HomeMy WebLinkAboutPC 09-22-2026 Youtube and Zoom TranscriptionWEBVTT
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Community Hall: Okay.
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Community Hall: Hello, and welcome to the Planning Commission Meeting for
September 22nd, 2026. Please rise for the Pledge of Allegiance.
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Community Hall: I pledge allegiance to the flag of the United States of
America, to the republic for which it stands, one nation, under God,
indivisible, with liberty and justice for all.
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Community Hall: Thank you, and then City Clerk, may we please have the
roll call?
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Community Hall: Commissioner Fung? Present. Commissioner Linskog? Here.
Commissioner Rao? Present. Vice Chair Scharf? Here. Chair Casolchron?
Here.
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Community Hall: Wonderful. So we will now move on to the approval of the
minutes, and, Agenda Item 1 is approving the September 8th, 2026 Planning
Commission minutes. So moved. Second.
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Community Hall: Excellent. And may we please have the vote?
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Community Hall: The motion carries unanimously. All right, done in record
time, and we will move on to oral communications. Do we have any public
commenters wishing to speak?
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Community Hall: We have no speakers, Chair.
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Community Hall: All right, then we will move straight ahead to, agenda
item 2, which is to consider the General Plan Amendment to adopt
amendments to the health and safety element. Do we have a staff report?
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Community Hall: Good evening, Client Commission. Thank you for the
meeting that we're going to be having on this item tonight. Sorry, I lost
my train of thought for a second there. We actually have two consultants
online that are going to help us present this item. They have been
responsible for putting the majority of the document together. Staff has
reviewed it, and I would like to state that in the staff report, we had
said that this
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Community Hall: today, the item would have been presented to the Board of
Forestry, and that we were going to give a verbal update about that, and
our consultant will provide that, but I did want to say that we received
great kudos for the document that was presented to them.
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Community Hall: So, without further ado, I do want to, introduce
Jacqueline Protsman Rohr and Tammy Seale, who are online on behalf of
PlaceWorks, who will be presenting this item tonight. Thank you.
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Jacqueline Protsman Rohr | PlaceWorks: Thanks, Piu. I will go ahead and
share my screen.
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Jacqueline Protsman Rohr | PlaceWorks: And I just want to confirm before
getting started that my screen is being shared.
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Community Hall: Yes.
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Jacqueline Protsman Rohr | PlaceWorks: Thank you.
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Jacqueline Protsman Rohr | PlaceWorks: So, good evening, Planning
Commissioners. As Piu said, my name is Jacqueline Protsman Rohr with
PlaceWorks, and I'm the project manager on the consultant team for the
Health and Safety Element Update, and I'm joined this evening by Tammy
Seale, who is the principal in Charge on the consultant team.
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Jacqueline Protsman Rohr | PlaceWorks: So this presentation will provide
an overview of the health and safety element, summarize the proposed
changes to the element as part of this update, go over state agency
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review, tribal consultation, and environmental review, and then provide
staff's recommended action for the Planning Commission.
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Jacqueline Protsman Rohr | PlaceWorks: So why update the safety element?
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Jacqueline Protsman Rohr | PlaceWorks: A safety element is one of the
mandatory elements of a general plan, focusing on natural and human-
caused hazards within and surrounding Cupertino, as well as emergency
response and preparedness. The current element was adopted in 2014 during
the Comprehensive General Plan update.
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Jacqueline Protsman Rohr | PlaceWorks: State law does require a safety
element to be updated when a housing element or a local hazard mitigation
plan are updated to ensure compliance with current state law.
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Jacqueline Protsman Rohr | PlaceWorks: So both the housing element and
the local hazard mitigation plan, which is part of the Santa Clara County
Multi-Jurisdictional Hazard Mitigation Plan, were updated in 2024,
prompting the update to this health and safety element.
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Jacqueline Protsman Rohr | PlaceWorks: So this update addresses new
statutory requirements for climate change resilience, emergency
evacuation, and extreme heat, as well as updating the element and
background documents with best available science and mapping for the
existing topics, such as fire safety, geologic and seismic hazards, and
flooding.
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Jacqueline Protsman Rohr | PlaceWorks: The proposed health and safety
element also incorporates the Santa Clara County Multi-Jurisdictional
Hazard Mitigation Plan by reference, which can improve eligibility for
grant funding to implement resiliency and hazard mitigation projects.
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Jacqueline Protsman Rohr | PlaceWorks: So the health and safety element
is a high-level, broad document that is just one part of Cupertino's
overall approach to protecting the community against hazards. The
building code has very detailed, specific requirements for development
activities, including the fire code and the new Wildland Urban Interface
Code.
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Jacqueline Protsman Rohr | PlaceWorks: And the city adopts and implements
the state's building code, and has the option to go beyond the state's
code
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Jacqueline Protsman Rohr | PlaceWorks: Or be more restrictive, but it
cannot adopt less stringent requirements or loosen building code
requirements through the general plan.
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Jacqueline Protsman Rohr | PlaceWorks: So the safety element provides
policy direction to guide the review of development and resource use, and
can address gaps or establish more stringent requirements than the
building code.
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Jacqueline Protsman Rohr | PlaceWorks: The health and safety element must
be consistent with the building code, the municipal code and zoning code,
other elements of the general plan, and other applicable county,
regional, and state requirements.
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Jacqueline Protsman Rohr | PlaceWorks: So this slide provides an overview
of the engagement, consultation, state agency… and state agency review
that have occurred throughout the project.
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Jacqueline Protsman Rohr | PlaceWorks: In 2025, the element was presented
to you all, the Planning Commission, as well as the Public Safety
Commission, which informed the development of policies and strategies in
the element itself.
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Jacqueline Protsman Rohr | PlaceWorks: The project team then prepared the
draft health and safety element from Summer 2025 to Spring 2026, which
went out for public review from February 11th to May 8th of this year.
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Jacqueline Protsman Rohr | PlaceWorks: During that time, we held a study
session with the Planning Commission on
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Jacqueline Protsman Rohr | PlaceWorks: March 9th, followed by two study
sessions with City Council on May 19th and July 7th.
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Jacqueline Protsman Rohr | PlaceWorks: The project team revised the
health and safety element based on comments received from commissioners,
council members, and community members.
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Jacqueline Protsman Rohr | PlaceWorks: The revised health and safety
element was then submitted for review by CAL FIRE on July 13th.
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Jacqueline Protsman Rohr | PlaceWorks: and reviewed by Cal OES and the
California Geological Survey on July 14th.
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Jacqueline Protsman Rohr | PlaceWorks: And tribal consultation occurred
during this period as well.
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Jacqueline Protsman Rohr | PlaceWorks: So the health and safety element
is scheduled to go to City Council on October 20th.
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Jacqueline Protsman Rohr | PlaceWorks: And now I'll provide a brief
overview of the changes to the health and safety element as part of this
update.
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Jacqueline Protsman Rohr | PlaceWorks: There were several of the topic
sections that remained the same as the 2014 version, with revisions to
policies and programs within those sections.
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Jacqueline Protsman Rohr | PlaceWorks: Public safety was renamed to
public services, and two new topics were added based on government code
requirements, and those were extreme heat and climate change resilience.
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Jacqueline Protsman Rohr | PlaceWorks: And then the noise topic was moved
and renumbered accordingly.
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Jacqueline Protsman Rohr | PlaceWorks: During the study sessions earlier
this year, we did receive several comments from the community, your
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commission, and the City Council, which were integrated into the health
and safety element.
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Jacqueline Protsman Rohr | PlaceWorks: The project team updated regional
coordination section
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Jacqueline Protsman Rohr | PlaceWorks: To include, PFAS coordination and
review.
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Jacqueline Protsman Rohr | PlaceWorks: and the emergency preparedness
response section to include policies for block leaders, vulnerable
populations, evacuation, hazard mapping, and education.
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Jacqueline Protsman Rohr | PlaceWorks: The fire safety section was
updated to provide clarity for defensible space, wildfire assistance
programs, and development in the fire hazard severity zones.
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Jacqueline Protsman Rohr | PlaceWorks: One policy was added to public
services… the public services topic for response times.
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Jacqueline Protsman Rohr | PlaceWorks: And the hazardous materials
policies were updated to include environmental site assessments and
storage of hazardous materials.
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Jacqueline Protsman Rohr | PlaceWorks: Since the safety element was last
presented to you all, extreme heat has been pulled out as a separate
hazard from the climate change resilience section, with policies for a
heat action plan, vulnerable neighborhoods, protections for workers,
enhanced shading, artificial turf, and urban forests.
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Jacqueline Protsman Rohr | PlaceWorks: And policies were added for water
conservation to the climate change resilience section.
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Jacqueline Protsman Rohr | PlaceWorks: And finally, the noise section was
updated as well, with policies added for noise control, impact analysis,
street signage, and garden equipment.
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Jacqueline Protsman Rohr | PlaceWorks: So once the comments were
integrated into the health and safety element, the project team submitted
the element to CAL FIRE for inform… the informal review process, which
started on July 13th.
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Jacqueline Protsman Rohr | PlaceWorks: CAL FIRE staff reviewed and
provided recommended changes, and then the element was submitted to the
Board of Forestry and Fire Protection on August 21st to be included on
their meeting agenda for review, which occurred earlier today.
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Jacqueline Protsman Rohr | PlaceWorks: As mentioned earlier, the project
team sent the element to the California Office of Emergency Services on
July 14th, and heard back from Cal OES on July 22nd, confirming that the
draft is consistent with AB 2140's guidance for integrating the hazard
mitigation plan.
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Jacqueline Protsman Rohr | PlaceWorks: The project team also submitted
the element to the California Geological Survey on July 14th, but did not
receive any comments.
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Jacqueline Protsman Rohr | PlaceWorks: During the CAL FIRE informal
review process, CAL FIRE staff did have edits to both the background
content and the policies related to wildfire and fire safety.
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Jacqueline Protsman Rohr | PlaceWorks: In the background section, this
included updated… updating the web link to the evacuation route capacity
assessment.
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Jacqueline Protsman Rohr | PlaceWorks: Adding a description of the CZU
Lightning Complex fire.
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Jacqueline Protsman Rohr | PlaceWorks: And adding language confirming
that no areas of Cupertino lack coverage for fire protection services.
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Jacqueline Protsman Rohr | PlaceWorks: In the fire safety policy section,
policies were revised for new development and subdivisions in high and
very high fire hazard severity zones. Policies were added to ensure
adequate access and road maintenance in hillside areas.
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Jacqueline Protsman Rohr | PlaceWorks: And policies were revised for
defensible space, roadside management, and coordination of anticipated
future locations of water supply.
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Jacqueline Protsman Rohr | PlaceWorks: The Board of Forestry and Fire
Protection Resource Protection Committee reviewed the health and safety
element this afternoon.
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Community Hall: office.
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Jacqueline Protsman Rohr | PlaceWorks: And did… did not have any
additional changes.
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Jacqueline Protsman Rohr | PlaceWorks: However, they had unanimous praise
for the safety element's structure, content, and alignment with safe…
fire safe regulations and other programs.
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Jacqueline Protsman Rohr | PlaceWorks: City staff led the tribal
consultation process pursuant to Senate Bill 18 requirements.
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Jacqueline Protsman Rohr | PlaceWorks: A request was sent to the
California Native Heritage Commission for a list of tribe contacts on May
18th of this year.
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Jacqueline Protsman Rohr | PlaceWorks: Staff sent letters via mail and
email to each of the tribe contacts on the list received from NAHC.
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Jacqueline Protsman Rohr | PlaceWorks: And staff received one response
from the Tammy Nation and initiated the consultation process on July 9th.
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Jacqueline Protsman Rohr | PlaceWorks: Staff met with a member of the
Tammy Nation on August 28th, the result of which confirmed that the tribe
did not have any comments on the proposed policy amendments to the
element.
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Jacqueline Protsman Rohr | PlaceWorks: The project team conducted
environmental review pursuant to the California Environmental Quality
Act. The Health and Safety Element Update qualifies for a CEQA exemption
under the common sense exemption set forth in CEQA guidelines section
15061B3.
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Jacqueline Protsman Rohr | PlaceWorks: Because the update is a program-
level document and does not commit the city to any specific development
actions.
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Jacqueline Protsman Rohr | PlaceWorks: The update does not include
changes to land use or zoning, does not increase development potential,
and does not grant entitlements for development.
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Jacqueline Protsman Rohr | PlaceWorks: There are no provisions of the
update that would result in direct or indirect population growth, or
place additional demands on natural resources, public services, or
infrastructure.
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Jacqueline Protsman Rohr | PlaceWorks: And future implementation actions
that could affect the environment would be subject to separate CEQA
review at the time they're prepared.
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Jacqueline Protsman Rohr | PlaceWorks: So with that, staff recommends
that the Planning Commission adopt the draft resolution recommending that
the City Council
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Jacqueline Protsman Rohr | PlaceWorks: Adopt amendments to Chapter 7,
Health and Safety, Appendix D, Community Noise Fundamentals, Appendix E,
Geologic and Seismic Hazards, and a new Appendix H, Health and Safety
Background Report.
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Jacqueline Protsman Rohr | PlaceWorks: and find… find the actions exempt
from CEQA.
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Jacqueline Protsman Rohr | PlaceWorks: So that does include our
presentation, and we're available to answer any questions that you may
have.
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Community Hall: Great, thank you very much, and Piu, just to confirm, is
there a second presentation from… you mentioned there were two people, or
is it just this one? No, just staff from the same consulting company
here. Great, thank you, then we'll take it back to the Commission. Do we
have any questions?
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Community Hall: Yes, Commissioner Rao.
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Community Hall: Yes, thank you for the presentation. Could we go back to
the slides? And there was a slide that said changes from
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Community Hall: Changes in 2026, I think it was called.
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Community Hall: If you can project the slides one more time.
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Jacqueline Protsman Rohr | PlaceWorks: Yes.
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Jacqueline Protsman Rohr | PlaceWorks: And which slide would you like me
to show?
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Community Hall: I think it's a changes in 2026, so…
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Jacqueline Protsman Rohr | PlaceWorks: This one?
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Community Hall: Yeah.
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Community Hall: Next one, maybe?
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Community Hall: Yes, this one.
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Community Hall: So, I had a couple of questions here. One is… Own the
noise.
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Community Hall: I seem to recall past Planning Commission feedback on
three-way noise and pickleball noise. I don't see either of those
mentioned in the noise category. Is there a reason they were omitted?
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Community Hall: I can take that question. Freeway noise is actually
extensively covered in the noise element, as presented tonight. With
respect to pickleball, I know you and I had a conversation earlier about
this, too. We kind of have, language in there that covers, noise-
generating uses. So not just pickleball, but any uses that generate
noise. I mean, we have pickleball today, but we could have pickleball
tomorrow.
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Community Hall: And so, in order to address those kinds of issues, we
kind of left the language to be, anything that generates noise needs to
be mitigated and have mitigation measures associated with it. Yeah, if
you can go back to the slides and keep the slides up, please.
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Community Hall: So, my question is on the slide itself, given the
extensive discussion the city has had on the topic of both freeway noise
and pickleball noise, is there a reason PlaceWorks did not include it in
the slides here?
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Community Hall: Not necessarily. They are part of the red line documents
that is presented in the package for Planning Commission review. Okay, if
you can stay on the slide one more time.
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Community Hall: There's an item under noise called impact analysis. Did
impact analysis get included in the policy recommendations?
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Community Hall: Specifically for noise, related to private or public
areas.
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Community Hall: Can you repeat that question again? Impact analysis.
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Community Hall: The last row on the slide, impact analysis under noise,
was that included for
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Community Hall: noise emanating from change of use in public or private
areas? Correct. It's actually Policy HS10.8 that addresses the analysis
and mitigation measures that needed to be provide… that would need to be
provided for noise-generating uses in both private and public. Could we
put that up? Is it possible to put that up? Sure.
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Community Hall: Video, if you could project the staff, Computer… screen?
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Community Hall: Is there any way to zoom this?
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Community Hall: Can we zoom it on our side?
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Community Hall: Oh, there you go.
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Community Hall: Right, so, thank you. So, I'm reading the policy, and
thank you for including it, but it says includes adequate noise
mitigation measures.
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Community Hall: But it does not include impact analysis.
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Community Hall: The way that you would have to, generate those mitigation
measures would be through the noise analysis, and actually, we are going
to be presenting another municipal code amendment change to the
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Commission that's coming up soon, which will actually be including that
in the Muni Code as well.
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Community Hall: So, I guess my question to PlaceWorks, why was impact
analysis not included in this? Because this is a…
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Community Hall: An area of great concern and neighborhood feedback, and
this has been a topic of tremendous discussion.
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Community Hall: Consuming a lot of staff and, council and commission
time.
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Community Hall: I know the slide says impact analysis, but why did the
policy not include impact analysis specifically?
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Community Hall: Question for PlaceWorks.
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Community Hall: May I answer that question, sir?
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Community Hall: PlaceWorks is actually… I'd love to hear from PlaceWorks
too, but go ahead. Sure. Their, scope of work is limited to the health
and safety element. The noise element is a separate section that
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Community Hall: We were, not anticipating editing with this update, but
due to the response that we received, staff actually looked at some of
those policies and has been updating it. This is not PlaceWorks updating
it. Oh, I see. So PlaceWorks was…
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Community Hall: Not the editor for the noise.
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Community Hall: Okay, very good.
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Community Hall: If you can go back to that slide one more time.
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Community Hall: And my last question here, I'll yield my…
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Community Hall: One time after this. We can go back to the slide.
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Community Hall: Video, can you switch to the screen that, Jacqueline was
sharing? Thank you.
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Community Hall: On the fire safety, was there any consideration for… I
know on some other categories we talk about interagency cooperation, for
example, on the trucking hours and so on.
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Community Hall: Was there any consideration for fire safety to…
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Community Hall: Pursue similarly interagency coordination to ensure that
there's weed and brush abatement on the hillside and in the quarry lands.
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Community Hall: Not sure who that question should go to.
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Community Hall: There's a PlaceWorks section?
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Jacqueline Protsman Rohr | PlaceWorks: I'm happy to… happy to answer.
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Community Hall: Jacqueline, why don't you? Yeah.
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Jacqueline Protsman Rohr | PlaceWorks: Yes, so the fire safety section
and the regional coordination section actually also, has…
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Jacqueline Protsman Rohr | PlaceWorks: A couple of policies that are for,
coordination between
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Jacqueline Protsman Rohr | PlaceWorks: Different agencies, that provide
fire protection services,
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Jacqueline Protsman Rohr | PlaceWorks: And that they would work together
for…
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Jacqueline Protsman Rohr | PlaceWorks: vegetation management in not only
in Cupertino, but in the surrounding open space, and I'm not sure about
the quarry, but I know the open space areas.
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Community Hall: Yeah, it's concerning that we have
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Community Hall: no explicit mention of quarry, because this is an area
where staffing has gone down from 200 to 16, and there's a lot of concern
around fire and press, so I'll leave it at that. We can make a motion if
needed. Thank you.
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Community Hall: Any other questions?
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Community Hall: No, for sure.
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Community Hall: Hi, on page 6 of, the draft resolution, where you
describe the sheriff's… office… duties,
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Community Hall: I guess I can do it in a substitute motion, but there's
something that, needs to be added to that regarding
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Community Hall: the sheriff… primary responsibility being for the City of
Cupertino.
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00:21:31.240 --> 00:21:37.260
Community Hall: Sorry, and I… it's only because of an unfortunate
incident earlier this month,
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Community Hall: Where there was a fake 911 call, and the deputies were
sent to another city.
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Community Hall: And we need to make it clear that
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Community Hall: The sheriff is responsible for our community. Thank you.
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Community Hall: Okay. Is there a staff response to this, or…
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Community Hall: I'm sorry, I'm actually trying to find this… the page
that, Commissioner Scharf is referring to. Page 6 of the draft
resolution.
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Community Hall: Health and Safety Element Public Hearing Draft.
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Community Hall: About a third of the way down the page.
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Community Hall: Chapter 7? Page 6 of Chapter 7, sir?
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Community Hall: That's what I'm looking at. Okay.
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Community Hall: And you wish to add this language where… Right, so…
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Community Hall: Let me go back there now.
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Community Hall: So I… the language I wish to add, and I wrote it out
here, is…
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Community Hall: The Santa Clara County Sheriff's Office's primary
responsibility is the safety and security of the Cupertino community,
which funds its operation.
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Community Hall: That's one bullet point.
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Community Hall: And then the Santa Clara County Sheriff's Office deputies
serving Cupertino shall not deploy to other Santa Clara County cities
without a direct request from the other jurisdiction.
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Community Hall: Or except in the case of an actual emergency.
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Community Hall: I can email you these.
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Community Hall: If you wish.
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Community Hall: Yeah, Commissioner, this is a little bit outside of my
bailiwake, but I don't believe we can dictate to…
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Community Hall: the Santa Clara County Sheriff's Department, their
discretion, and their need to, if necessary, go to another jurisdiction.
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Community Hall: Right, I'm not saying… if it's necessary, and the other
jurisdiction requests it, sure.
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Community Hall: Well, it… again, it's… I'm not familiar enough with the
appropriate law enforcement requirements of the county, but, you know,
they…
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Community Hall: I just don't know if there's an instance where, in
absence of a request from a system jurisdiction, the law enforcement
believed to exercise their duty, they would need to go to that
jurisdiction.
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Community Hall: Are we… do we have, we're still in the questions phase.
Do you have more questions, or… No, I mean, I just… I would not vote for
this draft resolution in the current form, though. Thank you.
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Community Hall: Okay, any other questions, Commissioner Rao?
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Community Hall: Yeah, staying on that page 5, when we look at the…
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Community Hall: Emergency Management, I guess it's called the OEM,
resonance exercisers.
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Community Hall: Does that include the public works service yard?
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Community Hall: Is the service yard under the scope of the OEM drills,
or…
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Community Hall: Or, TR… simulating TR scenarios.
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Community Hall: Yeah, that is not something that, planning staff would
know. That would be part of emergency services, but, to the extent that
that is part of their responsibilities, I'm sure they would be including
all city staff.
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Community Hall: I guess maybe the question for PlaceWorks, was there any
evaluation of the…
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Community Hall: Drills themselves for whether they were comprehensive or
needed updating.
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Community Hall: Or was that out of the scope of this?
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Community Hall: So that would be outside the scope of this. This is a
policy-level document. What you're discussing is really operational
emergency at a much more granular level.
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Community Hall: Okay, thank you.
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Community Hall: Any other questions? Admission?
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Community Hall: I have a few. So,
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Community Hall: Alright, on page 10 of the document, I was curious, just
to clarify, one of the lines was…
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Community Hall: crossed out. It was the EOC can be fully functional
within 30 minutes of activation for a Level 3 activation on a workday.
And I noticed that that was redlined and… or crossed out. And I'm curious
if that…
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Community Hall: just no longer holds, we can no longer activate within 30
minutes. Is that something we should be concerned about, and maybe needs
some attention?
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Community Hall: I believe from a practical matter, those things go into
oper… like, emergency operations plans, and not necessarily general
plans, but I will also let PlaceWorks chime in if they have a response.
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Jacqueline Protsman Rohr | PlaceWorks: Yes, those…
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Jacqueline Protsman Rohr | PlaceWorks: Those details would be more in an
emergency operations plan, and they could, change, and therefore it was
redlined from this higher level
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Jacqueline Protsman Rohr | PlaceWorks: Longer range document.
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Community Hall: I see. Okay. Thank you.
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Community Hall: Then… It also noted on page 11 that the City reviews the
plan annually.
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Community Hall: Is this currently the case, or is this aspirational?
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Community Hall: We'll have to check with the emergency management staff.
Okay.
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Community Hall: All right, I've got more questions. So, on page 20, this
is more just for my own knowledge. I think there's a lot of community
interest in this. It mentions that the Santa Clara County Fire Department
has a hazardous brush inspection program for hillside areas, including
inspections of hillside properties by fire crews beginning in early April
of every year.
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Community Hall: How do residents sign up for that if they want to have
their home inspected?
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Community Hall: I believe they have to contact the fire department for
that. I think the fire department has a dedicated website for their
inspections and things like that, and we're happy to provide more
information, but I believe they're the ones who conduct these.
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Community Hall: And they have a website for it. Yeah, that would be
great, because, we… I have, spoken with a number of community members
that are very concerned about the amount of fuel in their backsides. So…
okay.
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Community Hall: I think I only had one final question. This was based off
a public comment that mentioned something that wasn't noted in the health
and safety element so far. Is there… where would risk of trees falling
onto roads fall within this
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Community Hall: Health and safety elements.
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Community Hall: Or trees falling in general.
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Community Hall: I think that might come under the whole evacuation,
concerns, or… but in general, there is the urban, forest management plan
that the city is preparing, and it could probably go into that in terms
of an action item for what
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Community Hall: You know, as a more granular thing that staff should look
to in evaluating trees when they're, looking at them.
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Community Hall: Great, thank you.
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Community Hall: Yeah, Commissioner Rao.
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Community Hall: Yes, going back to the policy HS10.8, if we can project
the screen.
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Community Hall: Video, if you could please, share the staff screen.
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Community Hall: On the item here around noise.
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Community Hall: Is the noise-generating users considered to be a…
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Community Hall: In new use, or a change of use on existing…
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Community Hall: it could be a change of use as well. So, essentially, if
you had
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Community Hall: I'm gonna use the… the example,
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Community Hall: probably most relevant to pickleball is the change of use
from a tennis court to a pickleball court. That would be a change of use
in terms of the amount of noise that would be generated, and therefore
would need mitigation as such.
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Community Hall: And so that would be included in this? Correct.
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Community Hall: And does such a change of use require a COP currently?
Not on public property.
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Community Hall: Not on public property.
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Community Hall: Is there a way we might be able to recommend that
tonight?
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Community Hall: No, it's outside of the scope of what we're doing here,
but also, it is city-owned property, the city doesn't issue itself use
permits generally.
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Community Hall: What other checks and balances might we recommend in
policy language that would allow for an explicit oversight on such change
of use?
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Community Hall: I think what you're suggesting would probably best go in
the parks and recreation, or the open space element, in terms of the uses
that go in parks, but this is outside the scope of that.
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Community Hall: Yeah, I hear what you're saying, but is there a
recommendation on
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Community Hall: On the noise element itself, given this is being updated,
is there additional recommendations, policy language that we might use in
lieu of COP? Is there something else we might use, such as recommendation
for explicit
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Community Hall: Council approval.
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Community Hall: Or let me rephrase, is there any other policy language in
the draft today that refers to explicit council approval as a way to
encourage that oversight?
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Community Hall: I think what you're talking about is the process, which
this is not. This is really about the mitigations related to noise-
generating activities and uses. The process itself, by how,
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Community Hall: Uses on public property change, that that has its own
place, which is not in the health and safety element itself.
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Community Hall: Yeah, if I could add, I think that would mostly be
handled through an ordinance, and be something that would be more code-
based, because this is laying the framework for what you would want, but
if then you want to get into describing the type of permit, or the body
that would approve it, that would be more appropriate in a code.
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Community Hall: I guess there are other places where we talk about ensure
that conditions of approval are incorporated, but…
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Community Hall: We couldn't do that for public recreational spaces.
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Community Hall: Well, I mean, this basically says that there's going to
be noise mitigation measures that would be implemented, so that is the
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condition of approval that the mitigation measure needs to be
implemented. Understood. I think the difference is the mitigation
measures would be staff
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Community Hall: administered, whereas the conditions of approval would
need explicit oversight from council or a commission? Actually,
administrative decisions almost always have conditions of approval
associated with them, but again, you know.
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Community Hall: This basically lays the framework for what happens when
you change a noise…
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Community Hall: Generating use, or when you place a noise-generating use
in a certain area.
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Community Hall: and the process, again, that you're talking about, in
terms of the oversight, that goes in those details that Luke was talking
about. So is it fair to say we might incorporate language? And again, I'm
suggesting it here as a question, so my fellow commissioners are thinking
about this, but is it fair to use language such as…
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Community Hall: ensure that conditions of approval are included and are
non-ministerial as a way to ensure that there's oversight from Council or
a commission.
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Community Hall: Okay, so I just wanted to add one thing when we were
talking, like, mitigations and conditions is… mitigations are always
conditions of approval, but not all conditions are mitigations.
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Community Hall: So anything that is a mitigation for a project would be
identified generally in a CEQA document, but also a condition of approval
of the project. So if you had a permit.
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Community Hall: those mitigations would have to be conditions. But the
conditions in that case would be staff identified, or consultant
identified?
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00:34:27.320 --> 00:34:39.349
Community Hall: They could be, they would typically be, through CEQA,
consultant identified. Okay. But any permit that's going through a
hearing body, very few things go to administrative hearings. Only very
small projects in this city do.
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Community Hall: So, everything else would go to either the Planning
Commission or the City Council, who would be then looking at the
mitigations and conditions.
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Community Hall: Thank you.
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Community Hall: Mia? Yes. Yeah, so just to follow up on that, I think
what I heard you kind of say before was that
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Community Hall: It would not be unusual to
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Community Hall: I mean, you know, the Municipal Code has a lot of places
today that says this particular kind of decision comes… must come to the
Planning Commission, this must come to the City Council. So, this would…
this must come to an administrative hearing with appropriate notice. So,
you're just saying that that would be the mechanistic… There would be a
noticed hearing, and generally would be before this body and or the City
Council. Okay, thank you.
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Community Hall: And if I may, I mean, things like…
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Community Hall: capital improvement projects, as an example, because
those are the ones that would implement these mitigation measures on,
public property. Those would have council oversight in any case.
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Community Hall: Actually, again, related to that, so…
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Community Hall: I don't know at the top of my head what the capital
improvement threshold was for something to be included in that… in that
list, but again, that… this is just something the Council can set as part
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of municipal code as to whether that… whether that has a capital
improvement… yeah.
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Community Hall: Right, and that was the point I was trying to make, that
the process for that change should be… is elsewhere, and that's what
should be amended, if that is the desire, but not here. Great. Thank you.
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Community Hall: Okay, any other questions from the Commission?
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Community Hall: Then at this point, we will break for public comments.
Are there any, City Clerk?
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Community Hall: We have one remote speaker, Jennifer Griffin.
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Community Hall: Welcome, Jennifer.
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Jennifer Griffin: Thank you. Can you all hear me?
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Community Hall: Yes, we can hear you.
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Jennifer Griffin: Okay, thank you. I, Mike…
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Jennifer Griffin: This is a great document. Everyone has worked very,
very hard on it. I know this has had many meetings, and I'm very pleased
to see
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Jennifer Griffin: There was a very robust,
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Jennifer Griffin: commitment to update sections of this, like for heat,
wildfire, evacuation, etc. I think it's a good document, I'm very pleased
with it. I just had one or two comments. One of them is that,
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Jennifer Griffin: I sent a letter to the Planning Commission earlier
today, and this concerns… I think this is a piece of the safety
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Jennifer Griffin: And health element, which is…
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Jennifer Griffin: Making sure that Cupertino has vital services. I don't
know where this comes under, but I consider it a safety measure, which is
that we maintain adequate grocery stores.
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Jennifer Griffin: for the public to purchase food and groceries. We have
drugstores and pharmacies so that we can have
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Jennifer Griffin: people, residents, particularly seniors, able to buy
medicine and pick up medical prescriptions, and that we maintain enough
gas stations that the public is able to fuel their vehicles and repair
them. If you are trying to make sure that you
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Jennifer Griffin: Keep gas in your car because of earthquakes, which
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Jennifer Griffin: if you've been through, after 89, Loma Prieta.
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Jennifer Griffin: A lot of people around here keep a full gas tank,
because there are… it's impossible to get gas in emergency situations
like that.
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Jennifer Griffin: I don't know where those fall under this category, but
I consider those very important vital services, particularly coming out
of the pandemic, where, you know, you have to maintain those in the city.
I consider them
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Jennifer Griffin: As important as emergency access for fire trucks,
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Jennifer Griffin: Public safety with the police department, et cetera, et
cetera, because they are… we don't want to be a food desert where we have
no grocery stores, and we want to make sure that we have gas available
for the public, especially if they have to evacuate.
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Jennifer Griffin: Because you… believe me, when… if there's an emergency,
you can't line up at the gas station to get gas. I also, I just wanted to
mention, over the weekend, I attended my high school class reunion in the
area. One of the ladies I was talking to, classmate.
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Jennifer Griffin: Lives in Reno, and she and her husband last week were
in Mendocino. They were not able to get back into their home in northern
Reno. Because of the fire, they had to spend the night in southern…
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Jennifer Griffin: Reno, her son was able to get back in and take care of
their, poultry and goats.
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Community Hall: Thank you, Jennifer, that is your time.
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Jennifer Griffin: Thank you.
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Community Hall: We have no remaining requests to speak, Chair.
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Community Hall: Thank you. Okay, we'll bring it back to this commission.
Does anyone have any other questions? Commissioner Rao.
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Community Hall: We're gonna tell the school if there's anyone else.
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Community Hall: Don't think so.
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Community Hall: Go ahead.
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Community Hall: Okay, I just had one follow-up question on the public
comment, and this may be either for staff or for, the PlaceWorks, but,
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Community Hall: For vital services, where would there be a place for that
in the health and safety element at all?
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Community Hall: Or retention of vital services.
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Community Hall: If the Commission wishes to have something, they could,
but we can't force grocery stores to remain open. I mean, that's a
business decision that they have to make in the event of an emergency.
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Community Hall: Yeah, I guess I would just add, I think that
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Community Hall: the speaker identified a legitimate issue, I mean, in
terms of food deserts and that, but I think
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Community Hall: The health and safety element, you're primarily looking
at environmental factors that can have an impact on the city and its
residents. Things increased heat, earthquakes, fire, flooding.
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Community Hall: food services are obviously important, but the safety
element's not really there to identify things that are of benefit to
people's health, so to speak, like access to grocery stores. I think you
could appropriately have policies like that elsewhere in the general
plan, I would think in terms of mix of land uses,
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Community Hall: having things more walkable, more, you know, closely
situated to the population, but I don't think this would really be the
element to address that issue.
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Community Hall: Okay, thank you for clarifying. Commissioner Rao?
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Community Hall: Yeah, going back to the construction and weekend noise, I
believe it's HS10.3,
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Community Hall: I know this was another area that was discussed in the
past, Planning Commission.
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Community Hall: It appears there's no real change in this section other
than editorial to add,
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00:41:33.370 --> 00:41:35.189
Community Hall: So I made a total fixes.
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Community Hall: Was there consideration to add more restrictions on
holidays?
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Community Hall: Or weekends.
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Community Hall: I know the Saturday schedule is, what, 9am to 7pm, or 6
p.m?
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Community Hall: So I will say, sir, we have not done any analysis on this
section, because the update to the noise… to the health and safety
element actually did not include a substantial revision to the noise
element.
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Community Hall: But with that said, we do have standards in the,
municipal code with respect to construction hours and things like that,
and this is just… we're just aligning the text in here to… to… with that.
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Community Hall: We're not… Proposing to make any changes.
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Community Hall: There was no analysis done, on that issue. But is it fair
to say that Commission could amend
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00:42:23.110 --> 00:42:28.890
Community Hall: To suggest further changes here to apply further limits
on construction noise on weekends.
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Community Hall: That's the Commission's will.
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Community Hall: Any other questions? Yes.
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Community Hall: On the evacuation study and the related evacuation
corridors, The PlaceWorks memo… explicitly identifies hotel, Stevens
Creek, McClellan.
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Community Hall: Maybe a couple more.
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Community Hall: But the actual text in the element, the health and safety
element, Chose to omit those.
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Community Hall: Can we?
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Community Hall: comment on the rationale, maybe from PlaceWorks, and why
those were omitted?
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Community Hall: Because those corridors, I believe, the fire evacuation
study showed it was
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Community Hall: Up to 4 hours to evacuate in the event of a fire.
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Community Hall: So, seems like a fairly…
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Community Hall: Contentious issue, and we know we've received a lot of
restaurant feedback on that.
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Community Hall: The memo does some good work identifying it.
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Community Hall: Well, why was it not included explicitly in the… In the,
element.
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Community Hall: I don't know if PlaceWorks has anything to add, but I
think the evacuation study really was a standalone document that was done
essentially as an appendix, or part of this, by reference. So, I forget
the length, but there's a lot in there. It was really, as you point out,
more of a capacity issue, where you were identifying
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Community Hall: should you have something occur, particularly on the west
side, where are your potential bottlenecks and delays? So this document
isn't really trying to replicate what that's already doing. That was
meant to be a standalone that was required to be part of this
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Community Hall: But that's probably another area we could explicitly
name, or maybe use some criteria to say.
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Community Hall: The most congested corridors, as found in the evacuation
study, be considered for operational improvements and prioritized.
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00:44:31.090 --> 00:44:39.009
Community Hall: Yeah, so far as I know, that would be a fair thing to
say. I probably wouldn't want to try to get a lot of detail, but if you
wanted to, like, by reference.
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Community Hall: use the evacuation study in the most impacted corridors
to prioritize those. That would seem to be a reasonable thing to do.
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Community Hall: And then the fire evacuation analysis itself, the
scenarios that were looked at, I don't think they covered school drop and
school pick.
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Community Hall: Was there a reason that the…
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Community Hall: PlaceWorks analysis did not consider the school drop and
pick.
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Community Hall: sorry, for the evacuation study, you mean? Yeah. I think
the scenarios that was… that were evaluated included scenarios that were,
you know, either had school…
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Community Hall: ongoing, like, during the daytime, and, off times, but
I'll let, Jacqueline speak to it if she has anything to add to that.
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Community Hall: But that was also developed with our other consultant,
Farron Pierce, who were the actual preparers of that evacuation study.
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Community Hall: So that is out of the scope of today's update.
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Community Hall: So the recommendations from the evacuation study were
kind of picked up in the actual document. The evacuation study itself is
outside the scope of what we're looking at today. And that study is that…
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Community Hall: Is that a done thing? There's no chance to have it
revised, to reflect.
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Community Hall: Because I know these corridors face extreme congestion
during school drop and pick, and it'd be good to see what the effect of
an emergency or a fire evacuation during the school drop and pick hours
would be. So, again, I mean, this is a policy-level document. This is not
necessarily an operational level document, and there are policies that
have been included in the health and safety element that talk about
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Community Hall: dynamic traffic assignments, or, like, doing those kinds
of more nuanced studies further down the road, but that's not a subject
of this general plan update. But could we recommend through today's
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Community Hall: Motion to update the evacuation study to
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Community Hall: analyze the school drop and pick scenarios? That is… that
study is complete at this point in time. That is a complete document.
Right. Okay.
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Community Hall: I will yield my time. There's more questions. Does anyone
have further questions? Vice Chair? Did you…
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Community Hall: Okay, then, no, I think we're… Commissioner Rao, if you
have further questions.
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Community Hall: Yes, I did have more questions.
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Community Hall: Trying to limit my questions here, so let's see what we
want to talk about.
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Community Hall: Were there any additional… Limitations around the…
341
00:47:20.800 --> 00:47:27.370
Community Hall: the, I know we've had a lot of issues around Delivery,
especially with these,
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Community Hall: truck-based deliveries now, and they're coming in later
and later in the night. Are there any considerations for setting hours of
deliveries so that I know Christmas time may be an exception, maybe some
other exceptions, but…
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Community Hall: it seems like we are getting further and further into the
night when delivery trucks are doing deliveries now. So was there any
consideration to setting
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Community Hall: Hours of operation limits for… Areas, especially
residentially, that That see these deliveries.
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00:47:57.370 --> 00:48:04.050
Community Hall: Like Luke mentioned, this element is really about natural
hazards and other,
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Community Hall: Things that might impact, city… the community, so no,
that was not part of this update.
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Community Hall: Yeah, I think specifically this was 10.7.3, HS10.7.3.
348
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Community Hall: So, it specifically addresses… Some aspect, but could it
be…
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Community Hall: Instead of saying… the language, I believe, says consider
whether… could we be stronger in the language to say pursue, instead of
consider whether?
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Community Hall: Or was that considered to be more…
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00:48:37.750 --> 00:48:40.260
Community Hall: consider is because I believe some…
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00:48:40.550 --> 00:48:43.890
Community Hall: Streets may be restrict… like, the city might have…
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Community Hall: there might be limitations on what the city might be able
to implement on some of these streets, so it would need study, so I… we
did not… again, this was not the subject of the update, so we wanted to
have some policy language in there that would allow the city to pursue
other options down the road, and further study.
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Community Hall: Okay, thank you.
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Community Hall: Okay, if we do not have any further questions, we will
move to any comments.
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00:49:18.380 --> 00:49:24.550
Community Hall: I mean, I… I can… I'm happy to… oh, Commissioner Fong?
Yep, I was… I was just gonna say, you know, it was,
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Community Hall: I think it was good to see the process that this went
through. In particular, you know, there were a number of areas which were
enhanced as a result of a comment along the way.
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Community Hall: you know, and I think that… I think it's good. There was,
you know, there was quite a bit of public outreach with having two
sessions at City Council to take input, so I, you know, commend the, you
know, the staff and the consultants on, on making that happen. I do think
one other area
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Community Hall: that I might mention is… I think it's… it's very common.
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Community Hall: For many of the projects that we consider, here in the
Planning Commission, many of them are coming with
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Community Hall: Exemptions.
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Community Hall: So,
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Community Hall: That's… of course, that's an interesting… it's an
interesting area, exemptions, when you look at things like capacity, you
know, evacuation capacity, for instance, and I think that one of the
natural questions that's raised, you know, by the community is, you know,
is this project, this specific project.
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Community Hall: By virtue of the fact that it's,
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Community Hall: that it's getting, exemptions, that, you know, that might
exceed the capacity that was considered here. I think that,
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Community Hall: I wouldn't actually look at this, I mean, of course.
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Community Hall: You know, you could look at it in an obstructionist way
to say, well, you know, we shouldn't have…
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Community Hall: we shouldn't allow a particular project or an exemption,
because that would exceed this. But I do think there would be a value in
mentioning how those things interplay as part of the document here. Maybe
from the other side, just so that
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Community Hall: there's a clearer level set for people when they pick up
the document to understand what does it… what does it really mean, you
know, that exemptions are a part of the… of how these things are
selected, that these become, you know, they're still in play for
something like a fire review or, you know, these different things. And to
reflect that a little bit, I think.
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Community Hall: Would be good in trying to make it clearer as to what
kinds of things, you know, that the, that this kind of document
371
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Community Hall: Took those things in consideration in the scope of the
policies that it lays out.
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Community Hall: I think that that would be a great thing. Now, I'll
balance that by saying that, you know, for a document like this, there
are many regulations about what it can and can't say, and I think that
there's, you know, obviously there's been a huge effort here to make sure
to be conforming with best practice there. So, if there's not a place to
talk about what does it mean if
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Community Hall: You know, if a project is approved that's taller or
denser.
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Community Hall: That's probably okay, too. I mean, that's just… that's
the way it is.
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00:52:06.550 --> 00:52:15.580
Community Hall: But, I would just say as a consideration, that's
something to consider if there's an opportunity to mention those things,
because I think just being clear about that…
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Community Hall: Is better, better for all parties.
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Community Hall: With that, that is my comment.
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Community Hall: Any other comments?
379
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Community Hall: Yeah, I'll go ahead and agree with that. I certainly hope
that the health and safety element development parameters do not get
waived easily.
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Community Hall: My comments are similar in the sense that I do think that
a lot of progress has been made on this, and so thank you to staff, and
thank you to PlaceWorks for taking a lot of the feedback that we
originally provided. I know that I tracked some of
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Community Hall: the changes that I had recommended, so thank you for
adding the community rating system around flood risk. Thank you for
adding emergency management as a fifth point on page 50. I'm also glad
you are accounting for population growth. This isn't something that we
mentioned, but it is a concern. How do we adjust our infrastructure and
emergency management as the city population grows?
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Community Hall: And I hope that that gets taken up as a priority.
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Community Hall: On the freeway noise, I do think that's a very
interesting, point to make, and the VTA has already undergone sound
mitigation tests for Highway 85, so, I do think that that one, we can
definitely continue to partner with our agency partners on that.
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Community Hall: On the Section 2.11.3, absolutely yes to the addition of
the managed traffic control. So this was not something that I saw before,
and in this latest revision on evacuation, they added a lot more around
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Community Hall: you know, turn restrictions, signal timing adjustments,
lane conversions, in the event of evacuation. I actually think this is a…
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Community Hall: just as important, if not more important than the route
itself, is how we manage the traffic exiting from, the homes. That is how
you… if we can manage that appropriately, that's how we would, you know,
hopefully avert the Palisades-type situation. And, you know, my only
feedback would really just be, I think, the…
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Community Hall: brief point that we made around maybe… maybe there's a
need to incorporate risks of trees falling into the urban management…
urban forest management plan. But, yeah, I think otherwise, I think this
is looking good.
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Community Hall: Any other comments?
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Community Hall: Commissioner Rao? Yeah, I'd like to make a set of
390
00:54:33.410 --> 00:54:38.439
Community Hall: Small motions that will make recommendations for
amendments to the draft.
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Community Hall: If that's okay.
392
00:54:43.070 --> 00:54:43.750
Community Hall: Yes?
393
00:54:44.050 --> 00:54:44.820
Community Hall: Okay.
394
00:54:45.330 --> 00:54:48.469
Community Hall: So, the first one that I would like to…
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Community Hall: move is the earlier comment I made, which is on the
evacuation constraint corridors.
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Community Hall: I'd like to move on HS2.11.7, the evacuation constraint
corridors.
397
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Community Hall: to include text.
398
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Community Hall: That says, prioritize… The evacuation route capacity
assessment for any
399
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Community Hall: Roadway changes on these evacuation-constrained
corridors.
400
00:55:19.950 --> 00:55:23.379
Community Hall: Once again, if… If I may repeat that.
401
00:55:24.190 --> 00:55:27.799
Community Hall: Prioritize the evacuation route capacity assessment.
402
00:55:28.360 --> 00:55:37.349
Community Hall: For any roadway changes to… Our evacuation-constrained
corridors, without explicitly naming any particular roadways.
403
00:55:37.780 --> 00:55:39.040
Community Hall: Do I have a second?
404
00:55:40.290 --> 00:55:48.069
Community Hall: I'm sorry, which page are you on now? I'm on HS2.11.7,
Evacuation Constraint Corridors. This is the fire evacuation study that
405
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Community Hall: that found certain routes, like Stevens Creek, Foothill,
McLuhan, We're evacuation constrained.
406
00:55:56.130 --> 00:55:59.420
Community Hall: Oh, okay. So, so this is an amendment to say.
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407
00:56:00.020 --> 00:56:06.149
Community Hall: Perform or prioritize an evacuation road capacity
assessment prior to making any roadway changes.
408
00:56:06.730 --> 00:56:09.690
Community Hall: That… For the limit roadway capacity.
409
00:56:10.110 --> 00:56:11.090
Community Hall: Indy.
410
00:56:11.980 --> 00:56:15.360
Community Hall: Corridors identified as evacuation constrained.
411
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Community Hall: Do I have a second? In… in which, policy number were you
looking at that change? I believe that's 2.11.7, Vacation Constraint
Corridors.
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Community Hall: Do you wanna… Mine ends at 211-515 as prioritization.
Right. Can you project it, please?
413
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Community Hall: Video, can you project the staff monitor, please? I only
see mine going up to 5.
414
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Community Hall: Yeah, so… evacuation of Ernest.
415
00:56:51.690 --> 00:56:52.890
Community Hall: Can we scroll down?
416
00:56:56.970 --> 00:57:01.150
Community Hall: Yeah, so without getting specific here, how can we add a…
417
00:57:01.760 --> 00:57:05.650
Community Hall: Recommendation to basically look at prioritizing
418
00:57:05.900 --> 00:57:09.210
Community Hall: Capacity analysis prior to any roadway changes.
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Community Hall: I don't want to get too… Can I ask a clarification
question? I mean, isn't that gonna happen anyway?
420
00:57:17.670 --> 00:57:28.830
Community Hall: That's what we were imagining, that, you know, when you
identify… when we've identified the evacuation constraint routes, that
any changes that would occur in those segments
421
00:57:29.190 --> 00:57:32.890
Community Hall: Would have to go through that analysis anyway.
422
00:57:34.780 --> 00:57:37.960
Community Hall: Yeah, so I would like to make this motion to…
423
00:57:38.410 --> 00:57:44.210
Community Hall: include a policy in… and I'll keep it high level, to
include a policy in 2.11.
424
00:57:44.830 --> 00:57:50.049
Community Hall: So… Prioritize an evacuation capacity analysis.
425
00:57:50.260 --> 00:57:54.129
Community Hall: When any roadway changes are proposed for corridors.
426
00:57:54.880 --> 00:57:58.740
Community Hall: That have an evacuation…
427
00:57:59.970 --> 00:58:05.159
Community Hall: What is the term? That have an evacuation capacity
constraint currently identified.
428
00:58:06.060 --> 00:58:13.190
Community Hall: Would something like maybe a reference… To the evacuation
study, where…
429
00:58:14.130 --> 00:58:24.619
Community Hall: your prioritization would be based on the corridors that
have the most constrained vehicle-to-capacity ratio, I think is where
you're going, so to…
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00:58:25.550 --> 00:58:29.930
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Community Hall: I think to maybe have something to say consistent with
the evacuation study.
431
00:58:30.240 --> 00:58:40.200
Community Hall: and reference, say, dated October 2025, since that's
already part of this element by incorporation.
432
00:58:40.390 --> 00:58:42.690
Community Hall: I think that would refer people back
433
00:58:43.250 --> 00:58:47.730
Community Hall: to be able to identify which of the corridors were most
constrained.
434
00:58:49.460 --> 00:58:50.939
Community Hall: That's fine with me.
435
00:58:52.110 --> 00:58:58.229
Community Hall: Did staff want to offer up a motion? Well, can I ask a
clarification here?
436
00:58:59.030 --> 00:59:14.919
Community Hall: So, it… I mean, that's kind of like saying, you know,
take the rest of this document into account when you're doing this
implementation. That kind of applies to every single piece of this
document, is to say, consider every other piece of this document, so I'm
not really sure
437
00:59:14.920 --> 00:59:27.010
Community Hall: what this adds to… to our understanding, or how it
changes anything, in terms of how this would be implemented. Question to
the City Attorney. May we make the motion and see if we have a second
before we take discussion comments?
438
00:59:29.750 --> 00:59:31.190
Community Hall: Yes, thank you.
439
00:59:31.850 --> 00:59:41.030
Community Hall: Can you repeat exactly what you want to add? So, the
motion was to prioritize a evacuation capacity analysis.
440
00:59:41.810 --> 00:59:50.270
Community Hall: For any roadway changes proposed that reduce capacity of
currently evacuation-constrained corridors.
Youtube and Zoom Transcript
https://youtu.be/pMe0EDdcVqY?si=l1bP7-40ty7U3bsI
441
00:59:51.510 --> 00:59:54.039
Community Hall: And Luke had an amendment to that.
442
00:59:54.390 --> 00:59:57.850
Community Hall: I'm open to his amendment, if I can see some suggested
text.
443
00:59:58.730 --> 00:59:59.400
Community Hall: I…
444
00:59:59.400 --> 01:00:22.550
Community Hall: So I'm willing to second it, but I would be curious if we
feel that the existing language already kind of covers this. So HS2.11
says, ensure that evacuation routes into and out of the city have
adequate capacity, safety, and viability in the event of an emergency,
and I generally think that's what we're talking about. Yeah, so this is
different in that when there are roadway changes proposed.
445
01:00:23.160 --> 01:00:27.320
Community Hall: in these corridors, the proposal here is to require
446
01:00:27.840 --> 01:00:40.240
Community Hall: a capacity analysis prior to making those roadway
changes. So, if I… if I could just comment, I think that the problem is
that if you do that, if you had that specific wording, then that implies
that there would be ones that would not be subject.
447
01:00:40.350 --> 01:00:46.810
Community Hall: And that's something that… there are no exclusions right
now in the current document as it's presented, so it's actually better
that way.
448
01:00:47.500 --> 01:01:01.220
Community Hall: you know, it's up to the… it's up to the City Council,
or, you know, the staff can make a recommendation as to what… what is the
threshold. It's up to the City Council to enforce that, but they would do
that in the municipal code rather than in this… in this policy document.
449
01:01:02.110 --> 01:01:08.260
Community Hall: So we might actually broaden the language. That's a good
point. Thank you, Commissioner Fung. So we might further broaden the
language, then, to say.
450
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01:01:09.790 --> 01:01:15.189
Community Hall: Consider prioritizing evacuation capacity analysis.
451
01:01:15.980 --> 01:01:21.690
Community Hall: on any changes made to Cupertino roadways that impact the
capacity of the roadways.
452
01:01:22.330 --> 01:01:26.839
Community Hall: without… Without limiting it to the corridors, to your
point.
453
01:01:29.660 --> 01:01:47.680
Community Hall: Yeah, I would support that. I think the part that I was
getting held up over was the idea of having to perform an additional
analysis, which I don't know that we can mandate, but I think if what
you're saying is consistent with what Luke was saying, is just the idea
that they're taking into account the evacuation study.
454
01:01:48.190 --> 01:01:50.880
Community Hall: Yeah, it's not a mandate, but it's a recommendation.
455
01:01:51.530 --> 01:01:55.579
Community Hall: So, is your concern mainly lane removals on roads?
456
01:01:55.710 --> 01:02:01.529
Community Hall: It could be any form of impact that reduces the…
457
01:02:02.020 --> 01:02:11.730
Community Hall: capacity of the corridors. I was going to suggest
evacuation-constrained corridors, but Commissioner Fung believes that may
actually
458
01:02:12.090 --> 01:02:19.300
Community Hall: Loosen policy on the remaining roads, and therefore, we
may suggest this for any corridor changes. Okay.
459
01:02:19.880 --> 01:02:21.589
Community Hall: But we were only losing that.
460
01:02:22.200 --> 01:02:29.269
Community Hall: the discretion because we were making a detail. So, I
would just say that it's better to not… not make a modification here.
461
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01:02:29.420 --> 01:02:32.939
Community Hall: I mean, the, the, the policy that, that,
462
01:02:33.210 --> 01:02:36.960
Community Hall: that the assistant director recommended, that would have
been what we would have done.
463
01:02:37.600 --> 01:02:40.650
Community Hall: Had we not amended the document.
464
01:02:41.760 --> 01:02:48.399
Community Hall: Yeah, I think there's significant concern around fire
evacuation, and I think that we need to raise the bar on this, so I'm
gonna…
465
01:02:49.210 --> 01:02:53.680
Community Hall: Make the motion to… consider
466
01:02:54.550 --> 01:03:00.310
Community Hall: Did staff have something written up? I don't know if
staff wants to project if you have something written up.
467
01:03:03.830 --> 01:03:21.630
Community Hall: I have something written out, but, it's your words, which
are prioritize the evacuation capacity analysis for any roadway changes
on evacuation-constrained corridors as identified in the October 2025
evacuation. Could you share screen, please? Thank you for writing it up.
468
01:04:07.260 --> 01:04:25.990
Community Hall: Yeah, so, I… again, I think this is not too dissimilar
from the insure evacuation routes into and out of the city, out of
capacity. That said, I'm happy to second it. I think it's… So, I think
the one change I would make here in the language for… it's saying for any
roadway changes, I would say for any roadway changes that
469
01:04:26.460 --> 01:04:28.140
Community Hall: That reduce capacity.
470
01:04:30.590 --> 01:04:39.120
Community Hall: So, if I can comment, I think this is already addressed
in HS2.11.1, where it says,
471
01:04:39.230 --> 01:04:40.590
Community Hall: And I quote…
Youtube and Zoom Transcript
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472
01:04:40.880 --> 01:04:56.659
Community Hall: Continue to coordinate with emergency responders, the
county, and Caltrans to ensure evacuation routes are designed and
maintained to remain accessible during emergency evacuations, and to
ensure that changes to roadways continue to maintain adequate emergency
ingress and egress.
473
01:04:56.660 --> 01:05:03.600
Community Hall: I mean, that's… that's even broader than what you're
suggesting, so it doesn't… I… I don't think this,
474
01:05:03.680 --> 01:05:10.610
Community Hall: serves any purpose whatsoever. Sorry, could we get a
motion and a second on the table first, before we discuss?
475
01:05:11.590 --> 01:05:16.629
Community Hall: Do we have a second? I already sent you. I think we did.
Okay, so we have a motion and a second.
476
01:05:17.130 --> 01:05:23.110
Community Hall: And if we want to share that policy that you're referring
to, Or…
477
01:05:23.350 --> 01:05:33.300
Community Hall: What was the policy again? Video, can you share my
screen? And I will just, if I may, Chair, just to clarify, this policy,
211.1 was actually
478
01:05:33.320 --> 01:05:48.620
Community Hall: edited and added, I believe, as a result of the comments
that we received. Specifically, a little bit to touch upon what
Commissioner Rao is talking about, about, roadway changes, and so that
was added in at,
479
01:05:48.620 --> 01:05:53.780
Community Hall: after the first City Council study session to address
those issues.
480
01:05:56.720 --> 01:05:59.070
Community Hall: Yeah, so the language here says.
481
01:05:59.440 --> 01:06:04.609
Youtube and Zoom Transcript
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Community Hall: Ensure changes to roadways continue to maintain adequate
Emergency and GLSEN egress.
482
01:06:05.060 --> 01:06:12.150
Community Hall: The suggested change is to do a capacity analysis to
understand the effects of proposed changes.
483
01:06:12.310 --> 01:06:16.749
Community Hall: Well, I think we have a motion in a second, so maybe,
City Clerk, can we just take a vote on this one?
484
01:06:29.780 --> 01:06:30.650
Community Hall: I don't know.
485
01:06:30.870 --> 01:06:34.949
Community Hall: Sure. Are we seeing the vote?
486
01:06:35.960 --> 01:06:37.570
Community Hall: I guess we can't see the wood.
487
01:06:39.570 --> 01:06:44.230
Community Hall: The motion carries with Commissioner Fung and
Commissioner Linskog voting no.
488
01:06:45.210 --> 01:06:46.099
Community Hall: Thank you.
489
01:06:46.210 --> 01:06:49.910
Community Hall: Alright, Commissioner Rao, did you have further motions
you wanted to make?
490
01:06:50.260 --> 01:06:58.910
Community Hall: Did anyone else have any suggested changes? I know. I do.
Yeah, I would like to add…
491
01:06:59.080 --> 01:07:06.820
Community Hall: on page… Let's see, it doesn't have a reference number,
but it's page 6 of the draft resolution.
492
01:07:08.780 --> 01:07:18.480
Community Hall: Two more bullets, the Santa Clara County Sheriff's
Office's primary responsibility is the safety and security of the
Cupertino community, which funds its operation.
Youtube and Zoom Transcript
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493
01:07:19.070 --> 01:07:32.659
Community Hall: And another bullet, the Santa Clara County Sheriff's
Office Deputy Serving Cupertino shall not deploy to other Santa Clara
County cities without a direct request from other jurisdictions or the
Santa Clara County Sheriff
494
01:07:32.840 --> 01:07:35.670
Community Hall: Except in the case of an actual emergency.
495
01:07:38.110 --> 01:07:38.950
Community Hall: Is that…
496
01:07:40.210 --> 01:07:52.400
Community Hall: Sorry, is that something that we can mandate, though, in
the health and safety element? I would, you know, I understand the
intent, and I support it, I'm just not sure. Okay. I would second the
motion. Well…
497
01:07:52.760 --> 01:07:57.110
Community Hall: Yeah, we're not sure. The city attorney was not sure
either.
498
01:07:57.310 --> 01:07:59.230
Community Hall: If we put it in, and it…
499
01:07:59.340 --> 01:08:08.419
Community Hall: has to be taken out, so be it. Yeah, these are
recommendations. I would not call the bar too high. This is going to
Council. Council can choose to reject it if they so choose. I would
second the motion.
500
01:08:12.780 --> 01:08:16.299
Community Hall: Any further discussion? And… and I just wanted to re…
501
01:08:17.600 --> 01:08:22.519
Community Hall: Repeat the reason for this was the unfortunate incident
earlier this month.
502
01:08:22.700 --> 01:08:24.850
Community Hall: Which I hope will not be repeated.
503
01:08:24.960 --> 01:08:30.900
Youtube and Zoom Transcript
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Community Hall: Where The sheriff went to another city for a non-
emergency, a fake 911 call.
504
01:08:31.180 --> 01:08:33.180
Community Hall: And in the middle of the night.
505
01:08:33.479 --> 01:08:37.200
Community Hall: And this… this is totally uncalled for, and…
506
01:08:37.359 --> 01:08:44.799
Community Hall: We just had to pay all this extra money for the new
sheriff's contract, so we should be setting some parameters.
507
01:08:45.470 --> 01:09:01.259
Community Hall: Okay, so if I can just comment on this, I don't think any
of us know whether it was a real or fake call, because none of us were
involved in… it was neat… none of our homes, none of us made the phone
call, none of us were involved in any way, so I would keep those
judgments.
508
01:09:01.330 --> 01:09:02.180
Community Hall: you know…
509
01:09:02.229 --> 01:09:17.980
Community Hall: circumspect, and the Santa Clara County is their share…
their jurisdiction is the entire county, and we don't know the
circumstances of that call and what happened there, so, I would
respectfully ask you to
510
01:09:17.979 --> 01:09:30.629
Community Hall: you know, be careful what you say. So, I would just state
that we do know the exact circumstances. Thank you. So, keeping this to
the topic of the proposed motion, we have a motion and a second. Can we…
511
01:09:31.010 --> 01:09:34.300
Community Hall: Does the chair have any clarifying questions, or do we
vote?
512
01:09:36.510 --> 01:09:45.690
Community Hall: Well, I'm just wondering if there's a way that we can
make it a little bit less specific. I think the concern is around, how…
how sheriff
513
01:09:46.080 --> 01:09:52.770
Youtube and Zoom Transcript
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Community Hall: time is used, and, you know, would you be open to
something a little bit broader? Just, you know, generally,
514
01:09:53.560 --> 01:09:55.030
Community Hall: clarifying…
515
01:09:55.700 --> 01:10:13.769
Community Hall: how, sheriff is dispatched to different cities? Can you…
do you mind reading your motion again, please? Okay, so the first one
was… it was two bullets. I don't think the first one's controversial. The
Santa Clara County Sheriff's Office's primary responsibility is the
safety and security.
516
01:10:13.930 --> 01:10:20.349
Community Hall: of the Cupertino community, which funds its operation.
And just to point out, this is separate.
517
01:10:20.730 --> 01:10:40.159
Community Hall: from the overall sheriff, which can go anywhere in the
county, which we all fund. And then the second is the Santa Clara County
Sheriff's Office deputies serving Cupertino shall not deploy to other
Santa Clara County cities without a direct request from the other
jurisdictions, or the Santa Clara County Sheriff.
518
01:10:40.270 --> 01:10:43.009
Community Hall: Except in the case of an actual emergency.
519
01:10:45.880 --> 01:10:50.730
Community Hall: If you want to modify that, you know.
520
01:10:51.250 --> 01:10:52.060
Community Hall: Fine.
521
01:10:52.550 --> 01:10:55.550
Community Hall: I don't think the first bullet is controversial.
522
01:10:57.120 --> 01:11:02.310
Community Hall: Yeah, I think I'm… I'm open to accepting the…
523
01:11:02.560 --> 01:11:06.679
Community Hall: First, if we can vote on the first and the second
separately.
524
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01:11:06.890 --> 01:11:09.190
Community Hall: Sorry, what was the… I'm losing this now.
525
01:11:09.460 --> 01:11:11.089
Community Hall: What was the first and second?
526
01:11:12.230 --> 01:11:20.040
Community Hall: Okay, the first one… is… And I guess we should change
this a little bit. The… Santa…
527
01:11:20.390 --> 01:11:23.889
Community Hall: Clara County Sheriff's Office in Cupertino.
528
01:11:25.380 --> 01:11:34.750
Community Hall: Primary responsibility, Is the safety… and security of
the Cupertino community, which funds its operation.
529
01:11:37.020 --> 01:11:45.829
Community Hall: Yes, I'd like… I would prefer to separate the first and
the second. Oh, do you have anything that you want to put for the second,
or you want to just eliminate it entirely?
530
01:11:46.070 --> 01:11:56.429
Community Hall: Well, I have some hesitations. I'm just not… I think we
need to better understand how dispatch works, but if a call originates
from one city, then, you know, it may…
531
01:11:56.960 --> 01:12:09.599
Community Hall: makes sense that it is that city that goes to address it.
So I just… I don't know that I understand this well enough to… so through
the chair, I think this is a policy recommendation.
532
01:12:09.870 --> 01:12:15.249
Community Hall: I think we probably don't want to get into execution and
operations on the policy. The question is.
533
01:12:15.410 --> 01:12:24.600
Community Hall: Can we vote on the motion? Do we have clarifying
questions on the motion? Yes. Because either way, we should take the
vote. My preference would be… I would just comment it…
534
01:12:24.770 --> 01:12:30.829
Community Hall: If this is not an operational comment. I can't believe…
then there isn't such a thing. This isn't policy.
Youtube and Zoom Transcript
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535
01:12:32.220 --> 01:12:35.249
Community Hall: I would prefer to vote on the first separately, please.
536
01:12:35.720 --> 01:12:38.370
Community Hall: Can we get a second for the modified motion?
537
01:12:39.650 --> 01:12:44.870
Community Hall: Sorry, was the… was the originator of the motion
accepting the amendment?
538
01:12:46.430 --> 01:12:49.870
Community Hall: I'm willing to vote on the first one separately.
539
01:12:51.240 --> 01:13:01.639
Community Hall: So, to clarify, the first one is just a definition of
what the Santa Clara County is… Right, right. The first one is the Santa
Clara County Sheriff's Office in Cupertino's primary responsibility
540
01:13:01.970 --> 01:13:07.689
Community Hall: is the safety and security of the Cupertino community,
which funds its operation.
541
01:13:08.580 --> 01:13:11.869
Community Hall: Well… Do we even need to vote on that? I mean…
542
01:13:12.680 --> 01:13:26.880
Community Hall: I don't know what we're voting on. Well, apparently,
someone believes it's not their primary responsibility, and that's why we
had this situation. Yeah, no, I… It's just clarifying. I get the second
part, but the first part is sort of… it's not a vote-worthy
543
01:13:27.100 --> 01:13:28.979
Community Hall: Let's just combine the two and vote on it.
544
01:13:31.540 --> 01:13:46.749
Community Hall: I mean, the first part isn't really a motion, right?
It's… it's just stating the obvious. He's asking for… Right, it is
stating the obvious, but I think it has to be stated. It is not
explicitly stated in the health and safety element at the moment. Okay,
right. All right, let's vote. Okay, so vote on the first one.
545
01:13:47.120 --> 01:13:48.130
Youtube and Zoom Transcript
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Community Hall: The first bullet.
546
01:13:48.570 --> 01:13:53.880
Community Hall: So we're voting on the original motion, or just the first
bullet? The first… the new motion…
547
01:13:53.980 --> 01:14:13.629
Community Hall: is just the first bullet. Can I get a second for the
motion? So, just to be clear, I think Commissioner Scharf made a motion
to have two parts, and there was a friendly amendment to remove the
second one and just maintain the first one. Correct. And I think
Commissioner Scharf was okay with that, and now is the seconder okay with
that?
548
01:14:13.790 --> 01:14:22.780
Community Hall: Oh. Yeah, go… yeah, it's fine, and then we can move on to
the second one. Yeah, we're not removing the second, we're just voting
one. Right.
549
01:14:28.960 --> 01:14:31.080
Community Hall: And who was the seconder for the motion?
550
01:14:31.290 --> 01:14:33.310
Community Hall: It was, Commissioner Rao. Oh.
551
01:14:34.200 --> 01:14:34.870
Community Hall: Wow.
552
01:14:36.420 --> 01:14:38.959
Community Hall: Come on, baby.
553
01:14:40.070 --> 01:14:42.900
Community Hall: The motion carries, with Commissioner Fung voting no.
554
01:14:43.900 --> 01:14:47.229
Community Hall: Okay, so now moving on to the next bullet.
555
01:14:47.550 --> 01:14:56.020
Community Hall: How can we… Do something to prevent… say something that
will prevent
556
01:14:56.110 --> 01:15:10.110
Youtube and Zoom Transcript
https://youtu.be/pMe0EDdcVqY?si=l1bP7-40ty7U3bsI
Community Hall: the kind of incident that happened. So, so, just staying
on the policy language, I believe you had language, could you read it
again? I did. The Santa Clara County Sheriff's Office deputies serving
Cupertino shall not deploy to other Santa Clara County cities
557
01:15:10.180 --> 01:15:18.720
Community Hall: without a direct request from other jurisdictions or the
Santa Clara County Sheriff, except in the case of an actual emergency.
558
01:15:19.140 --> 01:15:20.550
Community Hall: Okay, second.
559
01:15:21.240 --> 01:15:23.300
Community Hall: Okay, let's just vote on it, then.
560
01:15:35.400 --> 01:15:42.890
Community Hall: The motion fails, with Chair Casolcheron abstaining, and
Fung… Commissioner Fung, and Commissioner Linskog voting no.
561
01:15:44.880 --> 01:15:47.050
Community Hall: Alright, do we have any other motions?
562
01:15:47.990 --> 01:15:50.989
Community Hall: Yes. Is there anyone else that had…
563
01:15:51.340 --> 01:15:54.099
Community Hall: I can yield my time if there's someone else.
564
01:15:54.410 --> 01:15:56.040
Community Hall: Anyone else have changes?
565
01:15:56.640 --> 01:16:06.929
Community Hall: Yes, my, I would like to make a motion that we
incorporate, risk of trees falling into the urban
566
01:16:07.430 --> 01:16:14.179
Community Hall: Forest Management section, which is, HS8.4.1. Is there a
second?
567
01:16:15.280 --> 01:16:18.800
Community Hall: Sorry, what's the section? Hsgate.4.1.
568
Youtube and Zoom Transcript
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01:16:19.770 --> 01:16:25.700
Community Hall: What is the… HS4.1, hold on. Sorry, 8.4.1.
569
01:16:26.090 --> 01:16:28.230
Community Hall: a.m.com.
570
01:16:31.470 --> 01:16:36.639
Community Hall: Is it H.4.1? HS-8.4.1.
571
01:16:37.490 --> 01:16:41.580
Community Hall: Urban Forest Management Plan. So, could you restate the
motion again?
572
01:16:41.680 --> 01:16:46.510
Community Hall: Just to incorporate, addressing…
573
01:16:47.330 --> 01:16:49.919
Community Hall: Trees that are at risk of falling.
574
01:16:54.830 --> 01:17:00.169
Community Hall: So, clarifying the safety word, you mean? Because it says
attention to safety?
575
01:17:00.350 --> 01:17:06.300
Community Hall: I guess, yeah, tree maintenance is included here, right?
Tree maintenance? It is. I'm not sure what attention to safety means.
576
01:17:06.510 --> 01:17:16.120
Community Hall: It is that. It is that. Essentially ensuring that the
trees are healthy and safe and not going to tip over. Okay, then I think
that's fine, I'll withdraw my motion.
577
01:17:17.590 --> 01:17:19.079
Community Hall: Do we have any other motions?
578
01:17:19.580 --> 01:17:23.300
Community Hall: Yes, I did have several. Anyone else?
579
01:17:24.860 --> 01:17:26.410
Community Hall: No one else, just me.
580
01:17:26.770 --> 01:17:28.120
Youtube and Zoom Transcript
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Community Hall: I could stay here all night.
581
01:17:30.230 --> 01:17:36.689
Community Hall: But, did we need to take a break? How about I make a
motion that we approve the staff recommended motion?
582
01:17:37.830 --> 01:17:38.860
Community Hall: I'll second that.
583
01:17:39.330 --> 01:17:43.589
Community Hall: Sorry, just to clarify, if there are additional motions
that
584
01:17:44.260 --> 01:17:53.689
Community Hall: want to be made after this? Does approving… I think there
was… we made a motion. You should vote on it. Yeah, we made a motion. We
have a second. Let's vote.
585
01:17:55.630 --> 01:17:59.309
Community Hall: Sorry, I'm trying to understand. So, we are still working
through the discussions.
586
01:17:59.740 --> 01:18:03.859
Community Hall: But there's a motion to approve the staff recommendation.
587
01:18:04.100 --> 01:18:07.780
Community Hall: Are we allowed to work through the discussion? Is this a
call the question, or…
588
01:18:09.410 --> 01:18:12.240
Community Hall: Right, if it gets passed, then it's done.
589
01:18:12.640 --> 01:18:23.039
Community Hall: You can't make more changes. I'm trying to understand,
are we… are we trying to cut short discussions? If so, should it be a
quality question? Apparently. Yeah, there… there's… If we… if we… if you
made another motion?
590
01:18:23.460 --> 01:18:32.349
Community Hall: would we… can we discuss it or not discuss it? I don't
think we have a choice. A motion has been made. Okay, let's work that.
No, but I'd like to understand, so…
591
Youtube and Zoom Transcript
https://youtu.be/pMe0EDdcVqY?si=l1bP7-40ty7U3bsI
01:18:33.860 --> 01:18:43.190
Community Hall: If we do not accept this, then does it end up rejecting
the entire health and safety element? We would continue the discussion.
592
01:18:43.340 --> 01:18:44.360
Community Hall: Right? Okay.
593
01:18:45.890 --> 01:19:04.690
Community Hall: This is a little bit unusual. I think what I'm hearing,
though, is a motion to end debate. If that passes by a 4 to 5 vote, then
the next motion would be to move the staff recommendation, because
there's no more discussion. The only thing pending is the staff
recommendation. Okay.
594
01:19:05.920 --> 01:19:06.770
Community Hall: Okay.
595
01:19:07.010 --> 01:19:12.340
Community Hall: So I… so, to Commissioner Linskog, do you want to convert
your motion to end debate?
596
01:19:14.330 --> 01:19:29.030
Community Hall: So, I can't make a motion to just vote on the staff
recommended action? Yeah, I don't… I don't think so. I think it's, it's
if… to do that, you're effectively asking to end debate because your
fellow commissioners want to continue to
597
01:19:30.190 --> 01:19:31.670
Community Hall: Discuss and debate.
598
01:19:33.220 --> 01:19:37.420
Community Hall: Sure, okay. I'll… I'll make a motion to end debate.
599
01:19:38.380 --> 01:19:42.090
Community Hall: Clarifying question to the city attorney, is that the
same as call the question?
600
01:19:42.760 --> 01:19:52.100
Community Hall: It's a little bit different, because there's no question
to call. If there was a motion, and there was debate on the motion, then
someone can call the question.
601
01:19:52.340 --> 01:19:54.150
Community Hall: Okay, thank you for clarifying.
Youtube and Zoom Transcript
https://youtu.be/pMe0EDdcVqY?si=l1bP7-40ty7U3bsI
602
01:19:55.880 --> 01:19:59.819
Community Hall: There's been a motion and a second. Let's vote. Okay,
yes, we are voting.
603
01:20:09.250 --> 01:20:13.249
Community Hall: The motion fails, with Commissioner Fung and Commissioner
Linskogg voting yes.
604
01:20:13.770 --> 01:20:16.520
Community Hall: Okay, then we will proceed with, Commissioner Rao.
605
01:20:18.120 --> 01:20:21.669
Community Hall: Okay, did anyone else have motions? Am I the only one?
Yes. Okay.
606
01:20:22.760 --> 01:20:28.800
Community Hall: Okay, so I want to go back to the… The…
607
01:20:29.740 --> 01:20:32.360
Community Hall: Noise study that we talked about earlier.
608
01:20:32.830 --> 01:20:39.540
Community Hall: If we can… Make a motion to… Require.
609
01:20:40.200 --> 01:20:41.930
Community Hall: an impact analysis.
610
01:20:42.360 --> 01:20:50.360
Community Hall: On change of views on existing or new public or private
facilities.
611
01:20:51.750 --> 01:20:54.229
Community Hall: I think we have a… I'll second that.
612
01:20:54.610 --> 01:21:00.200
Community Hall: Let's, I want to make sure we get the… The language right
here.
613
01:21:01.170 --> 01:21:05.729
Community Hall: So, before you vote on that, Chair, I'm hearing there's a
motion on the floor.
Youtube and Zoom Transcript
https://youtu.be/pMe0EDdcVqY?si=l1bP7-40ty7U3bsI
614
01:21:06.790 --> 01:21:12.210
Community Hall: To Commissioner Linska, this may be an appropriate time
to make a substitute motion.
615
01:21:14.170 --> 01:21:22.169
Community Hall: Sorry, we're still trying to understand the motion, so if
you may have a minute to… I apologize, I thought you made a motion, and I
thought someone seconded it.
616
01:21:22.620 --> 01:21:25.859
Community Hall: Yeah, I'm trying to… what section was that? Right.
617
01:21:26.110 --> 01:21:26.850
Community Hall: So…
618
01:21:30.000 --> 01:21:32.120
Community Hall: There either was or was not a motion.
619
01:21:32.930 --> 01:21:47.100
Community Hall: But it sounds like there was a motion and a second. I
mean, I'm happy to make a substitute, but I don't know that the vote will
be any different. Well, then I… I gave you the opportunity, just that
earlier, I… I understand. I understand. Yeah. Then you don't want it,
that's fine. Thank you.
620
01:21:48.850 --> 01:21:58.750
Community Hall: Okay. Okay. So… Once again, just to clarify, the motion
was to… Recommend analysis.
621
01:21:59.290 --> 01:22:08.100
Community Hall: On any change of use of existing or new public… or
private facilities.
622
01:22:08.980 --> 01:22:13.309
Community Hall: That may… Involve noise-generating activities.
623
01:22:13.850 --> 01:22:24.649
Community Hall: Okay, City Clerk, may we please have the vote? So, just
to clarify before we do the vote, this is where the staff told us we did
not need to do this, because this is already covered, correct?
624
01:22:26.800 --> 01:22:28.340
Youtube and Zoom Transcript
https://youtu.be/pMe0EDdcVqY?si=l1bP7-40ty7U3bsI
Community Hall: Correct. Thank you.
625
01:22:29.540 --> 01:22:34.660
Community Hall: Could you clarify? Okay, so this was the… the mitigation
steps…
626
01:22:34.800 --> 01:22:37.799
Community Hall: Would be preceded by impact analysis, was that right?
627
01:22:38.040 --> 01:22:41.380
Community Hall: Yes, but if you wish to make that clearer, that's fine.
628
01:22:43.470 --> 01:22:45.669
Community Hall: So I'm just trying to understand. So we…
629
01:22:46.090 --> 01:22:48.709
Community Hall: Would not have a scenario of…
630
01:22:49.320 --> 01:22:53.449
Community Hall: Mitigation steps being discretionary based on staff
input.
631
01:22:53.930 --> 01:22:57.270
Community Hall: Would it always be preceded by an impact analysis?
632
01:22:59.080 --> 01:22:59.980
Community Hall: Correct.
633
01:23:00.290 --> 01:23:19.790
Community Hall: You would need an analysis in order to come up with
mitigations, otherwise, where would they be coming from? Okay, if it
pleases the Commission, we could add the words noise analysis into this
policy, rather than in some form, rather than coming up with a new
policy.
634
01:23:22.280 --> 01:23:27.359
Community Hall: Yeah, so I want to go back then to the language here for…
I think it's HS10.8.
635
01:23:27.830 --> 01:23:41.870
Community Hall: As it reads right now, it says, prior to approving noise-
generating uses, including public or private, within or adjacent
Youtube and Zoom Transcript
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established residential areas, ensure the proposed noise-generating use
includes adequate noise mitigation measures.
636
01:23:42.300 --> 01:23:47.189
Community Hall: With, upon a noise impact analysis?
637
01:23:47.940 --> 01:23:54.740
Community Hall: Maybe add those words there? Maybe you could just say,
proposed noise-generating uses
638
01:23:55.620 --> 01:24:04.850
Community Hall: based on an impact analysis that includes noise
mitigation measures. I think what you're trying to say is that the
mitigation measures came out of an analysis. Right.
639
01:24:06.680 --> 01:24:08.999
Community Hall: May I ask a hypothetical here?
640
01:24:09.610 --> 01:24:20.099
Community Hall: if I, say, lived across from a pickleball court, and I
was concerned that a change… that there was a change in policy, and we
added this wording, then that… would I be forced
641
01:24:20.210 --> 01:24:23.019
Community Hall: Would I potentially be forced to pay for a study?
642
01:24:24.010 --> 01:24:25.400
Community Hall: An impact study?
643
01:24:25.740 --> 01:24:28.740
Community Hall: Not you as the complainant.
644
01:24:28.890 --> 01:24:40.969
Community Hall: But the actual person applicant would have to prepare
that noise report. So, stated differently, for example, if we had a
commercial facility.
645
01:24:41.110 --> 01:24:44.150
Community Hall: That opened a… Pickleball Club.
646
01:24:44.400 --> 01:24:45.910
Community Hall: A private pickleball club.
Youtube and Zoom Transcript
https://youtu.be/pMe0EDdcVqY?si=l1bP7-40ty7U3bsI
647
01:24:46.210 --> 01:24:53.540
Community Hall: You know, there are several, Pickler and so on. So if
they decided to open that close to a residential area, I think we'd want
to have
648
01:24:53.740 --> 01:24:58.539
Community Hall: language that ensures that an impact analysis occurs, so
this is just…
649
01:24:59.070 --> 01:25:01.000
Community Hall: Tightening the language to include that.
650
01:25:02.290 --> 01:25:06.539
Community Hall: I believe there was a recommendation that was… if you may
repeat that.
651
01:25:07.330 --> 01:25:09.540
Community Hall: I think the existing language says
652
01:25:09.940 --> 01:25:16.239
Community Hall: Includes adequate noise mitigation measures, as
identified by an impact analysis.
653
01:25:17.930 --> 01:25:21.749
Community Hall: I'm gonna try to type this up, if you give me a second.
654
01:25:21.980 --> 01:25:29.880
Community Hall: I guess it would be this… and I would say the
hypothetical is actually the same question. If I were an applicant who
was looking to build the business…
655
01:25:29.880 --> 01:25:44.299
Community Hall: pickleball club, now I would be required to do an
analysis. You would be required to do that today. Anyway, yes, I
understand. So, can I ask another clarifying question? So, will this
language revision make any difference in terms of the actions of the
staff?
656
01:25:45.310 --> 01:25:46.580
Community Hall: I would say no.
657
01:25:47.090 --> 01:25:50.460
Community Hall: I mean, you typically look at impacts, you know.
Youtube and Zoom Transcript
https://youtu.be/pMe0EDdcVqY?si=l1bP7-40ty7U3bsI
658
01:25:50.600 --> 01:25:54.260
Community Hall: what is the use gonna do, whether it's under CEQA or
otherwise, and…
659
01:25:55.130 --> 01:26:08.860
Community Hall: Cupertino with a Chapter 17 built in, you generally have
things that would only be done under CEQA, like we do Phase 1, Phase 2s
independent of CEQA in Cupertino. Not all cities do that, so…
660
01:26:09.980 --> 01:26:12.970
Community Hall: I think this may be ensuring something more, but…
661
01:26:13.300 --> 01:26:16.470
Community Hall: I don't think it's addressing something that isn't
already addressed.
662
01:26:16.700 --> 01:26:18.169
Community Hall: Okay, thank you.
663
01:26:18.900 --> 01:26:24.910
Community Hall: So I… yeah, I have one question. This says, prior to
approving The noise-generating uses.
664
01:26:25.010 --> 01:26:28.790
Community Hall: What about existing noise-generating uses?
665
01:26:29.210 --> 01:26:38.030
Community Hall: already violate our noise standards? Well, they would be
subject to the noise ordinance. So, everything is, so…
666
01:26:38.350 --> 01:26:42.510
Community Hall: Pickleball always seems to be the example. I…
667
01:26:43.160 --> 01:26:50.860
Community Hall: Theoretically, we don't have a private pickleball court
that I'm aware of, but, the question has come up, what if somebody built
a pickleball court?
668
01:26:51.530 --> 01:26:55.080
Community Hall: I think you could build it, and you could look at it. You
probably just couldn't play on it.
Youtube and Zoom Transcript
https://youtu.be/pMe0EDdcVqY?si=l1bP7-40ty7U3bsI
669
01:26:55.550 --> 01:27:02.970
Community Hall: Okay. Because you'd be in a single-family neighborhood,
and you'd violate the noise ordinance. As soon as your neighbors
complained, you would be above the threshold, most likely.
670
01:27:03.180 --> 01:27:11.549
Community Hall: So, but a municipal pickleball facility is allowed to
generate… violate the noise ordinance, or what?
671
01:27:12.260 --> 01:27:21.480
Community Hall: Well, if I may restate to the chair, if I may restate the
question, is there a way to word this so that it would apply
retroactively to existing violations?
672
01:27:24.270 --> 01:27:33.100
Community Hall: I think you're getting very far afield from this document
at that point. Okay, so the motion was to amend HS10.8,
673
01:27:33.430 --> 01:27:37.409
Community Hall: To include explicit language around impact analysis.
674
01:27:39.130 --> 01:27:39.820
Community Hall: Yep.
675
01:27:39.950 --> 01:27:41.339
Community Hall: I had seconded that.
676
01:27:42.570 --> 01:27:45.530
Community Hall: So, may we please have a vote? Thank you.
677
01:28:02.310 --> 01:28:04.990
Community Hall: The motion carries, with Commissioner Fung voting no.
678
01:28:06.840 --> 01:28:08.500
Community Hall: All right, Commissioner Rao?
679
01:28:08.600 --> 01:28:10.669
Community Hall: How many more emotions do you have?
680
01:28:10.940 --> 01:28:16.909
Community Hall: We could take a break, sir. We've been going for a while.
I don't… does anyone else… we don't need a break,
Youtube and Zoom Transcript
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681
01:28:18.010 --> 01:28:21.950
Community Hall: maybe I'd ask if you can consolidate some of your,
682
01:28:22.460 --> 01:28:25.479
Community Hall: Changes into one motion, it might be faster.
683
01:28:29.880 --> 01:28:38.300
Community Hall: Through the chair, was I to share any language? Sorry,
I'm a little confused. I understood your revisions to the previous
motion, so that was fine.
684
01:28:42.960 --> 01:28:48.790
Community Hall: I wanted to test if my fellow commissioners wanted to do
anything about weekend construction noise.
685
01:28:48.980 --> 01:28:50.829
Community Hall: Is there any appetite for…
686
01:28:51.090 --> 01:29:01.150
Community Hall: additional policy around weekend construction noise. So,
what is the current hours for weekend construction noise? I believe it's
9am to 7pm on…
687
01:29:01.280 --> 01:29:07.119
Community Hall: On weekdays. On weekends. I don't think they have
weekends. No, weekdays is 7am to 7pm.
688
01:29:07.220 --> 01:29:14.929
Community Hall: It's 7am to 8 p.m. 7am to 8 p.m. on weekdays. On
weekdays. And then weekends is 9am to 7pm, I believe.
689
01:29:18.450 --> 01:29:27.759
Community Hall: I'm fine with that, personally. Okay. Is that… that also…
shouldn't that belong in a… that's not in the health and safety element,
that should be in an ordinance, right?
690
01:29:27.880 --> 01:29:30.410
Community Hall: Now, there is a construction noise…
691
01:29:31.220 --> 01:29:36.009
Community Hall: Construction and maintenance activities of Policy 10 or
3.
Youtube and Zoom Transcript
https://youtu.be/pMe0EDdcVqY?si=l1bP7-40ty7U3bsI
692
01:29:37.440 --> 01:29:40.970
Community Hall: So, if you want to look at the policy, I think it's 10.
693
01:29:42.230 --> 01:29:43.620
Community Hall: 10.3.
694
01:29:45.590 --> 01:29:48.380
Community Hall: Yeah, construction and maintenance activities, standard
3.
695
01:29:52.160 --> 01:29:58.449
Community Hall: Well, I guess the policy is broad enough that I don't
think it stipulates any specific hours, is that right? So…
696
01:29:58.940 --> 01:30:01.300
Community Hall: We won't really change anything here. Correct. Okay.
697
01:30:04.450 --> 01:30:05.260
Community Hall: Okay.
698
01:30:17.250 --> 01:30:19.889
Community Hall: I know there was a number of freeway-related
699
01:30:20.490 --> 01:30:23.049
Community Hall: Especially around the portal area, there was some…
700
01:30:23.310 --> 01:30:25.769
Community Hall: Sound barrier, or absence of sound barrier.
701
01:30:26.060 --> 01:30:28.260
Community Hall: sound walls, I think it was 10.
702
01:30:32.080 --> 01:30:36.539
Community Hall: I believe we added, two policies,
703
01:30:36.640 --> 01:30:41.370
Community Hall: Yeah, 10.4.1. Correct, and 2. And 2. Okay.
704
01:30:41.970 --> 01:30:43.940
Community Hall: and 3.
Youtube and Zoom Transcript
https://youtu.be/pMe0EDdcVqY?si=l1bP7-40ty7U3bsI
705
01:30:44.600 --> 01:30:46.689
Community Hall: Okay, thank you. Thank you for adding that.
706
01:30:49.440 --> 01:30:54.449
Community Hall: Okay, that's really good. I don't see any… Change the… at
least not…
707
01:30:54.700 --> 01:30:56.439
Community Hall: I don't know if anyone else sees any.
708
01:30:56.600 --> 01:31:01.020
Community Hall: Nope. Are we ready to move the… or approve the,
709
01:31:01.270 --> 01:31:04.160
Community Hall: the rest of the health and safety element?
710
01:31:07.230 --> 01:31:10.910
Community Hall: Yes, there was one more around the interagency…
711
01:31:12.170 --> 01:31:16.140
Community Hall: Recommend interagency coordination for the
712
01:31:16.410 --> 01:31:21.830
Community Hall: Weed and brush abatement on adjacent county parcels and
quarry parcels.
713
01:31:22.420 --> 01:31:23.650
Community Hall: Where could we?
714
01:31:25.110 --> 01:31:26.430
Community Hall: Where could we add that?
715
01:31:27.430 --> 01:31:30.409
Community Hall: I think we wanted to be a little bit more prescriptive on
that.
716
01:31:30.520 --> 01:31:32.970
Community Hall: Given the violations that are being observed.
717
01:31:33.790 --> 01:31:37.869
Youtube and Zoom Transcript
https://youtu.be/pMe0EDdcVqY?si=l1bP7-40ty7U3bsI
Community Hall: Is that, section that that would…
718
01:31:39.710 --> 01:31:47.029
Community Hall: If I may ask a clarifying question, and that would be for
the city to do what?
719
01:31:49.870 --> 01:31:55.949
Community Hall: Coordination, I understand. I just want to understand
what the… Outcome would be of that.
720
01:31:57.600 --> 01:32:01.729
Community Hall: The outcome would be for the city to be able to
721
01:32:02.120 --> 01:32:15.020
Community Hall: request or require… so today, the city can require weed
abatement inspections from the county on city land, on city parcels.
However, there is no mechanism
722
01:32:15.180 --> 01:32:19.570
Community Hall: To require the same on adjacent parcels that Surround.
723
01:32:20.180 --> 01:32:27.490
Community Hall: the, Cupertino Hills. So, Quarry Hills, specifically. So,
how… how may we… how may we include that?
724
01:32:28.940 --> 01:32:45.809
Community Hall: I'm not sure that the city has any authority on those
parcels or properties. You know, if there are any observed violations,
those would have to be reported to the fire department, and they have a
website where you can report those violations.
725
01:32:46.700 --> 01:32:55.080
Community Hall: So you have other places here that talks about cross-
agency, right? I'm trying to see where your language was. Around
emergency services, yes.
726
01:32:56.480 --> 01:32:57.220
Community Hall: Okay.
727
01:32:58.060 --> 01:33:01.659
Community Hall: Right? Because my understanding, if you're talking about
the quarry land that's unincorporated.
728
Youtube and Zoom Transcript
https://youtu.be/pMe0EDdcVqY?si=l1bP7-40ty7U3bsI
01:33:02.270 --> 01:33:10.430
Community Hall: Yeah, I think the other parts of the document where we're
talking about interagency coordination, it's still providing a service
within the city.
729
01:33:11.030 --> 01:33:20.249
Community Hall: Whereas this sounds like you would be addressing parcels
that are not in the city, so they'd be beyond the scope of the document.
You'd be talking about county land.
730
01:33:21.690 --> 01:33:24.630
Community Hall: I believe there are 7 parcels that are city-owned.
731
01:33:24.940 --> 01:33:28.950
Community Hall: That the quarry has. Which would be covered under this
already.
732
01:33:29.450 --> 01:33:37.450
Community Hall: Yes, Heidelberg does own properties within the city, but
those would be covered by this document because they're within the city
of Cupertino.
733
01:33:37.710 --> 01:33:38.570
Community Hall: Okay.
734
01:33:38.890 --> 01:33:43.649
Community Hall: Yeah, so I'm just looking at your strategy on inter-
jurisdictional coordination.
735
01:33:43.870 --> 01:33:50.429
Community Hall: And I'm trying to see if something like the language in
HS132 could apply in the fire management
736
01:33:51.310 --> 01:33:53.609
Community Hall: I guess you have something in 1.4.
737
01:33:56.730 --> 01:34:01.859
Community Hall: So, so, how about this? Could we look at 1.4 and amend it
to include
738
01:34:02.860 --> 01:34:09.459
Community Hall: Right now, it references work with the county and the
Mid-Peninsula Open Space District. Can we include the quarry in this?
Youtube and Zoom Transcript
https://youtu.be/pMe0EDdcVqY?si=l1bP7-40ty7U3bsI
739
01:34:09.900 --> 01:34:16.680
Community Hall: Are we supposed to work with the quarry, though? I mean,
we're working with the county to make sure that their lands would be…
740
01:34:17.430 --> 01:34:26.850
Community Hall: you know, fire hazard free, and that would… not just the
land they own, but the land that they have jurisdiction over, which would
include the quarry. Okay.
741
01:34:28.320 --> 01:34:29.080
Community Hall: Okay.
742
01:34:31.090 --> 01:34:37.610
Community Hall: Alright, very good. And then the last one was we've had a
significant amount of truck noise-related
743
01:34:37.760 --> 01:34:40.959
Community Hall: Questions? Is there anything that can be added there that
was…
744
01:34:41.740 --> 01:34:45.920
Community Hall: You can look at the truck noise related. We saw another
section, yeah.
745
01:34:46.070 --> 01:35:01.070
Community Hall: Just, just so I may respond to that, Chair, if that's
okay? We did add, I believe there were two policies that were added about
truck noise. One was related to street…
746
01:35:01.300 --> 01:35:20.520
Community Hall: Actually, one policy that was added, about street signage
to, you know, make sure that, we can implement signage on the streets,
whether that is to restrict truck activity or what have you. Did you have
a section number? Yes, it's 1073.
747
01:35:28.960 --> 01:35:42.780
Community Hall: And if it pleases the Commission, this policy could be
renamed to, say, quiet hours and street signage, but the bottom line, the
intent of this policy is to, A, figure out whether we can do something.
748
01:35:43.000 --> 01:35:44.529
Community Hall: to,
749
Youtube and Zoom Transcript
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01:35:44.680 --> 01:36:03.279
Community Hall: implement quiet hours on these streets, and if it can be
done through signage, or enforcement, or what have you, but we don't know
that at this point. This is just that starting point of what can be done
in the future, and that needs to be further evaluated. Yeah, thank you.
So, this is, I think.
750
01:36:03.770 --> 01:36:05.710
Community Hall: HS10.7.
751
01:36:06.220 --> 01:36:09.540
Community Hall: And that's… I think it covers some of the concerns.
752
01:36:09.690 --> 01:36:11.840
Community Hall: It does not talk about weekends, however.
753
01:36:12.980 --> 01:36:25.100
Community Hall: That would be covered under the signage. I don't know
that… and that would be whether those are quiet hours, whether weekends
are considered quiet hours or not, and all of that discussion would
happen later.
754
01:36:25.210 --> 01:36:30.510
Community Hall: It's just not something that we've evaluated or know
whether it can be done at all.
755
01:36:31.280 --> 01:36:35.780
Community Hall: Yeah, I would still move to amend 10.7 to just include
756
01:36:36.410 --> 01:36:44.579
Community Hall: Where it says trucking activity hours to avoid late
evening and early morning. I would just amend that to include weekends,
late evening, and early morning.
757
01:36:46.690 --> 01:36:47.530
Community Hall: Minor.
758
01:36:47.930 --> 01:36:51.620
Community Hall: Minor amendment. Sorry, where are you? 10.7.
759
01:36:51.970 --> 01:36:54.319
Community Hall: A reduction of noise from trucking operations.
760
Youtube and Zoom Transcript
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01:36:55.520 --> 01:36:56.910
Community Hall: Page 83.
761
01:36:57.030 --> 01:37:01.780
Community Hall: And it was to avoid late evening, early morning. What was
the change? And weekends. Okay.
762
01:37:02.850 --> 01:37:04.800
Community Hall: Alright, I'll second that. Okay.
763
01:37:05.450 --> 01:37:06.710
Community Hall: It's a minor change.
764
01:37:08.470 --> 01:37:18.440
Community Hall: Oh, so I have one more change. Do we want to vote on that
one first, or what? Yeah, let's do that. Okay, so was that… was the
change related to the same section? No.
765
01:37:19.630 --> 01:37:23.819
Community Hall: Was there other changes from this section around
trucking-related noise?
766
01:37:24.830 --> 01:37:26.080
Community Hall: Anyone else, or…
767
01:37:26.960 --> 01:37:27.690
Community Hall: Nope.
768
01:37:28.860 --> 01:37:31.680
Community Hall: So, City Clerk, may you please have the vote? Thank you.
769
01:37:37.920 --> 01:37:40.729
Community Hall: The motion carries with Commissioner Fung voting no.
770
01:37:41.130 --> 01:37:46.830
Community Hall: Okay, Vice Chair? Okay, this goes back to the Chair's,
771
01:37:47.390 --> 01:37:50.699
Community Hall: Statement earlier about the Urban Forest Management Plan.
772
01:37:51.100 --> 01:37:55.920
Community Hall: So I would like to add… Another line at the end.
Youtube and Zoom Transcript
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773
01:37:57.480 --> 01:38:01.269
Community Hall: That says, to encourage the removal of non-native trees.
774
01:38:02.260 --> 01:38:07.459
Community Hall: And the reason for this… I don't know how many people
remember what happened during
775
01:38:07.600 --> 01:38:13.679
Community Hall: A storm a few years ago where eucalyptus tree blew over
an alpine road, killed someone in their car.
776
01:38:14.070 --> 01:38:24.119
Community Hall: And… It's… The non-native trees, Pose a danger, even when
you don't realize that they pose a danger.
777
01:38:24.250 --> 01:38:30.769
Community Hall: No one thought it would blow over in a big wind, but it
did. It killed someone inside their truck.
778
01:38:31.180 --> 01:38:32.599
Community Hall: And I think we…
779
01:38:33.050 --> 01:38:44.219
Community Hall: we should really be encouraging the removal of the non-
native trees. Vice Chair, would redwood trees then be encouraged to be
removed? No. Redwood trees are non-native, right?
780
01:38:45.480 --> 01:38:57.500
Community Hall: Yeah, I was curious what your definition of non-native
is. I would hate to remove back to the issue of native, non-native, we
could be here really late. Right, how about we just put in eucalyptus,
then?
781
01:38:57.500 --> 01:39:08.039
Community Hall: That might be… there's probably about 500 different types
of eucalyptus, some of which most people wouldn't know are eucalyptus, so
I'm… But it's not telling people…
782
01:39:08.040 --> 01:39:10.860
Community Hall: to remove them on their own property. This is on…
783
01:39:11.150 --> 01:39:14.789
Youtube and Zoom Transcript
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Community Hall: City property, where the city's at risk if something
happens.
784
01:39:17.080 --> 01:39:29.220
Community Hall: I think that's where, you know, I had originally been
going with my first ask around, you know, removing trees that are at risk
of falling, and we had decided that it was already covered under that
safety phrase.
785
01:39:29.660 --> 01:39:32.039
Community Hall: Okay, how about you put that back then?
786
01:39:32.140 --> 01:39:38.179
Community Hall: explicitly. I think the safety phrase covers that. The
safety phrase covers that already.
787
01:39:39.560 --> 01:39:51.859
Community Hall: Yeah, maybe we better not put that in, because that would
actually increase our liability if we did that, and something happened.
And if I may, I mean, through the process of development of that urban
forest.
788
01:39:51.890 --> 01:40:01.340
Community Hall: what is it called? Urban Forest Management Plan? Those…
any and all comments will be, you know, accepted from the public, and
this could be part of that discussion.
789
01:40:01.720 --> 01:40:02.919
Community Hall: at that time.
790
01:40:04.110 --> 01:40:05.849
Community Hall: Okay, then I withdraw that.
791
01:40:06.300 --> 01:40:09.430
Community Hall: Yeah, I did want to raise another… sorry, could I?
792
01:40:10.230 --> 01:40:14.139
Community Hall: So, we're having this freeway traffic cutting through our
city.
793
01:40:14.310 --> 01:40:17.440
Community Hall: Through the Fort Hill corridor and Stevens 3 Corridor.
794
Youtube and Zoom Transcript
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01:40:17.850 --> 01:40:21.669
Community Hall: And I believe you have some traffic calming-related
items, right?
795
01:40:21.810 --> 01:40:23.320
Community Hall: I think it was 10 dot.
796
01:40:24.030 --> 01:40:24.940
Community Hall: Six?
797
01:40:26.140 --> 01:40:27.019
Community Hall: Is that right?
798
01:40:28.210 --> 01:40:31.430
Community Hall: 10. Yeah, 10.6, Traffic Calming Solutions.
799
01:40:34.120 --> 01:40:35.599
Community Hall: Is that anything more?
800
01:40:36.140 --> 01:40:42.170
Community Hall: comprehensive, then… As stated, I don't think there's
actually any change in the language here.
801
01:40:42.580 --> 01:40:51.800
Community Hall: You're talking about the noise element, that doesn't, you
know, cut through traffic, doesn't necessarily… Belong in that section.
802
01:40:57.210 --> 01:41:01.939
Community Hall: So the question was, is there a different section where
we can recommend
803
01:41:02.250 --> 01:41:06.139
Community Hall: Traffic calming solutions to freeway cut through traffic.
804
01:41:06.320 --> 01:41:10.009
Community Hall: In the mobility element, yes. Okay.
805
01:41:10.530 --> 01:41:15.580
Community Hall: Which we don't have today, and likely we will have no
budget to get to.
806
01:41:16.190 --> 01:41:20.580
Youtube and Zoom Transcript
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Community Hall: Most likely not. Okay, so is there anything within the
scope of this section?
807
01:41:21.290 --> 01:41:25.079
Community Hall: That we are looking at in the health and safety element,
because…
808
01:41:25.800 --> 01:41:31.469
Community Hall: It does create a fair amount of smoke pollution with all
the freeway traffic. I don't know if anybody's seen
809
01:41:31.910 --> 01:41:36.490
Community Hall: The evening traffic on Foothill and Stevens Creek, it's
all the freeway traffic cutting through the city.
810
01:41:37.350 --> 01:41:39.610
Community Hall: Not to my knowledge, in this section.
811
01:41:42.470 --> 01:41:47.179
Community Hall: Any ideas from other commissioners around traffic coming?
812
01:41:49.570 --> 01:41:50.689
Community Hall: Given a better wall.
813
01:41:54.630 --> 01:41:56.060
Community Hall: Okay. Thanks.
814
01:41:56.190 --> 01:41:58.649
Community Hall: I don't have any other changes.
815
01:41:59.140 --> 01:42:04.600
Community Hall: All right, so, we will… do we have a motion to approve
the… So moved.
816
01:42:06.200 --> 01:42:09.120
Community Hall: All right, and… Was that a second? Okay, second.
817
01:42:11.210 --> 01:42:14.460
Community Hall: All right, City Clerk, maybe please have the vote. Thank
you.
818
01:42:21.750 --> 01:42:23.810
Youtube and Zoom Transcript
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Community Hall: The motion carries unanimously.
819
01:42:25.680 --> 01:42:36.590
Community Hall: Okay, thank you very much. So, we… and that was a great
discussion, thank you, everyone, for your patience. We will move on to
staff and commission reports. Do we have any staff reports?
820
01:42:36.830 --> 01:42:40.059
Community Hall: I actually do not have much to share at this point.
821
01:42:40.390 --> 01:42:42.590
Community Hall: Do we have any commission reports?
822
01:42:45.510 --> 01:42:50.719
Community Hall: All right, then we'll move to future agenda setting. Do
we have any future agenda setting items?
823
01:42:53.540 --> 01:42:59.129
Community Hall: I wanted to check if the data center ordinance was
already proposed as a future agenda item. I can…
824
01:42:59.480 --> 01:43:02.080
Community Hall: recall if it is in this TPD list or not.
825
01:43:03.150 --> 01:43:20.440
Community Hall: It's my understanding that there's an informational memo
that has been requested by Mayor Moore, and that will be sent out soon,
and probably in the next 30 days? I'd like to propose, since this isn't
showing up in the list, I'd like to propose a study session for a data
center ordinance.
826
01:43:22.070 --> 01:43:23.680
Community Hall: Okay. Do I have a second?
827
01:43:25.550 --> 01:43:29.710
Community Hall: Yeah, I thought we did too, but it's not showing in the
upcoming
828
01:43:30.260 --> 01:43:43.660
Community Hall: This is not a TBD list, this is only the list of projects
that will be heard by the Commission in the upcoming… Yeah, I'm pretty
sure we voted on that one already. And I don't have the TBD list in front
of me, but if it is on there, then it is on there. Fair.
Youtube and Zoom Transcript
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829
01:43:43.900 --> 01:43:59.580
Community Hall: have the list. We can always add it again. I don't… yeah.
I remember, because you and I voted for it. Okay, hopefully it's there.
Okay. I think it may have been a little different. My recollection was
you had something very specific about data centers,
830
01:43:59.780 --> 01:44:03.949
Community Hall: And this is a more generic,
831
01:44:04.510 --> 01:44:11.209
Community Hall: Well, if you have something, that's okay, I think we can
always… That's fine. I'm hoping that will come up at some point, but…
832
01:44:11.310 --> 01:44:12.070
Community Hall: Alright.
833
01:44:12.170 --> 01:44:12.970
Community Hall: Okay.
834
01:44:14.360 --> 01:44:19.630
Community Hall: All right, if, without any future other further agenda-
setting items, we will adjourn the meeting.
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