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HomeMy WebLinkAboutPC 02-10-2026 Youtube and Zoom TranscriptWEBVTT 1 00:00:13.480 --> 00:00:19.999 Community Hall: Welcome to the Cupertino Planning Commission meeting of Tuesday, February 10th, 2026. 2 00:00:20.350 --> 00:00:23.790 Community Hall: I hope you will join us for the Pledge of Allegiance. 3 00:00:43.910 --> 00:00:46.849 Community Hall: Thank you. Madam City Clerk, may we have a roll call, please? 4 00:00:47.330 --> 00:00:49.370 Community Hall: Commissioner Feng? Present. 5 00:00:49.540 --> 00:00:51.000 Community Hall: Commissioner Linskog? 6 00:00:51.840 --> 00:00:52.610 Seema Lindskog, Commissioner: present. 7 00:00:55.190 --> 00:00:56.470 Community Hall: Commissioner Linskog? 8 00:00:57.490 --> 00:00:58.330 Seema Lindskog, Commissioner: present. 9 00:00:58.850 --> 00:01:00.639 Community Hall: Commissioner Linsko, you might be on mute. 10 00:01:01.530 --> 00:01:02.750 Seema Lindskog, Commissioner: No, I'm not. 11 00:01:03.130 --> 00:01:04.810 Community Hall: Oh, we can hear you. We can hear you now. 12 00:01:05.349 --> 00:01:05.909 Seema Lindskog, Commissioner: Oh. 13 00:01:06.019 --> 00:01:06.949 Seema Lindskog, Commissioner: Present. 14 00:01:07.700 --> 00:01:08.780 Community Hall: Commissioner Scharf? 15 00:01:08.970 --> 00:01:13.830 Community Hall: Present? Vice Chair Casolcheron? Present. Chair Rao? Present. 16 00:01:16.120 --> 00:01:20.729 Community Hall: Thank you, Madam City Clerk. The first item on the agenda will be the election of 17 00:01:20.900 --> 00:01:24.309 Community Hall: the chair and vice chair and the appointments. We will do this one… 18 00:01:24.470 --> 00:01:28.540 Community Hall: One election at a time, starting with the election of the chair first. 19 00:01:29.110 --> 00:01:34.620 Community Hall: Are there any comments that staff would like to make on this item? 20 00:01:43.540 --> 00:01:44.810 Community Hall: No? No. 21 00:01:46.100 --> 00:01:48.480 Community Hall: No comments from staff.com. Okay, very good. 22 00:01:48.740 --> 00:01:55.230 Community Hall: Are there any clarifying questions from commissioners on this item? And we're specifically talking about the election of the chair. 23 00:01:56.750 --> 00:01:58.739 Community Hall: Okay, seeing none, I will… 24 00:01:59.030 --> 00:02:13.549 Community Hall: open it up for public comments on item number one. Public comments will be for all elections listed in the agenda item. That includes the election of the chair, the vice chair, the election of the Housing Commission representative. 25 00:02:13.710 --> 00:02:21.379 Community Hall: and the, election of the Economic Development Committee representatives. So any members of the public that wish to comment on this, now would be the time to do that. 26 00:02:24.010 --> 00:02:32.019 Community Hall: We have no speakers in person, and no hands raised on Zoom. Thank you, Madam City Clerk. We have no public comments on Item 1. I'm going to close the… 27 00:02:32.260 --> 00:02:36.610 Community Hall: close the, public comment on item 1, and I will… 28 00:02:36.810 --> 00:02:41.009 Community Hall: Open it up for, the first item, which is the… 29 00:02:41.200 --> 00:02:48.700 Community Hall: election of the chair for the Planning Commission for the upcoming year, and I will kick it off with a motion to 30 00:02:48.900 --> 00:02:53.620 Community Hall: elect Vice Chair Tracy Kosolsharon to the Chair of the Planning Commission. 31 00:02:53.760 --> 00:02:55.849 Community Hall: Do I have a second? I'll second that. 32 00:02:56.620 --> 00:02:59.030 Community Hall: Thank you, Madam City Clerk. We have a… 33 00:02:59.460 --> 00:03:04.659 Community Hall: Motion and a second. I'll open it up for public comment, I mean, for discussions, if commissioners would like to… 34 00:03:05.060 --> 00:03:06.070 Community Hall: Add anything? 35 00:03:10.160 --> 00:03:11.420 Community Hall: No discussions? 36 00:03:12.990 --> 00:03:18.260 Community Hall: Okay, seeing none, we will run a vote by voice, Madam City Clerk. Thank you. 37 00:03:18.460 --> 00:03:19.740 Community Hall: Commissioner Fung? 38 00:03:19.990 --> 00:03:22.379 Community Hall: Aye. Commissioner Linskog? 39 00:03:23.360 --> 00:03:24.110 Seema Lindskog, Commissioner: Aye. 40 00:03:24.690 --> 00:03:28.010 Community Hall: Commissioner Scharf? Aye. Vice Chair Casolshron? 41 00:03:28.500 --> 00:03:40.239 Community Hall: Aye. Chair Rowe? Aye. The motion carries unanimously. Wonderful. Congratulations, let me be the first to congratulate our Vice Chair, Tracy Kosol-Sharon, for becoming the new Planning Commission Chair for the 42 00:03:40.330 --> 00:03:53.879 Community Hall: For the upcoming year, the current chair will complete this item, and then we will transition the role and responsibility of the chair. So the next item on the same agenda is the election of the Vice Chair. Do I have a motion for Vice Chair? 43 00:03:54.290 --> 00:04:17.100 Community Hall: Yes, I'd like to make a motion, and before that, I'd like to briefly comment. Thank you very much to this Commission for nominating me as chair. It is an honor to serve you in this capacity, and, Chair Rao, or former Chair Rao, it's, you've done a great service for our group in always trying to help find consensus and, you know, always making sure that everyone has had time to ask their questions. 44 00:04:17.100 --> 00:04:20.039 Community Hall: So, I appreciate that, and I hope to continue that. 45 00:04:20.140 --> 00:04:24.709 Community Hall: So for, Vice Chair, I would like to nominate Commissioner Scharf. 46 00:04:25.050 --> 00:04:26.530 Community Hall: I can second that. 47 00:04:27.200 --> 00:04:28.420 Community Hall: Any discussion? 48 00:04:30.640 --> 00:04:32.539 Community Hall: Commissioner Shaw, do you accept? 49 00:04:33.230 --> 00:04:36.940 Community Hall: Yes, I accept, thank you. Hey, so do we have any discussion? 50 00:04:37.600 --> 00:04:45.050 Community Hall: Seeing no discussion, we will take a vote by voice, Madam City Clerk. Commissioner Feng? Aye. Commissioner Linskog? 51 00:04:45.970 --> 00:04:46.740 Seema Lindskog, Commissioner: Aye. 52 00:04:47.210 --> 00:05:01.200 Community Hall: Commissioner Scharf? Aye. Vice Chair Casolstrong? Aye. Chair Rowe? Aye. The motion carries unanimously. Thank you, Madam City Clerk. I want to congratulate our former chair, and now Vice Chair, and former Commissioner, or 53 00:05:01.770 --> 00:05:15.420 Community Hall: I guess, current commissioner and current voice chair, sure, for, once again, taking a role that you're all too familiar with, so thank you for that. So with that, we now move on to the next part of this agenda item, which is the election of the 54 00:05:15.530 --> 00:05:26.079 Community Hall: Housing Committee non-voting representative. This is a member of the commission that gets to attend the Housing Commission. They do not get to vote, but they do get to attend and participate, so do we have a nomination for 55 00:05:26.210 --> 00:05:30.160 Community Hall: our Housing Commission not voting representative. 56 00:05:32.100 --> 00:05:33.720 Community Hall: Do we have a volunteer? 57 00:05:34.300 --> 00:05:44.400 Community Hall: I'd be happy to continue in that role if the other commissioners agree. Okay, is… anybody… Has a… 58 00:05:45.210 --> 00:05:50.300 Community Hall: Are we… are we gonna take a second on that, or is anyone else wanting to offer up, or we… 59 00:05:51.140 --> 00:05:58.699 Community Hall: Okay, so then I will second Commissioner Scharf, or now Vice Chair Scharf, for continuing to do the honors of attending the Housing Commission. 60 00:05:58.910 --> 00:06:03.380 Community Hall: We have a motion… we have a motion and a second. Do we have any discussion or a substitute? 61 00:06:04.340 --> 00:06:05.630 Community Hall: Okay, seeing none. 62 00:06:05.910 --> 00:06:10.649 Community Hall: If we can do a vote by voice, Madam City Clerk. Commissioner Fung? 63 00:06:11.420 --> 00:06:12.190 Community Hall: Aye. 64 00:06:12.300 --> 00:06:13.710 Community Hall: Commissioner Linskog? 65 00:06:14.590 --> 00:06:15.270 Seema Lindskog, Commissioner: Aye. 66 00:06:15.850 --> 00:06:32.419 Community Hall: Commissioner Rao? Aye. Vice Chair Scharf? Aye. Chair Casolshron? Aye. The motion carries unanimously. Wonderful, thank you. Congratulations, Vice Chair Scharf, for, electing to spend your evenings with the Housing Commission. I hope you enjoy their company as much as you enjoy ours. 67 00:06:32.710 --> 00:06:50.549 Community Hall: Those are good meetings, they're very important, and I think they don't happen that often, so it's, it's fine. Wonderful. I didn't miss one. Wonderful, thank you. So the next item on this agenda is the, election of the Economic Development Committee Representative for the upcoming year. 68 00:06:50.840 --> 00:06:55.670 Community Hall: Seeing that the term for the previous one was barely one meeting, I believe? 69 00:06:55.820 --> 00:07:09.950 Community Hall: Was it one meeting? Yeah, I can briefly comment. So we've had two meetings so far, and I believe there's three remaining for the year. That said, I am happy to yield that position if anyone else here is interested. 70 00:07:10.410 --> 00:07:21.199 Community Hall: And to add to that, I believe the meeting is in the daytime hours, so it will be working hours for anybody that's working. Yes, usually around 2 o'clock. 2 o'clock in the afternoon, very good. Do we have… 71 00:07:21.570 --> 00:07:32.399 Community Hall: I'm willing to nominate that we continue our Chair Casol Seron as a rep, given she's only attended one meeting so far, and it's been barely a month. Right, I'll second that. Okay. Do we have any… 72 00:07:32.540 --> 00:07:45.120 Community Hall: discussion or substitutes, okay? We look forward to hopefully seeing more meetings that, Chair Casol Sharon can attend, so we'll go to a vote by voice for the election of the EDC rep. 73 00:07:45.410 --> 00:07:48.870 Community Hall: Commissioner Fung? Aye. Commissioner Linskogg? 74 00:07:49.730 --> 00:07:50.420 Seema Lindskog, Commissioner: Aye. 75 00:07:51.110 --> 00:07:55.030 Community Hall: Commissioner Sharp? Aye. Oh, sorry, Vice Chair Sharp? 76 00:07:55.410 --> 00:08:11.740 Community Hall: Also, aye. Still one vote. Commissioner Rao? Aye. Chair Casolshron? Aye. The motion carries unanimously. Thank you, Madam City Clerk. So, with that, we have completed the election of all four positions in Agenda Item 1. 77 00:08:11.950 --> 00:08:30.699 Community Hall: And I believe we have concluded agenda Item 1. What we will now do is take a 5-minute break, where the video team can hopefully turn off the feed. We will allow for a swap in position of the chair and vice chair, and any sort of acclimatization for the new chair, and then we'll pick up 78 00:08:30.890 --> 00:08:35.549 Community Hall: Agenda item 2 with the new chair. Thank you. If we may take a 5-minute break, please. 79 00:14:46.730 --> 00:14:57.719 Community Hall: Okay, thank you everyone for patiently waiting. We are ready to move on to agenda item number 2, which is approval of the December 9th, 2025 Planning Commission minutes. Do we have a motion to approve the minutes? 80 00:14:59.410 --> 00:15:02.320 Community Hall: So I'll make a… I'll make a motion to approve the minutes. 81 00:15:02.580 --> 00:15:03.840 Community Hall: A second? 82 00:15:06.330 --> 00:15:12.570 Community Hall: City Clark, we have a voice vote on this? Okay. Commissioner Fung? Aye. Commissioner Linskog? 83 00:15:13.050 --> 00:15:14.430 Seema Lindskog, Commissioner: Aye. 84 00:15:14.430 --> 00:15:22.140 Community Hall: Commissioner Rao? Aye. Vice Chair Scharf? Aye. Chair Casolshron? Aye. The motion carries unanimously. 85 00:15:23.150 --> 00:15:33.569 Community Hall: Moving on, do we have any postponements? No postponements. Then moving to oral communications, do we have any oral communications? 86 00:15:37.040 --> 00:15:40.560 Community Hall: We have no speakers in person, and no hands raised on Zoom, Chair. 87 00:15:40.980 --> 00:15:50.000 Community Hall: Okay, moving along. We will go to agenda item number 3, which is the 2026 Planning Commission meeting schedule. Do we have a staff report for this? 88 00:15:51.860 --> 00:15:52.650 Community Hall: Yesterday. 89 00:15:53.640 --> 00:16:08.319 Community Hall: There we go. Briefly, this is what we do annually, then, to set the calendar dates for the Planning Commission, which meets the second and fourth Tuesdays. I think most of the focus is on where there could be some issues with holidays. 90 00:16:08.400 --> 00:16:21.829 Community Hall: I don't believe there are that many, perhaps Labor Day, but it's really just setting out the schedule for the year. In recent years, the Planning Commission has paralleled the City Council and not met in August. 91 00:16:22.040 --> 00:16:31.440 Community Hall: And I think similarly, the second meetings in November and December had also been canceled for the holidays, but you're free to select whichever meeting dates you'd like. 92 00:16:33.930 --> 00:16:37.039 Community Hall: Oh, when is the Planning Commissioner Academy? 93 00:16:37.870 --> 00:16:45.040 Community Hall: March 11th through 13, so it's about a month off. Right, so March 10th might be an issue, then. 94 00:16:45.920 --> 00:16:50.129 Community Hall: We might be traveling that day. That is a very good point, yes. 95 00:16:51.950 --> 00:16:55.099 Community Hall: Is it possible to move faster? 96 00:16:55.350 --> 00:16:58.520 Community Hall: Is it possible to move the meeting for the March? 97 00:16:59.890 --> 00:17:04.730 Community Hall: Could, if the 10th is a Tuesday, and that could be a travel day… 98 00:17:05.700 --> 00:17:10.579 Community Hall: We could check, depending on what the options are, because obviously you have one on the 24th. 99 00:17:11.670 --> 00:17:17.639 Community Hall: It could be moved up, or we would have to see, too, because one of the issues that's hard to answer offhand is the availability of this room. 100 00:17:18.010 --> 00:17:23.620 Community Hall: And I don't believe that needs to be decided now. The chair could make the decision with staff at a later time. 101 00:17:24.040 --> 00:17:30.060 Community Hall: Yeah, I think if… If there is a desire to move that, we can check on availability, 102 00:17:30.250 --> 00:17:37.310 Community Hall: If the meeting's not going to be canceled, we should probably find an alternate date for anybody who's arriving in Southern California for the 11th. 103 00:17:37.610 --> 00:17:40.090 Community Hall: That might be tough traveling. 104 00:17:41.550 --> 00:17:49.099 Community Hall: Okay, so the course of action for this would be to just keep the current March meeting date, and as we approach, we would move it? Correct. Okay. 105 00:17:50.020 --> 00:17:55.199 Community Hall: Does anyone else on this commission have a comment or question around the schedule? 106 00:17:57.990 --> 00:18:02.080 Community Hall: I think there were a few errors in the staff report. 107 00:18:03.400 --> 00:18:05.779 Community Hall: I don't know if, 108 00:18:06.290 --> 00:18:10.519 Community Hall: staff have found those errors and would like to clarify, but I think you had 109 00:18:11.260 --> 00:18:15.749 Community Hall: the December 23rd called out, but I think the Tuesday is the 22nd. 110 00:18:17.010 --> 00:18:21.509 Community Hall: And you're saying the Christmas Eve is 2 days after 23rd, which wouldn't be correct? 111 00:18:22.350 --> 00:18:23.120 Community Hall: Okay. 112 00:18:23.540 --> 00:18:29.359 Community Hall: I did not catch the date errors. If we open the staff report for this item… 113 00:18:30.590 --> 00:18:37.969 Community Hall: Which, for some reason, I'm having trouble doing right now. I've got the schedule open, but I'm not able to open the staff report for some reason. 114 00:18:39.430 --> 00:18:42.620 Community Hall: And so, just to clarify, I think what… 115 00:18:42.920 --> 00:18:49.260 Community Hall: what the staff report is saying here is the 22nd, I believe. That would be the Tuesday, is that right? 116 00:18:51.260 --> 00:18:52.700 Community Hall: Just want to confirm that. 117 00:18:54.660 --> 00:19:01.279 Community Hall: There was some confusion around the dates listed here, so… December 22nd is the Tuesday? 118 00:19:03.940 --> 00:19:06.009 Community Hall: Let me see if I can… yep. 119 00:19:08.230 --> 00:19:14.040 Community Hall: And so I assume, if we were to… So, okay, so… 120 00:19:14.220 --> 00:19:20.380 Community Hall: So, does staff have a recommendation here? What are we doing? We're talking about for December here? 121 00:19:20.980 --> 00:19:26.430 Community Hall: Typically, that meeting has not occurred for several years at all, the second meeting in December. 122 00:19:28.320 --> 00:19:33.350 Community Hall: That is probably the final workday before the closure as well. 123 00:19:33.500 --> 00:19:35.059 Community Hall: Would be the 22nd. 124 00:19:37.040 --> 00:19:39.200 Community Hall: So, we could keep that. 125 00:19:39.320 --> 00:19:47.820 Community Hall: Or we could move it up, but typically we have not had that meeting at all. But you are referring to the 22nd, right? Yes, the 22nd of December, correct, the Tuesday. 126 00:19:47.980 --> 00:19:49.719 Community Hall: It's correct in the calendar. 127 00:19:55.140 --> 00:19:57.249 Community Hall: Do we have any other clarifying questions? 128 00:19:57.790 --> 00:19:59.480 Community Hall: Yes, I will nitpick. 129 00:19:59.730 --> 00:20:00.550 Community Hall: Here. 130 00:20:00.840 --> 00:20:04.349 Community Hall: Could you spell… please spell canceled correctly? 131 00:20:05.330 --> 00:20:12.890 Community Hall: It's spelled correctly at the beginning, but then it changes to British English at the end. So you'd prefer it with one L? 132 00:20:13.070 --> 00:20:20.470 Community Hall: Yeah, that's American English as well. I do, too. I didn't realize that. And it is with one L at the beginning, and then it switches to two L's further down. 133 00:20:20.650 --> 00:20:23.619 Community Hall: I would be happy to use American English throughout. 134 00:20:25.930 --> 00:20:29.729 Community Hall: Okay, if there are no other questions, then we'll open up for public comment. 135 00:20:30.100 --> 00:20:31.820 Community Hall: Any comments on this? 136 00:20:34.830 --> 00:20:38.380 Community Hall: We have no speakers in person, and no hands raised on Zoom, Chair. 137 00:20:38.520 --> 00:20:45.150 Community Hall: Thank you. Okay, so bringing it back to this commission, does anyone have comments on desired schedule? 138 00:20:46.040 --> 00:20:55.700 Community Hall: I'd probably make a motion that we cancel the November 24th and the December 22nd, which is the week of Thanksgiving and Christmas. 139 00:20:56.850 --> 00:20:58.170 Community Hall: Do I have a second? 140 00:20:58.310 --> 00:20:59.349 Community Hall: I'll second that. 141 00:21:04.390 --> 00:21:11.810 Community Hall: Before we proceed, Chair, just wanted to note that there's August meetings that are proposed to be canceled as well, to align the recess with the Council. 142 00:21:12.610 --> 00:21:15.970 Community Hall: Are you motion? No, my motion is… 143 00:21:16.180 --> 00:21:20.290 Community Hall: to cancel the meeting the week of Thanksgiving and the week of Christmas. 144 00:21:20.690 --> 00:21:25.259 Community Hall: I don't believe, yeah, that's it. That's the motion, and the second. 145 00:21:30.260 --> 00:21:34.119 Community Hall: Would you be interested in amending that to go ahead and adopt the entire calendar? 146 00:21:34.910 --> 00:21:38.730 Community Hall: I doubt there'll be any conflict on those two days. 147 00:21:39.040 --> 00:21:42.019 Community Hall: You mean the Memorial Day and Labor Day? 148 00:21:47.880 --> 00:21:52.200 Community Hall: What was the… It's the proposed calendar… the proposed calendar that they had here. 149 00:21:54.110 --> 00:22:01.750 Community Hall: I mean, we can… we can do it piecewise. Yeah, I was… I was gonna leave it as it is, because we haven't canceled in May and September previously. 150 00:22:02.350 --> 00:22:05.929 Community Hall: I don't believe we canceled me in September in the past. 151 00:22:07.170 --> 00:22:12.879 Community Hall: And, you know, the chair can always make the call as the date approaches working with staff, so… 152 00:22:13.480 --> 00:22:25.730 Community Hall: I guess we get enough cancellations that we'll give the predicator to the chair at the… as the meeting approaches. But this calendar doesn't say anything about cancellations since September, it's in August. Yeah. 153 00:22:25.890 --> 00:22:28.369 Community Hall: No, there is a September 8th. 154 00:22:28.570 --> 00:22:47.359 Community Hall: Day after Labor Day. Are you on page 2 of the staff report? I am. Is… is that proposed to be canceled? September 8th? I don't see that it's… He's on the calendar, and you're on the staff report. Oh, I'm on the staff report. I'm sorry, okay. So in the calendar, it does not show anything canceled in September. Yeah. It does… 155 00:22:47.720 --> 00:23:02.200 Community Hall: propose considering… or, well, it notes that August is Council Recess, and that we have historically canceled both of those meetings. I'm open to keeping them, and we can just evaluate. If we don't have anything, we can cancel them right beforehand. 156 00:23:02.200 --> 00:23:11.850 Community Hall: That's fine with me. Yeah, so the motion on the floor is that we cancel the week of Thanksgiving and the week of Christmas. That's the only two cancellations as of now. The chair can always make other changes in future. 157 00:23:13.170 --> 00:23:17.029 Community Hall: Again, just, just, just to point out, since those are the… 158 00:23:17.800 --> 00:23:20.649 Community Hall: to the summer recess, I mean, some… 159 00:23:21.050 --> 00:23:22.880 Community Hall: Yeah, I keep pressing this button. 160 00:23:23.310 --> 00:23:32.080 Community Hall: And it's, is this working now? Yeah, just, just to point out, just a few information for, 161 00:23:32.400 --> 00:23:46.859 Community Hall: this commission that we previously canceled that aligned with the council recess, because generally those are the summer months, and, you know, people only make vacation plans, and so it's just… it's just something in order to plan your calendar, so… 162 00:23:49.490 --> 00:23:50.370 Community Hall: I see. 163 00:23:50.490 --> 00:23:54.239 Community Hall: Yeah, I would just comment… I would comment in support of removing those. 164 00:23:54.570 --> 00:23:59.770 Community Hall: removing the August dates. Of course, we can change those. We could add one if there was some reason. 165 00:24:00.020 --> 00:24:04.769 Community Hall: And that we would keep the September 8th date, even though that is close to Labor Day. 166 00:24:05.300 --> 00:24:10.319 Community Hall: You know, by virtue of the fact that we had not met in August. 167 00:24:10.800 --> 00:24:13.369 Community Hall: It looks like Commissioner Linscogg has her hand raised? 168 00:24:14.210 --> 00:24:19.529 Seema Lindskog, Commissioner: Yeah, I just wanted to make a comment. I think, to, Attorney Wu's. 169 00:24:19.530 --> 00:24:25.669 Community Hall: Is there a way to speak up? Are we able to hear? Maybe the video team can increase the volume in the room? 170 00:24:26.050 --> 00:24:26.770 Seema Lindskog, Commissioner: Can you hear me now? 171 00:24:26.770 --> 00:24:29.489 Community Hall: And here, Commissioner Lindskog a little bit louder. 172 00:24:30.570 --> 00:24:31.680 Community Hall: Maybe a room? 173 00:24:32.510 --> 00:24:33.560 Seema Lindskog, Commissioner: Can you hear me now? 174 00:24:34.830 --> 00:24:36.220 Community Hall: I can hear you, it's just faint. 175 00:24:36.870 --> 00:24:39.090 Seema Lindskog, Commissioner: Oh. Weird. Hmm. 176 00:24:39.090 --> 00:24:43.200 Community Hall: be a pro… it might be an issue in the room. Yeah, I don't think it's on your end, Commissioner Linscock. 177 00:24:43.730 --> 00:24:46.220 Community Hall: Can the video team increase the volume in the room? 178 00:24:47.970 --> 00:24:50.060 Community Hall: Or increase Commissioner Lynch Cox volume. 179 00:24:51.640 --> 00:24:53.730 Seema Lindskog, Commissioner: Hello, hello, hello, hello. 180 00:24:53.730 --> 00:24:55.070 Community Hall: I think that's better. That's better. 181 00:24:55.070 --> 00:25:03.769 Seema Lindskog, Commissioner: Okay, good. So, I guess my point was, we have to be respectful of staff's need to be able to plan their schedule and to be able to have 182 00:25:03.770 --> 00:25:15.550 Seema Lindskog, Commissioner: vacations with their children and their families, so I think, you know, aligning with the council agenda, I mean, of taking a break in August would 183 00:25:15.550 --> 00:25:24.820 Seema Lindskog, Commissioner: You know, give the staff a chance to, you know, plan their vacation schedules for the year, and that seems like… that seems appropriate for us to do. 184 00:25:28.480 --> 00:25:41.679 Community Hall: That sounds fair and reasonable. I'm… I'm hoping to, reverting to the… Proposed plan of, just canceling… 185 00:25:42.250 --> 00:25:52.909 Community Hall: Actually, so… would this be a friendly amendment? So I'm not accepting the friendly amendment, I just want to clarify. So, I think we have had two months of cancellations in December and Jan. 186 00:25:53.090 --> 00:26:02.580 Community Hall: And so I'd just like to try and let the chair decide as the meetings approach, because what happens is, based on my experience, we cancel far more than what the calendar suggests, so… 187 00:26:02.770 --> 00:26:11.339 Community Hall: giving the chair and staff the prerogative to cancel as you approach is probably… and you might always reconvene again in June and make that decision, but that's just my… 188 00:26:11.520 --> 00:26:16.529 Community Hall: My take was the proposer of the motion. Anyone is free to make a substantive motion. 189 00:26:16.920 --> 00:26:19.520 Seema Lindskog, Commissioner: Yep, I'd like to make a substitute motion. 190 00:26:19.520 --> 00:26:24.140 Community Hall: Before… excuse me, I'm sorry, Commissioner Linskong. So… 191 00:26:24.320 --> 00:26:36.359 Community Hall: Commissioner Rao, you made a motion previously, I think it was seconded by… by Chair Khososharin, and so at this point, there is a motion and a second on the floor. Are you withdrawing your second? 192 00:26:39.820 --> 00:26:46.930 Community Hall: Oh, I was asking if the motioner would be willing to amend, and it sounds like they were not, so… 193 00:26:47.420 --> 00:26:51.159 Community Hall: does that answer your question? 194 00:26:51.220 --> 00:27:04.700 Community Hall: So then you're withdrawing your second. No, that's not what I heard. I'll second if… I'll keep my second. Okay. Then there's a motion and a second to cancel only the two meetings and… 195 00:27:04.740 --> 00:27:13.100 Community Hall: December and November. And so, unless we have a substitute motion, then the Madame City Clerk could take a roll call vote. 196 00:27:13.890 --> 00:27:15.740 Seema Lindskog, Commissioner: Can I make a substitute motion? 197 00:27:20.120 --> 00:27:23.980 Community Hall: There was a certain… Yes. Commissioner, you can make a substitute motion. 198 00:27:24.500 --> 00:27:38.409 Seema Lindskog, Commissioner: Okay, so I'd like to make a substrate motion that we follow the Council, agenda, and we canceled the meetings in August, and the last meeting in November and December. So we align with the Council. 199 00:27:38.590 --> 00:27:39.450 Seema Lindskog, Commissioner: Schedule. 200 00:27:40.700 --> 00:27:42.340 Community Hall: No, I will second that. 201 00:27:51.140 --> 00:27:54.100 Community Hall: You can take the roll call vote on the substitute motion. 202 00:27:54.520 --> 00:28:03.930 Community Hall: I actually have a question for staff. I… I do take the point that Commissioner Linskogg made to heart, and I'm curious if… 203 00:28:05.130 --> 00:28:12.560 Community Hall: you know, how much advance notice you typically prefer on… on meetings, and, you know, if we kept the August meeting. 204 00:28:13.290 --> 00:28:15.919 Community Hall: Would we be able to evaluate 205 00:28:16.070 --> 00:28:18.350 Community Hall: One to two months in advance. 206 00:28:18.710 --> 00:28:26.080 Community Hall: Whether it was still necessary, and would that be enough time for staff to make whatever arrangements they need? 207 00:28:27.150 --> 00:28:33.670 Community Hall: It's a difficult question, and it probably affects me less than some other people who I think 208 00:28:34.070 --> 00:28:37.250 Community Hall: typically plan their longer vacations in August. 209 00:28:37.800 --> 00:28:50.560 Community Hall: Obviously people take summer vacations anyway, but I… my experience here, because of the Council's August recess, is more people tend to take longer vacations during that period. 210 00:28:51.350 --> 00:28:56.419 Community Hall: So, if you were trying to plan a trip to Europe, it might affect you if you only had one month notice. 211 00:28:58.010 --> 00:29:02.510 Community Hall: And I will just add, Chair, that the… 212 00:29:03.040 --> 00:29:09.770 Community Hall: Vacation schedule of any one person, either staff or commissioners, wouldn't affect the meeting in itself unless we did have courtroom. 213 00:29:10.410 --> 00:29:12.300 Community Hall: So, just wanted to add there. 214 00:29:13.100 --> 00:29:13.780 Community Hall: True. 215 00:29:14.750 --> 00:29:15.839 Community Hall: Yes, thank you. 216 00:29:18.270 --> 00:29:26.849 Community Hall: Yeah, your mic is off, but I can still hear you. Okay, thank you very much, Chair. Chair, I just want to kind of follow up on this discussion here, is… 217 00:29:26.850 --> 00:29:40.130 Community Hall: Part of the early cancellation also is the transparency to the public as well, so the members of the public can kind of plan ahead and knowing what may be coming down the pipeline, and plan their schedule as well. So I just want to throw that in there for your consideration. Thank you. 218 00:29:41.480 --> 00:29:50.539 Community Hall: Thank you. Are we ready for a voice vote on the substitute motion? Any other comments? Can the City Clerk clarify the substitute motion, please? 219 00:29:51.240 --> 00:29:59.849 Community Hall: The substitute motion is for… to follow the Council agenda to Council the meetings in August, the last meeting in November and December. 220 00:30:05.720 --> 00:30:11.580 Community Hall: Sorry, so it's to keep the meetings in August and cancel in November and December? No. No, to cancel the meetings in August. 221 00:30:13.940 --> 00:30:16.939 Community Hall: That's the substitute motion? Yes. Okay, great. 222 00:30:18.500 --> 00:30:19.659 Community Hall: Should we have a vote? 223 00:30:22.470 --> 00:30:26.060 Community Hall: Commissioner Feng? Aye. Commissioner Linskog? 224 00:30:26.600 --> 00:30:27.140 Seema Lindskog, Commissioner: Aye. 225 00:30:27.140 --> 00:30:29.839 Community Hall: Commissioner Rao? No. 226 00:30:30.160 --> 00:30:33.819 Community Hall: Vice Chair Scharf? No. Chair Kasulcheron? 227 00:30:34.510 --> 00:30:35.390 Community Hall: Yes. 228 00:30:35.610 --> 00:30:39.529 Community Hall: The motion carries, with Commissioner Rao and Vice Chair Schaar voting no. 229 00:30:44.860 --> 00:31:00.229 Community Hall: Okay, thank you very much. Then we will move on to Agenda Item 4, which is review of the proposed Mary Avenue public right-of-way vacation and determination of the location, purpose, and extent of property disposition for consistency with the general plan. Do we have a staff report? 230 00:31:00.390 --> 00:31:02.490 Community Hall: Yes, you do. Oh. 231 00:31:03.710 --> 00:31:05.539 Community Hall: Chair, before, 232 00:31:05.680 --> 00:31:13.489 Community Hall: We have the staff report. I just want to point out to the public that the issue before this planning commission is extremely narrow. 233 00:31:13.930 --> 00:31:18.689 Community Hall: So the… what they're… what they're going to be evaluating is not the project. 234 00:31:18.850 --> 00:31:24.290 Community Hall: They're evaluating whether The vacation of the right-of- way… 235 00:31:24.610 --> 00:31:34.370 Community Hall: on Mary Avenue is consistent and in conformance with the general plan. That's a very narrow and discrete issue, and that's what has been agendized. 236 00:31:34.640 --> 00:31:42.230 Community Hall: for discussion here, so I respectfully request that, you know, to the extent you're making public comments, it conforms to that. 237 00:31:42.410 --> 00:31:44.110 Community Hall: And to the extent that 238 00:31:44.240 --> 00:31:58.370 Community Hall: That, commissioners here, are not responding to any questions you may have is because… is because they understand that discussion about the project itself, about parking, about traffic, about 239 00:31:58.370 --> 00:32:05.199 Community Hall: any other issues other than general plan conformance, is not appropriate for them, and so I just wanted to just let the public know that. 240 00:32:09.310 --> 00:32:25.760 Community Hall: Okay, thank you. That sort of took a good part of my verbal report out of the way, because given the nature of the project, there is no visual presentation for this tonight. I think, as Michael had just clarified, this is a… 241 00:32:26.140 --> 00:32:34.760 Community Hall: Fairly rare type of project where the focus is extremely narrow, although there had been a lot of wider interest in the project, so… 242 00:32:34.920 --> 00:32:44.050 Community Hall: Tonight, we really are looking at the consistency with the general plan in terms of vacating the right-of-way and disposing of that property. 243 00:32:44.450 --> 00:32:57.980 Community Hall: So I think the staff report laid out pretty clearly what the issues are. By far, the majority of the general plan issues are tied to the housing element, because this is housing element site number 10. 244 00:32:58.250 --> 00:33:01.460 Community Hall: It's the only city-owned Housing Element property. 245 00:33:01.730 --> 00:33:07.369 Community Hall: And it was the only housing element property of the 58 that was focused 100% on low-income housing. 246 00:33:07.520 --> 00:33:20.440 Community Hall: The description in the supplemental table to the housing element laid out even described this project, almost exactly in the form it is today, a 40-unit project that's all very low-income. 247 00:33:20.700 --> 00:33:25.110 Community Hall: And about 50% dealing with the special needs population, so… 248 00:33:25.230 --> 00:33:36.309 Community Hall: The policies and strategies cited in the staff report, come from the housing element. You also have land use elements supporting this in that the land use designations were changed in 2024. 249 00:33:36.410 --> 00:33:52.429 Community Hall: when the housing element was adopted, so this now has a high, very high land use designation in the general plan. It has been rezoned, and even as of last week, the development permit and an agreement were approved by the City Council, so… 250 00:33:52.620 --> 00:33:58.880 Community Hall: That's the focus of the staff report, and with that, we're happy to answer any questions that you may have. 251 00:34:01.030 --> 00:34:03.019 Community Hall: Great, thank you. Any questions? 252 00:34:05.900 --> 00:34:12.280 Community Hall: So the last time I remember that we vacated city land was for the Apple Park project. 253 00:34:12.520 --> 00:34:17.430 Community Hall: When we gave up part of Pruner Ridge Avenue. Have there been any other 254 00:34:18.170 --> 00:34:21.730 Community Hall: The vacatings of, public lands since then? 255 00:34:21.949 --> 00:34:30.560 Community Hall: just based on internal discussions, I believe that's it. I haven't researched it, but I believe that was the last one was tied to the Apple project. 256 00:34:30.710 --> 00:34:32.150 Community Hall: Okay, thank you. 257 00:34:35.280 --> 00:34:36.700 Community Hall: Any other questions? 258 00:34:40.469 --> 00:34:42.759 Community Hall: I do have some questions. 259 00:34:43.429 --> 00:34:48.319 Community Hall: Can the City Attorney please help us clarify what is the… 260 00:34:49.000 --> 00:35:00.020 Community Hall: commission looking for when it comes to the Action 1 versus Action 2, there are two different resolutions. One talks about the vacation, the other talks about the 261 00:35:00.300 --> 00:35:03.860 Community Hall: disposition. Can you help us understand what 262 00:35:04.260 --> 00:35:08.539 Community Hall: Sort of rules in the game are we looking at for one versus the other, and what would be the difference? 263 00:35:13.240 --> 00:35:16.460 Community Hall: And I'd open up to either the CD at NEO stuff. 264 00:35:16.860 --> 00:35:20.040 Community Hall: Okay, so yeah, the question then is really that you… 265 00:35:20.270 --> 00:35:26.779 Community Hall: The way this is framed is there's two recommended actions, the first being the vacation, and the next being the disposition. 266 00:35:27.240 --> 00:35:36.329 Community Hall: Well, they're really related. I mean, the first is that you would be vacating the city's interest in the right-of-way. That parcel was created almost 3 years ago. 267 00:35:36.330 --> 00:35:50.309 Community Hall: And once that would be done, you would then be able to dispose of or transfer an interest in the property to another party. As I said last week at City Council, Council took two actions. They approved the development permits for this. 268 00:35:50.380 --> 00:35:57.459 Community Hall: And entered into a disposition and development agreement, which is really related to that second piece, the second resolution. 269 00:36:01.590 --> 00:36:06.490 Community Hall: And if I read the letter part of the staff report, it says. 270 00:36:06.640 --> 00:36:13.149 Community Hall: The Commission shall make a determination regarding the location, purpose, and extent of the disposition of the property. Is that… 271 00:36:13.510 --> 00:36:26.889 Community Hall: sort of what we are supposed to be looking at. I believe that is taken right from, state law, the Section 65402 that's mentioned in the staff report. That language is found in that portion of the government code. 272 00:36:29.410 --> 00:36:35.579 Community Hall: And when it talks about purpose, does that assume the purpose has been decided ahead of this 273 00:36:35.980 --> 00:36:39.530 Community Hall: Hearing to look at confirmance to the general plan. 274 00:36:39.930 --> 00:36:49.740 Community Hall: Well, I think in this case, the purpose has been pretty clearly laid out, that it would be a housing development, and that housing development has… now has an approved permit on it for 40 units. 275 00:36:51.880 --> 00:36:58.320 Community Hall: Let me rephrase my question, maybe it's for the City Attorney, since this talks about Section 65402C. 276 00:36:58.650 --> 00:37:06.340 Community Hall: 65402C talks about The Commission shall make a determination regarding location, purpose, and extent. 277 00:37:07.180 --> 00:37:09.270 Community Hall: What is the meaning of purpose here? 278 00:37:10.380 --> 00:37:25.830 Community Hall: So, the way I would look at it, Commissioner Rao, is that one is vacating the right-of-way, and two is, why are we vacating the right-of-way? So here, it's vacating the right-of-way in order for 279 00:37:25.830 --> 00:37:35.909 Community Hall: this priority housing site that's in our housing element. And so the question… so those are sort of two sister, you know, related? 280 00:37:36.060 --> 00:37:38.209 Community Hall: actions. Sorry, one is… 281 00:37:38.510 --> 00:37:52.560 Community Hall: what are you doing? You're making the right way, and what are you doing what's for this particular development in the housing element? And so the follow-up question then is, are those two things in conformance with the general plan? 282 00:37:52.710 --> 00:37:55.170 Community Hall: And that, that isn't set forth in the report. 283 00:37:56.240 --> 00:37:57.260 Community Hall: Thank you. 284 00:37:57.520 --> 00:38:01.060 Community Hall: City Attorney, I will yield my time if there's other questions. 285 00:38:02.700 --> 00:38:06.759 Community Hall: Does Commissioner Linskog or Commissioner Bung have any questions? 286 00:38:08.240 --> 00:38:09.210 Seema Lindskog, Commissioner: Nope. Nope. 287 00:38:10.230 --> 00:38:26.549 Community Hall: I do have some questions. We have received a lot of letters about this. One of them was asking about whether we can lawfully make post hoc consistency determinations after City Council approval. I was curious whether there was any 288 00:38:26.660 --> 00:38:31.339 Community Hall: Issue with the fact that we are, you know. 289 00:38:31.770 --> 00:38:38.049 Community Hall: rolling on vacation, or a consistency with general plan after this has been approved by Council. 290 00:38:38.990 --> 00:38:40.829 Community Hall: No issues whatsoever. 291 00:38:41.850 --> 00:38:43.580 Community Hall: Perfectly consistent with the law. 292 00:38:44.490 --> 00:38:45.850 Community Hall: Okay, thank you. 293 00:38:46.100 --> 00:38:52.189 Community Hall: And so, you know, we had discussed this a little bit directly today, City Attorney. 294 00:38:52.310 --> 00:39:05.669 Community Hall: But, you know, right now, we're voting on whether a site vacation is consistent with the general plan while the site has technically already been approved to be part of the general plan. Would you… 295 00:39:05.850 --> 00:39:13.809 Community Hall: Consider that, you know, when the previous Commission approved this site, that they had already, in an implied way. 296 00:39:14.420 --> 00:39:20.609 Community Hall: approve that this site vacation is consistent with the general plan? Is there some sort of implicit 297 00:39:20.890 --> 00:39:25.390 Community Hall: Approval in the… in the first housing element determination. 298 00:39:32.570 --> 00:39:33.670 Community Hall: when… 299 00:39:33.780 --> 00:39:41.789 Community Hall: The city, through its Planning Commission and the Council, met numerous times over a couple of years in deciding or determining 300 00:39:41.900 --> 00:39:46.849 Community Hall: which sites should be priority housing sites for our housing element. 301 00:39:47.050 --> 00:39:51.939 Community Hall: That was first step number one, is to identify an available site. 302 00:39:51.970 --> 00:40:05.319 Community Hall: And so, after that occurs, there still needs to be a lot of steps to perfect that. So, for instance, you might have a site where there is a commercial property that may be underutilized. 303 00:40:05.320 --> 00:40:16.430 Community Hall: And so, you know, then there was discussion of adding that as a priority site, and that was discussed, and then that site gets on. At that point, there's an expectation, an assumption that 304 00:40:16.430 --> 00:40:23.150 Community Hall: that, that, appropriate development would occur. So likewise here, you know, there was, 305 00:40:23.180 --> 00:40:36.829 Community Hall: discussions, in, I think, as early as 2019, 2020 about this particular site, being a potential development, and then those discussions ended up in, in this particular site. 306 00:40:36.830 --> 00:40:51.679 Community Hall: being a priority housing site, with the expectation, of course, that a whole bunch of things still needed to occur, as it does for all of our priority housing sites, because things had to be rezoned, there's just a bunch of things that still had to happen, so it's sort of… 307 00:40:51.790 --> 00:41:01.660 Community Hall: You know, you could not have pre-done all of the… all of the legal and practical requirements when you were putting together the initial priority housing site. 308 00:41:01.880 --> 00:41:10.120 Community Hall: Yeah, if I could add, I think that's just… the best way to look at it is designating this and putting in the housing element and amending the general plan is really your initial step. 309 00:41:10.410 --> 00:41:12.490 Community Hall: You're making a statement that 310 00:41:12.870 --> 00:41:18.130 Community Hall: the commissions and the council have identified this site for housing at a certain density. 311 00:41:18.270 --> 00:41:23.399 Community Hall: I think the difference in the housing element with this site is it's described in even more accurate detail. 312 00:41:23.560 --> 00:41:27.390 Community Hall: I think because the city knew what it wanted on the site, and… 313 00:41:27.720 --> 00:41:32.860 Community Hall: did an RFP, and went out and essentially got what it wanted. But… 314 00:41:33.010 --> 00:41:37.560 Community Hall: really amending the general plan and your housing element, that's always the first step. Then you have 315 00:41:37.800 --> 00:41:41.029 Community Hall: A range of things, or permits, possibly subdivision. 316 00:41:41.240 --> 00:41:45.560 Community Hall: Could be environmental issues related to a site that involve cleanup, so… 317 00:41:45.680 --> 00:41:52.459 Community Hall: There are multiple steps, and I, you know, there will even be future steps on this project as well. 318 00:41:53.280 --> 00:42:11.639 Community Hall: Okay, thank you, that's really helpful. So, it is sort of like a pre-approval, but with the understanding that there could be other things discovered along the process that might, you know, get in the way of the actual construction. That's helpful. And my final question before I open it up for public comments. 319 00:42:11.700 --> 00:42:23.319 Community Hall: Or if anyone else has questions. But my final question for now is really, around, you know, how we think about consistency with the general plan. So, on the first page of the general plan. 320 00:42:23.330 --> 00:42:33.179 Community Hall: it does state pretty clearly that no element of the general plan will have precedence over another. They are all equal weight. And so, 321 00:42:33.200 --> 00:42:50.690 Community Hall: You know, with this staff report and staff recommendation tonight, it does, you know, take certain elements of the general plan, but would you say that there's some degree of discretion in terms of which elements of the general plan are… are taken for consideration? 322 00:42:50.930 --> 00:42:54.519 Community Hall: And how they are, you know, considered against one another. 323 00:42:55.450 --> 00:43:03.529 Community Hall: I mean, the general plan is really a unified document, and I think, historically, the land use element was always 324 00:43:04.070 --> 00:43:20.710 Community Hall: had primacy over the others. Certainly over time, the housing element has grown. It's the one that's updated by far the most frequently, every 8 years. The rest of the housing element can go 20 years or more without substantive updates. 325 00:43:21.030 --> 00:43:26.699 Community Hall: I think the emphasis for this project, though, when you're looking for housing element conformance, is 326 00:43:27.050 --> 00:43:38.880 Community Hall: which pieces of the housing element are most directly applied to that project. There's always possible to find things that are inconsistent in a general plan. You could have 327 00:43:39.390 --> 00:43:51.479 Community Hall: A proposed office project that's going to bring a lot of high-paying jobs in, but it may not be located ideally for transportation, so you're adding vehicle trips, or it may not incorporate 328 00:43:51.590 --> 00:43:57.310 Community Hall: Say, green building techniques that another part of your general plan could support. So… 329 00:43:57.560 --> 00:44:10.880 Community Hall: There, you're sort of picking and choosing. What does it matter? For this site, I think the unique aspect is, is we have portions of the housing element and general plan that are specifically on point to this parcel. 330 00:44:11.800 --> 00:44:16.600 Community Hall: So, there can be very general language that would be applied citywide. 331 00:44:16.910 --> 00:44:23.770 Community Hall: But in this instance, we have references to this very property and how we want to see it developed in our housing element and general plan. 332 00:44:24.120 --> 00:44:29.109 Community Hall: So that, in this case, would be very difficult to ignore. 333 00:44:29.410 --> 00:44:33.639 Community Hall: Were there any country or contradictory language elsewhere in the general plan? 334 00:44:35.590 --> 00:44:43.179 Community Hall: Okay, thank you very much. That answers my question. Through the Chair, I still have some questions, but I'd like to yield to other commissioners if they have any questions first. 335 00:44:47.970 --> 00:44:51.279 Community Hall: Okay, seeing no other questions, I do have a few other questions. 336 00:44:51.450 --> 00:44:58.469 Community Hall: Just packing up, I see the staff report was authored by Public Works, but they're not here. Will they be joining us? 337 00:44:59.200 --> 00:45:09.099 Community Hall: They may, but I believe we could answer whatever questions would arise. Okay. So, I'm looking at the first resolution. 338 00:45:09.330 --> 00:45:11.629 Community Hall: Which is the resolution to vacate. 339 00:45:12.610 --> 00:45:16.700 Community Hall: And section… Too. 340 00:45:17.920 --> 00:45:25.289 Community Hall: talks about… Section 2, specifically Section 2… B, I believe. 341 00:45:26.580 --> 00:45:29.309 Community Hall: Just looking at this, yes, talks about the… 342 00:45:29.940 --> 00:45:32.959 Community Hall: Section 2D talks about this project 343 00:45:33.770 --> 00:45:39.779 Community Hall: Approval of the project would not result in any significant effects related to traffic, noise, air quality, or water quality. 344 00:45:40.700 --> 00:45:43.210 Community Hall: I did not see any attachments from staff. 345 00:45:43.800 --> 00:45:52.569 Community Hall: That would allow commissioners to make that determination. On what basis would the planning commissioners make the determination in the absence of any evidence? 346 00:45:53.210 --> 00:46:02.529 Community Hall: That language comes straight out of Section 15332 of the CEQA guidelines. It's a Class 32 exemption language. 347 00:46:02.970 --> 00:46:12.539 Community Hall: The City Council last week already found the project exempt under that, under those, those terms, and that exemption's already been filed with the county and the state. 348 00:46:12.720 --> 00:46:20.979 Community Hall: So, that's where that language comes from. It's one of the elements of that exemption. Your projects need to be consistent with the general plan. 349 00:46:21.200 --> 00:46:25.879 Community Hall: Need to be consistent with zoning. Need to be 5 acres or less in area. 350 00:46:26.100 --> 00:46:29.009 Community Hall: Need to have all utilities available to the site. 351 00:46:29.160 --> 00:46:36.950 Community Hall: And also, you have the language about, rare, threatened, and endangered species, that this is not, habitat for them. 352 00:46:37.390 --> 00:46:54.119 Community Hall: And as you had just mentioned, that you would not have impacts to traffic, noise, air quality, or water quality. This project very clearly met all of those standards, and the exemption was prepared, really, for the whole of the action. It covered the permit, the disposition development agreement. 353 00:46:54.590 --> 00:47:01.249 Community Hall: So all of this is cited here. I can say this action alone tonight, just finding conformance. 354 00:47:01.720 --> 00:47:06.700 Community Hall: Could not possibly result in a physical impact to the environment, even though it's a discretionary act. 355 00:47:07.150 --> 00:47:12.920 Community Hall: And for CEQA, what CEQA's intent is, is all discretionary projects are subject to it. 356 00:47:13.630 --> 00:47:19.569 Community Hall: But the project would have to be able to result in a potentially significant impact to the environment. 357 00:47:19.850 --> 00:47:23.739 Community Hall: Finding consistency with the general plan is not something that could do that. 358 00:47:25.340 --> 00:47:31.270 Community Hall: Okay, I'm trying to understand staff's response. I think the gist of it was that the 359 00:47:31.440 --> 00:47:35.249 Community Hall: City Council heard the item last week, and it… 360 00:47:35.510 --> 00:47:42.599 Community Hall: see the evidence for item 2D in the resolution? Is that the gist of it? 361 00:47:43.180 --> 00:47:53.019 Community Hall: Yes, this is actually the CEQA finding that has already been made for the project. Okay, and so is Planning Commission advisory to the Council, and therefore. 362 00:47:53.370 --> 00:47:55.779 Community Hall: The relevance of this hearing. 363 00:47:55.910 --> 00:47:59.110 Community Hall: Given that the Council has already heard the… 364 00:47:59.360 --> 00:48:05.349 Community Hall: the, aspect that you just described, what is the role of the Planning Commission at this stage, given that hearing has already occurred? 365 00:48:05.970 --> 00:48:11.980 Community Hall: That hearing was not about the conformance of the right- of-way vacation or the disposition. 366 00:48:12.630 --> 00:48:21.789 Community Hall: So this is a different, much more narrow subject matter that is a part of the project, but is not the same issue that the City Council considered last week. 367 00:48:22.000 --> 00:48:33.100 Community Hall: Then, likewise tonight, the actual vacation is not before the Planning Commission, just its consistency, so the City Council will need to make that determination in the future. 368 00:48:33.400 --> 00:48:35.940 Community Hall: In order to actually vacate the right-of-way. 369 00:48:36.810 --> 00:48:45.739 Community Hall: Yeah, I think that that is understood, that we are not considering the vacation itself. I'm just trying to understand, this is a resolution in front of commissioners. 370 00:48:46.030 --> 00:48:50.569 Community Hall: And Section 1 states that we find the above, or the below, to be true. 371 00:48:50.790 --> 00:48:56.789 Community Hall: Would staff be willing to strike Section 2 out of this resolution, since we are not looking at evidence for 2D? 372 00:49:00.370 --> 00:49:04.900 Community Hall: I'm not sure why you would strike it out from the resolution. 373 00:49:05.460 --> 00:49:10.479 Community Hall: Because Section 1 states that the Commission has duly considered 374 00:49:11.750 --> 00:49:21.229 Community Hall: staff, exhibits, facts, public testimony, and other evidence and material submitted, and I don't see any material other than a public comment on traffic, so… 375 00:49:21.820 --> 00:49:24.450 Community Hall: I'm wondering how we can find 2D 376 00:49:24.780 --> 00:49:27.319 Community Hall: To be true in the absence of evidence from staff. 377 00:49:29.010 --> 00:49:35.050 Community Hall: Well, I think the evidence would be that this project clearly qualifies for that categorical exemption. 378 00:49:36.070 --> 00:49:43.290 Community Hall: there's nothing associated with this project that would indicate otherwise. Okay, let me move on. I will… 379 00:49:43.780 --> 00:49:50.649 Community Hall: I will hope the minutes capture the gist of the Commissioner's comments, but I will move on to Section 2E. 380 00:49:51.040 --> 00:50:01.550 Community Hall: 2E talks about the site can be adequately served by all required utilities and public services. Once again, this is something that the Commission is being asked to consider in the presence of evidence. 381 00:50:01.970 --> 00:50:06.620 Community Hall: I don't see any evidence from public utilities. How do we make this determination? 382 00:50:12.670 --> 00:50:14.110 Community Hall: Is that a question, though? 383 00:50:15.570 --> 00:50:17.159 Community Hall: staff or CAO. 384 00:50:18.360 --> 00:50:21.520 Community Hall: I was just trying to find the exact language in the resolution. 385 00:50:21.890 --> 00:50:27.210 Community Hall: I'm on 2E, and the… resolution duplicate. 386 00:50:28.340 --> 00:50:31.700 Community Hall: I'd be happy to yield to other commissioners if they have questions at this time. 387 00:50:32.500 --> 00:50:41.119 Community Hall: So you're referring to the site can be adequately served by all required utilities and public services? So you don't think it can be? 388 00:50:41.570 --> 00:50:51.800 Community Hall: I'm asking if we have evidence that commissioners can consider in the form of any materials submitted by the utilities if that outreach has occurred and they have responded. 389 00:50:52.620 --> 00:50:58.799 Community Hall: We don't have that before us tonight. Again, I think the issue is… 390 00:50:59.210 --> 00:51:05.490 Community Hall: Is the vacation of this site and its disposition consistent with the general plan? 391 00:51:05.780 --> 00:51:07.190 Community Hall: That's the sole issue. 392 00:51:08.320 --> 00:51:13.769 Community Hall: Understood. I think the resolution… I'm just going through the resolution you're asking us to vote on. 393 00:51:14.250 --> 00:51:22.679 Community Hall: And to approve, And… how do we make a determination on 2E? I think we talked about 2D. 394 00:51:23.000 --> 00:51:25.150 Community Hall: How do we make a determination on 2E? 395 00:51:30.080 --> 00:51:33.350 Community Hall: So… Section 2. 396 00:51:33.990 --> 00:51:44.300 Community Hall: relates to a category exemption, one that Assistant Director Connolly has already explained, the City Council has already made that determination, and this is 397 00:51:45.030 --> 00:51:51.250 Community Hall: Border plate language taken from Section 15332. 398 00:51:51.590 --> 00:52:02.720 Community Hall: So, Commissioner Rao, that's… so this is the language that was placed into this resolution. If at some point during the evening you wish to make a motion and 399 00:52:02.770 --> 00:52:15.720 Community Hall: strike that, and, you know, take that position regarding with respect to what the City Council determined last week. That's within your discretion, and we'll get there when we get there at the appropriate time. 400 00:52:16.950 --> 00:52:19.420 Community Hall: Thank you, City Attorney, that is helpful. 401 00:52:19.690 --> 00:52:24.520 Community Hall: I want to move on to my next question, which is… the… 402 00:52:24.950 --> 00:52:29.530 Community Hall: Project staff report and the resolution, particularly the resolution. 403 00:52:29.680 --> 00:52:34.999 Community Hall: makes no reference to the 20 units that are ELI units. Is there a reason that the resolution 404 00:52:35.630 --> 00:52:38.419 Community Hall: Excluded the 20 ELR units from it. 405 00:52:41.200 --> 00:52:50.810 Community Hall: I'm not certain why there are actually 19, well, there's 20 VLI 406 00:52:51.550 --> 00:52:55.130 Community Hall: and 19IDD, all of which will be VLI. 407 00:52:56.300 --> 00:53:02.509 Community Hall: Right, I'm just wondering why the report makes no mention of the remaining 20 units. Is the… 408 00:53:02.900 --> 00:53:08.099 Community Hall: Is the consideration in front of Commission that we approve a project of only 19 units? 409 00:53:08.730 --> 00:53:24.469 Community Hall: No, this commission is not asked to approve any project, or any development, or any parking, any traffic, or any sort of conclusions. This item before this Commission is whether the vacation of the right-of-way is consistent and in conformance with the general plan. 410 00:53:24.890 --> 00:53:27.950 Community Hall: Let me rephrase, is the consideration to 411 00:53:28.090 --> 00:53:34.320 Community Hall: Be made that the vacation be sufficient to accommodate 19 units, because the other 20 units are not referenced. 412 00:53:35.480 --> 00:53:45.540 Community Hall: The sole issue before this commission is whether the vacation and the right-of-way for this particular project that's identified as a priority housing site and the housing element is consistent 413 00:53:45.700 --> 00:53:49.260 Community Hall: With the general plan that's described in the staff report. 414 00:53:51.910 --> 00:53:52.860 Community Hall: Okay. 415 00:53:53.090 --> 00:53:58.320 Community Hall: I will yield my time. If there are other questions, happy to come back later. I do have more questions. 416 00:53:59.670 --> 00:54:02.990 Community Hall: I think this might be a good point to open it up for public comments. 417 00:54:04.130 --> 00:54:15.699 Community Hall: We have 5 speakers in person, and no hands raised on Zoom. Our first speaker is Janet Van Zorn, followed by Connie Cunningham, followed by Paul Krupka. Welcome, Janet. 418 00:54:27.240 --> 00:54:28.380 Community Hall: Good evening. 419 00:54:30.200 --> 00:54:36.519 Community Hall: It's taken many, many years to get this project to the point at which it is right now. 420 00:54:37.330 --> 00:54:41.249 Community Hall: It's taken a lot of interaction between 421 00:54:42.490 --> 00:54:46.940 Community Hall: Community members, city staff, council members. 422 00:54:47.730 --> 00:54:55.430 Community Hall: and members of various commissions. It's taken a lot of work, and everyone has worked together to make this 423 00:54:55.710 --> 00:54:58.050 Community Hall: Come to the point where it is tonight. 424 00:54:58.510 --> 00:55:01.480 Community Hall: The ducks are almost all in line. 425 00:55:02.080 --> 00:55:15.850 Community Hall: I really strongly urge you to move forward and pass both of these resolutions. Get those last two ducks in line, and let's move on with this project and get it built. Thank you. 426 00:55:17.290 --> 00:55:24.439 Community Hall: Thank you, Janet. Our next speaker is Connie Cunningham, followed by Paul Krupka, followed by Graf Pham. Welcome, Connie. 427 00:55:30.000 --> 00:55:31.460 Community Hall: Good evening, Chair. 428 00:55:32.960 --> 00:55:34.340 Community Hall: Commissioners. 429 00:55:34.470 --> 00:55:45.620 Community Hall: City Attorney. My name is Connie Cunningham. I'm a 38- year resident, and I'm currently chair of the Housing Commission. Speaking for myself only. 430 00:55:45.780 --> 00:55:55.260 Community Hall: May I say congratulations to the Chair for her, appointment this evening, election this evening, and to Vice Chair as well. 431 00:55:57.280 --> 00:56:01.639 Community Hall: I support the Mary Avenue Phillis Project. 432 00:56:02.210 --> 00:56:06.270 Community Hall: I have spoken many times about this project at City Council. 433 00:56:06.460 --> 00:56:13.740 Community Hall: This project has been on City Council priority list for many years. When I was first appointed to the Housing Commission. 434 00:56:14.500 --> 00:56:22.479 Community Hall: Then Mayor Scharf, put ELI housing for IDD on the priority list. Thank you. 435 00:56:22.770 --> 00:56:31.530 Community Hall: to Mr. Scharf, and to other City Councils who have moved this project forward in the intervening years. 436 00:56:32.030 --> 00:56:50.870 Community Hall: I am impressed with how the applicant has designed a project that balances the needs of the City of Cupertino. You want me to go to the part? Okay, moving along. I support the part, the project. I urge you this evening to approve the recommended actions for finding the project to be consistent with the general plan. 437 00:56:51.510 --> 00:56:58.930 Community Hall: Adopt a resolution finding that the Mary Avenue Public Right-of-way vacation is consistent with the general plan. 438 00:56:59.590 --> 00:57:10.879 Community Hall: Adopt a resolution finding that the location, purpose, and extent of the disposition of the Mary Avenue project site is consistent with the general plan. 439 00:57:11.110 --> 00:57:13.959 Community Hall: Thank you so much for your work for the city. 440 00:57:15.120 --> 00:57:32.120 Community Hall: Thank you, Connie. Our next speaker is Paul Krupka, followed by Graf Phum, followed by Jennifer Griffin. Welcome, Paul. Good evening, Planning Commissioners. Based on the clear advice from the attorney and Mr. Connolly, I withdraw my request to speak. Thanks. Take care. 441 00:57:35.040 --> 00:57:40.819 Community Hall: Our next speaker is Gra Phum, followed by Jennifer Griffin, followed by Oren Mahoney. Welcome, Gra. 442 00:57:43.220 --> 00:57:59.170 Community Hall: It's Gia Pham. Good evening, Commissioners. My name is Gia Pham, and I am the Communications Coordinator at Housing Choices, who will be the on-site service provider for those with intellectual and developmental disabilities residing in the 19 set-aside units out of the 40 443 00:57:59.170 --> 00:58:09.849 Community Hall: total units of the project. So I apologize, I don't want to interrupt, but again, just a reminder that this item is the vacation of the right-of-way in conforms to the general plan, not about the project itself. 444 00:58:09.900 --> 00:58:10.870 Community Hall: Thank you. 445 00:58:13.420 --> 00:58:21.860 Community Hall: Earlier today, I spoke with a parent leader with Parents Helping Parents who wished she could be here tonight. She told me 446 00:58:21.860 --> 00:58:38.899 Community Hall: Let's be real, this would be wonderful for my son to live in independently right now. Pardon me, I'm sorry to interrupt, because I appreciate what you have to say, but, the… do you happen to have any comments related to the conformity of this project with the general plan and vacation of right-of-way? 447 00:58:39.270 --> 00:58:49.769 Community Hall: Yeah, I believe that it's consistent with the housing element and the general plan, because of the end result of getting deeply affordable housing that's needed for the community. 448 00:58:53.240 --> 00:58:55.129 Community Hall: Thank you. Thank you. 449 00:58:55.780 --> 00:59:00.889 Community Hall: Our next speaker is Jennifer Griffin, followed by Oren Mahoney. Welcome, Jennifer. 450 00:59:09.780 --> 00:59:19.810 Community Hall: Good evening, City Council. I'm glad that this project is moving forward. I'll just make a couple of comments about the cons… excuse me, the… 451 00:59:19.910 --> 00:59:30.239 Community Hall: The consistent… I'm sorry, I've got this… the word mixed up. In terms of the vacation's consistency with the general plan. 452 00:59:30.530 --> 00:59:38.619 Community Hall: I will state, as you all stated before, the previous vacations in the city 453 00:59:38.930 --> 00:59:43.180 Community Hall: Was the property… the street involved with the Apple property? 454 00:59:43.320 --> 00:59:48.009 Community Hall: and a potential in the past of the vacation of Seish. 455 00:59:48.270 --> 00:59:50.440 Community Hall: Next to Target. 456 00:59:51.090 --> 00:59:55.349 Community Hall: I will say that In terms of the general plan. 457 00:59:55.720 --> 01:00:00.379 Community Hall: Vacation of roadway is highly unusual. 458 01:00:00.530 --> 01:00:16.040 Community Hall: I have been coming here 25 years, and there have only been 3 incidents. There was a vacation of a roadway near Saratoga Avenue and Stevens Creek Boulevard that was done for a project in San Jose. 459 01:00:16.150 --> 01:00:24.059 Community Hall: Normally, we want to have projects that are on regular pieces of property and not on roadways. 460 01:00:24.460 --> 01:00:29.680 Community Hall: So… I would say that this is highly unusual in that 461 01:00:29.930 --> 01:00:37.340 Community Hall: Normally, when we have, general plan, you're dealing with property that is not roadway. 462 01:00:37.500 --> 01:00:46.119 Community Hall: In that regard, it obviously has gone through City Council, which unfortunately I wasn't able to attend due to medical issues last week. 463 01:00:46.480 --> 01:00:54.430 Community Hall: But… we will go through as the City Council desires. In terms of the site. 464 01:00:54.630 --> 01:01:02.670 Community Hall: I wish it would be better, but this is where we are. I do think that it is an unusual circumstance 465 01:01:02.790 --> 01:01:06.259 Community Hall: And it's conformity to the general plan. 466 01:01:07.820 --> 01:01:11.070 Community Hall: Comes under sort of a nebulous area. 467 01:01:11.420 --> 01:01:18.919 Community Hall: I wish it was in a better location, but this is what we are. My oldest niece has a special needs 468 01:01:19.630 --> 01:01:20.840 Community Hall: stepdaughter. 469 01:01:20.960 --> 01:01:28.639 Community Hall: And I really believe that we need to have those types of housing. But as for this being an unusual project. 470 01:01:28.890 --> 01:01:31.880 Community Hall: The vacation situation is a bit… 471 01:01:32.020 --> 01:01:39.760 Community Hall: unusual. I also wanted to make sure that if nothing is done with this property, it reverts back to the city. Thank you. 472 01:01:40.790 --> 01:01:44.939 Community Hall: Thank you, Jennifer. Our next speaker is Oren Mahoney. Welcome, Oren. 473 01:01:45.740 --> 01:01:54.930 Community Hall: Good evening. Given that the traffic consultant, declined to present anything here, I have no need to repute him, and I'm done. Thank you. 474 01:01:55.600 --> 01:02:00.979 Community Hall: Thank you, Oren. We have no speakers in person, and no hands raised on Zoom, Chair. 475 01:02:03.000 --> 01:02:08.629 Community Hall: Okay, thank you very much. So, I will bring it back to the Commission for any comments. 476 01:02:10.850 --> 01:02:16.419 Community Hall: through the chair, we can still do questions, right? You haven't closed questions here. Absolutely. Okay. 477 01:02:16.740 --> 01:02:20.820 Community Hall: I will yield to my fellow commissioners, who are unusually silent tonight. 478 01:02:25.530 --> 01:02:43.030 Community Hall: Although I suppose I should close the public hearing component of this and bring it back. I believe the public hearing closes after questions, and we are not yet. And we are not yet done with questions. Just a small correction, it's not a… it's not a public hearing, so it's just… Okay. It's really just for the action calendar. Okay, thank you. 479 01:02:46.740 --> 01:02:48.500 Community Hall: Nobody else has questions? 480 01:02:50.970 --> 01:02:54.330 Community Hall: We have had only 3 vacations of roadway. 481 01:02:55.010 --> 01:02:58.399 Community Hall: In the history of someone that has attended 25 years. 482 01:02:58.950 --> 01:03:01.339 Community Hall: And we have zero questions, that's interesting. 483 01:03:03.640 --> 01:03:07.280 Community Hall: If there are no other questions, I'd like to go back to my questions. 484 01:03:08.010 --> 01:03:13.780 Community Hall: I'm… I'm still trying to understand, are we here to review 485 01:03:14.320 --> 01:03:19.569 Community Hall: Findings in the resolutions, so we may approve the staff resolutions in front of us. 486 01:03:23.110 --> 01:03:29.950 Community Hall: Because I hear the City Attorney saying we're here to find conformance with general plan, which is fine. I believe the resolutions 487 01:03:30.140 --> 01:03:32.169 Community Hall: Would be the basis of doing that. 488 01:03:32.350 --> 01:03:40.920 Community Hall: And in looking at the resolutions, my questions are focused on the findings from staff in the resolutions. So, is it fair to ask questions on the resolution? 489 01:03:43.470 --> 01:03:48.179 Community Hall: I think some of the language in the resolution is just statements of what has occurred. 490 01:03:48.980 --> 01:03:58.670 Community Hall: like you often have in staff reports, the Section 2 that you had referred to, it's saying the city has performed an environmental assessment. I think it's just documenting what has occurred. 491 01:03:59.180 --> 01:04:02.589 Community Hall: At the risk of being overly repetitive. 492 01:04:03.150 --> 01:04:07.609 Community Hall: The reason we're all here tonight is to find general plan consistency only. 493 01:04:07.790 --> 01:04:08.779 Community Hall: That's it. 494 01:04:10.130 --> 01:04:13.970 Community Hall: And if I were to look at the gist of this resolution. 495 01:04:14.510 --> 01:04:19.970 Community Hall: The findings in the resolution from staff all revolve around the named project. 496 01:04:20.580 --> 01:04:24.710 Community Hall: For the, you know, whether it's 40 units or 19 units, we will not 497 01:04:24.910 --> 01:04:31.539 Community Hall: nitpick on that, but the project here is named My question to staff is… 498 01:04:34.120 --> 01:04:36.670 Community Hall: Is the assumption here that the… 499 01:04:37.830 --> 01:04:41.150 Community Hall: project has… and again, I based it on the housing element. 500 01:04:41.410 --> 01:04:48.059 Community Hall: The housing element portion of the general plan talks about staff having maintained an inventory of sites that are 501 01:04:48.250 --> 01:04:53.149 Community Hall: City surplus land that can be concerned for the purpose of housing. 502 01:04:53.650 --> 01:05:01.369 Community Hall: And so, in the evidence before us, is there an inventory of sites relative to which we must consider this vacation? 503 01:05:03.290 --> 01:05:12.489 Community Hall: If I follow your question, you're asking if there's an inventory of sites listed tonight? Yes, and I believe the staff resolution also refers to that. 504 01:05:12.880 --> 01:05:21.549 Community Hall: There is an inventory of sites listed in the housing element, and it gets Appendix B4. There are 58 sites. This is Site 10. 505 01:05:22.970 --> 01:05:35.060 Community Hall: And is there any evidence from staff as to why we would need to pick this particular vacation over any other surplus sites? And point of clarification, we are not referring to housing element sites, but we are referring to 506 01:05:35.310 --> 01:05:40.159 Community Hall: As defined in the housing element part of the general plan, a list of surplus sites. 507 01:05:40.350 --> 01:05:43.289 Community Hall: Of surplus land as identified by the city. 508 01:05:45.780 --> 01:05:48.909 Community Hall: I'm really not following other than 509 01:05:49.710 --> 01:05:52.620 Community Hall: This site is identified in the housing element. 510 01:05:52.900 --> 01:06:00.220 Community Hall: It is the only city-owned site, so it is the only site for which a vacation of land could occur. 511 01:06:00.470 --> 01:06:03.040 Community Hall: Because it was part of the Mary Avenue right-of-way. 512 01:06:03.590 --> 01:06:09.060 Community Hall: Right now, it is its own independent parcel that is zoned R4, 513 01:06:09.530 --> 01:06:15.859 Community Hall: It has a high, very high land use designation, which no other piece of right-of-way in the city of Cupertino has. 514 01:06:16.290 --> 01:06:19.090 Community Hall: Because they're not up for private development. 515 01:06:22.130 --> 01:06:28.580 Community Hall: So I'm just not sure why we'd be considering any other site when this is the only site that this applies to. 516 01:06:29.060 --> 01:06:34.369 Community Hall: Okay, let me be very specific with the comment. I'm looking at the resolution on vacation. 517 01:06:34.940 --> 01:06:45.490 Community Hall: And on page… 4, I think this is page 4, Strategy HE236 talks about Surplus properties for housing. 518 01:06:46.560 --> 01:07:05.369 Community Hall: compile and maintain an inventory of vacant properties owned by the city or other public facilities. Inventory will include land donated and accepted by the city for donation, and land otherwise acquired by the city. City will undertake steps leading to the release of RFP to solicit developer interest, which may include declaration of land surplus. I'm referring to the text in the resolution. 519 01:07:06.260 --> 01:07:14.649 Community Hall: Yeah, and that strategy is right out of the housing element, to just show support that this strategy does exist. 520 01:07:15.660 --> 01:07:18.990 Community Hall: That's solely… that is a fact, that… 521 01:07:19.190 --> 01:07:24.790 Community Hall: There's nothing changing about that, but that strategy is a current housing element strategy. 522 01:07:25.990 --> 01:07:31.169 Community Hall: And the corollary to that is… this particular site. 523 01:07:31.800 --> 01:07:33.309 Community Hall: conforms to that. 524 01:07:35.830 --> 01:07:46.080 Community Hall: policy. And so, if I read the rest of the verbiage here, it talks about finding that the vacation is consistent with the overall strategy regarding this position. 525 01:07:46.310 --> 01:07:50.700 Community Hall: Because it reflects a successful solicitation of developer interest. 526 01:07:50.870 --> 01:07:53.520 Community Hall: Have we done that solicitation of developer interest? 527 01:07:53.960 --> 01:07:57.310 Community Hall: An RFP was done in 2022. 528 01:07:57.860 --> 01:08:00.289 Community Hall: Charity's housing was the only respondent. 529 01:08:01.530 --> 01:08:09.470 Community Hall: So, has the… RFP been included as evidence, including any responses or lack of responses? 530 01:08:11.400 --> 01:08:17.790 Community Hall: Evidence for what this evening? It's a fact that that has occurred, and so this item is 531 01:08:17.890 --> 01:08:35.459 Community Hall: evaluation from, of whether, the action that's being proposed here, which is vacation in the right-of-way, is consistent with the general plan, and staff has identified numerous strategies identifying the housing element that this particular vacation of the right-of-way 532 01:08:35.720 --> 01:08:40.770 Community Hall: conforms to. Okay, so I… I want to… make sure… 533 01:08:41.580 --> 01:08:51.350 Community Hall: That I understand this. The majority of the findings in this resolution revolve around the already identified project and the applicant. 534 01:08:52.080 --> 01:09:00.110 Community Hall: And that is on the basis that the project already went through a bid process, and there was only one response to that. 535 01:09:00.990 --> 01:09:05.010 Community Hall: And… Separately, there is also 536 01:09:05.130 --> 01:09:12.439 Community Hall: Mention of surplus land, and we don't know if the city has other surplus land that could have been used in place of vacating the street, which is highly unusual. 537 01:09:12.740 --> 01:09:19.029 Community Hall: And so how should commissioners make a determination that this is the only option in front of the city, as opposed to… 538 01:09:19.479 --> 01:09:20.740 Community Hall: vacating. 539 01:09:20.950 --> 01:09:22.130 Community Hall: Or, or… 540 01:09:22.350 --> 01:09:29.090 Community Hall: or taking advantage of other surplus land that is available with the city. I think the issue is… 541 01:09:29.340 --> 01:09:37.849 Community Hall: This site is identified as Site 10. The vacation of this site is necessary for it to become a private development. 542 01:09:38.170 --> 01:09:45.150 Community Hall: Should there be other surplus sites in the future, they could come back before the Commission, but that's not what's on the agenda tonight. 543 01:09:50.260 --> 01:09:58.510 Community Hall: On the agenda tonight is confirmance to the general plan, and staff have a finding in here. Specifically, this is finding B2, 544 01:09:58.870 --> 01:10:03.950 Community Hall: That says that the resolution would confirm with this finding B2? 545 01:10:04.070 --> 01:10:20.499 Community Hall: And I'm trying to ascertain if finding B2 can, in fact, be confirmed by the Commission in the absence of that surplus land list. Do we have surplus land, or is there no other surplus land list? So, whether there is or is not surplus properties anywhere else in the city. 546 01:10:20.820 --> 01:10:28.620 Community Hall: is not before this planning commission. What's before you today is whether the surplus property on Mary Avenue 547 01:10:28.860 --> 01:10:40.959 Community Hall: for which we are seeking a vacationer right away, conforms to… to the general plan. And upon evaluation of the general plan, it was identified that that 548 01:10:41.430 --> 01:10:46.369 Community Hall: vacation of… The right of the way conforms to policy. 549 01:10:47.340 --> 01:10:59.119 Community Hall: HE2.3.6 related to surplus properties, so that's a determination. Might there be other surplus properties? I don't know, but that's not before us today. 550 01:11:00.070 --> 01:11:08.249 Community Hall: Understood, and again, I focus only on the language in the resolution, which is before us, because we are being asked to approve this resolution. 551 01:11:08.670 --> 01:11:12.920 Community Hall: And I'm just completely focused on the language that we are being asked to approve. 552 01:11:13.030 --> 01:11:16.269 Community Hall: Further down in this paragraph, it talks about 553 01:11:16.710 --> 01:11:21.509 Community Hall: The opportunity to build a 100% affordable project on the surface land. 554 01:11:21.630 --> 01:11:29.610 Community Hall: Is this… Vacation… Supposed to precede that surplus land, or does this assume the land is already surplus? 555 01:11:32.360 --> 01:11:35.790 Community Hall: Well, that's not the issue tonight. 556 01:11:36.210 --> 01:11:40.549 Community Hall: This is what I think classified as surplus right-of-way. 557 01:11:41.190 --> 01:11:48.779 Community Hall: Physical characteristics of the site were diagonal parking and undeveloped portions going towards a sound wall. 558 01:11:49.290 --> 01:11:52.709 Community Hall: So it was surplus within a right-of-way. 559 01:11:53.760 --> 01:11:56.159 Community Hall: This language, again, in the strategy. 560 01:11:56.410 --> 01:12:00.630 Community Hall: This is just cited as a supporting strategy within the housing element. That's all. 561 01:12:00.750 --> 01:12:04.330 Community Hall: I mean, that language is taken verbatim from the housing element. 562 01:12:04.500 --> 01:12:09.089 Community Hall: Has a strategy that indicates that the city has policies and strategies 563 01:12:09.250 --> 01:12:17.839 Community Hall: to develop affordable housing. In this case, it's 100% affordable. There are other policies identifying special needs populations. This project includes both. 564 01:12:18.700 --> 01:12:21.810 Community Hall: Understood. If I were to up-level my comment. 565 01:12:21.930 --> 01:12:27.830 Community Hall: Much of the findings in this resolution revolve around the named project. 566 01:12:28.340 --> 01:12:33.689 Community Hall: And the named project is assumed to have been assigned on the basis of 567 01:12:34.180 --> 01:12:39.030 Community Hall: Properties that the city may identify as available for housing and faith-based housing. 568 01:12:39.390 --> 01:12:46.540 Community Hall: And so my question centers around, How should commissioners Make the finding 569 01:12:46.990 --> 01:12:55.060 Community Hall: That this was the only surplus property the city had available, and the only option was to vacate this land, as opposed to other options the city may have had. 570 01:12:56.100 --> 01:12:59.309 Community Hall: This commission is not asked to make that finding. 571 01:12:59.890 --> 01:13:04.080 Community Hall: You're not asked to make any finding that this is the only 572 01:13:04.350 --> 01:13:24.049 Community Hall: surplus property. You're simply asked whether this particular property on Mary Avenue, the vacation right away, whether that is consistent with the general plan. Okay, so to restate differently, then, one could make the finding that in the absence of evidence that this vacation was truly necessary by the city, one may actually 573 01:13:24.520 --> 01:13:27.010 Community Hall: Find that the vacation is not… 574 01:13:27.040 --> 01:13:43.110 Community Hall: seen as being necessary. There's… whether it was necessary or not, whether it's this particular site or not, is not before this commission. What's before this commission is whether the vacation or the right-of-way on Mary Avenue 575 01:13:43.110 --> 01:13:53.579 Community Hall: is consistent with the general plan. And as explained in the staff report, there are a number of strategies that demonstrates that this particular 576 01:13:53.730 --> 01:13:58.489 Community Hall: vacation on Mary Avenue is indeed in conformance with the general plan. 577 01:13:58.720 --> 01:14:12.350 Community Hall: So, I will… I will… I will recognize that I have taken an undue amount of time on questions. I will quickly recap my concern here, and… and there's still a question. Section 1 of this resolution states that the Commission 578 01:14:13.100 --> 01:14:24.970 Community Hall: has duly considered facts, exhibits, testimony, evidence, and materials provided to the Commission, and is voting… 579 01:14:25.300 --> 01:14:27.950 Community Hall: To ascertain that the recital set forth 580 01:14:28.130 --> 01:14:30.000 Community Hall: Are found to be true and correct. 581 01:14:30.160 --> 01:14:35.890 Community Hall: All the recitals that follow, That we have discussed. We talked about Section 2. 582 01:14:36.010 --> 01:14:44.199 Community Hall: And I questioned whether commissioners had the evidence to ascertain that the recital in Section 2 could be found to be true. 583 01:14:44.450 --> 01:14:48.600 Community Hall: the Section 3 that we just talked through. 584 01:14:49.060 --> 01:14:52.550 Community Hall: Makes the basis on the presence of this project. 585 01:14:52.830 --> 01:14:57.729 Community Hall: And that further makes the presence that the city has to support housing on surplus properties. 586 01:14:58.060 --> 01:15:02.490 Community Hall: And I'm questioning if commissioners can make that assertion 587 01:15:02.960 --> 01:15:09.099 Community Hall: in the absence of evidence whether this was the only option available, and therefore, I will stop at this point. 588 01:15:10.860 --> 01:15:15.349 Community Hall: Sorry, we have a question from Commissioner Linscogg, who's been patiently waiting. 589 01:15:16.450 --> 01:15:21.550 Seema Lindskog, Commissioner: Hi, no, I don't have a question. I was hoping to make a motion so we can move this along. 590 01:15:23.480 --> 01:15:25.680 Community Hall: Through the chair, we are not done with questions yet. 591 01:15:26.590 --> 01:15:44.010 Community Hall: Okay, why don't we… I understand there's some appetite for motions. Do you have a few more, maybe limit to a few questions? Through the Chair, there have been only 3 vacations of public roadway in 25 years of recollection of a citizen that has attended these meetings. 592 01:15:44.230 --> 01:15:45.959 Community Hall: I think we can give ourselves the… 593 01:15:45.960 --> 01:15:46.870 Seema Lindskog, Commissioner: I feel… 594 01:15:46.870 --> 01:16:00.400 Community Hall: So the commissioner is not recognized through the chair, if I may finish my… if I may finish my comment, we've had only 3 vacations, I think we should be allowed the opportunity to ask all the questions that, commissioners may have. 595 01:16:01.790 --> 01:16:03.250 Community Hall: Okay. 596 01:16:03.800 --> 01:16:14.200 Seema Lindskog, Commissioner: I feel like this commissioner is taking up all of the oxygen in the room and not allowing any of the other commissioners to speak, so maybe we should balance things out and move things along. 597 01:16:14.200 --> 01:16:26.679 Seema Lindskog, Commissioner: Because clearly the commissioner's questions are outside the scope of what we are being asked to vote for, and he's been reminded of that over and over and over again by the staff and the city attorney. So, I… I would… 598 01:16:26.690 --> 01:16:32.930 Seema Lindskog, Commissioner: ask the Chair respectfully to allow the other commissioners to speak, and also to move this along. Thank you. 599 01:16:33.320 --> 01:16:38.040 Community Hall: Through the Chair, all questions are only on the resolution that we are voting today on. 600 01:16:38.330 --> 01:16:46.390 Community Hall: Yes, thank you very much. I… I hear you, Commissioner Linskogg. Commissioner Scharf, did you have something to say, or were you trying to make a motion? 601 01:16:46.610 --> 01:16:52.380 Community Hall: I believe that it's appropriate to make a motion and then discuss it, if there's any more discussion. 602 01:16:52.910 --> 01:16:58.479 Community Hall: So I would make a motion to adopt the resolution finding at the Mary Avenue Public Right-of-way. 603 01:16:58.900 --> 01:17:03.870 Community Hall: Vacation APN 32627053 is consistent with the general plan. 604 01:17:04.070 --> 01:17:05.320 Community Hall: And I second. 605 01:17:05.320 --> 01:17:05.750 Seema Lindskog, Commissioner: shouldn't. 606 01:17:05.750 --> 01:17:07.819 Community Hall: I'm sorry, I had not… 607 01:17:08.110 --> 01:17:18.609 Community Hall: ended the question portion of this. I do want to respect Commissioner Rao's desire to ask more questions. That said, I also understand 608 01:17:18.710 --> 01:17:27.609 Community Hall: That we should be maintaining harmony within this group, and I'm also not sure that too many further questions will change the end result. 609 01:17:27.650 --> 01:17:43.350 Community Hall: So, if you have a few more, Commissioner Rao, I think, again, I'm not sure that the result will change, so that's why I say a few more and listen. Can I ask the city attorney what the outcome is, but if I could comment, I think… 610 01:17:43.430 --> 01:17:53.229 Community Hall: Perhaps we should have an opportunity to comment. We would normally have an opportunity to comment before voting. Right. Perhaps we should do that, and then, you know, if… if… 611 01:17:53.860 --> 01:18:01.970 Community Hall: if things become long, then we can call the question. I'm open to a combination of question and comment. City Attorney, would you like to comment? 612 01:18:02.650 --> 01:18:09.439 Community Hall: Yeah, I believe all commissioners are entitled to ask questions, from the staff presentation, but 613 01:18:09.550 --> 01:18:22.509 Community Hall: you know, as you pointed out, you know, there's… at some point, those questions just cease if they continue to be repeated. Once that's done, then I think it's appropriate to take a motion and a second to frame the discussion. 614 01:18:25.390 --> 01:18:32.280 Community Hall: So, in absence of further questions, and I know your motion is still sitting. 615 01:18:32.480 --> 01:18:36.830 Community Hall: Commissioner Rao, would you like to proceed with a few of your remaining questions? 616 01:18:37.280 --> 01:18:42.310 Community Hall: If we're gonna do that, then I'll call the question, and we'll just vote and not comment. 617 01:18:43.200 --> 01:18:47.910 Community Hall: Through the chair, a two-third vote is required, and the question is called. 618 01:18:49.850 --> 01:18:57.780 Community Hall: That is correct. If there's a motion to call the question, then there's no debate, we just simply take a vote. 619 01:18:58.830 --> 01:19:05.479 Community Hall: I'm sorry, so you were removing the staff recommendation, right? That's what is on the table? Can I make a friendly amendment? 620 01:19:07.480 --> 01:19:11.610 Community Hall: through the chair, once the question is called, no further discussion is allowed. 621 01:19:12.690 --> 01:19:15.259 Community Hall: That, that is… that is correct, you just… 622 01:19:16.100 --> 01:19:21.950 Community Hall: It's going to be called the question, means that it's a request to end debate. 623 01:19:22.150 --> 01:19:23.770 Community Hall: And a vote on the motion. 624 01:19:24.180 --> 01:19:30.890 Community Hall: And so I just want to say we should vote. If a two-third vote succeeds, we are done with this item. 625 01:19:32.220 --> 01:19:36.430 Community Hall: We're done with the discussion, but I think you still need to learn on the actual, 626 01:19:36.560 --> 01:19:40.810 Community Hall: motion to move staff recommendation. Alright, let's have a voice vote. 627 01:19:41.290 --> 01:19:42.650 Community Hall: Commissioner Feng? 628 01:19:44.190 --> 01:19:46.390 Community Hall: Let me clarify, we are, we are voting on… 629 01:19:46.390 --> 01:19:49.930 Seema Lindskog, Commissioner: Somebody seconded the motion, because if not, I'll second the motion. 630 01:19:51.280 --> 01:19:54.580 Community Hall: Yes, we have a second. Commissioner Feng? 631 01:19:55.250 --> 01:19:59.700 Community Hall: Aye. Commissioner Linskoff? Sorry, could we clarify what are we voting on? 632 01:19:59.910 --> 01:20:00.980 Community Hall: to end debate. 633 01:20:01.950 --> 01:20:03.130 Community Hall: to end debate. 634 01:20:03.260 --> 01:20:04.670 Community Hall: Bad discussion. 635 01:20:04.770 --> 01:20:12.520 Community Hall: We're not voting on the motion on the table? No, we're going to end discussion so that you can proceed to voting on the motion. Okay. 636 01:20:14.620 --> 01:20:15.880 Community Hall: Commissioner Feng? 637 01:20:16.360 --> 01:20:18.619 Community Hall: Aye. Commissioner Linskog? 638 01:20:19.140 --> 01:20:19.910 Seema Lindskog, Commissioner: Aye. 639 01:20:20.000 --> 01:20:22.000 Community Hall: Commissioner Rao? No. 640 01:20:22.190 --> 01:20:26.510 Community Hall: Vice Chair Sharp? Aye. Chair Casolchron? No. 641 01:20:27.280 --> 01:20:36.240 Community Hall: The motion carries with Commissioner Rao and Chair Casilcheron voting no. Oh, I… actually, this requires two-thirds of votes, so the motion fails. 642 01:20:36.480 --> 01:20:38.339 Community Hall: So, debate continues. 643 01:20:39.570 --> 01:20:41.160 Community Hall: Thank you, City Attorney. 644 01:20:41.560 --> 01:20:45.559 Community Hall: A two-third vote requires four members of the Commission 645 01:20:46.000 --> 01:20:48.270 Community Hall: To vote in favor of calling the vote. 646 01:20:49.460 --> 01:20:52.250 Community Hall: Just want to clarify the Robert's Rules of Order here. 647 01:20:53.360 --> 01:20:57.249 Community Hall: Commissioner Linskogg, you had a question? Your hand is no longer raised, it is raised. 648 01:20:58.230 --> 01:21:05.900 Seema Lindskog, Commissioner: Sorry, I'm just wondering who's running this meeting, because, it seems like… Commissioner, 649 01:21:06.110 --> 01:21:13.060 Seema Lindskog, Commissioner: Rao is taking up an inordinate amount of comments and directing how the meeting should be run. 650 01:21:14.170 --> 01:21:26.020 Community Hall: Okay, am I… This is, you know, there's a lot of enthusiasm for this project. I think it's appropriate for Commissioner Roth. He has more questions that are new or different to allowing the courtesy of asking those. 651 01:21:30.460 --> 01:21:38.410 Community Hall: So, City Attorney, can I clarify, at this point, are we still able to ask questions and make comments? 652 01:21:38.950 --> 01:21:56.579 Community Hall: I recommend we limit it to questions, and then once all the questions are answered, and there's still questions about the staff report, about why… what the evacuation is doing here, that's appropriate to ask those questions. So once all of those are answered, then it's appropriate to 653 01:21:56.690 --> 01:22:02.410 Community Hall: You know, there's already a motion and a second on the floor to then discuss that motion a second. 654 01:22:03.230 --> 01:22:12.619 Community Hall: Okay, thank you very much for clarifying. Commissioner Rao, you did have a few more questions. I'm happy to yield to other commissioners if they would like to ask questions or have a discussion. 655 01:22:12.770 --> 01:22:15.739 Community Hall: I have mainly comments, so no questions. 656 01:22:18.400 --> 01:22:23.139 Community Hall: through the chair, can we intersperse questions and discussions so that other commissioners may 657 01:22:23.400 --> 01:22:28.310 Community Hall: may say their piece. Okay, Commissioner Fung, I think you said you had a comment? Sure. 658 01:22:29.280 --> 01:22:37.639 Community Hall: So, this is an interesting issue before. As has been spoken, it's a narrow one. I think that, 659 01:22:38.390 --> 01:22:41.269 Community Hall: If you were to ask… if you were to ask in general. 660 01:22:41.580 --> 01:22:48.300 Community Hall: To me, if you were to ask, Is it within the, within the scope of… 661 01:22:48.810 --> 01:22:53.339 Community Hall: the scope of the Planning Commission to find that a vacation 662 01:22:53.640 --> 01:22:56.440 Community Hall: A vacation, not this… even this specific one. 663 01:22:56.560 --> 01:23:02.810 Community Hall: It's something that should be considered and is consistent in furthering the ability to execute the housing element. 664 01:23:02.960 --> 01:23:07.200 Community Hall: then I think that that is within the right of the City Council to consider 665 01:23:07.350 --> 01:23:12.759 Community Hall: You know, and that we should approve that, and that this city council should then make a decision about what to do, and that… 666 01:23:12.960 --> 01:23:21.310 Community Hall: That is, you know, maybe a vacation of land. It could be, you know, if there is an objective to create a certain number of houses. And to do that. 667 01:23:21.630 --> 01:23:23.979 Community Hall: Required allowing greater height. 668 01:23:24.250 --> 01:23:36.559 Community Hall: height of a construction than had been called out in the housing element, that that's within the City Council's right to do that. So, in the broad… in the broad sense, I think that there is… 669 01:23:36.690 --> 01:23:46.590 Community Hall: justification to, approve this, to approve this vacation. And, of course, Inconsistency with the… 670 01:23:46.920 --> 01:23:53.860 Community Hall: This specific item, you know, we are talking about this particular location because 671 01:23:53.990 --> 01:23:59.559 Community Hall: It was discussed in conjunction with this particular site. The objectives in the housing elaborate were very clear. 672 01:23:59.830 --> 01:24:05.170 Community Hall: about what… what they were trying… what the city was trying to accomplish. Of course, they can change their mind as well. 673 01:24:05.390 --> 01:24:12.209 Community Hall: They could… they could have said, you know, another way that this could have come, because the vacation is not part of the text in the housing element. 674 01:24:12.360 --> 01:24:22.520 Community Hall: they could have… you could say, well, I'd be willing to have fewer… fewer units and not have the vacation, but that's not what… that's… that doesn't appear to be what… what they were thinking about at the time. 675 01:24:23.350 --> 01:24:31.450 Community Hall: what I think they thought doesn't matter if the council believes that they can achieve the goals that they had put forth. 676 01:24:31.560 --> 01:24:34.330 Community Hall: By, you know, if this vacation could help that. 677 01:24:34.440 --> 01:24:40.130 Community Hall: I think that… I would find, then, that this isn't consistent with the general plan's intent. 678 01:24:40.440 --> 01:24:48.510 Community Hall: So, you know, I'm supportive of the motion on the floor that we adopt this as submitted by the staff. 679 01:24:48.810 --> 01:24:49.930 Community Hall: Thank you. 680 01:24:50.050 --> 01:24:51.910 Community Hall: Oh, I guess I should also say. 681 01:24:52.010 --> 01:24:58.100 Community Hall: Former Mayor Mahoney has probably been coming to talk about this project since he was about 20. So, 682 01:24:59.090 --> 01:25:03.220 Community Hall: You know, you know, hopefully we can, get this built someday. 683 01:25:04.020 --> 01:25:04.830 Community Hall: Thank you. 684 01:25:07.770 --> 01:25:11.329 Community Hall: Oh. So, Commissioner Feng, you mentioned, whether 685 01:25:12.020 --> 01:25:19.970 Community Hall: we should vote on the vacation of the property. I don't think we're voting on that. We're voting on whether it's consistent with the general plan. 686 01:25:20.440 --> 01:25:23.029 Community Hall: So I would hope that the… 687 01:25:23.160 --> 01:25:30.379 Community Hall: Remaining questions and comments specifically address whether it's consistent with the general plan, and not 688 01:25:30.800 --> 01:25:38.269 Community Hall: Whether some way we could find some other land for free somewhere to build this kind of housing on. 689 01:25:40.120 --> 01:25:56.359 Community Hall: May I come back? Yeah, so I misspoke when I, when I said that. I think that, yeah, it really is the question of, do I believe that this is… that… that were the vacation to be granted, that that's not consistent with the journal plan, though, I don't believe that. 690 01:25:56.510 --> 01:25:58.270 Community Hall: So, yeah, thank you for the correction. 691 01:26:01.420 --> 01:26:16.150 Community Hall: All right, I'll make a comment. First of all, thank you very much to the members of the public for continuing to come through many meetings. I've heard many of you speak many, many times, and so I appreciate the work that you do. 692 01:26:16.470 --> 01:26:17.460 Community Hall: So… 693 01:26:18.010 --> 01:26:35.350 Community Hall: You know, I've thought a lot about this topic, and the objective of the housing element component of the general plan is to represent the City of Cupertino's intent to plan for housing needs while meeting the state housing goals. So that is one component of the general plan. 694 01:26:35.350 --> 01:26:47.330 Community Hall: In my opinion, we should, in evaluating consistency with the general plan, also look at the plan in its entirety, and not just one chapter of the plan. And so, one section that I… 695 01:26:47.460 --> 01:27:00.949 Community Hall: really fixed… fixated on was the land use component of the general plan, and there's many, you know, having heard the other residents, the neighbors of Mary Ave, speaking about this project, and their objections. 696 01:27:00.950 --> 01:27:13.789 Community Hall: You read the land use plan, it says, the objective of this plan is to help define the desired balance among social, environmental, and economic considerations while enhancing quality of life in the community for future growth. 697 01:27:13.830 --> 01:27:19.539 Community Hall: It aspires to preserve and enhance the distinct character of each planning area to create a vibrant community. 698 01:27:19.670 --> 01:27:21.640 Community Hall: And… 699 01:27:21.670 --> 01:27:44.510 Community Hall: you know, I could read the whole thing, I won't. I think that there are elements of this that very much support this vacation as consistent, and then there are other elements. I proceed down here, it says, the city will welcome citizens as partners in making sure that their neighborhoods are the kind in which they want to live in the future. I think this is all from the first section. Then you go to LU8, 700 01:27:44.510 --> 01:27:52.879 Community Hall: The City will also protect and enhance neighborhoods throughout Cupertino to ensure these largely residential areas continue to support the community's great quality of life. 701 01:27:53.110 --> 01:28:03.550 Community Hall: I-5… I don't even know if this is from land use, this may be from somewhere else. Ensure a responsive government. Continue to be a regional leader in accessible and transparent municipal government. 702 01:28:04.300 --> 01:28:12.990 Community Hall: LU4, the city will welcome citizens as partners in making sure that their neighborhoods are the kind in which they want to live in the future. 703 01:28:13.500 --> 01:28:16.589 Community Hall: And other interesting, sort of, 704 01:28:16.900 --> 01:28:33.640 Community Hall: contrast that I found in the general plan was around the infrastructure plan. There's only one area of the entire general plan that discusses right-of-way, and the one thing that it does say about right-of-way is ensure that the city rights-of-way are protected from incompatible uses. 705 01:28:33.830 --> 01:28:42.590 Community Hall: and enhanced with sustainable features when possible. So, you know, again, I think the general plan was a very thoughtful document put together. 706 01:28:42.590 --> 01:28:54.730 Community Hall: years ago, meant to be considered in its entirety. And so, you know, I think just to look at the housing element alone, we are… we are missing the full picture, and to… to base 707 01:28:54.770 --> 01:29:08.639 Community Hall: our decision upon a previous determination is also not fully considering the whole picture. And so, for that reason, I would like to make a friendly amendment to 708 01:29:09.190 --> 01:29:12.709 Community Hall: Say that we find this… 709 01:29:13.080 --> 01:29:30.639 Community Hall: in con… the vacation of right-of-way in conformance with the housing element, but recognizing that we are making a recommendation to City Council for consideration. We find this consistent with the housing element, but we think that there are opportunities to… 710 01:29:31.390 --> 01:29:39.790 Community Hall: further bring this vacation of right-of-way in line with the land use element, and that would be my friendly amendment. 711 01:29:39.990 --> 01:29:41.459 Community Hall: through the chair. 712 01:29:42.230 --> 01:29:43.760 Community Hall: Would you… 713 01:29:44.570 --> 01:29:50.840 Community Hall: Or let me clarify, if you were to offer a friendly amendment, would you be open to a substitute motion? 714 01:29:51.060 --> 01:29:52.819 Community Hall: What are you? Yes. 715 01:29:53.440 --> 01:29:57.950 Community Hall: I would like to make a substitute motion that we Fine. 716 01:29:58.570 --> 01:30:02.329 Community Hall: the lack of evidence to support confirmments to the general plan. 717 01:30:02.560 --> 01:30:09.450 Community Hall: And I have a more detailed motion that I'm willing to walk through after questions, but I am, at this point. 718 01:30:09.810 --> 01:30:13.750 Community Hall: Offering a substitute motion if the chair would be willing to consider it. 719 01:30:15.450 --> 01:30:21.350 Community Hall: Can I… are we able to hear the other more detailed components of this? 720 01:30:22.130 --> 01:30:29.539 Community Hall: In order to do that, we would need to go through more questions and discussion before we get to that stage. That's fine, let's hear the other questions. 721 01:30:29.980 --> 01:30:32.370 Community Hall: I just wanted to confirm that you're… 722 01:30:32.720 --> 01:30:35.690 Community Hall: Offering a friendly amendment would not bind you to 723 01:30:35.830 --> 01:30:38.600 Community Hall: A vote on the motion on the table. 724 01:30:38.790 --> 01:30:39.510 Community Hall: Thank you. 725 01:30:45.250 --> 01:30:52.640 Community Hall: So, just procedurally, there is a motion and a second on the floor, and I understand the chair, to make a friendly amendment. 726 01:30:52.670 --> 01:31:10.480 Community Hall: And prior to… and then typically, when you make a friendly amendment, it requires the agreement of the original motioner and the seconder, and so we have not done that yet. And in the interim, I'm hearing Commissioner Rao here present a substitute motion. 727 01:31:10.690 --> 01:31:13.979 Community Hall: Right, so normally, a substitute motion requires a second. 728 01:31:14.880 --> 01:31:19.260 Community Hall: Before we proceed. So, I just want directly to be clear what we're doing here. 729 01:31:19.970 --> 01:31:23.109 Community Hall: I would withdraw my substitute motion. Okay, thank you. 730 01:31:25.340 --> 01:31:30.200 Community Hall: So now we have the motion, and I think it was originally made by Commissioner Scharf. 731 01:31:30.370 --> 01:31:39.289 Community Hall: And second… and I don't recall, I think it's Commissioner Linskoff who seconded, and so do you accept the chair's friendly amendment? I do not. 732 01:31:40.750 --> 01:31:41.770 Seema Lindskog, Commissioner: I don't either. 733 01:31:44.520 --> 01:31:50.599 Community Hall: Okay, then are we allowed to return back to questions? Okay, then proceed, Commissioner Rao. 734 01:31:52.340 --> 01:31:59.230 Community Hall: I would like to yield to other commissioners in the interest of being respectful of all Commissioners' time. I can go last, thank you. 735 01:32:01.730 --> 01:32:04.250 Community Hall: Do we have any other questions or comments? 736 01:32:04.990 --> 01:32:06.830 Community Hall: Oh, sorry, Commissioner Linskong. 737 01:32:10.270 --> 01:32:15.260 Seema Lindskog, Commissioner: Sorry, I have comments, but I will wait until all the questions are done. Thank you. 738 01:32:19.990 --> 01:32:22.190 Community Hall: So, I think, Commissioner Rao, we're back to you. 739 01:32:27.950 --> 01:32:30.180 Community Hall: There's no other comments from other commissioners. 740 01:32:30.600 --> 01:32:35.829 Community Hall: Because I heard that I was taking up a new amount of time. I'm willing to yield to other commissioners if you have comments. 741 01:32:38.480 --> 01:32:42.380 Community Hall: I think there are… there are comments, but not additional questions. 742 01:32:48.820 --> 01:32:49.800 Community Hall: Okay. 743 01:32:50.070 --> 01:32:55.149 Community Hall: Seeing no other questions, I would like to go back to the questions around the general plan. 744 01:32:55.670 --> 01:33:00.949 Community Hall: I believe there are some comments that have come in from members of the public. 745 01:33:01.320 --> 01:33:04.099 Community Hall: I would like to see if we can hear… 746 01:33:04.390 --> 01:33:15.190 Community Hall: staff response to that. Would you like me to ask each question one at a time, or how do we want to proceed through the questions that were received? I'm happy to call out specific 747 01:33:15.570 --> 01:33:18.230 Community Hall: Aspects of each question, if that's how we want to proceed. 748 01:33:19.140 --> 01:33:36.579 Community Hall: I just want to clarify that, indeed, the City has received multiple comments and questions from the public, and Commissioner Rao, if there's any questions that relate specifically to the matter that has been agendized and is before this body, please feel free to ask those. 749 01:33:37.400 --> 01:33:42.959 Community Hall: Thank you, City Attorney. So, I believe the first question is confirm as to the mobility element M1.2. 750 01:33:43.210 --> 01:33:49.270 Community Hall: The question was… The policy requires maintaining a safe and efficient circulation and transportation network. 751 01:33:49.640 --> 01:33:58.160 Community Hall: And the question is… What is the evidence that this vacation would maintain that? 752 01:34:02.150 --> 01:34:07.110 Community Hall: I'm not sure why that specific question would have to be found. Again, the issue is… 753 01:34:07.280 --> 01:34:18.089 Community Hall: Does the vacation and disposition conform to the general plan? It doesn't say you need to make a finding to conform to every component of the general plan. 754 01:34:18.790 --> 01:34:24.559 Community Hall: So, I'm not really sure how to answer that. A general plan is called general for a reason. It's general. 755 01:34:29.270 --> 01:34:31.369 Community Hall: So, in staff's judgment. 756 01:34:33.390 --> 01:34:46.120 Community Hall: the burden of proof that the vacation poses no safety or other transportation effects is on the bur… on… is the burden is on whom? Is it on the… 757 01:34:46.480 --> 01:34:49.090 Community Hall: Staff to show evidence that there is no 758 01:34:49.510 --> 01:34:55.390 Community Hall: Impacts to policies in the mobility element, or is it to the commissioners? 759 01:34:55.680 --> 01:35:02.170 Community Hall: To identify findings that show evidence that the mobility element may be impaired by this vacation. 760 01:35:02.870 --> 01:35:11.990 Community Hall: So the concept of burden of proof is not before us here, and that there's not a need to rise to a burden of proof. 761 01:35:12.570 --> 01:35:30.899 Community Hall: Again, you know, as Assistant Director Connolly has indicated, there's not a need to identify and analyze every single policy in the entire General Plan for conformance. The issue here is whether, as 762 01:35:31.130 --> 01:35:36.099 Community Hall: Explained in the staff report whether the vacation of the right-of-way on Mary Avenue 763 01:35:37.280 --> 01:35:53.729 Community Hall: is in conformance with the general plan. And as explained in the staff report, the contention, the belief in it is yes. Now, to the extent that you disagree with that, and there's areas of the general plan where you believe this particular vacation is inconsistent. 764 01:35:54.060 --> 01:35:56.899 Community Hall: That, that, that should be part of the record tonight. 765 01:35:57.710 --> 01:36:00.280 Community Hall: Thank you, Siti Anthony. That was the question. 766 01:36:00.460 --> 01:36:04.220 Community Hall: The assertion that… The question makes is whether… 767 01:36:05.080 --> 01:36:11.019 Community Hall: the proposed vacation would be inconsistent with Mobility Element Policy M1.2, 768 01:36:11.500 --> 01:36:17.139 Community Hall: That requires that we maintain a safe and efficient circulation and transportation network for all users. 769 01:36:18.100 --> 01:36:26.369 Community Hall: the question to staff. Well, actually, it sounds like that would be a substitute motion you would make, that… that you… that you move, that 770 01:36:26.380 --> 01:36:45.470 Community Hall: the vacation of the right-of-way in this particular instance is not in conformance with the general plan for the following reasons, and, you know, then you can have a motion, you can have debate, and a vote, and see whether that carries today. Thank you, City Atomi. I think that answers my question. My next question is… 771 01:36:45.690 --> 01:36:51.530 Community Hall: the infrastructure element policy, INF2, talks about ensuring that 772 01:36:51.860 --> 01:36:55.270 Community Hall: the community needs are anticipated in Vision 2040. 773 01:36:55.520 --> 01:36:57.509 Community Hall: Does the vacation… 774 01:36:57.620 --> 01:37:14.059 Community Hall: anticipate the parking and transportation impact due to the Westport project that brings in, I believe, 136 senior assisted living and 36 memory care units, for which we recently approved the waiver on underground parking. 775 01:37:14.170 --> 01:37:17.919 Community Hall: Does the parking… Assumptions made by staff. 776 01:37:18.210 --> 01:37:21.019 Community Hall: assume that… Presence of that project. 777 01:37:21.780 --> 01:37:30.040 Community Hall: So, again, Commissioner Rao, parking, traffic, impact, density, that is not agendized, that's not before this body. 778 01:37:30.880 --> 01:37:35.800 Community Hall: Conference to the general plan is, and the infrastructure element is a part of the general plan, is it not? 779 01:37:38.200 --> 01:37:51.660 Community Hall: Yes, conforms with the general plan is, and the staff has laid out for this body, in their opinion, the various policies for which this vacation would conform. 780 01:37:52.630 --> 01:38:00.839 Community Hall: If I can add, the strategies and policies cited in the staff report and resolution are the most on point relative to this site. 781 01:38:01.120 --> 01:38:05.300 Community Hall: These are policies that specifically bear on this site. 782 01:38:05.750 --> 01:38:15.530 Community Hall: And there's nothing in government code section 65402 that says you need to find every component of the general plan consistent with the action. 783 01:38:16.930 --> 01:38:24.760 Community Hall: And if I may comment on that, I think the entire basis of staff's findings is the identified project. 784 01:38:24.980 --> 01:38:28.839 Community Hall: And the assertion that an RFP was previously performed. 785 01:38:29.240 --> 01:38:36.419 Community Hall: And in the assessment of confirmments to the general plan, it would seem to me that 786 01:38:36.820 --> 01:38:43.450 Community Hall: As it stands right now, this is public property, and an RFP could not have been issued for public property. 787 01:38:43.670 --> 01:38:46.130 Community Hall: The vacation needs to proceed. 788 01:38:46.280 --> 01:38:52.820 Community Hall: any… Recognition of this as surplus land on which an RFP could be issued, on what basis? 789 01:38:52.930 --> 01:38:57.889 Community Hall: Would an RFP have identified a sole project respondent when this is public land? 790 01:39:00.100 --> 01:39:04.830 Community Hall: Yeah, questions regarding the RFP is not, agendized for discussion today. 791 01:39:04.940 --> 01:39:11.330 Community Hall: And so the comment here being that the staff findings cannot be ascertained by the planning commissioners. 792 01:39:11.430 --> 01:39:21.119 Community Hall: Because the entire findings are on the basis of the identified project, and the project is proposed on land that is currently held in trust by the city on behalf of the public. 793 01:39:25.300 --> 01:39:30.500 Community Hall: If there are no other questions, I can continue on. I'm happy to yield if there are questions or discussions. 794 01:39:31.140 --> 01:39:32.650 Community Hall: Commissioner Lenscobb? 795 01:39:32.840 --> 01:39:44.119 Seema Lindskog, Commissioner: Yeah, I was just wondering, can we set a time limit on this, so that we have an end anticipation? Otherwise, I can see this going on for, you know, hours, and… 796 01:39:44.450 --> 01:39:49.689 Seema Lindskog, Commissioner: That's not really respectful of staff, or commissioner, or the public's time. 797 01:39:52.430 --> 01:39:57.209 Community Hall: I'm not sure. Commissioner Rao, how many more questions do you think you have? 798 01:39:58.110 --> 01:40:17.560 Community Hall: Through the Chair, you have the discretion, I believe, to end discussion when you would choose to. I would remind us that this is only the third time we have ever vacated a roadway. We have had a tremendous amount of public input on this. This is the first and the last time this comes to Planning Commission, and I think we owe it to residents to be able to do full justice to this. 799 01:40:17.650 --> 01:40:23.369 Community Hall: And if commissioners have other pressing interests, they may choose to not participate further. 800 01:40:23.630 --> 01:40:25.010 Community Hall: And exit the meeting. 801 01:40:25.300 --> 01:40:27.300 Community Hall: If I could just make one comment… 802 01:40:27.690 --> 01:40:34.679 Community Hall: I don't want to contradict, but we have not had a tremendous amount of public input on the item before the Commission tonight. 803 01:40:35.180 --> 01:40:41.000 Community Hall: which is general plan consistency. There's actually been very little and zero opposition. 804 01:40:41.710 --> 01:40:43.160 Community Hall: Just to point that out. 805 01:40:45.520 --> 01:40:52.839 Community Hall: And to the chair, it is appropriate for you to set limits. The most common limit the City Council uses is 5 minutes. 806 01:40:55.140 --> 01:41:03.689 Community Hall: I am reluctant to limit time this way. Do you… Commissioner Rao, you're not… 807 01:41:03.710 --> 01:41:16.140 Community Hall: able to share how many questions you have left. I just want to understand, you know, what we're looking at. I have a number of questions. I do not have an itemized count on that, but I am nowhere near the end of my questions at this time. 808 01:41:16.780 --> 01:41:17.730 Community Hall: I'm sorry? 809 01:41:18.080 --> 01:41:20.919 Community Hall: I'm nowhere near the end of my questions at this time. 810 01:41:21.220 --> 01:41:28.570 Community Hall: I would say… I think, you know, I do want to make sure that we… we give… 811 01:41:29.210 --> 01:41:39.379 Community Hall: time to the… the agenda Item 5 on Active Transportation Plan, which I also think is very important. So… 812 01:41:40.920 --> 01:41:51.720 Community Hall: I think 5 minutes is short, through the Chair, I do not see public works or transportation staff here at this time for that item, and Chair has the discretion to propose postponing the item. 813 01:41:52.880 --> 01:41:58.959 Community Hall: I would prefer not to postpone the item, but, can we… 814 01:42:00.490 --> 01:42:10.610 Community Hall: I, I, I, I suppose I… sorry, City Attorney? You should proceed with the assumption that, staff will be present to present the ATP item. Okay, thank you. 815 01:42:11.680 --> 01:42:13.340 Community Hall: Present in the lobby. 816 01:42:13.550 --> 01:42:23.600 Community Hall: Okay, thank you. Commissioner Rao, I think I would ask if you can please prioritize your most, pressing questions, and… 817 01:42:23.760 --> 01:42:31.189 Community Hall: we give this maybe another 10 to 15 minutes. I'm reluctant to put a hard time on it. 818 01:42:32.700 --> 01:42:43.000 Community Hall: Again, through the chair, I'm happy to yield to other commissioners if anyone else has comments or questions. To my understanding, there are no further comments or questions. 819 01:42:43.400 --> 01:42:45.490 Community Hall: Er… go ahead. 820 01:42:45.620 --> 01:42:48.069 Community Hall: Would you want to consider tabling this item? 821 01:42:48.270 --> 01:42:50.399 Community Hall: Taking the other item, and then coming back. 822 01:42:51.380 --> 01:42:54.680 Community Hall: I would be in support of that motion if you were to make it. 823 01:42:54.790 --> 01:43:07.060 Community Hall: Commissioner Fung? I'm sorry, what is the… Commissioner Fung proposed a motion to table. I don't think that would be respectful to the people that have come here this evening, look, hoping to hear a decision on this. 824 01:43:07.540 --> 01:43:10.159 Community Hall: So, no, I would prefer not to do that. 825 01:43:12.990 --> 01:43:15.070 Community Hall: Commissioner Feng, would you like to make that motion? 826 01:43:15.380 --> 01:43:35.880 Community Hall: I just want clarity, Commissioner Fung, because there is… you're proposing to table this item to a future date? No, no, table… after we cover the… Oh, no, not tabled items. There's a significance to that language. Tabling an item, it means you're going to postpone it to a future date. That's not what you're doing. I think Commissioner Fung… 827 01:43:35.880 --> 01:43:39.040 Community Hall: Is saying, to… to move to the… 828 01:43:39.140 --> 01:43:46.389 Community Hall: take a break on this item, and they go to the ATP, and then come back to it? Is that what you… Yes. Yeah, I think the chair has indicated that 829 01:43:46.460 --> 01:43:55.009 Community Hall: I encourage you to the public, let's just proceed with this, with this. Well, if Commissioner Fung is making that motion, I'm happy to entertain that with a second. 830 01:43:55.010 --> 01:44:06.759 Community Hall: He just… he just clarified, Commissioner Arau, that he's not making that motion, that he… he… he meant just to… just to take a break from this item tonight and reconvene after the ATP item. 831 01:44:06.760 --> 01:44:15.820 Community Hall: Okay, thank you, everyone, for opining. I think that the amount of time we're spending discussing this discussion is probably too much, so I would like to just give 832 01:44:15.860 --> 01:44:21.280 Community Hall: Commissioner Rao, another 10 to 15 minutes, and then we will entertain a motion. 833 01:44:23.510 --> 01:44:25.770 Community Hall: We already have a motion, actually. 834 01:44:25.920 --> 01:44:28.199 Community Hall: Yes, then we will vote on the motion. 835 01:44:30.740 --> 01:44:38.490 Community Hall: I would like to ask staff the question, is there any basis at all on which you would find this non-confirmant to the GP? 836 01:44:41.250 --> 01:44:43.319 Community Hall: There were, but I've been in the staff report. 837 01:44:43.980 --> 01:44:53.809 Community Hall: No, we… there's no basis. Again, general plan conformance, you're supposed to focus what are the most salient elements of the general plan that bear on this project. 838 01:44:53.920 --> 01:45:01.889 Community Hall: It's very clear this is a housing element priority housing site. If people haven't heard me say that yet, I can say it one more time. 839 01:45:02.030 --> 01:45:08.660 Community Hall: That is the most important aspect of this project in its relation to the City's General Plan. 840 01:45:10.250 --> 01:45:11.480 Community Hall: That's all I can say. 841 01:45:13.270 --> 01:45:19.780 Community Hall: And so, in staff's judgment, there would be no circumstances under which a project that chooses to vacate public 842 01:45:20.130 --> 01:45:24.050 Community Hall: Right away, because it was deemed a housing element. 843 01:45:24.870 --> 01:45:26.339 Community Hall: a potential site. 844 01:45:26.560 --> 01:45:34.219 Community Hall: would ever be non-conformant to the general plan. So we would… we would ignore all elements of the general plan once we decide that a roadway 845 01:45:34.350 --> 01:45:37.860 Community Hall: Our right-of-way could be on the housing element. 846 01:45:38.350 --> 01:45:43.970 Community Hall: That is not at all what I said. I'm talking about this site, just this site. 847 01:45:44.280 --> 01:45:56.579 Community Hall: And just the vacation and disposition of the right-of- way, not any future hypothetical site. And so, to help us apply judgment on what might be potential basis for non-conformance, could you take 848 01:45:56.730 --> 01:46:01.809 Community Hall: An example of any other hypothetical right-of-way where non-conformance could be established. 849 01:46:01.970 --> 01:46:11.620 Community Hall: I don't really wish to speculate on something that hypothetical. Would the city attorney be able to guide commissioners on what, if anything, would be a basis for non-conformance? 850 01:46:23.290 --> 01:46:24.920 Community Hall: That could be one, sure. 851 01:46:26.420 --> 01:46:32.610 Community Hall: I imagine you want to vacate the right-of-way to build a… Casino. 852 01:46:33.700 --> 01:46:36.089 Community Hall: That may be contrary to the general plan. 853 01:46:39.220 --> 01:46:40.620 Community Hall: Unless you're in Nevada. 854 01:46:43.690 --> 01:46:49.879 Community Hall: Could the city envision a mixed-use project that puts a casino on the ground floor and housing on the upper floors? 855 01:46:50.910 --> 01:46:59.689 Community Hall: Yeah, it's… I shouldn't have said it. You know, this is running far afield, these hypotheticals from the matter before you, which is… 856 01:47:00.310 --> 01:47:05.190 Community Hall: This particular priority housing site in our housing element. 857 01:47:05.510 --> 01:47:19.329 Community Hall: Is the vacation of the right-of-way conformance to the general plan? It really is a yes or no. I respectfully beg to differ. I think this Commission has basically asked to look at general plan conformance. 858 01:47:19.370 --> 01:47:28.390 Community Hall: It is unclear what the basis would be for non- conferments. When we pick on individual elements and individual policies, we are told that is not to be considered. 859 01:47:28.510 --> 01:47:37.569 Community Hall: When we are asked to provide… when we ask to provide evidence in support of staff's findings, we are told that is not necessary. 860 01:47:37.970 --> 01:47:44.010 Community Hall: Further, we are told the SQ item has already been heard by the city, so to me, this… 861 01:47:44.410 --> 01:47:47.599 Community Hall: is making a mockery of the Planning Commission, and it's wrong. 862 01:47:48.360 --> 01:47:57.549 Community Hall: I do not understand what the Planning Commission's role is if we have no basis for non-conferments, and we have no basis to ask for evidence in support of staff's findings. 863 01:48:00.020 --> 01:48:11.959 Community Hall: Having said that, I will make a substitute motion to find that the project is not in conformance with the general plan on the basis of a lack of evidence in support of staff's findings, and on the basis of 864 01:48:12.350 --> 01:48:18.479 Community Hall: specific objections that I can either choose to itemize, or we can leave the policy as is. 865 01:48:18.780 --> 01:48:22.859 Community Hall: I will leave it to the chair whether you want me to itemize on a line-by-line basis, which… 866 01:48:22.980 --> 01:48:27.080 Community Hall: element policies… Would be non-confirmant. 867 01:48:27.180 --> 01:48:28.220 Community Hall: Do we need that? 868 01:48:28.440 --> 01:48:36.780 Community Hall: Yes, how long is the… go ahead, go ahead, read it. I make a motion, I make a substitute motion to find that the… 869 01:48:38.480 --> 01:48:50.639 Community Hall: recommendations from staff are not in confirmance. The vacation of public right-of-way and the disposition of public right-of- way is not in confirmance with the general plan on the basis of 870 01:48:50.860 --> 01:49:01.739 Community Hall: Lack of evidence in support of staff's findings, and on the basis of non-conference with the mobility element, the infrastructure element, the land use element. 871 01:49:03.350 --> 01:49:04.630 Community Hall: Do I have a second? 872 01:49:06.270 --> 01:49:07.250 Community Hall: I'll second that. 873 01:49:11.280 --> 01:49:14.380 Community Hall: We have a motion and a second. Are there any discussions? 874 01:49:16.070 --> 01:49:20.080 Community Hall: Can we have a voice vote, please? Commissioner Fung? 875 01:49:20.350 --> 01:49:21.080 Community Hall: No. 876 01:49:21.540 --> 01:49:23.000 Community Hall: Commissioner Linskog? 877 01:49:23.320 --> 01:49:24.040 Seema Lindskog, Commissioner: No. 878 01:49:25.200 --> 01:49:26.870 Community Hall: Commissioner Rao? 879 01:49:27.280 --> 01:49:28.120 Community Hall: Yes. 880 01:49:29.430 --> 01:49:31.799 Community Hall: Vice Chair Sharf? No. 881 01:49:32.830 --> 01:49:34.899 Community Hall: Chair Casolshron? Yes. 882 01:49:38.550 --> 01:49:42.819 Community Hall: The motion fails, with Commissioner Rao and Chair Casolshron voting yes. 883 01:49:43.890 --> 01:49:49.810 Community Hall: So that brings us back to the original motion. Are we ready to vote on the original motion? Any… 884 01:49:50.130 --> 01:49:53.270 Community Hall: Yes, we are, okay. Maybe we have a voice vote? 885 01:49:55.050 --> 01:49:56.980 Community Hall: Commissioner Fung? Yes. 886 01:49:58.390 --> 01:49:59.810 Community Hall: Commissioner Lynn Scott? 887 01:50:00.220 --> 01:50:00.850 Seema Lindskog, Commissioner: Yes. 888 01:50:02.280 --> 01:50:04.229 Community Hall: Commissioner Rao? No. 889 01:50:05.090 --> 01:50:07.250 Community Hall: Vice Chair Sharf? Yes. 890 01:50:07.620 --> 01:50:09.780 Community Hall: Cherokee Solshiron? No. 891 01:50:10.500 --> 01:50:14.899 Community Hall: The motion carries with Commissioner Rao and Chair Casolcheron voting no. 892 01:50:17.730 --> 01:50:29.579 Community Hall: All right, thank you very much, to the members of the public, and we will move on. No, no, no, I'm sorry, I apologize. I believe there's a second resolution, unless that was part of your first motion, Commissioner Sharp. 893 01:50:30.110 --> 01:50:32.880 Community Hall: You're right. Okay. Commissioner Scharf, go ahead. 894 01:50:35.060 --> 01:50:40.179 Community Hall: Oh, so I would like, make a motion to adopt a resolution finding the location, purpose. 895 01:50:40.290 --> 01:50:48.890 Community Hall: An extent of the disposition of the Mary Avenue project site APN32627053 is consistent with the general plan. 896 01:50:49.200 --> 01:50:50.410 Seema Lindskog, Commissioner: I'll second that. 897 01:50:53.730 --> 01:51:05.340 Community Hall: All right, may we have a vote, please? Discussion? Oh, okay, sorry, any discussion on this? Yes, I would like to comment briefly that disposition at this stage 898 01:51:06.500 --> 01:51:11.099 Community Hall: Cannot yet be contemplated, because all we are finding is confirmants. 899 01:51:11.580 --> 01:51:15.649 Community Hall: to disposition, and I would reiterate the point that was made, which is… 900 01:51:16.730 --> 01:51:20.360 Community Hall: There is a lack of evidence in the staff's findings. 901 01:51:20.580 --> 01:51:26.519 Community Hall: Because the staff's findings are based solely and wholly on the identified project. 902 01:51:26.830 --> 01:51:36.099 Community Hall: The identified project is based on an RFP that is not in front of us that we cannot examine to see if it is whole and complete, and the only option available to us. 903 01:51:36.350 --> 01:51:39.440 Community Hall: The RFP is not available for us to, in fact. 904 01:51:39.610 --> 01:51:49.509 Community Hall: ascertain if there were alternatives that would have brought in more bids. For example, did the RFP talk about a ground lease or a sale? So we do not know 905 01:51:49.890 --> 01:51:52.890 Community Hall: On the basis of this set of findings from staff. 906 01:51:53.250 --> 01:51:56.139 Community Hall: That this is the only option in front of us, and given that 907 01:51:56.450 --> 01:52:03.160 Community Hall: In the 25-year history we have only vacated roadway thrice, there could have been other options that we have not fully considered. 908 01:52:03.260 --> 01:52:09.350 Community Hall: I remind our Commissioners to look at the verbiage in Section 1, and I rest my comments. Thank you. 909 01:52:10.420 --> 01:52:12.769 Community Hall: Thank you, Commissioner Rao. Commissioner Winscab? 910 01:52:13.960 --> 01:52:20.669 Seema Lindskog, Commissioner: Yeah, hi, I didn't get a chance to make my comments earlier, so I'd like to make them now. So, I mean… 911 01:52:20.670 --> 01:52:43.169 Seema Lindskog, Commissioner: This is a project that's been in the works for 10 years. Our current council, I think every single one of them voted for it when they were in the Planning Commission or as council members. Many of the current commissioners have voted on it. It's been reviewed and approved over and over and over again. It's a very good project. Is it perfect? No. 912 01:52:43.260 --> 01:52:57.930 Seema Lindskog, Commissioner: you know, is anyone, you know, is it perfect in any way? No, but it's a good project, and it deserves to move forward, because we need to be more welcoming of our IDD population, and this solves a real problem. 913 01:52:57.930 --> 01:53:12.609 Seema Lindskog, Commissioner: It is, you know, as the city attorney and the city staff keep reminding us, the scope is very clear. Is it… whether it's consistent with the general plan, not whether we got RFPs, not whether there are other sites available or not. 914 01:53:12.610 --> 01:53:16.869 Seema Lindskog, Commissioner: Not any of the other issues that have been raised by, 915 01:53:16.910 --> 01:53:27.199 Seema Lindskog, Commissioner: Commissioner Rao, it's a very simple, straightforward, is it consistent with the general plan? And I, for one, am happy to vote, in favor of this project. Thank you. 916 01:53:30.390 --> 01:53:33.590 Community Hall: Thank you very much, and with the clarification that we are not 917 01:53:33.700 --> 01:53:41.629 Community Hall: technically voting for this project, but just opining on the consistency with general plan. Any other comments? 918 01:53:41.880 --> 01:53:43.530 Community Hall: Through… through the chair. 919 01:53:43.850 --> 01:53:49.360 Community Hall: Can the city attorney verify if 920 01:53:49.560 --> 01:53:59.969 Community Hall: Commissioner Lindskogg is holding office in the Rotary, and therefore needs to recuse herself on this vote, as the Rotary is the applicant for the project, or co-applicant. 921 01:54:02.280 --> 01:54:04.370 Seema Lindskog, Commissioner: I don't hold office in the Rotary. 922 01:54:08.990 --> 01:54:10.119 Community Hall: Does that answer your question? 923 01:54:13.600 --> 01:54:17.380 Community Hall: Commissioner Linskog, as a Rotary member, is not required to recuse. 924 01:54:18.430 --> 01:54:25.079 Community Hall: Is she just a member, or is she an officer that I'm asking the city manager? Yeah, she's just a member, and she just doesn't need to recuse herself. 925 01:54:26.360 --> 01:54:30.679 Community Hall: But that's… that's up to her to make that decision, whether she believes she has a conflict. 926 01:54:32.450 --> 01:54:41.789 Seema Lindskog, Commissioner: Let me speak to that, if I may. I am a member of the Rotary, I am not involved with the housing development group that's 927 01:54:41.990 --> 01:55:00.240 Seema Lindskog, Commissioner: a member of the Rotary, that's like saying I'm a resident of Cupertino, therefore I'm responsible for everything the Cupertino city does. I'm not involved in it, I'm not an officer of the Rotary, I have not been involved ever with the housing group in the Rotary, so I don't see a reason to recuse myself. 928 01:55:01.750 --> 01:55:08.430 Community Hall: Would the City Attorney like to confirm if a committee membership would qualify for accusal, and whether there is a committee membership involved here? 929 01:55:09.710 --> 01:55:23.589 Community Hall: I probably would need to take some time to understand the background facts, but the most important thing is, it really is up to the individual commissioners, the members of the body, to decide whether they have 930 01:55:23.810 --> 01:55:27.339 Community Hall: It's such a conflict that they believe they need to recuse themselves. 931 01:55:28.380 --> 01:55:29.590 Community Hall: Thank you, Sitiator. 932 01:55:33.140 --> 01:55:36.880 Community Hall: Thank you. Any other further comments? Okay. 933 01:55:37.120 --> 01:55:39.490 Community Hall: I believe we are ready for a vote. 934 01:55:39.930 --> 01:55:41.270 Community Hall: Commissioner Fung? 935 01:55:42.930 --> 01:55:45.849 Community Hall: Yes, I voted I. 936 01:55:46.060 --> 01:55:47.440 Community Hall: Commissioner Linskop? 937 01:55:47.940 --> 01:55:48.680 Seema Lindskog, Commissioner: Hi. 938 01:55:49.830 --> 01:55:51.830 Community Hall: Commissioner Rao? Nope. 939 01:55:52.670 --> 01:55:54.900 Community Hall: Vice Chair Sharf? Aye. 940 01:55:55.830 --> 01:55:57.859 Community Hall: Chair Kasulcheron? Nope. 941 01:55:58.530 --> 01:56:02.569 Community Hall: The motion carries, with Commissioner Rao and Chair Solchron voting no. 942 01:56:05.430 --> 01:56:14.970 Community Hall: Thank you very much. Does the Commission have any need for 5 minutes of a break? Any interest? Yes, thank you. Okay, we will adjourn for 5 minutes. Thank you. 943 02:04:50.850 --> 02:04:54.980 Community Hall: All right, thank you very much, and we're… before we move on to the study session… 944 02:04:55.480 --> 02:05:03.170 Community Hall: Arau had a motion he wanted to make regarding the order of the items. Yeah, through the chair, if I may make a motion to move the… 945 02:05:03.520 --> 02:05:05.660 Community Hall: the… 946 02:05:06.150 --> 02:05:12.140 Community Hall: Staff and Commission reports and future agenda setting items up front, so that planning staff may leave after that. 947 02:05:12.880 --> 02:05:14.319 Community Hall: I'll second that motion. 948 02:05:15.880 --> 02:05:17.909 Community Hall: Can we have a vote, please? Thank you. 949 02:05:18.210 --> 02:05:20.030 Community Hall: Commissioner Fung? Aye. 950 02:05:20.950 --> 02:05:22.919 Seema Lindskog, Commissioner: Sorry, can I make a comment before we vote? 951 02:05:22.920 --> 02:05:24.030 Community Hall: Yes. 952 02:05:24.740 --> 02:05:41.749 Seema Lindskog, Commissioner: So, I sent an email to the staff about this, but they're about to cut the electricity on me in, like, about 10 to 15 minutes, so I would actually prefer if we do the ATP first, I'm able to provide comment on that agenda item before, they… 953 02:05:41.810 --> 02:05:45.950 Seema Lindskog, Commissioner: the neighborhood loses all electricity, and I'm kicked off the meeting? 954 02:05:47.410 --> 02:05:58.099 Community Hall: Okay, then I will withdraw my second and… Through the chair, this should take us less time than the discussion we're having, if we can let staff finish up and leave, otherwise they will have to stay the whole night. 955 02:05:58.860 --> 02:06:09.890 Community Hall: I want to respect the lack of electricity. I'm not sure what that situation is, so let's quickly move on. Is there, City Attorney, anything procedurally 956 02:06:10.070 --> 02:06:19.149 Community Hall: we need to do to withdraw the motion. Okay, thank you. Okay, so we will, try to quickly move on to study session. Mr. Chair, do I have an alternate second to… 957 02:06:19.740 --> 02:06:22.629 Community Hall: Give 3 minutes so that staff can leave after that. 958 02:06:23.250 --> 02:06:24.809 Community Hall: Is there an alternate second? 959 02:06:26.870 --> 02:06:28.590 Community Hall: Sounds like we don't. Alright. 960 02:06:30.370 --> 02:06:42.019 Community Hall: All right, so we will move on to the study session and, you know, we'll try to be expedient due to electricity issues. Do we have a staff report on the update of Active Transportation Plan? 961 02:06:42.680 --> 02:06:45.790 Community Hall: Yes, Chair, there is a staff report and presentation. 962 02:06:48.540 --> 02:07:02.059 Community Hall: So, good evening, Commission. My name is Matt Schrader, Senior Transportation Planner. I'll be providing an update on the Active Transportation Plan and the work that has been completed since this item was presented before you in September of last year. 963 02:07:02.930 --> 02:07:07.360 Community Hall: So, tonight we'll go over the project again, just to remind you about its purpose. 964 02:07:07.520 --> 02:07:25.689 Community Hall: The outreach that was performed during Phase 2 and what we heard, the changes that we made based on the comments from the commissions, the public, and Council, and then some new guidelines that we intend to incorporate in the final plan, which will aid with project delivery, as well as assessing project success. 965 02:07:27.690 --> 02:07:45.479 Community Hall: So the project is a CWP project. It's also a recommended measure in the CAP, and a recommended action in the City's Vision Zero Action Plan. Council approved funding in June of 2024, and then approved the contract in December of 2024, and the 966 02:07:45.480 --> 02:07:49.429 Community Hall: Plan, or the project itself started in early 2025. 967 02:07:50.990 --> 02:08:01.559 Community Hall: So, the purpose of the Active Transportation Plan, just as a quick reminder, is to make it easier to walk and bike in the city. It identifies gaps in the walking and biking network. 968 02:08:01.680 --> 02:08:07.780 Community Hall: And then uses data analysis and public input to come up with recommendations for addressing those gaps. 969 02:08:10.170 --> 02:08:14.580 Community Hall: So, we just concluded Phase 2, which was the project recommendations phase. 970 02:08:14.780 --> 02:08:26.500 Community Hall: And during this phase, we reached out to the public to see which of the proposed network recommendations they preferred. We're going to present their preferences here tonight, following Phase 2. 971 02:08:26.640 --> 02:08:42.360 Community Hall: We then transition into the preparation of the draft plan, where essentially we're just combining all the elements that have been developed over Phase 1 and Phase 2 into a document, and then bringing that in June for adoption consideration. 972 02:08:44.950 --> 02:09:01.000 Community Hall: So, the plan was presented following Phase 1 to the BPC Planning and City Council, and we received several comments from the Commissions and Council, both related to the project scoring criteria, as well as to the plan itself. 973 02:09:04.130 --> 02:09:06.540 Community Hall: So, first, what we heard from the public. 974 02:09:07.660 --> 02:09:20.590 Community Hall: The public was reviewing the network recommendations, and these were recommendations that were developed following Phase 1, which was the needs assessment and existing conditions phase, and the network recommendations are based off of, 975 02:09:20.590 --> 02:09:28.130 Community Hall: State and federal guidance, past plans from the city, public input, and data analysis, like the active trip potential work. 976 02:09:29.600 --> 02:09:43.189 Community Hall: The network recommendations are categorized into both bike and ped. Here we see the bike projects, so shared use, Class 4 separated, Class 2B buffer, Class 2 bike lanes, and neighborhood routes. 977 02:09:45.510 --> 02:09:51.229 Community Hall: And then for the… pedestrian projects, these projects were grouped into typologies, and 978 02:09:51.540 --> 02:10:07.260 Community Hall: when it comes around to delivering the projects, this will help with, being able to be flexible in the delivery process. So they're grouped into typologies. Type A is signage and striping. Type B, you can think of as physical improvements. 979 02:10:07.320 --> 02:10:17.969 Community Hall: And Type C relate to traffic signal, changes, modifications, traffic control… Excuse me, can I interrupt you for one minute? Yeah. Can we get the screen to just show the slide? 980 02:10:18.180 --> 02:10:22.369 Community Hall: Oh, I'm sorry about that. Okay, thank you. Okay, thank you. 981 02:10:24.440 --> 02:10:33.649 Community Hall: So, Phase 2 consisted of 8 pop-up events, 2 community workshops, 1 in person and 1 virtual, and then 3 public hearings that I mentioned previously. 982 02:10:33.960 --> 02:10:39.389 Community Hall: In the photos here, we have the Creekside Farmers Market, the Senior Center, and Diwali Festival. 983 02:10:41.460 --> 02:10:42.470 Community Hall: So… 984 02:10:44.070 --> 02:10:49.659 Community Hall: The public comment on both the bike and ped projects. Here we see the pedestrian projects and kind of the… 985 02:10:49.830 --> 02:11:01.740 Community Hall: information that we gathered from the community during this phase. So there was strong support for the shared use projects, obviously, as well as strong support for improving intersections along key roadways. 986 02:11:01.860 --> 02:11:06.769 Community Hall: Those being Stelling, De Anza, Stevens Creek, Blaney, and Bollinger. 987 02:11:08.770 --> 02:11:28.010 Community Hall: For the bike network, again, there was strong support for shared use paths, as well as upgrading facilities on the city's major roadways, and then also wanting there to be extra focus on how to improve access to schools for students that bike, specifically figuring out how to prove neighborhood connectivity through traffic calming measures. 988 02:11:30.910 --> 02:11:45.349 Community Hall: And here we see the community's preferred network recommendations. So on the left, it's the pedestrian projects. You can see that the trail projects appear at the top, as well as some major intersections, like Blaney and Stevens Creek. 989 02:11:45.480 --> 02:11:51.719 Community Hall: And then for the bike projects, the shared use paths were removed, so we're just looking at the roadway facility projects here. 990 02:11:52.130 --> 02:12:00.449 Community Hall: So, major roadways, again, Stevens Creek, Blaney, Homestead, Bollinger, and Stelling were the community's preferred bikeway projects. 991 02:12:04.100 --> 02:12:13.699 Community Hall: So in September, we presented the draft project scoring criteria and made some changes to that criteria based on the comments we received from the commissions and Council. 992 02:12:16.430 --> 02:12:21.740 Community Hall: And during our presentations, there was clear consensus across, these three bodies. 993 02:12:22.300 --> 02:12:25.690 Community Hall: Mainly that safety for students should be prioritized. 994 02:12:25.810 --> 02:12:34.659 Community Hall: The scoring metrics themselves should be very objective and data-based, and then technology solutions need greater consideration. 995 02:12:34.660 --> 02:12:49.520 Community Hall: So, rather than having those improvement projects included as programmatic elements, we've elevated those so that there are now network recommendations that stand alone equally with traditional network recommendations, like the bike and PET projects. 996 02:12:52.020 --> 02:13:08.840 Community Hall: So what this means… so, for the bike network, changes, the revisions we made, when looking at the high injury network, we made some modifications to scoring so that a project would receive 20 points if it's on the high injury network, and 10 if it's within 1,000 feet. 997 02:13:09.270 --> 02:13:27.500 Community Hall: And then, rather than using a distance-based proximity scoring for schools, for school access, we looked at the safe routes to school, suggested routes to school. So if a project, aligns with a suggested route to school, it would receive max points. That's more precise. 998 02:13:27.500 --> 02:13:32.670 Community Hall: And better applies to what we know existing transportation behavior to be. 999 02:13:33.070 --> 02:13:43.540 Community Hall: Council provided direction to also, make extra consideration to potential impacts to arterials, so that scoring has been added to the balance criterion. 1000 02:13:43.740 --> 02:13:50.760 Community Hall: Fairness has now been removed, and then Council requested that cost-effectiveness be included in the project scoring. 1001 02:13:52.710 --> 02:14:09.239 Community Hall: So the same changes were applied to the pedestrian criteria. The balance doesn't really apply here, but the other, scoring changes, like, oh, and I forgot to mention, for the bike network, that destinations for seniors was also included. 1002 02:14:10.170 --> 02:14:13.129 Community Hall: And then for the sidewalk projects, similar scoring. 1003 02:14:14.970 --> 02:14:28.239 Community Hall: And then, now we get to the new project category, which was developed in order to address the comments we received from Council, which was that technology should be prioritized. So we've created these transportation technology corridors 1004 02:14:28.240 --> 02:14:38.659 Community Hall: And we did this by first looking at the Typology C intersections that were the recommendations. And as a reminder, these are the traffic signal and control improvement projects. 1005 02:14:39.040 --> 02:14:39.930 Community Hall: And then… 1006 02:14:40.160 --> 02:14:50.029 Community Hall: looked at those locations and evaluated their overlap with the Vision Zero High Injury Network. Then we also considered which of those intersections the city actually 1007 02:14:50.130 --> 02:15:05.960 Community Hall: maintains and has control over. And then, following that, we looked at where along those corridors there's higher rates of collisions where the primary collision factor is either red light running or, traffic signal violations. 1008 02:15:07.550 --> 02:15:14.960 Community Hall: And then based off of that, we've developed 5, technology corridors that will then be scored equally with the bike and pet projects. 1009 02:15:17.520 --> 02:15:21.680 Community Hall: And now, using that draft criteria, we rank the projects. 1010 02:15:21.730 --> 02:15:39.309 Community Hall: And the key takeaway here is that the top projects using this criteria are ones that are school-related, Vision Zero-related, and relatively low cost. And this is especially true when you look at potential projects that are on a suggested throughout the school, and also on a high injury network. 1011 02:15:39.330 --> 02:15:43.570 Community Hall: So, when looking at the number one project here, De Anza and Lazano. 1012 02:15:43.880 --> 02:15:50.580 Community Hall: It's a high-injury network roadway, it's a suggested route to school, and its signage and striping, so relatively low cost. 1013 02:15:50.770 --> 02:16:04.609 Community Hall: Additionally, the scoring also prioritizes projects where there are fewer potential trade-offs, which is why a lot of the neighborhood route projects score better than some of the buffered or separated bike lane projects. 1014 02:16:08.210 --> 02:16:17.289 Community Hall: And then, in addition to the revisions to the scoring criteria, we also developed new, policy guidelines to include in the Active Transportation Plan. 1015 02:16:18.480 --> 02:16:24.119 Community Hall: The first of which is a project impact assessment, and this is based on comments that 1016 02:16:24.120 --> 02:16:39.059 Community Hall: we've received from the community, as well as from the commissions and Council, about how to adequately consider potential project impacts prior to construction. So what this is saying is that once a project has been initiated by the City Council. 1017 02:16:39.059 --> 02:16:58.130 Community Hall: and a 30% design is complete. That design, if there are known impacts that are discovered, will then be presented to the City Council. The City Council will look at those, evaluate the trade-offs, and determine whether or not that project should undergo more detailed traffic analysis to better understand its full effects. 1018 02:16:59.170 --> 02:17:11.720 Community Hall: That analysis work will then be, developed, brought back to the City Council for their review, for their consideration, and for them to make a decision on how they would like to proceed based on those results. 1019 02:17:13.770 --> 02:17:15.079 Community Hall: And then the next… 1020 02:17:15.240 --> 02:17:26.729 Community Hall: policy memo is the project effectiveness guidelines, and this is really about how to measure success for projects. So, again, following project initiation, and once design is complete. 1021 02:17:26.790 --> 02:17:41.609 Community Hall: And prior to construction, staff will conduct pre-project counts along the project limits for certain bikeway projects, these being separated bikeway projects, and buffered bikeway projects, and standard Class 2 projects. 1022 02:17:42.080 --> 02:18:01.280 Community Hall: And we're doing this so that we can get a baseline understanding of what ridership is, as well as an understanding of what the collision rates along the project limits are, so that once the project is built, and a suitable amount of time has really passed to account for potential changes in cycling ridership, then we'll 1023 02:18:01.840 --> 02:18:04.690 Community Hall: Do the same counts, same locations. 1024 02:18:04.780 --> 02:18:25.129 Community Hall: Look at the collision data and make a judgment on whether or not cycling… cycling rates are increasing, collision rates are decreasing or staying the same. So, this will allow staff to better understand how certain designs may impact cycling ridership, and it also aligns with Vision Zero and Climate Action Plan goals. 1025 02:18:28.209 --> 02:18:41.610 Community Hall: So the next steps for the ATP are to go to the BPC and Council for review, and then based on potential comments received at those meetings, staff will address any of those that come from Council. 1026 02:18:41.650 --> 02:18:53.589 Community Hall: And, begin the preparation of the draft plan. That draft plan will then be developed and released to the public in the form of a editable PDF, so it can be reviewed and commented on for a month. 1027 02:18:54.059 --> 02:19:06.390 Community Hall: Following that public review period, we will then address any comments that come up, and then bring the plan to Council in June for potential adoption consideration. 1028 02:19:09.660 --> 02:19:10.450 Community Hall: Thank you. 1029 02:19:12.930 --> 02:19:24.439 Community Hall: Thank you very much, and we will bring it back to the Commission for questions. I did want to first, ask if Commissioner Linskogg has any, since I am aware that she may be running out of electricity. 1030 02:19:25.420 --> 02:19:37.820 Seema Lindskog, Commissioner: Yeah, thank you, Chair Commissioner. So, yeah, I… hopefully I still have power, but I'll try to switch to my phone if I… if I, if they turn off the power. 1031 02:19:38.250 --> 02:19:48.630 Seema Lindskog, Commissioner: So, I spent some time looking at the prioritization, and I actually reached out to the city staff to see if I could get the details of the scoring, because 1032 02:19:48.630 --> 02:19:59.610 Seema Lindskog, Commissioner: some of it looked really not intuitive to me, and apparently the detail scoring is not available yet, so I would encourage us to… 1033 02:19:59.650 --> 02:20:11.290 Seema Lindskog, Commissioner: schedule a follow-up on this, item when the detail scoring is available, because there's some real questions here. So as I look at it, it seems to me like… 1034 02:20:11.290 --> 02:20:23.070 Seema Lindskog, Commissioner: The scoring system is putting too heavy a weight on safety on school routes, to the detriment of pretty much all of the criteria, including safety on the Vision Zero High Injury Network. 1035 02:20:23.070 --> 02:20:27.000 Seema Lindskog, Commissioner: Which is not consistent with the goals of 1036 02:20:27.070 --> 02:20:46.900 Seema Lindskog, Commissioner: all the other reports that have been done in the past in the Bike Ped Commission, like the Vision Zero Plan, the Climate Action Plan, the Local Road Safety Plan, the 2018 VTA County Bicycle Plan, etc. So, for example, a child died, and another was seriously injured on Foothill Boulevard. 1037 02:20:46.900 --> 02:21:07.109 Seema Lindskog, Commissioner: And the ATP does include sidewalks that are proposed on parts of Foothill, but they're ranked 121 to 160-something to 184 in the plans, which is far, far below what it should be, considering that this was one of the most serious injuries that happened in our city in a decade. 1038 02:21:07.110 --> 02:21:17.520 Seema Lindskog, Commissioner: The ATP prioritization, does not consider the high injury network data, as much as it should. So, for example. 1039 02:21:17.520 --> 02:21:23.919 Seema Lindskog, Commissioner: The number one most dangerous intersection in Cupertino, according to the Vision Zero High Injury Network, 1040 02:21:23.970 --> 02:21:29.790 Seema Lindskog, Commissioner: was De Anza and Homestead, but in the ATP, it's ranked 65th. 1041 02:21:29.810 --> 02:21:42.350 Seema Lindskog, Commissioner: In our priorities. 9 of the top 20 most dangerous intersections in the city, per the Vision Zero report, didn't even make it into the ATP. They're not even there, they're absent. 1042 02:21:42.350 --> 02:22:00.920 Seema Lindskog, Commissioner: That's a full 45%, almost half. And then the ones that are in the ATP scoring, that they're ranked, well below, like, I think the average rating for all of them is around 44, and these are the top 20 most dangerous intersections in the city. 1043 02:22:00.920 --> 02:22:07.539 Seema Lindskog, Commissioner: For example, the intersection at September Drive and McClellan is ranked 24, 1044 02:22:07.860 --> 02:22:18.940 Seema Lindskog, Commissioner: And Rodriguez and Terry Way is ranked 49th. They're both ranked higher than some of the most dangerous intersections in the city, so De Anza and Stevens Creek Boulevard is ranked 56th. 1045 02:22:18.940 --> 02:22:30.900 Seema Lindskog, Commissioner: De Anza in Homestead is ranked 65. De Annza and Prospect ranked 183. De Anza and Rainbow ranked 201. And again, these are some of the most dangerous intersections in the city. 1046 02:22:31.100 --> 02:22:33.689 Seema Lindskog, Commissioner: So, there's something really… 1047 02:22:33.830 --> 02:22:49.230 Seema Lindskog, Commissioner: that's not working with the scoring, and I don't know… I don't understand why, and that's why I asked for the detail scoring, and I don't know that we can make a determination until we see this, but I would really encourage the staff to go back and think about this some more, because 1048 02:22:49.230 --> 02:23:02.389 Seema Lindskog, Commissioner: this… this doesn't seem right at all. The other issues, I know you mentioned cost-effectiveness. I'm wondering whether cost-effectiveness… the weight of the cost-effectiveness is too high, because a lot of the projects we're seeing are just 1049 02:23:02.400 --> 02:23:26.500 Seema Lindskog, Commissioner: striping on the sidewalk, I mean, on the road. We know that the vast majority of the cost of these… of, pedestrian and cycling projects are covered by grants. Bike ped projects are some of the most efficient projects cost-wise for the city, because of their potential for getting grants. So, while I understand and 1050 02:23:26.500 --> 02:23:34.000 Seema Lindskog, Commissioner: you know, accept that cost-effectiveness is an issue. The weight for that seems to be too high, given the fact that 1051 02:23:34.260 --> 02:23:48.729 Seema Lindskog, Commissioner: grants will cover a lot of that cost, and it's limiting us in terms of adopting more important projects, like some of those top 20, high-injury network intersections. So, my recommendation would be 1052 02:23:48.730 --> 02:23:58.029 Seema Lindskog, Commissioner: staff needs to go back and rethink the current criteria, and at the very least come back and show us the detailed scores once they have them available. Thank you. 1053 02:23:59.670 --> 02:24:02.180 Community Hall: Thank you, Commissioner Rao, it looked like you had something. 1054 02:24:02.470 --> 02:24:07.150 Community Hall: Yes, can the chair clarify if you're doing clarifying questions at this time? 1055 02:24:07.530 --> 02:24:13.179 Community Hall: I had originally said clarifying questions, it seems like we went into comments. We can 1056 02:24:13.380 --> 02:24:20.740 Community Hall: usually would start with questions, yes. Thank you. If I may ask a question of staff… the… 1057 02:24:21.050 --> 02:24:27.349 Community Hall: staff report indicates that Council Gave very specific feedback. 1058 02:24:28.140 --> 02:24:31.840 Community Hall: To staff, to drop the public input from ranking criteria. 1059 02:24:32.650 --> 02:24:36.609 Community Hall: And yet, much of the staff presentation was based on community input. 1060 02:24:37.200 --> 02:24:42.079 Community Hall: So I'm curious why we are still talking about community input and feedback when 1061 02:24:42.310 --> 02:24:46.010 Community Hall: Council's clear direction was to draw public input from the ranking criteria. 1062 02:24:47.250 --> 02:24:51.079 Community Hall: Yeah, so public input was dropped from the ranking criteria. 1063 02:24:51.190 --> 02:25:03.210 Community Hall: The information about what the public's preference is as it relates to those projects was included, just to provide a summary of the work that staff completed over the fall, which included a lot of those engagement events. 1064 02:25:03.360 --> 02:25:08.390 Community Hall: But none of that public input went into the actual project scoring itself. 1065 02:25:09.370 --> 02:25:16.810 Community Hall: Yeah, it seems like we continue to sort of work around Council's direction when Council is very clear that public input 1066 02:25:17.110 --> 02:25:31.419 Community Hall: is to be dropped, I would have liked to see the staff report and presentation just drop it. I'm not sure what, because much of the presentation covered what the community wants, and the council has clearly said they do not want to see that, because it is not objective and unreliable as captured in your doc. 1067 02:25:31.490 --> 02:25:47.940 Community Hall: If I may just add that the, that aspect was dropped from the prioritization criteria, but the public has informed the project list itself through the outreach that we performed. So the foundation of the plan, being the projects, was informed by the public. 1068 02:25:48.110 --> 02:25:53.839 Community Hall: But the council direction was to discount it in the prioritization criteria, which is what we had done. 1069 02:25:56.540 --> 02:26:03.850 Community Hall: Yeah, I would take issue with the reference to this as public input. Much of our 60,000 people do not give you input. 1070 02:26:03.970 --> 02:26:10.899 Community Hall: The people that do give you input are motivated people to see certain types of projects. I was also present during some of your 1071 02:26:11.090 --> 02:26:13.599 Community Hall: field input sessions, I would recommend. 1072 02:26:13.700 --> 02:26:24.940 Community Hall: mesh order for excellent work and all of the work on weekdays and weekends that went into collecting input. We appreciate that and saw that firsthand. However, I will point out that public was not informed 1073 02:26:25.350 --> 02:26:27.490 Community Hall: Where they would be losing 1074 02:26:27.680 --> 02:26:36.450 Community Hall: street parking in front of their homes explicitly. I had to point that out to the public in the few times I was actually present, so if you might clarify if the… 1075 02:26:37.330 --> 02:26:47.159 Community Hall: Community input gathering explicitly disclosed to those that you were gathering input from that street parking in front of their homes would be lost if there were bike lane projects proposed on their lane. 1076 02:26:48.800 --> 02:26:53.639 Community Hall: This is an agri-transportation plan, so we were just talking about project concepts. 1077 02:26:54.660 --> 02:26:57.450 Community Hall: And we've kind of addressed a little bit 1078 02:26:57.500 --> 02:27:16.210 Community Hall: of those concerns in the project scoring, so those projects that we do know to have potential impacts, we don't know the full extent of them until a 30% design is complete, which is why we've prepared these policy guidelines to accompany the ATP. But the purpose of the ATP is to lay out kind of like a… 1079 02:27:17.080 --> 02:27:35.340 Community Hall: aspirational what-if vision for the city, and then, through project delivery, identify those impacts, and if they're unacceptable, the community, through outreach, either abandon the project or redesign it so it fits the community's needs. Thank you. I would… I would further assert 1080 02:27:35.720 --> 02:27:49.290 Community Hall: that much of the seniors, for example, showed little interest in giving input on bike lanes. However, if the starting of that conversation was around loss of state parking in front of their homes, or by the senior center or wherever. 1081 02:27:49.740 --> 02:28:00.330 Community Hall: they may be more engaged in giving input, and so just something for staff to consider. You know, seniors, we are a… we are an aging community. We hear that from Gene Bellard all the time. We are an aging community, and so… 1082 02:28:00.530 --> 02:28:11.079 Community Hall: I never see people biking to the senior center. I'm there pretty often, and the newest cohort of Cupertino seniors, I do not see people biking. My other question, really quickly. 1083 02:28:11.420 --> 02:28:17.670 Community Hall: you had input from Council to include… input from… 1084 02:28:17.950 --> 02:28:23.249 Community Hall: From, as you call it, impact to vehicular traffic due to these projects. 1085 02:28:24.470 --> 02:28:27.280 Community Hall: I don't see that captured. Did I miss it? 1086 02:28:28.270 --> 02:28:38.210 Community Hall: Yeah, so the council direction was specifically for accounting for potential impacts to the city's arterials, which was captured in the project scoring in the balance criterion. 1087 02:28:39.350 --> 02:28:43.020 Community Hall: Okay, but specifically it says impact to vehicular traffic, is that… 1088 02:28:43.550 --> 02:28:44.730 Community Hall: Map to what he just said. 1089 02:28:44.890 --> 02:28:54.939 Community Hall: Yes, so we already had impact of vehicular traffic in terms of how it's going to be considered in the project scoring, and the council direction was to 1090 02:28:55.140 --> 02:29:00.799 Community Hall: further look at, specifically, arterial roadways. So, both just 1091 02:29:01.310 --> 02:29:08.880 Community Hall: local streets, collectors, those had already been identified, and we wanted to address potential impacts there. And then the council direction was. 1092 02:29:09.120 --> 02:29:28.339 Community Hall: also specifically call out the arterials. And then there was an item on need input from drivers on dangerous points. Was that done? I didn't see that in the staff presentation. No, that's something that could have been done during Phase 1, because that was the existing conditions. I mean, we kind of did that with the public outreach. People were talking about dangerous points, and… 1093 02:29:28.840 --> 02:29:35.989 Community Hall: We were able to gather that information, but at this phase in the project, it's just not feasible. 1094 02:29:36.170 --> 02:29:36.920 Community Hall: Thank you. 1095 02:29:38.670 --> 02:29:43.159 Community Hall: Thank you. Do we have any other questions? Commissioner Sharp? Commissioner Vong? 1096 02:29:44.270 --> 02:29:45.839 Community Hall: My next turn. 1097 02:29:46.100 --> 02:29:47.540 Community Hall: Got it. You want me? 1098 02:29:48.400 --> 02:29:53.139 Community Hall: Okay, thank you. First… Let me ask the city attorney. 1099 02:29:53.280 --> 02:29:57.430 Community Hall: Do I need to disclose that I'm a senior, and for how long? 1100 02:29:58.270 --> 02:30:02.790 Community Hall: Because I believe I've been a senior a lot longer than Commissioner Rao. 1101 02:30:03.020 --> 02:30:06.869 Community Hall: You're a senior? I thought you were 45. Almost. 1102 02:30:07.910 --> 02:30:15.979 Community Hall: Anyway… I am often at the top two intersections in that priority list, and… 1103 02:30:18.350 --> 02:30:25.779 Community Hall: They're scary often, and one reason they're scary is there is almost no enforcement by our 1104 02:30:25.960 --> 02:30:29.070 Community Hall: Sheriff on people running red lights. 1105 02:30:29.540 --> 02:30:38.019 Community Hall: You mentioned speed enforcement as something in the plan, but nowhere do I see anything about red light enforcement. 1106 02:30:38.180 --> 02:30:43.759 Community Hall: Or… Enforcement of vehicles driving in the bike lanes. 1107 02:30:44.060 --> 02:30:50.280 Community Hall: So, years ago, when I was mayor, and I got a letter from a student at Kennedy. 1108 02:30:50.420 --> 02:31:00.239 Community Hall: saying they couldn't bike to school because the cars on Hyannisport were creating a second traffic lane in the bike lane, so… 1109 02:31:00.750 --> 02:31:08.030 Community Hall: The city manager at the time contacted the sheriff. The sheriff came out one morning, gave out 35 tickets in one morning. 1110 02:31:08.370 --> 02:31:13.050 Community Hall: But… As soon as they stop enforcement, the problem returns. 1111 02:31:13.190 --> 02:31:20.590 Community Hall: So there really needs to be something in this plan That makes it impossible for… 1112 02:31:20.960 --> 02:31:36.699 Community Hall: these vehicles to drive in the bike lane, whether it's… I mean, you really need protected bike lanes in a lot of these places, because you cannot count on enforcement. We just don't have the resources to constantly being, doing that kind of enforcement. 1113 02:31:36.820 --> 02:31:51.829 Community Hall: Our red light cameras… Through the chair, are we taking questions or comments? Ideally, we are taking questions right now. Okay, I will. I allowed Commissioner Linscogg to ask. I will make it in the form of a question. Okay, alright. Is there any plan to do any… 1114 02:31:52.160 --> 02:31:59.659 Community Hall: Red light enforcement, or enforcement of vehicles that are driving in bike lanes when they shouldn't be. 1115 02:32:01.200 --> 02:32:02.790 Community Hall: Yes, so… 1116 02:32:02.930 --> 02:32:16.750 Community Hall: two answers there. So, the transportation technology corridors include red light, cameras for enforcement, so that is a network recommendation that's being proposed, and then in the program and policy. 1117 02:32:16.750 --> 02:32:24.140 Community Hall: recommendations. There is a specific recommendation to work more closely with the sheriff on campaigns. 1118 02:32:24.170 --> 02:32:33.189 Community Hall: It could be something like no parking in the bike lane, or work with the sheriff to identify areas where we need heightened enforcement for certain periods of times. 1119 02:32:33.330 --> 02:32:35.659 Community Hall: Okay, so my next question is. 1120 02:32:35.840 --> 02:32:43.080 Community Hall: How are you working with Sunnyvale and Santa Clara in places like Homestead? I was on Homestead recently. 1121 02:32:43.400 --> 02:32:48.389 Community Hall: when you cross eastbound from Cupertino into… 1122 02:32:48.510 --> 02:32:56.589 Community Hall: Sunnyvale, suddenly parking is allowed in the bike lane on weekends, whereas in Cupertino, it is never allowed. 1123 02:32:56.950 --> 02:32:57.880 Community Hall: And… 1124 02:32:58.730 --> 02:33:07.140 Community Hall: I guess on Bollinger, you also have to deal with, San Jose, so how are you working with the other jurisdictions on this kind of thing? 1125 02:33:08.730 --> 02:33:14.210 Community Hall: Good evening, Commissioner. So, the individual jurisdictions are, are… 1126 02:33:14.520 --> 02:33:24.549 Community Hall: pretty much up to their own discretion on how they address parking and bike lanes within their city. That said, I know Sunnyvale is moving towards 1127 02:33:25.740 --> 02:33:48.499 Community Hall: eliminating part-time parking in their bike lanes on Homestead. We do have projects with other cities, for example, a Homestead Safe Routes to School project that we partner with Sunnyvale, Los Gatos, the county VTA, that looks at making quarter-wide safety improvements for bicycles and pedestrians, which could involve a more holistic or comprehensive review of 1128 02:33:48.640 --> 02:34:07.370 Community Hall: things like on-street parking. But, you know, generally, like, San Jose is… they can do what they want on Bollinger, and we can as well. We do try to look for opportunities for joint projects. We had, you know, the Bollinger Corridor study that we had anticipated working on. That would have been a joint 1129 02:34:07.450 --> 02:34:17.549 Community Hall: project with the City of San Jose to enhance safety on Bollinger Road, and then we would have partnered on that to look at, impacts like those. So, we look for those opportunities where we can. 1130 02:34:17.930 --> 02:34:20.740 Community Hall: Okay, my last question is… 1131 02:34:21.560 --> 02:34:28.649 Community Hall: I've asked this before for many years. What is the progress on doing something about sweeping the protected bike lanes? 1132 02:34:30.770 --> 02:34:42.989 Community Hall: Yeah, so we know that's a challenging issue, and it is a stated goal in the plan to improve maintenance on the separated bike lanes, and all bike lanes, really, and there's also a specific 1133 02:34:43.190 --> 02:34:54.219 Community Hall: Program and policy recommendation to address, maintenance and figure out, in addition to maintaining the facilities, how do we build, 1134 02:34:54.410 --> 02:34:57.749 Community Hall: New bike lanes when we have, 1135 02:34:58.140 --> 02:35:00.360 Community Hall: Pavement projects and things like that. 1136 02:35:01.710 --> 02:35:05.700 Community Hall: Okay, I think that is all my questions, thank you. 1137 02:35:05.980 --> 02:35:18.820 Community Hall: Thank you, Commissioner Fung? Yeah, actually, I didn't have it, too. I wanted to follow up on that, because one of the things that I noted in here was a comment about, street maintenance, and I think that that probably was referring to being able to sweep or maintain that. 1138 02:35:18.940 --> 02:35:25.000 Community Hall: So, yeah, I just wanted to confirm that that was the case. 1139 02:35:25.110 --> 02:35:36.410 Community Hall: And I do think that that one's actually a pretty important one. I think there were a lot of questions, you know, I happen to live in the Mongo Vista kind of area, and 1140 02:35:37.130 --> 02:35:54.799 Community Hall: you know, when the divided… divided pathways were added there, it's interesting. Most of the time, I think they are pretty well maintained. There are times when, you know, I think it's just probably a normal part of there being more street debris, that they're… they're pretty, pretty crazy. 1141 02:35:55.430 --> 02:35:58.080 Community Hall: So, that would be great, too. 1142 02:35:58.190 --> 02:35:59.870 Community Hall: To get more info on that. 1143 02:36:00.150 --> 02:36:02.780 Community Hall: The other item I was gonna ask about was. 1144 02:36:02.880 --> 02:36:17.439 Community Hall: About the distribution, the presentation you had was really great, here today. It actually, I think, was quite a bit easier to digest than the staff report. So is that… I know in the past you maintained a website, but this… would the, 1145 02:36:17.450 --> 02:36:28.089 Community Hall: the slides you had today will not be on the website? Dave, that's great. I would encourage you to distribute them there, maybe have them as an addendum into the, the pack of materials we have for this evening. 1146 02:36:28.560 --> 02:36:30.120 Community Hall: That's it for me. Thank you. 1147 02:36:30.590 --> 02:36:46.600 Community Hall: Great, thank you. So, I did have a few questions. First, I did want to very much echo Commissioner Linskogg's question around having potentially excessive waiting on the schools. I did notice in the prioritization results 1148 02:36:46.600 --> 02:36:52.579 Community Hall: that the Stevens Creek Boulevard and De Anza intersection got very low, 1149 02:36:52.690 --> 02:37:08.869 Community Hall: points relative to other projects, but that area has had two pedestrian fatalities and one pedestrian collision. All at night. I would think that, you know, some simple lighting changes could solve it. But it, you know, again, only gets 62 points because it's not near a school. I think that's the reason why it doesn't get as many points. 1150 02:37:08.870 --> 02:37:21.689 Community Hall: So my question would be, and you know, I also did notice there was another intersection, I think Lynn Scott mentioned this as well, Homestead and De Anza has had 3 pedestrian collisions, also didn't make it into this project list at all. 1151 02:37:21.690 --> 02:37:38.250 Community Hall: So, do you have any ideas on how we can reconcile the matrix so that, you know, safety improvements that aren't necessarily near a school, can still make it up to the top? And I, you know, I respect that it takes a lot of time to redo the matrix, so I don't know what your ideas might be on this. 1152 02:37:39.230 --> 02:37:47.819 Community Hall: Yeah, that's something we can certainly consider, we could… Add in the… 1153 02:37:47.950 --> 02:37:55.250 Community Hall: Proximity scoring that we had originally, the distance- based proximity scoring, so that projects that are on the suggested route to school. 1154 02:37:55.510 --> 02:38:02.460 Community Hall: Our priorities, but also give consideration to projects that may be nearby that 1155 02:38:02.460 --> 02:38:15.969 Community Hall: aren't receiving full marks. So that could be a way to close the gap, and we can look at alternative ways, too. Well, I guess my question, and I think Commissioner Linscogg's as well, was how do we factor in collision history and, like, Vision Zero? 1156 02:38:16.040 --> 02:38:25.730 Community Hall: data. So, the Vision Zero data that we used is we took the high injury network itself, so the locations, not the… 1157 02:38:28.450 --> 02:38:36.930 Community Hall: types of collisions. Potentially, we could look at collision severity as a factor, and that could be a way to address those, 1158 02:38:37.420 --> 02:38:43.100 Community Hall: priority intersections that are at the top of the Vision Zero Action Plan. So… 1159 02:38:44.010 --> 02:38:54.550 Community Hall: there are potential solutions that we can look at for addressing that. So would you recommend revising the matrix, or creating some sort of parameter that lives outside the matrix? 1160 02:38:56.140 --> 02:39:10.660 Community Hall: we'll have to discuss. It's kind of a costly endeavor, because it's all GIS-based, so if we make modifications to the project scoring, we're going to have to do it with the consultant and work with them. It's not a standard spreadsheet. 1161 02:39:11.010 --> 02:39:20.710 Community Hall: Okay, and I might add, also, we're going to be going to the Bicycle Pedestion Commission for input, as well as the City Council for input, so once we've spoken to all of the commissions and the Council, we'll 1162 02:39:20.840 --> 02:39:38.429 Community Hall: sort of consolidate the comments and determine the best way to proceed in terms of reviewing the prioritization criteria. Okay, and I understand that this is just a draft list, but how can we suggest items for this? Like, when is it open for Commission suggestions? 1163 02:39:40.450 --> 02:39:57.750 Community Hall: So the time to suggest projects would have really been during the existing conditions phase, in phase one, or the needs assessment phase, where people were commenting, hey, this is a barrier, I need access to this destination, and then based off of that information, this is how the network recommendations were developed. 1164 02:39:58.470 --> 02:40:04.309 Community Hall: I see. So even if we see, for example, Homestead and De Anza as a 1165 02:40:04.410 --> 02:40:14.639 Community Hall: as an important intersection, it's too late to get it into this list. No, you can provide that, and we can figure out a way to incorporate it. Okay. Alright, thank you. 1166 02:40:16.280 --> 02:40:26.360 Community Hall: Commissioner Rao, you had more questions? Yeah, thank you. I'm struggling on how to understand where you have gone with Phase 2, because I attended the Council meeting 1167 02:40:26.650 --> 02:40:28.609 Community Hall: And Council was pretty clear. 1168 02:40:28.860 --> 02:40:31.200 Community Hall: That they thought public input 1169 02:40:31.530 --> 02:40:40.740 Community Hall: Was restarting the process, and they wanted to actually see a roadmap of projects so that they could rather give input on the roadmap rather than these ranking criterias. 1170 02:40:40.970 --> 02:40:51.090 Community Hall: I think another part of the input was also about whether the ranking criteria was stress tested. I believe our current mayor and then former vice mayor asked whether you did stress testing. 1171 02:40:51.250 --> 02:40:54.419 Community Hall: on proposed criteria. I did not see that in the 1172 02:40:54.640 --> 02:41:01.570 Community Hall: staff report, the two specific comments from Council, which was provide a roadmap of projects, so we can provide input on that. 1173 02:41:01.740 --> 02:41:05.709 Community Hall: And then secondly, the… Stress testing of these criteria. 1174 02:41:05.830 --> 02:41:07.690 Community Hall: Is it staff's recollection? 1175 02:41:07.810 --> 02:41:14.199 Community Hall: That those two items were… Comments from Council, otherwise we might have to look at minutes. 1176 02:41:15.360 --> 02:41:21.509 Community Hall: I don't recall those comments, I don't believe they were captured in the Council action. 1177 02:41:21.770 --> 02:41:29.629 Community Hall: We did meet with the now mayor to talk about her comments specifically, and her questions around 1178 02:41:29.860 --> 02:41:35.390 Community Hall: I think, stress testing, and if you could please elaborate a little more on the stress testing. 1179 02:41:35.500 --> 02:41:42.960 Community Hall: I, I, I believe the… The then Vice Mayor was saying, if you applied the criteria. 1180 02:41:43.110 --> 02:41:45.429 Community Hall: Do a set of projects, how would they fare? 1181 02:41:45.730 --> 02:41:50.800 Community Hall: And I think she came up with an example of a project that needed attention but wasn't faring well. 1182 02:41:50.930 --> 02:41:59.689 Community Hall: On the… on the ranking list. So, staff may want to go back and look at the video. I understand our minute-taking is now restricted to motions, and… 1183 02:41:59.920 --> 02:42:07.340 Community Hall: actual comments don't get transcribed in the minutes? Is that also true of Council? If that is the case, the minutes may not have reflected the… 1184 02:42:07.650 --> 02:42:13.799 Community Hall: the direction that Council gave, but you may want to consider looking at that recording to 1185 02:42:14.030 --> 02:42:20.400 Community Hall: reassess what direction you got from Council, because they were very clear that they… They don't want to have… 1186 02:42:21.120 --> 02:42:26.840 Community Hall: this comeback without a roadmap that they can actually Give tangible input on. 1187 02:42:27.140 --> 02:42:35.190 Community Hall: We will go back and check the recording. To our recollection, we've captured the Council's comments, and as Matt indicated, we did meet with 1188 02:42:35.480 --> 02:42:47.089 Community Hall: Mayor Moore to discuss the outcome of the Council meeting and our direction in preparing this next phase, and what we heard was support. 1189 02:42:48.840 --> 02:42:55.309 Community Hall: And I look at the staff report, and I'm trying to assess what input would you like from us, because as I read this report. 1190 02:42:55.950 --> 02:43:02.339 Community Hall: I continue to see, you know, community important. Then, are the goals and priorities here 1191 02:43:03.070 --> 02:43:08.080 Community Hall: Based on that community input, then? Or should we ignore the goals, or how should we look at 1192 02:43:08.180 --> 02:43:10.810 Community Hall: Given the Council input to drop 1193 02:43:11.260 --> 02:43:14.679 Community Hall: The use of community input as a criteria. 1194 02:43:14.840 --> 02:43:19.800 Community Hall: And the fact that much of this report refers to community input, including the presentation. 1195 02:43:20.060 --> 02:43:22.050 Community Hall: How would you like us to approach this today? 1196 02:43:22.360 --> 02:43:30.270 Community Hall: The recommended action was to provide feedback on the attachments, so the policy documents, the criteria, and the project list. 1197 02:43:32.840 --> 02:43:42.590 Community Hall: The staff report was intended to provide context and background on the work that was performed during Phase 2, which was the community input. 1198 02:43:43.150 --> 02:43:47.490 Community Hall: Right, so can you repeat that one more time? What is it that you would like to get input on? 1199 02:43:47.540 --> 02:44:03.589 Community Hall: the policy documents, so the impact assessment and project effectiveness guidelines, as well as the criteria, the project list, and potentially the program and policy recommendations. Right, and the basis for forming this criteria was public input? 1200 02:44:06.080 --> 02:44:18.520 Community Hall: Well, to some respect, yeah, so it's based off of the plan goals, and those plan goals were developed by consolidating all the existing plan goals, and then refining those following Phase 1. 1201 02:44:19.110 --> 02:44:30.209 Community Hall: And many of the attachments also include, or incorporate comments and concerns we've heard from the Planning Commission, and from the Bike Commission, and from the City Council. So it incorporates 1202 02:44:30.410 --> 02:44:44.490 Community Hall: the total of what we heard from the community and the commissions and council. Is it staff's intention to do a sort of a mathematical union of all the input you get from the bike bed and planning and city council, and sort of amalgamate all three into some… 1203 02:44:44.490 --> 02:44:51.839 Community Hall: superset, or is it that Council has final input, and once it is heard at Council, it's only the Council input that matters? 1204 02:44:53.800 --> 02:45:02.730 Community Hall: the Commission's Advice Council and advise staff. So, we do our best to incorporate the Commission's advice, we take that to the City Council. 1205 02:45:02.970 --> 02:45:17.439 Community Hall: And ultimately, the City Council will adopt the plan. So, our primary goal is to make sure that the City Council is happy and incorporate, supportive of the commissions and what they've told staff. So is it fair, then, to say all the material here is based on 1206 02:45:18.290 --> 02:45:23.130 Community Hall: Your superset of the three bodies of input that you got previously. 1207 02:45:24.970 --> 02:45:42.409 Community Hall: I would say so, for the most part. Okay. I might suggest you might want to test that with Council, because the way that this works is we recommend to Council, but Council has the final say. They override us very often, and at that point, our input is not to be taken any further, so… We are next week. 1208 02:45:42.980 --> 02:45:47.889 Community Hall: Wonderful. Yeah, I struggle with giving input, given what you just said. 1209 02:45:48.080 --> 02:45:55.330 Community Hall: And my understanding being, this should only be, at this point, following Council guidance, which you have captured, so thank you for capturing that. 1210 02:45:55.550 --> 02:46:00.560 Community Hall: But the council guidance is very clear, which is focus on certain things, which I don't see. 1211 02:46:00.720 --> 02:46:08.290 Community Hall: being the basis for the… for the goals and policies that then lead to the prioritization criteria. So, at this point. 1212 02:46:08.470 --> 02:46:12.320 Community Hall: I might even… Ask, is this ready for Council? 1213 02:46:14.980 --> 02:46:17.019 Community Hall: We feel it is. 1214 02:46:17.580 --> 02:46:21.949 Community Hall: No more questions. Any other questions before we move to public comments? 1215 02:46:22.870 --> 02:46:30.500 Community Hall: No. Alright, City Clerk, do we have any public comments? We have no speakers in person, and no hands raised on Zoom, Chair. 1216 02:46:30.760 --> 02:46:38.199 Community Hall: Okay, easy. So, we can now move on to comments. I know some people have started to provide that. 1217 02:46:38.690 --> 02:46:45.549 Community Hall: Would anyone like to start? And we can also make straw polls if anyone feels strongly about an issue. 1218 02:46:46.280 --> 02:46:48.150 Community Hall: If you want it recorded. 1219 02:46:51.810 --> 02:46:54.520 Community Hall: I had a few comments, 1220 02:46:54.720 --> 02:46:59.969 Community Hall: I wanted to, so first of all, thank you for the, thank you for the update. 1221 02:47:00.240 --> 02:47:15.759 Community Hall: I would also, there were comments regarding the weighing mechanism. You know, I think that that's an effective way… an effective way to generate metrics. It does seem, I would, concur here with, 1222 02:47:17.560 --> 02:47:20.260 Community Hall: Commissioner Lynn Skog, and… 1223 02:47:20.590 --> 02:47:30.289 Community Hall: and the chair here, it seems like, in some cases, the weighing may have shifted the balance heavily. I also noticed the 1224 02:47:30.520 --> 02:47:33.020 Community Hall: Very strong emphasis on school paths. 1225 02:47:33.180 --> 02:47:42.349 Community Hall: I think that one of the things that I also noticed was it seemed like there was, in earlier versions, there was an emphasis on, improving 1226 02:47:42.530 --> 02:47:46.039 Community Hall: Transit routes among the parks. 1227 02:47:46.220 --> 02:47:48.970 Community Hall: And that that actually captures, 1228 02:47:49.240 --> 02:47:59.590 Community Hall: that actually captures maybe an older component of, of folks in the city. I think that that… it looks to me like maybe that got combined into the, you know, the park. 1229 02:47:59.890 --> 02:48:02.860 Community Hall: Park proximity got combined into the school. 1230 02:48:02.890 --> 02:48:22.369 Community Hall: I think in some respects, maybe that helps because the school weighting was high, but I think that those are actually two distinctive groups, and I think that it may benefit to re-look at that, whether you want to combine those together quite as tightly. I think that both those categories would rate very high on the scales. 1231 02:48:22.530 --> 02:48:25.970 Community Hall: They had, and, 1232 02:48:27.600 --> 02:48:34.289 Community Hall: And I think, I think that was it for my, for my comments. Again, I, you know, I appreciate the thoughtfulness of the, 1233 02:48:35.790 --> 02:48:39.549 Community Hall: The thoughtfulness of the… of what you're trying to accomplish here. 1234 02:48:39.690 --> 02:48:48.519 Community Hall: And then I would just say, you know, I would just step back from that just a hair. One part was, you know, my comment with regard to the parks, and then I think also that 1235 02:48:48.540 --> 02:49:05.849 Community Hall: some of the, heavy traffic areas. Also, I think, again, it may be because of the very high weighting that the schools had that those became de-emphasized. So, I don't know that, you know, what the right answers for 1236 02:49:06.590 --> 02:49:25.550 Community Hall: Stevens Creek Boulevard. But… but I feel like it just seemed to me, at a glance, that it seemed a little de-emphasized from where… where it probably should be. You… you have no choice in many… you know, for many of the arterials, you have no choice but to go on those roads, so hopefully we can have, you know, people to feel comfortable that 1237 02:49:25.710 --> 02:49:27.470 Community Hall: That this is addressing that. 1238 02:49:28.150 --> 02:49:29.379 Community Hall: That's it, thank you. 1239 02:49:30.580 --> 02:49:32.720 Community Hall: Thank you. Anyone else have comments? 1240 02:49:33.900 --> 02:49:35.480 Community Hall: Through the chair. 1241 02:49:38.900 --> 02:49:43.779 Community Hall: how are we to approach this? Are we not allowed to take votes? Maybe it's a question for the city attorney. 1242 02:49:45.960 --> 02:49:56.599 Community Hall: Were we… were we… were we to be able to take votes on the recommendations? Because one thing I want to go back to is the… 1243 02:49:57.000 --> 02:49:58.220 Community Hall: comment there. 1244 02:49:58.560 --> 02:50:06.780 Community Hall: you know, I want to be very cognizant that staff are getting input from three bodies, and within those bodies, five very diverse individuals. 1245 02:50:06.960 --> 02:50:10.499 Community Hall: And this may just be leading to a superset of feedback. 1246 02:50:11.480 --> 02:50:12.410 Community Hall: And… 1247 02:50:12.700 --> 02:50:21.729 Community Hall: I think Council has already given feedback at this stage, which is very prescriptive. And I think part of your matrix, which everybody's commenting on. 1248 02:50:22.140 --> 02:50:26.330 Community Hall: is reflecting Council's input, if I'm not mistaken. Is that… is that fair to say that? 1249 02:50:26.640 --> 02:50:33.489 Community Hall: And so the change that we are seeing is very deliberate, and a result of Council input on the process of how we will prioritize. 1250 02:50:34.280 --> 02:50:35.040 Community Hall: Is that… 1251 02:50:36.890 --> 02:50:42.810 Community Hall: And so, my question back to the city, Atom, is should we continue this? You know, everybody gives input, and it… 1252 02:50:42.960 --> 02:50:49.299 Community Hall: Because we went through that in Phase 1, and that is behind us. So in phase two, what is it that we are trying to do with this item, really? 1253 02:50:49.510 --> 02:50:51.300 Community Hall: Because Council has already spoken. 1254 02:50:51.880 --> 02:51:10.360 Community Hall: Well, this is a follow-up study session, and so staff here is open to hearing your feedback and comments on what they presented to you. To the extent there are differences of opinion among this body with respect to that feedback, then it's appropriate to take a straw poll. 1255 02:51:10.360 --> 02:51:13.410 Community Hall: Because at some point, it will go back to the council. 1256 02:51:13.410 --> 02:51:23.429 Community Hall: And it would be helpful for them to understand and see the discussion and, you know, and how much support a certain position would have. 1257 02:51:24.190 --> 02:51:28.030 Community Hall: So far, I haven't yet heard, 1258 02:51:28.240 --> 02:51:32.170 Community Hall: Any disagreement regarding any of the points that were raised? 1259 02:51:32.280 --> 02:51:44.499 Community Hall: But that's how I think we would proceed. Yeah, if I may synthesize the disagreement that I'm seeing here, I think staff's report rightly reflects the change prioritization criteria based on Council input. 1260 02:51:45.070 --> 02:51:52.059 Community Hall: And members of the Commission are reacting to that changed prioritization criteria, showing a different set of projects. 1261 02:51:52.340 --> 02:51:54.300 Community Hall: That is a result of council input. 1262 02:51:56.510 --> 02:52:01.249 Community Hall: And so… Are we, at this point, revisiting council import and saying. 1263 02:52:01.470 --> 02:52:05.540 Community Hall: We should… we didn't like what Council said, therefore we will get a different input again. 1264 02:52:06.400 --> 02:52:15.230 Community Hall: I guess what we're seeking feedback on is, how does the Planning Commission feel we've addressed Council's comments? 1265 02:52:15.330 --> 02:52:17.509 Community Hall: So, you can comment on… 1266 02:52:18.470 --> 02:52:23.119 Community Hall: Do you think we adequately captured the comments that were provided to us from Council? 1267 02:52:24.070 --> 02:52:28.460 Community Hall: Okay, fair enough. So my feedback, for what it's worth, would be… 1268 02:52:28.920 --> 02:52:35.379 Community Hall: to maintain 100% fidelity with the guidance you got at Council, and not to have to revisit that. 1269 02:52:35.770 --> 02:52:39.250 Community Hall: I think there was very pragmatic feedback from Council. 1270 02:52:39.480 --> 02:52:45.720 Community Hall: to focus on… An actual roadmap that they can give you input on, as opposed to the 1271 02:52:46.480 --> 02:52:52.730 Community Hall: Criterias that turn into unpredictable matrices that nobody feels that they got what they wanted out of it. 1272 02:52:53.490 --> 02:52:54.760 Community Hall: And so… 1273 02:52:55.010 --> 02:53:02.700 Community Hall: I would encourage you to go back and look at the recording of Council's meeting if the minutes did not accurately transcribe their intent. 1274 02:53:03.180 --> 02:53:06.450 Community Hall: And to look to be… 100%. 1275 02:53:06.910 --> 02:53:17.690 Community Hall: aligned with what Council asked, and, you know, at this point, I do not want to reopen the process of giving input, and then revisit what you heard previously from Council. If your matrix 1276 02:53:19.070 --> 02:53:24.119 Community Hall: is based on council criteria, and I did not hear it was completely based on that. 1277 02:53:24.670 --> 02:53:27.779 Community Hall: Because certain things, like input from drivers, was not taken. 1278 02:53:28.810 --> 02:53:32.949 Community Hall: So I would say… My meta-input to you is try to be 1279 02:53:33.230 --> 02:53:35.620 Community Hall: clear on what Council said, and… 1280 02:53:35.780 --> 02:53:42.239 Community Hall: When you go back, try to meet that. That's… that's all I have to say, because I feel Council was very pragmatic in their input. Thank you. 1281 02:53:44.130 --> 02:54:03.930 Community Hall: Thank you, Chair Rao, or sorry, Commissioner Rao. I did have additional feedback, and actually, thank you to staff. I actually do feel like the Planning Commission feedback, to some extent, was taken. I do remember asking for greater accountability around bike count data, and it was great to see the paper around, you know. 1282 02:54:03.930 --> 02:54:10.499 Community Hall: Counting pre- and post-project, and… I appreciate that. So I… I have one… 1283 02:54:10.500 --> 02:54:30.780 Community Hall: item that I would particularly like to discuss this evening that is different from what was previously discussed, and I wish I had brought it up earlier, but I hadn't considered it. And I'd like to ask that we consider public safety response times in the Active Transit Plan. This kind of came as I was looking at the draft prioritization results, and I saw a lot 1284 02:54:30.780 --> 02:54:33.679 Community Hall: I think about 8 separated bike lane proposals. 1285 02:54:33.680 --> 02:54:48.579 Community Hall: And I wondered what the impact is on emergency vehicles and their ability to get through town, and so I actually had a very interesting chat with the sheriff today. And the sheriff department opinion, is 1286 02:54:48.650 --> 02:55:04.740 Community Hall: actually, generally, I spoke with one, but this person said that this is the opinion of many people that he works with, is that they fully understand why the concrete barrier bike lanes are desirable, but they actually do slow down emergency response times, because 1287 02:55:04.740 --> 02:55:09.800 Community Hall: Vehicles cannot pull over to let the police, the fire engine get through. 1288 02:55:09.800 --> 02:55:22.290 Community Hall: And, actually during peak hours, the emergency vehicles entirely avoid the roads with separated bike lanes, and they are forced to go into the neighborhoods and take alternate routes instead. So now you've got, you know, sirens going through your neighborhoods. 1289 02:55:22.290 --> 02:55:46.789 Community Hall: And so we absolutely want to make things safer for the bikes, but, you know, the general opinion of… I haven't talked to the fire department yet, I have reached out to them, but the general opinion of the sheriff, at least, is that, you know, we do need to be very thoughtful about where the concrete separated barriers go. They cannot go everywhere. Now, the buffered bike lanes, where you just have a painted buffer, or anything where there's just paint and cars can continue to pull over. 1290 02:55:46.920 --> 02:56:02.369 Community Hall: completely fine. But there is, objectively speaking, a trade-off with longer emergency response times that happen when we add concrete barriers to the city. And so, you know, with the 8 that were proposed in this plan here, I would… I would ask that we be 1291 02:56:02.380 --> 02:56:13.829 Community Hall: very strategic in how we think about where we are blocking off roads, and… and I think it becomes a much bigger problem with the small roads, where it's two lanes, and 1292 02:56:14.030 --> 02:56:28.500 Community Hall: And one thing that the sheriff mentioned, actually, was a lot of times on the smaller roads with buffer… with a concrete bike lane, they don't even want to turn the siren on, because they are going to massively confuse everybody in that road, because nobody has anywhere to go. And so. 1293 02:56:28.560 --> 02:56:37.409 Community Hall: again, I think with the two-lane roads, that is where we want to be particularly, thoughtful about concrete bike lanes. So… 1294 02:56:37.690 --> 02:56:43.669 Community Hall: That would be my ask. I also did want to comment on 1295 02:56:43.830 --> 02:56:48.070 Community Hall: The… the definition of project success. 1296 02:56:48.300 --> 02:56:53.810 Community Hall: So, we say… A successful project will be one in which more people use the facility. 1297 02:56:54.050 --> 02:57:09.519 Community Hall: while the collision rate per rider remains the same or decreases, would we want to revise that definition of success to just aiming for a collision rate per rider to decrease? Because, you know, if you're increasing 1298 02:57:10.300 --> 02:57:17.559 Community Hall: bike riders or pedestrians on the road, and your collision rate remains constant, that means we're actually seeing more accidents. And is that… 1299 02:57:17.660 --> 02:57:20.549 Community Hall: Is that something that we consider to be success? 1300 02:57:21.820 --> 02:57:36.710 Community Hall: So, the aim with that metric was to align the CAP goal. So, the CAP… the CAP has a stated goal to get, I forget what the mode share split is for active transportation, but it has certain… 1301 02:57:37.510 --> 02:57:40.509 Community Hall: benchmarks it's trying to hit. It's like 15, and then… 1302 02:57:40.700 --> 02:57:53.470 Community Hall: 20 over certain periods of time, so that safety plus mode shift, right, tries to capture our Vision Zero goals, so no fatalities by 2040, with those GHG goals that are in the cap. 1303 02:57:54.150 --> 02:57:54.810 Community Hall: Okay. 1304 02:57:56.890 --> 02:57:57.849 Community Hall: Got it, thank you. 1305 02:57:58.050 --> 02:58:07.139 Community Hall: So, I think, are there any questions or more comments from the Commission? Yeah, I was just gonna add the comment around safety as a goal. 1306 02:58:07.570 --> 02:58:16.260 Community Hall: Could that be expanded to include what the chair referenced? Because a dimension of safety is also the indirect impact of safety. 1307 02:58:16.500 --> 02:58:23.410 Community Hall: Due to these concrete medians, or concrete buffers, That may prevent… expedient. 1308 02:58:24.140 --> 02:58:29.879 Community Hall: access of emergency responders. Particularly, I'm concerned about all of the new projects around the city. 1309 02:58:30.160 --> 02:58:40.659 Community Hall: the Westport Senior Assisted Living, the memory care units, and in case staff may be tracking this, De Anza is proposing a 25,000 square foot medical clinic. 1310 02:58:40.890 --> 02:58:42.550 Community Hall: on the parking lot B. 1311 02:58:43.140 --> 02:58:46.190 Community Hall: And so there's a number of projects around the city that are 1312 02:58:46.570 --> 02:58:56.240 Community Hall: Either medical or quasi-medical. I happen to live near the Cupertino Health and Wellness, and I know how much emergency response vehicles get there. Almost every day you hear silence. 1313 02:58:56.490 --> 02:59:06.299 Community Hall: And so it's something to consider. What is the impact of safety if we have these concrete barriers that prevent vehicles from pulling over. Just something to keep in mind. 1314 02:59:06.670 --> 02:59:08.359 Community Hall: If you might expand your definition. 1315 02:59:08.700 --> 02:59:26.360 Community Hall: I would like to propose, if the Commission is willing, a straw poll on adding, I think that was an excellent suggestion, adding, expanding the definition of safety to include public safety response time. City Attorney, how do we initiate the straw poll? Is it through City Clerk, or… 1316 02:59:28.340 --> 02:59:31.250 Seema Lindskog, Commissioner: Sorry, can I make a quick comment before we do the poll? 1317 02:59:31.470 --> 02:59:32.730 Community Hall: Yes, absolutely. 1318 02:59:33.370 --> 02:59:45.909 Seema Lindskog, Commissioner: Thank you. So… it's an interesting thing. So, I would be interested to see if the Sheriff's Office would make that statement in an official capacity, because that's the first I've heard of it, and if you look at 1319 02:59:46.090 --> 03:00:02.139 Seema Lindskog, Commissioner: all the research and all the studies out there, the data is actually in the opposite direction, that properly designed protected bike lanes don't meaningfully slow down rapid response or police response. 1320 03:00:02.240 --> 03:00:08.599 Seema Lindskog, Commissioner: There's actually a slight improvement in response times, and again, these… this is… there's a… 1321 03:00:08.650 --> 03:00:32.710 Seema Lindskog, Commissioner: there's a lot of data to balance that out. So I would be very surprised if the Sheriff's Office would make that statement officially, that this is a problem. So before we vote to add that in as a, you know, as a recommendation of the Planning Commission, I would recommend we examine the data, and we make it a fact-based 1322 03:00:32.830 --> 03:00:40.649 Seema Lindskog, Commissioner: Recommendation, because, I, I don't think the facts would bear that out. Thank you. 1323 03:00:41.280 --> 03:00:58.289 Community Hall: Yeah, absolutely. I understand where you're coming from. Objectively speaking, I am not sure how response times could get faster when cars cannot pull to the side. That said, the sheriff that I spoke with was in charge of traffic management for West Valley Sheriff. 1324 03:00:58.340 --> 03:01:01.110 Community Hall: I actually asked 1325 03:01:01.120 --> 03:01:07.060 Community Hall: him prior to this meeting whether I could state what I said, and he was fine with it. 1326 03:01:07.060 --> 03:01:25.060 Community Hall: But they also did say that they really like it when cities come and consult with them, and they wish it happened more, so I think it's a great idea for them to be present and to work with our city. Through the chair, I'm happy to second your straw poll, if you would like to move your straw poll forward. 1327 03:01:25.180 --> 03:01:31.999 Community Hall: Great. His second is unnecessary. So, there's a request to take a straw poll, maybe the Madam Clerk. 1328 03:01:32.110 --> 03:01:36.080 Community Hall: Can… can ask for a yes or no. 1329 03:01:38.120 --> 03:01:39.370 Community Hall: Commissioner Feng? 1330 03:01:40.140 --> 03:01:43.630 Seema Lindskog, Commissioner: Sorry, what exactly did we… yeah, can I… 1331 03:01:43.630 --> 03:01:44.450 Community Hall: about the. 1332 03:01:44.450 --> 03:01:45.219 Seema Lindskog, Commissioner: pull this? 1333 03:01:45.780 --> 03:01:48.979 Community Hall: Yes. Before we do that, I just wonder, in light of the… 1334 03:01:49.180 --> 03:01:54.820 Community Hall: you know, I think there's some agreement here that maybe we need to capture this better, that we just make a recommendation that 1335 03:01:55.030 --> 03:02:04.020 Community Hall: That we, have the, have the staff take a look, a further look into trying to categorize that, and, you know, make that available. 1336 03:02:04.080 --> 03:02:15.169 Community Hall: that information available, whether, you know, maybe it's just to the Council or to the, you know, other commissions. It sounds to me like there's a second straw poll suggestion. Should we finish the first and then do the second? 1337 03:02:15.710 --> 03:02:16.830 Community Hall: One at a time. 1338 03:02:17.370 --> 03:02:25.499 Community Hall: To clarify, Commissioner Fung, is your ask also a straw poll? No. It's actually not to do a straw poll, because I think that 1339 03:02:25.600 --> 03:02:36.830 Community Hall: you know, if the straw poll… if the goal of the straw poll is, should we add this as a metric? You know, only recommending that we make it as a metric? I think we are saying we should collect some more information before we do. 1340 03:02:38.460 --> 03:02:46.399 Community Hall: So I think it's saying maybe we don't want to take a straw pull on this, if we can agree that, you know, that we're just making a recommendation to staff. 1341 03:02:47.170 --> 03:02:54.150 Community Hall: Would this commission be willing to entertain a straw poll around having council and staff 1342 03:02:55.110 --> 03:03:04.219 Community Hall: Consider the ways in which public safety response time can be incorporated into the project prioritization. Second. 1343 03:03:05.960 --> 03:03:06.630 Community Hall: Nope. 1344 03:03:06.700 --> 03:03:10.770 Seema Lindskog, Commissioner: I think we track that as a yes from Commissioner Rao. 1345 03:03:10.770 --> 03:03:17.149 Community Hall: that was to clarify a different scruple than the first. I understand, although I… 1346 03:03:17.370 --> 03:03:22.130 Community Hall: I don't think anybody cares what straw poll we take about what we bring to the council. 1347 03:03:22.810 --> 03:03:35.480 Community Hall: Right. It's really to… to ensure that it gets logged in the minutes, otherwise the minutes are… are… So I would say that… that we should just… we're making a recommendation. We want to formalize, we're making a recommendation that… that… 1348 03:03:35.730 --> 03:03:43.620 Community Hall: that staff take this as a point from us. There may be some other point. Through the chair, if I may just add a perspective to this. 1349 03:03:43.990 --> 03:03:55.169 Community Hall: I have watched several projects go through the process of community input. We did this for Memorial Park, we did this for the BlackBerry Farm Golf Course, we did this for Lauren Smitty, we're doing this for ATP. 1350 03:03:56.360 --> 03:03:57.570 Community Hall: we get… 1351 03:03:58.150 --> 03:04:07.580 Community Hall: more input than can be reconciled in a way that leads to tangible projects. Every time you come to a body, you're getting different input. 1352 03:04:07.810 --> 03:04:11.900 Community Hall: You go back to console, you get a different input. You come back here, you get a different input. 1353 03:04:12.500 --> 03:04:22.699 Community Hall: it's… it's not a shortage of input, it's too much input, given the dollars and resources that staff have. And straw polls are a way to 1354 03:04:22.800 --> 03:04:35.039 Community Hall: reflect the will of the body, and that may be one way to give your input, if we need to give that. My input here is I don't believe we have to give you input. Council gave you direction, you need to go back and meet the direction. 1355 03:04:35.240 --> 03:04:36.990 Community Hall: I don't know why we are coming here again. 1356 03:04:37.900 --> 03:04:39.170 Community Hall: Commissioner Lenscott? 1357 03:04:40.280 --> 03:04:47.259 Seema Lindskog, Commissioner: Thank you. So, I'm a little confused as to why this is even necessary, because whenever you do any kind of 1358 03:04:47.370 --> 03:04:50.979 Seema Lindskog, Commissioner: project, like, including protected bike lanes, 1359 03:04:50.980 --> 03:05:13.999 Seema Lindskog, Commissioner: the response times are always considered, the design is discussed with the sheriffs and the fire departments before it's implemented. That's already part of the process, so I'm not really sure what this will add, since… and staff, you know, Matt and David, feel free to chime in if I'm wrong, but I think that's already part of the process. 1360 03:05:15.510 --> 03:05:27.789 Community Hall: If I may chime in. So, I… I don't see a way immediately that we could incorporate response times into the prioritization criteria, because it's… it's really impossible to know. 1361 03:05:27.900 --> 03:05:40.579 Community Hall: And as Commissioner Linskog mentioned, there's, you know, the data would need to be reviewed, and I'm not sure that data really exists for most streets. I know that police would have a different experience than fire. 1362 03:05:40.580 --> 03:05:53.879 Community Hall: because fire have preemption devices for traffic signals, and the sheriff do not. It's very, very complex. The way I would… the way I would recommend going about this, I think it's a fair point to consider response times, and I think the way to do it would be 1363 03:05:54.110 --> 03:06:11.850 Community Hall: To capture that within, one of the programmatic recommendations or policy recommendations, was that for projects that could potentially impact parking or vehicle lanes, that those be taken… taken to the City Council, 30% designed to better flesh out and 1364 03:06:12.000 --> 03:06:24.099 Community Hall: discuss and evaluate the impacts. Effect or the effect to emergency vehicle response times, could very well be one of those potential impacts that we look at. 1365 03:06:24.270 --> 03:06:37.419 Community Hall: for those types of projects and that information. We'd have that ability at that point, because we'd have more information about the project, we'd be able to talk to fire and police about the specifics relating to the project, and then take that information forward to the city council. 1366 03:06:37.420 --> 03:06:46.150 Community Hall: as part of the other impacts that they may be evaluating for that project, I think that would be the place to do it. That would make the most sense. Through the chair, if I may, really quickly. 1367 03:06:46.150 --> 03:06:53.099 Community Hall: We cannot apply different standards for different parts of the input, where a project prefers, or where a 1368 03:06:53.350 --> 03:06:56.670 Community Hall: End result prefers a certain mode of transport. 1369 03:06:56.940 --> 03:07:03.089 Community Hall: We cannot raise the bar on how we will account for it, and what are the difficulties in accounting for it. 1370 03:07:03.190 --> 03:07:06.359 Community Hall: Whereas when I look at this prioritization criteria. 1371 03:07:06.600 --> 03:07:14.219 Community Hall: The way this doc reads is there were goals that came from public input. The goals turned into scores and score modifiers. 1372 03:07:14.540 --> 03:07:16.210 Community Hall: And that turned into a matrix. 1373 03:07:17.260 --> 03:07:22.730 Community Hall: And none of that is based on a similar type of rationalization around whether it's realistic to measure 1374 03:07:22.840 --> 03:07:28.829 Community Hall: Whether it's realistic to get input, whether the input is actually validated, whether a public statement was made. 1375 03:07:28.940 --> 03:07:41.760 Community Hall: by X, Y, or Z. So we cannot hold different modes of transport to different levels of criteria. What I'm hearing today is when a criteria is raised that favors the automotive mode of transport. 1376 03:07:42.350 --> 03:07:43.510 Community Hall: We raise the bar. 1377 03:07:44.250 --> 03:07:48.920 Community Hall: When Council gives input saying, take input from drivers, We ignore that info. 1378 03:07:49.680 --> 03:07:55.209 Community Hall: And Council Gillison for saying, The scoring needs to reflect the impact to drivers. 1379 03:07:56.240 --> 03:07:59.190 Community Hall: It's not clear where it's reflecting in the score multiplier. 1380 03:07:59.750 --> 03:08:03.420 Community Hall: So I just want to have the minutes reflected, maybe we can stop both of this. 1381 03:08:04.350 --> 03:08:05.870 Community Hall: We need to be… 1382 03:08:06.750 --> 03:08:12.539 Community Hall: Truly faithful to the sentiment he got at our council, which was, do not ignore our drivers. There's 60,000 of them. 1383 03:08:12.910 --> 03:08:24.359 Community Hall: And what I'm hearing even today is we're still revisiting this. We hear one set of input, we hear another set of input, we raise the bar when the input involves something that benefits 60,000. 1384 03:08:24.480 --> 03:08:28.630 Community Hall: This is… A number that we have yet to count. 1385 03:08:29.870 --> 03:08:30.670 Community Hall: Thank you. 1386 03:08:31.090 --> 03:08:40.950 Community Hall: So, where are there 60,000 dr… what is the population of Cupertino? How are there 60,000 drivers? 57,000. And they're all drivers? They're not drivers, they're… 1387 03:08:41.170 --> 03:08:45.550 Community Hall: individuals that may be transported in automotives. Okay. 1388 03:08:45.930 --> 03:08:49.779 Seema Lindskog, Commissioner: Yeah. I would ask the same question, how many bicyclists do we have a count? 1389 03:08:50.750 --> 03:08:52.860 Community Hall: I don't know, maybe, 1390 03:08:53.800 --> 03:09:08.520 Community Hall: Maybe SEMA has an idea. I think there must be 80,000. I rest my case. We… we asked for specific numbers for automotives, but we don't have a count for how many people are on De Anza Boulevard after we got rid of bike lane… after we got rid of a road lane. 1391 03:09:08.520 --> 03:09:21.410 Community Hall: I remember the numbers from over a decade ago, and on Stevens Creek in De Anza, it's over 30,000 per day, so, if I remember that correctly. But the numbers are a decade old. 1392 03:09:21.820 --> 03:09:24.919 Community Hall: Sorry, Commissioner Linskog, did you want to say something? 1393 03:09:25.140 --> 03:09:35.199 Seema Lindskog, Commissioner: Yeah, I just want to say, I mean, it's kind of pointless to get into the how many thousands of drivers there are, and how many thousands of bicyclists and pedestrians there are. I mean. 1394 03:09:35.200 --> 03:10:00.070 Seema Lindskog, Commissioner: a huge percentage of our students bike or walk to school every day, so whatever the numbers are, and a lot of people walk and drive, so they're not just pedestrians, they're just drivers. So rather than getting hung up on the exact numbers, let's recognize that a lot of our residents, whatever the number may be, are pedestrians, are potentially also drivers, a lot of our students are 1395 03:10:00.070 --> 03:10:03.040 Seema Lindskog, Commissioner: Walkers and cyclists, and we need to serve 1396 03:10:03.040 --> 03:10:22.830 Seema Lindskog, Commissioner: all of the residents in our city. So, you know, I don't know that we need to get hung up on the actual numbers. It's like, do we ignore them if there are only 8,000 of them? No, they're still… that's a… that's a substantial number of residents. We can't ignore them. We have to… we have to serve their needs. 1397 03:10:23.270 --> 03:10:41.109 Seema Lindskog, Commissioner: So, yeah, so, I mean, to me, the main thing that I go back to is this scoring criteria puts too heavy a weight on the safety on school routes, and I'm sympathetic to the staff. This is a tough job that they have in terms of, you know, balancing out all the criteria and balancing out 1398 03:10:41.110 --> 03:10:45.800 Seema Lindskog, Commissioner: all of the input they've gotten from the BPC and the PC and the City Council. 1399 03:10:46.020 --> 03:11:03.369 Seema Lindskog, Commissioner: But the way it is right now, I think it's over-corrected much too heavily on safety on school routes and on cost effectiveness, to the detriment of all other criteria, especially the safety in the Vision Zero High Injury Network, as I mentioned before. 1400 03:11:03.370 --> 03:11:17.179 Seema Lindskog, Commissioner: So… so to me, this scoring system is deeply flawed, and I would like, I would like to have the staff revisit it, before it goes to the Bike Ped Commission, and before it goes to the City Council. 1401 03:11:17.180 --> 03:11:37.049 Seema Lindskog, Commissioner: Though I recognize you want to get feedback from them also before you revisit it, and, you know, that's fine, you have a process that you need to follow. And I'll send all my detailed comments in an email as well, so it's in the public record, but my strong recommendation here is to revisit the scoring criteria. 1402 03:11:37.900 --> 03:11:41.020 Community Hall: So, Chair, if I may, Make a suggestion. 1403 03:11:41.660 --> 03:11:48.350 Community Hall: To go down the dais and ask for the recommendations from each commissioners. 1404 03:11:48.600 --> 03:11:55.570 Community Hall: So, Commissioner Linskog, I think I'm hearing her say she recommends removing the scoring criteria? 1405 03:11:55.700 --> 03:11:57.119 Community Hall: So we can just stop. 1406 03:11:59.290 --> 03:12:06.070 Community Hall: So, let me, let me, let me withdraw that, and allow you to make your recommendation. 1407 03:12:06.830 --> 03:12:07.310 Seema Lindskog, Commissioner: Okay. 1408 03:12:07.310 --> 03:12:13.000 Community Hall: And then the chair, perhaps, if you can understand that recommendation, can seek 1409 03:12:13.260 --> 03:12:22.930 Community Hall: the views of your fellow commissioners to see who would support that recommendation. So in the record, we will have 1410 03:12:23.290 --> 03:12:34.340 Community Hall: you know, unanimous support from all the commissioners for Commissioner Linskogg's recommendation, or she's the only one who would support it. And then we move on to the next commissioner. 1411 03:12:36.560 --> 03:12:47.069 Community Hall: Okay, that's, fine with me. So, Commissioner Linskogg, it sounded like… Why don't you please go ahead and state your… your recommendations? 1412 03:12:47.390 --> 03:13:03.119 Seema Lindskog, Commissioner: Sure, okay, thank you. So my recommendation would be to revisit the scoring system, and to put less weight on the safety, on the score routes, and on, and less weight on the cost effectiveness. 1413 03:13:03.120 --> 03:13:14.459 Seema Lindskog, Commissioner: Criteria to balance things out a little bit and put more weight back again on the intersections that are in the high injury network, especially the top 20. 1414 03:13:14.460 --> 03:13:33.009 Seema Lindskog, Commissioner: as I said, 45% of them didn't even make it into the ATP, which is kind of shocking to me, honestly, because it is a stated city goal that we want to achieve Vision Zero, and this just throws that out entirely. Well, at least half of them. And, 1415 03:13:33.220 --> 03:13:39.539 Seema Lindskog, Commissioner: And I would also, say, to, add back, 1416 03:13:39.760 --> 03:13:57.770 Seema Lindskog, Commissioner: things like the Foothill Boulevard, I don't know what criteria needs to change to put that up higher than 121st to 184 ranking, but given that that was one of the most serious injuries in our city's history. 1417 03:13:57.770 --> 03:14:11.290 Seema Lindskog, Commissioner: and involved, you know, two children dying or getting seriously injured, it needs to be ranked much higher than 120th or 184, so I don't know what criteria needs to change for that to happen. So that would be… that would be my recommendation. 1418 03:14:12.650 --> 03:14:23.710 Community Hall: Okay, thank you. And then, City Attorney, we are going down the row, and… I would solicit the feedback from the Commissioners as to who would support the recommendation we just heard, and who would oppose it. 1419 03:14:23.920 --> 03:14:27.990 Community Hall: Okay, alright, so bring it back to the Commission. Who would support and who would oppose that? 1420 03:14:28.580 --> 03:14:29.870 Community Hall: Commissioner Sharpe? 1421 03:14:30.880 --> 03:14:38.959 Community Hall: I would support it, but I would also say that it seems like the City Council is not interested in that kind of scoring. 1422 03:14:39.830 --> 03:14:41.530 Community Hall: But I would support it. 1423 03:14:41.970 --> 03:14:53.110 Community Hall: Okay, on my end, I would support this. Commissioner Feng? I'm supportive of the, rebalancing, for sure. And, and I do think that, 1424 03:14:53.350 --> 03:14:56.880 Community Hall: I'm supportive of having, kind of a statement that there is 1425 03:14:57.070 --> 03:15:07.249 Community Hall: Maybe one way to paraphrase that is the alignment of Vision Zero goals, which are really, I think, really do focus more on, injuries. 1426 03:15:07.410 --> 03:15:15.679 Community Hall: You know, just to clarify the association with the objectives that we're setting here. 1427 03:15:16.160 --> 03:15:20.009 Community Hall: I think that that's the same thing you said, Seema, but it… Yes, yes. 1428 03:15:20.160 --> 03:15:20.700 Seema Lindskog, Commissioner: Yes. 1429 03:15:21.140 --> 03:15:22.290 Community Hall: Commissioner Rao? 1430 03:15:24.130 --> 03:15:26.269 Community Hall: Yes, thank you, Chair. I would… 1431 03:15:26.730 --> 03:15:32.530 Community Hall: I would support, but I would actually go further and say we need to discard the matrix and start over. 1432 03:15:32.770 --> 03:15:34.060 Community Hall: Because… 1433 03:15:34.390 --> 03:15:47.050 Community Hall: The matrix does not reflect the input from the Council. The way the matrix is written is you start with goals in order of importance. Those goals came from community input. Then you apply a multiplier. 1434 03:15:47.550 --> 03:16:01.290 Community Hall: And so the whole basis for this matrix is flawed, given Council directed you to ignore public input. That's the number one feedback you've captured. And so I would go further to say all of us on all sides of this issue are unhappy 1435 03:16:01.570 --> 03:16:04.929 Community Hall: With the matrix and its prioritization criteria. 1436 03:16:05.590 --> 03:16:07.760 Community Hall: And I believe we should just… 1437 03:16:08.140 --> 03:16:09.860 Community Hall: I asked them to start over. 1438 03:16:10.000 --> 03:16:11.230 Community Hall: and focus. 1439 03:16:11.640 --> 03:16:17.929 Community Hall: on developing a ranking criteria that is not tied to public input. That's the number one feedback from Council. 1440 03:16:18.310 --> 03:16:19.040 Community Hall: Thank you. 1441 03:16:19.540 --> 03:16:24.809 Community Hall: Thank you. Commissioner Scharf. Did you have any, recommendations you wanted us to opine on? 1442 03:16:25.290 --> 03:16:33.919 Community Hall: No, I'm done. Okay. From… I'm just going left to right here. From my end, it was really, after the discussion, the staff 1443 03:16:34.140 --> 03:16:40.340 Community Hall: Idea of incorporating emergency response times into the programmatic recommendations. 1444 03:16:41.040 --> 03:16:43.059 Community Hall: Commissioner Sharp, would you support this? 1445 03:16:46.090 --> 03:16:52.580 Community Hall: you know, after this was brought up, I quickly looked into it, and it seems like… 1446 03:16:53.070 --> 03:16:57.470 Community Hall: All the studies on this show that Response times. 1447 03:16:57.960 --> 03:17:04.789 Community Hall: Often improve, but never, never get worse due to protected bike lanes. 1448 03:17:04.980 --> 03:17:07.180 Community Hall: So I probably would not support that. 1449 03:17:09.540 --> 03:17:10.500 Community Hall: Commissioner Hong? 1450 03:17:10.860 --> 03:17:28.289 Community Hall: So, as in… we had had another discussion before, I think that this is a point where there is value in making sure that it's visible. The… how does the relationship of emergency response to the plan goals, but I think we actually need to research that rather than 1451 03:17:28.680 --> 03:17:31.910 Community Hall: Rather than direct, you know, a change. 1452 03:17:32.680 --> 03:17:38.989 Community Hall: All right, Commissioner Rao? Chair, I would support you on that, and I would go further to say every life matters. 1453 03:17:39.240 --> 03:17:43.739 Community Hall: And a senior… That cannot get emergency care. 1454 03:17:44.760 --> 03:17:51.280 Community Hall: their life matters as much as the life of that bicyclist. And to say that the bicyclist 1455 03:17:51.780 --> 03:18:09.070 Community Hall: was prioritized higher for some reason because of some arbitrary consideration that a concrete median or a buffer would allow for their safety when, in fact, a vehicle might surmount it and climb over that concrete median is an unproven fact. So we're being asked to prove 1456 03:18:09.490 --> 03:18:11.030 Community Hall: that the… 1457 03:18:11.480 --> 03:18:20.929 Community Hall: Emergency response is impacted, but nobody is being asked to prove that a vehicle at 40 miles an hour could not go over a 3-inch amount of concrete. 1458 03:18:22.350 --> 03:18:23.150 Community Hall: Thank you. 1459 03:18:23.290 --> 03:18:24.480 Community Hall: Commissioner Linskog? 1460 03:18:25.470 --> 03:18:28.589 Seema Lindskog, Commissioner: Thank you. Excuse me, excuse me, Chair. 1461 03:18:30.450 --> 03:18:40.480 Community Hall: I think it may be appropriate just to go down the line to get all the recommendations, then go back to Commissioner Lenscos, and she started with the recommendations. So, let's finish off with Commissioner Fung and Commissioner Rao. 1462 03:18:40.480 --> 03:18:44.620 Seema Lindskog, Commissioner: No, I'm responding to her recommendation. She asked for feedback. 1463 03:18:44.620 --> 03:18:47.289 Community Hall: Sorry, I'm sorry, I apologize. 1464 03:18:48.240 --> 03:18:56.239 Seema Lindskog, Commissioner: So, I 100% understand where you're coming from, and I support it. I think, you know, making sure that, 1465 03:18:56.240 --> 03:19:20.819 Seema Lindskog, Commissioner: emergency response times are, you know, are not impacted is an important consideration. But as I said before, I don't know that we need to make that recommendation here for a couple of reasons. One is, as I mentioned before, all the data, all the facts are actually that it is not impacted or improved, so at the very least, I would say let's make sure we have the data before 1466 03:19:20.820 --> 03:19:24.240 Seema Lindskog, Commissioner: before we make that recommendation. And… 1467 03:19:24.240 --> 03:19:47.140 Seema Lindskog, Commissioner: and make sure that it's… we're not trying to solve an issue that doesn't exist. And then the second thing is, it's already captured in how projects are evaluated and designed, that they look at emergency response times and, and change the design if needed, if it does impact, emergency response times. So… 1468 03:19:47.830 --> 03:19:54.010 Seema Lindskog, Commissioner: It seems unnecessary, it seems redundant to make that recommendation, so, 1469 03:19:54.140 --> 03:20:00.990 Seema Lindskog, Commissioner: yeah, I mean, I support the thought, but I question the need for it. 1470 03:20:03.440 --> 03:20:19.930 Community Hall: Commissioner Rao, did you have a comment? Through the Chair, would it be more efficient to just make a motion, amend a motion, use the Roberts Rule, so that we make progress at a faster pace? Yeah, Rosenberg's rule doesn't identify making motions in the study session, and so the processes will take 1471 03:20:19.960 --> 03:20:28.349 Community Hall: an informal, straw poll to provide guidance to the Council as to how this body viewed various recommendations. 1472 03:20:30.310 --> 03:20:35.139 Community Hall: Commissioner Fung, did you have any recommendations? Yeah, the only recommendation I had was… 1473 03:20:35.260 --> 03:20:51.830 Community Hall: We already had one with regard to reexamining the, the weighting factors. I would just, again, bring up the one about, maybe separating parks, that that particular mode was one that I think was, and otherwise, that, that's a human one. 1474 03:20:52.510 --> 03:20:56.509 Community Hall: Is that a strappel you would like us to opine, or are you just commenting? 1475 03:20:58.940 --> 03:21:09.859 Community Hall: I… we could… we could do it as a straw poll, I… you know… Okay, let's… for the sake of, equality, we will, but can you clarify exactly what was the… it was, oh, it was just, 1476 03:21:10.220 --> 03:21:25.729 Community Hall: in prior versions, the, the weighting factor for the parks, park circuit was… was more visible than it is today. And I believe that it actually just got combined in with the schools, but, so it's, you know. 1477 03:21:26.900 --> 03:21:28.709 Community Hall: All right, Commissioner Sharp. 1478 03:21:28.970 --> 03:21:30.839 Community Hall: Support or oppose? 1479 03:21:31.000 --> 03:21:32.880 Community Hall: Support. 1480 03:21:33.430 --> 03:21:34.990 Community Hall: I would support that as well. 1481 03:21:35.800 --> 03:21:36.810 Community Hall: Oops, support. 1482 03:21:37.520 --> 03:21:39.100 Seema Lindskog, Commissioner: I'm sorry, what's the… what are we doing? 1483 03:21:39.370 --> 03:21:50.919 Community Hall: It was a recommendation to reinstate parks as a factor in addition… proximity to parks in addition to proximity to schools. 1484 03:21:51.830 --> 03:21:52.940 Seema Lindskog, Commissioner: Yeah, I support that. 1485 03:21:54.930 --> 03:22:10.600 Community Hall: Commissioner Rao? Yeah, I would not support that, because I think it's a very complex factor. There have been accidents in Memorial Park of pedestrians that were hit by bicycles. One senior, in fact, had to go to the emergency room, so this is not a simple 1486 03:22:10.750 --> 03:22:19.539 Community Hall: matter that can be weighted on criteria. There's a lot of factors here. We have seniors walking on paths that are not wide enough to allow for 1487 03:22:19.810 --> 03:22:27.280 Community Hall: usage of bicycles on those paths. So when you encourage proximity to paths and shared-use trains, then 1488 03:22:27.370 --> 03:22:39.910 Community Hall: interconnect parks. We should do that on real trails that we're building from the ground up. I would support it for Timmy Neno and Lauren Smitty, but it's hard to interconnect city parks where the width does not support safety. 1489 03:22:40.070 --> 03:22:43.040 Community Hall: So, it's, it's a, it's a complex issue. Thank you. 1490 03:22:43.380 --> 03:22:48.299 Community Hall: Okay, and, back to you, Commissioner Rao. Did you have any, recommendations? 1491 03:22:48.820 --> 03:22:54.879 Community Hall: That you wanted to put forth. Yes, I was going to propose a straw poll from this body to see whether 1492 03:22:55.200 --> 03:23:00.779 Community Hall: Council's input is final and binding, or we think commissions need to revisit Council's input? 1493 03:23:00.910 --> 03:23:02.110 Community Hall: and reopen. 1494 03:23:02.320 --> 03:23:09.950 Community Hall: input given by the Council. I propose that Council's input is final and binding, and if that is the case, then the straw poll needs to be discard… the… 1495 03:23:10.100 --> 03:23:13.369 Community Hall: The goals and the prioritization criteria needs to be discarded. 1496 03:23:19.220 --> 03:23:20.230 Community Hall: Commissioner Sharp? 1497 03:23:22.790 --> 03:23:37.000 Community Hall: Can you repeat what I'm voting on here? You know, I think it's appropriate if commissioners want to abstain as well, and just let this be Commissioner Rowles. Yeah, in relation to parks, it is true that there's 1498 03:23:37.440 --> 03:23:45.700 Community Hall: VIN issues in parks, poorly placed bike racks that should not be there that encourage people to 1499 03:23:45.960 --> 03:23:49.849 Community Hall: Speed through the parks, including on e-bikes, Class 3 e- bikes. 1500 03:23:50.190 --> 03:23:55.160 Community Hall: But that's not really what we're talking about here. We're talking about proximity. 1501 03:23:55.850 --> 03:24:00.209 Community Hall: To just get to the park, and yes, there should be some… 1502 03:24:00.490 --> 03:24:04.080 Community Hall: Enforcement, or some physical barriers to prevent. 1503 03:24:04.210 --> 03:24:08.559 Community Hall: that kind of misbehavior by cyclists in parks, but I don't… 1504 03:24:09.030 --> 03:24:13.350 Community Hall: think that's what we were talking about here. We're just talking about including 1505 03:24:15.190 --> 03:24:19.160 Community Hall: Access to parks as part of the criteria, 1506 03:24:19.820 --> 03:24:24.179 Community Hall: in ranking the sites. So, no, I would not support… 1507 03:24:24.310 --> 03:24:38.769 Community Hall: Commissioner Rao's proposal. Sorry, we are… we're crossing wires here, because you were commenting on the previous proposal. I'm sorry, so what is the current proposal? The current proposal is very simple. Council asked staff to ignore public input. 1508 03:24:39.110 --> 03:24:40.400 Community Hall: In their feedback. 1509 03:24:40.830 --> 03:24:54.090 Community Hall: The current staff report is still based on public input, because it ranks goals based on public input, and then it constructs a prioritization criteria based on multipliers to that public input. Well, then it's the council that needs to tell staff 1510 03:24:54.530 --> 03:25:01.090 Community Hall: hey, go back and… and consider public input, if that's what the council you know. 1511 03:25:01.780 --> 03:25:11.480 Community Hall: So, we didn't want to do, but it's not up to us to decide that. Okay, my… my straw poll is that we discard the criteria proposed. 1512 03:25:13.470 --> 03:25:18.170 Community Hall: And start over based on… goals that the Council has defined. 1513 03:25:18.940 --> 03:25:21.389 Community Hall: You're welcome to vote on it. 1514 03:25:22.800 --> 03:25:24.690 Community Hall: Yeah, I'll abstain on that. 1515 03:25:25.830 --> 03:25:27.890 Community Hall: Yeah, I will abstain as well. 1516 03:25:28.070 --> 03:25:29.440 Community Hall: Commissioner Fung? 1517 03:25:31.650 --> 03:25:49.090 Community Hall: So, I think the intent of the Council… when the Council had the statement about no public input, I think that was that the numeric criteria were not driven by purely public factors, so I think there may be a misunderstanding there, although I do understand your point, because I think that the Council actually did 1518 03:25:49.330 --> 03:25:55.069 Community Hall: kind of say, you know, that they wanted more direct input on it. That said. 1519 03:25:55.580 --> 03:26:01.450 Community Hall: That said, I, you know, I actually vote no on this, if… if the council 1520 03:26:01.780 --> 03:26:11.020 Community Hall: you know, as Commissioner Sharp said, if the Council wants their opinion to be binding, then they don't… it doesn't matter what we vote on. 1521 03:26:11.170 --> 03:26:15.600 Community Hall: They… they should just… they need to have that discussion with the… with the staff. 1522 03:26:16.670 --> 03:26:18.810 Community Hall: Thank you. Commissioner Winskog? 1523 03:26:19.500 --> 03:26:33.710 Seema Lindskog, Commissioner: Yes, thank you. So, my perspective on this is that, Commissioner Rao doesn't understand the function of the Planning Commission. Our role is not to be a proxy for the City Council. Our role is to provide advice and guidance, as far as we are able to. 1524 03:26:33.710 --> 03:26:53.780 Seema Lindskog, Commissioner: So the Council is very much able to speak for themselves. If they want this criteria, to be thrown out, they're very… they're free to do so, but that is not our role. Our role is to provide our perspective and our expertise and our advice and guidance, and so I vote no on this straw poll. 1525 03:26:54.300 --> 03:26:56.620 Community Hall: Through the chair, this wasn't a… 1526 03:26:57.020 --> 03:27:03.300 Community Hall: repetition of what the Council said, but it is my position that the public input is highly biased, because we get 1527 03:27:03.430 --> 03:27:10.099 Community Hall: motivated, Individuals that contribute, the 60,000 do not show up to give that input, so… 1528 03:27:10.420 --> 03:27:15.050 Community Hall: I just want to be clear, and for the record, the last item 1529 03:27:15.450 --> 03:27:18.440 Community Hall: We had zero participation from much of… 1530 03:27:18.680 --> 03:27:21.049 Community Hall: Our commission here, so let's not go into… 1531 03:27:21.270 --> 03:27:23.530 Community Hall: Who's endorsing council and who's not? 1532 03:27:25.310 --> 03:27:31.719 Community Hall: Okay, thank you very much, everyone. Do we have any final comments? No, I just want to say… 1533 03:27:33.700 --> 03:27:36.620 Community Hall: You often see people claiming, well. 1534 03:27:37.010 --> 03:27:40.460 Community Hall: Everyone that didn't vote on something supports the opposite. 1535 03:27:41.620 --> 03:27:45.560 Community Hall: That is really, you know, not… not the case. Yes. 1536 03:27:46.440 --> 03:27:50.270 Community Hall: Maybe there's 60,000 drivers that don't want 1537 03:27:50.390 --> 03:27:53.300 Community Hall: Any of these, protected bike lanes. 1538 03:27:53.520 --> 03:27:59.060 Community Hall: But… It's ridiculous to say that, just because they didn't show up to oppose them. 1539 03:28:02.430 --> 03:28:05.670 Community Hall: Any other final comments before we move to the next item? 1540 03:28:08.330 --> 03:28:13.960 Community Hall: Okay, thank you very much to staff. I think this was a good discussion. 1541 03:28:14.090 --> 03:28:19.780 Community Hall: And we will move on to… Any staff and commission reports? 1542 03:28:33.460 --> 03:28:34.570 Community Hall: Oh my god. 1543 03:28:35.030 --> 03:28:46.560 Community Hall: The Planning Commission Academy came up already, so I just wanted to remind everybody that that is one month away, so I believe all four commissioners present wanted to attend. 1544 03:28:46.880 --> 03:29:00.560 Community Hall: So let's just make sure, if you haven't already, to coordinate with our staff in terms of travel arrangements, hotel, anything like that. I think you feel free to do it on your own, but if you want to do it through us, I just want to make sure we get that done. 1545 03:29:00.830 --> 03:29:10.340 Community Hall: Next couple weeks. Who on the staff do we contact? You could contact me, and I'll make sure, if you want Eva Momoki, M-O-M… 1546 03:29:11.980 --> 03:29:26.650 Community Hall: would be the staff to… who is setting this up. So, otherwise, email me, call me, whatever you want. So the travel and the hotel will be done by the city, or we do it ourselves and get reimbursed, or how does that work? Either way. Whatever your preference is. 1547 03:29:27.210 --> 03:29:32.710 Community Hall: Great. Yep. I just want to make sure that we get this wrapped up. Right, okay. 1548 03:29:34.570 --> 03:29:45.660 Community Hall: And about the only other thing I had is for the next meeting, we will have a project I think people have been talking about for some time, another housing element site, the Linda Vista and Avilage Court. 1549 03:29:46.130 --> 03:29:52.280 Community Hall: So, that, will probably take up some of the agenda, but I believe 1550 03:29:53.020 --> 03:30:06.020 Community Hall: It was pointed out earlier, too, we had a San Fernando Court hillside exception item as well that, also really needs to go to hearing, so hopefully there is capacity to have both of those projects in the next agenda. 1551 03:30:07.060 --> 03:30:08.909 Community Hall: That's really all the update I had. 1552 03:30:10.820 --> 03:30:23.399 Community Hall: Great, thank you very much. Does anyone have any questions? Through the Chair, I believe other commissions are working on a city work program. Perhaps this is the next agenda item around future agenda, but 1553 03:30:23.470 --> 03:30:30.970 Community Hall: I just wanted to point out that other commissions are working on a city work program that I believe commissions were asked to do, at least the other commissions were. 1554 03:30:31.420 --> 03:30:36.840 Community Hall: So I just wanted to bring that up, and as far as commissioned reports, the only thing I will report is 1555 03:30:37.210 --> 03:30:42.329 Community Hall: we failed on a motion to let staff go home two and a half hours earlier than they could have. Thank you. 1556 03:30:43.780 --> 03:30:45.479 Community Hall: We're there now. 1557 03:30:48.670 --> 03:30:55.949 Community Hall: Alright, thank you very much. Moving on, does anyone have any items for future agenda setting? So, 1558 03:30:58.050 --> 03:31:02.520 Community Hall: the chair and I have been working on the issue of public noticing, so… 1559 03:31:02.660 --> 03:31:05.380 Community Hall: We should put that on a future agenda. 1560 03:31:05.490 --> 03:31:10.969 Community Hall: I don't know if it should be the next one, because Linda Vista will probably take a lot of time. 1561 03:31:11.340 --> 03:31:17.309 Community Hall: May… and I don't know if Linda Vista and San Fernando are going on the same agenda. 1562 03:31:17.910 --> 03:31:22.130 Community Hall: Hopefully, maybe we can split those up, because, no? 1563 03:31:22.370 --> 03:31:23.400 Community Hall: Know what? 1564 03:31:24.740 --> 03:31:29.409 Community Hall: they're both intended to be on the same agenda. Okay, and the next meeting. 1565 03:31:29.690 --> 03:31:33.020 Community Hall: Correct. Okay, so maybe we move the, 1566 03:31:34.080 --> 03:31:37.660 Community Hall: Discussion on public noticing to a future meeting, then. 1567 03:31:38.570 --> 03:31:43.420 Community Hall: Because that'll be a very long meeting for Linda Vista and San Fernando. 1568 03:31:44.290 --> 03:31:51.519 Community Hall: Yep, I think that's a great point, and I do agree, I think that will be probably more like a March item. I think February is pretty full. 1569 03:31:52.490 --> 03:31:57.720 Community Hall: Great, so if there are no further comments, then I will adjourn the meeting.