on the…
122902:48:22.410 --> 02:48:30.540
Speaker 13 (Community Hall): floating island. So how would a representative take a decision, make a
recommendation on this particular issue?
123002:48:31.005 --> 02:48:34.344Speaker 16 (Community Hall): I'm not sure that that issue would be coming up to the BPAC.
123102:48:34.345 --> 02:48:38.904
Speaker 13 (Community Hall): Not… not coming up, but then as an example.
123202:48:39.105 --> 02:48:42.755Speaker 13 (Community Hall): Would they then vote based on
123302:48:43.385 --> 02:48:58.824Speaker 13 (Community Hall): they bring the issue back to the back pet commission to have a discussion
before they make a recommendation for the circumstances of Cupertino, or would they just represent their
own personal opinion based on
123402:49:00.945 --> 02:49:05.124Speaker 13 (Community Hall): who… which may or may not be applicable to Cupertino.
123502:49:05.125 --> 02:49:09.964
Speaker 16 (Community Hall): talking about a hypothetical, and I could try and get some… we could go
through old…
123602:49:10.125 --> 02:49:14.695Speaker 16 (Community Hall): Agendas to see what the topics are, but typically they're…
123702:49:15.225 --> 02:49:18.755
Speaker 16 (Community Hall): Their responsibilities provide expertise and guidance.
123802:49:18.995 --> 02:49:19.555Speaker 16 (Community Hall): It didn't.
02:49:19.555 --> 02:49:30.524Speaker 13 (Community Hall): This is a pretty practical, example, which VTA has given the CT recommendation on, and then they… I heard they were…
1240
02:49:31.415 --> 02:49:42.665
Speaker 13 (Community Hall): redrew that recommendation, but I haven't seen any written on records that
they are not recommending anymore, so this is, I think, an issue.
124102:49:44.195 --> 02:49:53.554Speaker 13 (Community Hall): It's a good example on… trying to understand the process, or the decision-making process of this representative.
1242
02:49:53.555 --> 02:50:01.635
Speaker 16 (Community Hall): And keep in mind, the BPAC is an advisory committee to the board, so they do not have… they are not voting on anything,
124302:50:02.055 --> 02:50:04.515Speaker 16 (Community Hall): They're providing advice, I should say.
1244
02:50:04.815 --> 02:50:12.794
Speaker 13 (Community Hall): They still vote on their advice, just like commission, they… they vote… still vote on the recommendation to the board. Correct.
124502:50:12.800 --> 02:50:14.520Speaker 16 (Community Hall): Maybe they vote on the advisors.
1246
02:50:15.120 --> 02:50:21.539
Speaker 13 (Community Hall): Yeah, so I'm trying to understand how a representative… are they representing?
124702:50:21.680 --> 02:50:27.150Speaker 13 (Community Hall): the CT, or… Themselves as the experts.
1248
02:50:27.435 --> 02:50:32.954
Speaker 16 (Community Hall): are representing the city and providing expertise and guidance. Okay, thank you.
124902:50:35.000 --> 02:50:50.989Speaker 11 (Community Hall): Councilmember Wong? Yeah, actually, I was wondering if there's a way that we can stipulate that any votes actually do reflect the city's opinion, or the loyalties do sit with the city as
opposed to the individual's opinion. Is there a way to do that, or is that the way the committee's set up? Just
a clarification of, Vice Mayor Chao's question.
125002:50:52.420 --> 02:51:00.339Speaker 12 (Community Hall): I'm not sure that that person would necessarily know the position of the city,
1251
02:51:00.460 --> 02:51:01.800
Speaker 12 (Community Hall): So it's difficult.
125202:51:01.800 --> 02:51:19.150Speaker 13 (Community Hall): I think in that case, then the person should recuse. That's usually what the council member did at the city's association. I mean, if the city doesn't have a clear position on an issue,
they recuse. Or the issue might be have conflicting opinion from a city, you recuse.
1253
02:51:21.900 --> 02:51:24.520Speaker 13 (Community Hall): And… but then, as soon as we don't have…
125402:51:24.525 --> 02:51:29.045Speaker 4 (Community Hall): Mayor, you're out of turn. Councilmember Wong has the floor. I'm done.
1255
02:51:29.365 --> 02:51:34.005
Speaker 4 (Community Hall): Sorry, I'll clear it out. Okay, thank you. Vice Mayor?
125602:51:35.130 --> 02:51:37.940Speaker 13 (Community Hall): Sorry, I'm… Yeah, I… All yours.
1257
02:51:38.420 --> 02:51:42.970
Speaker 13 (Community Hall): Yeah, I was just trying to clarify. Okay, I'm done, yeah.
125802:51:43.490 --> 02:51:49.010Speaker 4 (Community Hall): Thank you. Madam City Clerk, do we have any members of the public who'd like to speak on this item?
1259
02:51:49.015 --> 02:51:51.995
Speaker 5 (Community Hall): I see no requests to speak. Right.
126002:51:52.760 --> 02:51:57.049Speaker 4 (Community Hall): Thank you. So, do we have a motion on the recommended action? I'll move.
1261
02:51:57.055 --> 02:51:59.805
Speaker 22 (Community Hall): Recommended action. More second?
126202:52:00.530 --> 02:52:08.200Speaker 4 (Community Hall): Seeing no request to speak, Madam City Clerk, will you please set the voting lights? And we will prepare to vote.
1263
02:52:12.930 --> 02:52:14.689
Speaker 5 (Community Hall): The motion carries with Wong voting no.
126402:52:14.900 --> 02:52:15.820Speaker 5 (Community Hall): Okay.
1265
02:52:16.750 --> 02:52:22.219
Speaker 4 (Community Hall): So, we have finished… All of our action items…
126602:52:23.470 --> 02:52:27.600Speaker 4 (Community Hall): We have informational items, which you may peruse.
1267
02:52:28.460 --> 02:52:29.970
Speaker 4 (Community Hall): on your own.
126802:52:30.080 --> 02:52:43.000Speaker 4 (Community Hall): We will be looking at the TBD items in upcoming meetings, so please, if you have some other agenda TBD items that you would like, added, please do so.
1269
02:52:43.090 --> 02:52:56.789
Speaker 4 (Community Hall): And before we conclude tonight, I would like to honor a very important figure
in American history and a Cupertino resident, Dr. Clarence B. Jones.
127002:52:56.790 --> 02:53:07.720Speaker 4 (Community Hall): As the personal attorney and speechwriter to Martin Luther King, Jr, Dr. Jones helped craft the opening paragraphs of the I Have a Dream speech.
1271
02:53:07.720 --> 02:53:18.029
Speaker 4 (Community Hall): When Martin Luther King Jr. was jailed in Birmingham in 1963, it was Dr. Jones
who smuggled his handwritten notes out of that cell.
127202:53:18.310 --> 02:53:36.090Speaker 4 (Community Hall): Giving the world the letter from Birmingham Jail. In his later years, he continued to serve as a scholar in residence at Stanford University's Martin Luther King, Jr. Research and Education Institute, sharing his witness to history with the next generation.
1273
02:53:36.390 --> 02:53:55.079Speaker 4 (Community Hall): In 2024, President Biden awarded him the Presidential Medal of Freedom, the nation's highest civilian honor, yet through it all, he chose to spend his final years right here as our neighbor, passing away peacefully in Cupertino on May 22nd, at the age of 95.
127402:53:55.170 --> 02:54:05.210
Speaker 4 (Community Hall): His legacy is immortal, as is his impact. This meeting stands adjourned in
honor of Dr. Clarence B. Jones.
127502:54:18.300 --> 02:54:19.170Speaker 4 (Community Hall): Just don't.