Written Communications (Updated 12-21-2022) — Cupertino City Council, December 20, 2022

CC 12-20-2022
Written
Communications
Oral
Communications
From: Noel Eberhardt
To: City Clerk
Subject: Fix the Housing Element Draft
Date: Monday, December 19, 2022 11:57:36 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

City Clerk Kirsten Squarcia,
I am writing out of concern for the current status of the recently released Cupertino housing element draft, which is clearly incomplete and inconsistent with the extreme housing needs in Cupertino and the greater bay area. I am optimistic that we can craft an ambitious housing element, with the visionary abilities of this new city council and ample community feedback.

Failure to do so will result in an extended period of loss of local control and continuous increases in housing insecurity and homelessness.

To adequately meet the housing needs of our community, I fully support Cupertino for All’s recommendations to the housing element draft. The organization’s requested changes are as follows:

1. Site Inventory: Reduce reliance on pipeline projects, expand the number of planned units in the “heart of the city,” and avoid planning homes that are unlikely to be built. Nearly ⅔ of the planned inventory is pipeline projects, with roughly 80% of those projects being Vallco and the Hamptons. The Hamptons in particular is unlikely to actually be built out as 600 units, given no recent developer interest and recent renovations from Irvine Company. Meanwhile, less than 5% of the inventory is composed of the heart of the city, the main portion of Cupertino, where most development should be slated.

2. Programs and Policies: Urge staff and consultants to focus on new policies and programs modeled after other cities’ housing elements–with a framework of the 3 Ps in mind: production of homes, preservation of existing homes, and protection of renters. Cities like Emeryville and Mountain View have robust policies for all three of these planks. Cupertino’s current draft introduces few new policies, instead relying almost entirely on our existing ones, which have obviously failed to meet our housing needs. Additionally, the draft unnecessarily restricts proposed policies, such as only limiting parking requirements for SROs and studios, instead of applying a reduction in parking to all new homes.

3. Needs Analysis: The needs analysis is woefully inadequate for the unique housing context of Cupertino, with no references to the extreme unmet housing needs of our daytime residents– instead choosing to focus on those who already can afford to live here. In particular, we see tremendous housing struggles among De Anza college students, adjunct faculty, teachers, low- wage workers, non-profit workers, young adults, and seniors. For example, Cupertino severely lacks in apartments and smaller units that would be ideal for a young professional or community college student. Additionally, with regard to AFFH, our draft does not provide a realistic assessment of segregation in our region; we know that Cupertino has one of the lowest Latino/Latinx populations of surrounding cities–of just 3-4% compared to San Jose’s 30%. As such, one of our intended outcomes should be to bridge this gap and greatly increase housing opportunities for Latino, Black, and Southeast Asian communities of color.

5. Community Outreach: While Cupertino has done some community outreach with regard to the housing element, it does not seem to have actually translated into actual policies or programs. The purpose of community outreach is to hear from traditionally underserved communities, so new ideas emerge for how to meet these specific housing needs. Instead, there are dozens of pages of outreach, with no actual effect on the resulting sites, programs, or policies. Additionally, much of the feedback critical of Cupertino’s approach to the inventory appears to be missing. The City must also be honest about its failures in approaching community outreach, such as the last City Council dismantling the stakeholder engagement group, or the anti-housing bias within the housing survey.

6. Transit-Oriented Development & mixed use: Cupertino’s housing element draft does not seem to contain a vision for the built-environment, as it isolates the thousands of planned homes from a much needed coinciding growth of bicycle and pedestrian infrastructure, reduced car use, and vibrant, mixed-use spaces. Instead, it makes few references to transit-oriented development and even unnecessarily restricts mixed-use. We should be planning our housing future around the reduction of car reliance and the promotion of our Climate Action Plan 2.0.

7. Timeline: Cupertino is last in the entire county and will no doubt lose local control under the builder’s remedy. Council should direct its staff and consultant team to focus entirely on more- or-less redoing the housing element draft as quickly as possible. The community would like to see an actual timeline and plan of action for achieving an ambitious housing element in a short period of time.

Noel Eberhardt
[email protected]
21407 Krzich Place
Cupertino, California 95014
From: John Zhao
To: City Clerk
Subject: The Housing Element needs to be overhauled
Date: Monday, December 19, 2022 10:24:49 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

City Clerk Kirsten Squarcia,
I have reviewed the Housing Element draft and am deeply concerned with how incomplete and insufficient it is. The housing element is not even a completed document, and the content that it does contain does not meet state requirements to ensure that Cupertino can adequately address housing needs in our community. I am hopeful that with our new City Council, we can work collaboratively between Council, staff, and different segments of the public (including renters, homeowners, daytime residents, etc.) to put forth a bold vision for how we plan our city over the next 8 years.

Contrary to the statements of certain (previous) elected officials who have insisted that we will make the deadline for the Housing Element, it is very clear that we will be late. That being said, I think we should take this as an opportunity to regroup and make our best faith effort to make a good Housing Element. It IS possible for a Housing Element to be approved on first submission, as we can see with the City of Emeryville. And if we wanted to, Cupertino could earn the Prohousing Designation and join the cities of Citrus Heights, Fontana, Oakland, Roseville, San Diego, and West Sacramento.

To adequately meet the housing needs of our community, I support Cupertino For All’s recommendations to overhaul the Housing Element draft. The organization’s requested changes are as follows:

1. Site Inventory: Reduce reliance on pipeline projects, expand the number of planned units in the “Heart of the City,” and avoid planning homes that are unlikely to be built. Nearly ⅔ of the planned inventory is pipeline projects, with roughly 80% of those projects being Vallco and the Hamptons. The Hamptons in particular is unlikely to actually be built out as 600 units, given no recent developer interest and recent renovations from Irvine Company. Meanwhile, very little of the proposed sites are located in Cupertino's Priority Development Areas (PDAs), which are where development is supposed to be focused under smart, transit-oriented planning principles.

2. Programs and Policies: Urge staff and consultants to focus on NEW policies and programs modeled after other cities’ housing elements–with a framework of the 3 Ps in mind: production of homes, preservation of existing homes, and protection of renters. Cities like Emeryville and Mountain View have robust policies for all three of these planks. Cupertino’s current draft introduces few new policies, instead relying almost entirely on our existing ones, which have obviously failed to meet our housing needs. Additionally, the draft unnecessarily restricts proposed policies, such as only limiting parking requirements for SROs and studios, instead of applying a reduction in parking to all new homes. The City of San Jose just recently removed all parking minimums -- perhaps our city could benefit from examining whether parking requirements are limiting our ability to plan a more sustainable and affordable city.

3. Needs Analysis: The needs analysis is woefully inadequate for the unique housing context of Cupertino, with no references to the extreme unmet housing needs of our daytime residents– instead choosing to focus on those who already can afford to live here. In particular, we see tremendous housing struggles among De Anza college students, adjunct faculty, teachers, low- wage workers, non-profit workers, young adults, and seniors. (Personally, as a non-profit worker, it is unlikely I would be able to live here if I wasn't able to live with my parents.) For example, Cupertino severely lacks in apartments and smaller units that would be ideal for a young professional or community college student. Additionally, with regard to AFFH, our draft does not provide a realistic assessment of segregation in our region; we know that Cupertino has one of the lowest Latino/Latinx populations of surrounding cities–of just 3-4% compared to San Jose’s 30%. As such, one of our intended outcomes should be to bridge this gap and greatly increase housing opportunities for Latino, Black, and Southeast Asian communities of color.

6. Transit-Oriented Development & Mixed Use Development: Cupertino’s housing element draft does not seem to contain a vision for the built-environment, as it isolates the thousands of planned homes from a much needed coinciding growth of bicycle and pedestrian infrastructure, reduced car use, and vibrant, mixed-use spaces. Instead, it makes few references to transit- oriented development and even unnecessarily restricts mixed-use. We should be planning our housing future around the reduction of car reliance and the promotion of our Climate Action Plan 2.0.

7. Timeline: Cupertino is last in the entire county and will no doubt lose local control under the builder’s remedy. Council should direct its staff and consultant team to focus entirely on more- or-less redoing the housing element draft as quickly as possible. I would like to see an actual timeline and plan of action for achieving an ambitious housing element in a short period of time.

John Zhao
[email protected]
10411 Lansdale Ave
Cupertino, California 95014
From: Philip Nguyen
To: City Clerk
Subject: Fix the Housing Element Draft
Date: Monday, December 19, 2022 10:15:59 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Failure to do so will result in an extended period of loss of local control and continuous increases in housing insecurity and homelessness.

I strongly believe that to be meet sustainability goals along with housing needs is to speed up production on mixed-use, higher density housing near transit so that Cupertino residents can have a sense of a walkable city as well as adequate transit freedom. Reducing the need for car-dependent suburbs by increasing supply of affordable housing is the key to keeping Cupertino thriving and sustainability for the years ahead.

To adequately meet the housing needs of our community, I fully support Cupertino for All’s recommendations to the housing element draft. The organization’s requested changes are as follows:

Thank you,
Philip Nguyen
Philip Nguyen
[email protected]
743 Lakewood Dr
Sunnyvale, California 94089
From: Nicole Phan
To: City Clerk
Subject: Fix the Housing Element Draft
Date: Monday, December 19, 2022 9:51:10 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

City Clerk Kirsten Squarcia,
Knowing that housing is already a huge issue, especially in Cupertino, the current status of the recently released Cupertino housing element draft is especially concerning. It is clearly incomplete and inconsistent with the dire housing needs in Cupertino and the greater bay area.

Now is not the time to let this draft slide. Now is the city's opportunity to take a step in the right direction and positively impact thousands of lives and futures.

With the visionary abilities of this new city council and ample community feedback, I am confident an ambitious housing element can be drafted and put forth into action. Failure to do so will result in an extended period of loss of local control and continuous increases in housing insecurity and homelessness.

I love Cupertino and can confidently say many of my friends, family, peers, and visitors from afar love it too, but it is truly heartbreaking to only wish we could live here, that none of us could ever say we could afford a place to live here. Why does it have to be this way? This is our chance to change that. Creating housing will allow residents to continue to bring more life, energy, art, creation, innovation, and more - all while thriving.

To adequately meet the housing needs of our community, I fully support Cupertino for All’s recommendations to the housing element draft. The organization’s requested changes are as follows:

Nicole Phan
[email protected]
866 Lily Ave
Cupertino, California 95014
From: Rajat Mehndiratta
To: City Clerk
Subject: Cupertino Can Build Housing For All
Date: Monday, December 19, 2022 9:51:01 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

City Clerk Kirsten Squarcia,
First of all, thank you, Mayor Wei, Vice-Mayor Mohan, Councilmember Fruen and the rest of the new city leadership, for bringing some much-needed perspective back to our city. I appreciated your remarks at the swearing-in ceremony: about how this city has an obligation to not just its current residents but also its daytime residents, future residents, and neighbors.

Indeed, Cupertino cannot continue as the fiefdom of those with spare time to spend hours on public comment on a weekday meeting most of this town has no idea is going on. It's about time this city begins to represent its tenants, workers, displaced former residents, daytime residents, the teachers that can't afford to live near their students, the students we educate and then shoo off, the seniors that get priced out away from their families, and the kids this community raises then casts off to preserve its luxury character. It's about time we eschew our myopia, and I'm proud to have a council that can see this.

However, I read the Housing Element draft from October- all 492 pages(!), including the copy- pasted stuff about Larkspur(!!)- and I fear from its sorry state that we have much, much more perspective to recover. Cupertino has been a poverty trap for far too long- a wealthy community that hoards the best schools, the best minds, the best jobs, the best paths to opportunity in America, and gates them behind luck, residential tenure, and incomes unattainable for most of America. Those who pass the filter get access to the fast-track to the American Dream. Those who don't? Tough luck, move to Phoenix. That's the message we send, and the price of our folly is measured in real harm to real people- like a friend of mine, a trans woman who has to worry each and every day about how she'll continue to afford living someplace that's, y'know, not Arizona. We have taken the ladder of the American Dream and turned it into a cliff, and we push so many people off that cliff.

For far too long, we have been a city that can't- can't even put the Housing Element on the agenda, can't permit anything at the site of a dilapidated mall, can't escape our shrinking tax base, can't allow such and such development without so and so new red tape, can't find housing for its students, can't do right by its teachers, can't meet its RHNA targets, can't include in its processes displaced residents and tenants, can't do anything with the feedback it gets from community surveys, can't seriously entertain the notion of a Cupertino that's mixed- income & inclusive.

Please, let's build a city that can! Cupertino didn't become world-famous by holding itself to low standards like this Housing Element draft. It became world famous because of generations of people- from intrepid indigenous civilizations to early builders at Vallco and HP to kids hacking in garages- gave in to the most fundamental American instinct of looking around at the world, deciding it's not good enough, and having the audacity to try and build something better. We must become a pro-housing city, one that can escape its scarcity mindset and create an open, prosperous heart of Silicon Valley. It's time to rebuild the American ladder, and it's time our city government leads the charge with a vision of what this county could be.

I trust this new council can and will aim higher. Cupertino For All has some excellent ideas to start with:

Rajat Mehndiratta
[email protected]
19608 Pruneridge Avenue #8303
Cupertino, California, California 95014
From: Yvonne Thorstenson
To: City Clerk
Subject: Fix the Housing Element Draft
Date: Monday, December 19, 2022 7:31:56 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

City Clerk Kirsten Squarcia,
Planning for the future is an important function for any government. Cupertino is lucky to have the framework of the Housing Element to help visualize a plan for future housing.

I am optimistic that we can craft an ambitious housing element, with the visionary abilities of this new city council and ample community feedback. Failure to do so will result in an extended period of loss of local control and continuous increases in housing insecurity and homelessness.

To adequately meet the housing needs of our community, I fully support Cupertino for All’s recommendations to the housing element draft. The organization’s requested changes are as follows:

Yvonne Thorstenson
[email protected]
7744 Robindell Way
Cupertino , California 95014
From: Ian Greensides
To: City Clerk
Subject: Fix the Housing Element Draft
Date: Monday, December 19, 2022 6:40:59 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Failure to do so will result in an extended period of loss of local control and continuous increases in housing insecurity and homelessness.

To adequately meet the housing needs of our community, I fully support Cupertino for All’s recommendations to the housing element draft. The organization’s requested changes are as follows:

Ian Greensides
[email protected]
19925 Stevens Creek Blvd #100
Cupertino, California 95014
From: Connie Cunningham
To: City Clerk
Subject: Fix the Housing Element Draft
Date: Monday, December 19, 2022 3:34:34 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

City Clerk Kirsten Squarcia,
Hello, I am Connie Cunningham, I have served on the Housing Commission for four years and attended countless City Council, Planning Commission and other meetings related to the topic of housing around the community. Before the pandemic, most of these meetings were in- person while during the pandemic all were virtual.

Although we have learned a lot about the unhoused population during the pandemic, our city, and other cities in our area, have not taken the steps needed to build enough homes for all our residents. It is embarrassing, but true, that the more one has, the less one can understand how truly traumatic it is to live outdoors. Even the pastime of camping does not begin to reveal the horrors of living outside. Our camping equipment is designed to protect us, and if all else fails, we can just go home.

How does it feel to not be able to say, "I think I will just go home today." Because: " It is too cold. Or too hot." "I don't like the food at the restaurants/cafeterias." "I didn't buy enough food before I came." "They don't put soap or towels (or hooks to hang things on) in the bathrooms." "The shower won't accept my quarters." "I think I will just go home today. Over 10,000 people in our area suffer this way.

If you cannot "just go home," where do you go? Where would you go? If you can say you would just " go to the tennis/golf club to shower," you realize you aren't even close to understanding .

Or if you can say you would "just go to your friends/family's house," you may not realize that plan can only last a limited time. Home is a very special place. By keeping our unhoused residents forever wondering where their next home is, we are, unintentionally, or intentionally, acting in the most cruel of ways. Not seeing. Not hearing. Not understanding. Not seeing. Not hearing.

Where would you go if you could not say, "I will just go home." I am writing out of concern for the current status of the recently released Cupertino housing element draft, which is clearly incomplete and inconsistent with the extreme housing needs in Cupertino and the greater bay area. I am optimistic that we can craft an ambitious housing element, with the visionary abilities of this new city council and ample community feedback.

Failure to do so will result in an extended period of loss of local control and continuous increases in housing insecurity and homelessness.

To adequately meet the housing needs of our community, I fully support Cupertino for All’s recommendations to the housing element draft. The organization’s requested changes are as follows, with some thoughts of my own:

The Hamptons would displace hundreds of families. This is unacceptable. I certainly hope that it is true that the Hamptons is unlikely to be built.

Meanwhile, less than 5% of the inventory is composed of the heart of the city, the main portion of Cupertino, where most development should be slated.

I agree that most development should be along large streets with busses and amenities that people need. Exactly how crazy is it to say (as the Planning Commission did) that the plan should go into the suburbs, and in the same list of goals, say that no upzoning should be done.

Concurrently, to push back on transit changes, bicycle infrastructure, and parking reductions.

Sometimes people call that "planning a square circle." Funnier, but perhaps less direct, than the word "crazy."

Our Housing Commission (which focuses on Below Market Rate housing ) has an ordinance stating its purpose. It could use a refresh, too. It should include all 3 P's. Currently it focuses on building (production). Building is good, but just one of three critical needs described above.

This Housing Element does not address Extremely Low Income Housing nor the newer, and even lower-income, "Acutely Low Income." When the law has to add a definition for low income, it is a stark reflection of rising prices and stagnant income. All of the issues in paragraph 3 apply here.

4. Constraints Analysis: Several constraints appear to be missing, including but not limited to (1) local control and neighborhood opposition, (2) underutilized land such as dying strip malls, (3) relatively low surface area for development, (4) state law evasion/loopholes, (5) permit processing times. Additionally, several other state laws are missing that are in need of compliance like AB 2097 (Prohibits public agencies from enforcing minimum automobile parking requirements for developments located close to public transit.) and AB 2011 (by-right approval for affordable housing on commercially-zoned lands....) It is staggering (to me) that so much state effort is required to induce cities to build homes for their residents. Cities should be happy to build homes for new residents. Many cities do not even want to allow existing homeowners to build on their own lots. Think of the pushback on Accessory Development Units (ADU) (granny units). So, it is not just new people they do want in. They do not want existing homeowners to age in place or to enlarge their home for growing families.

Outreach did not include people who might want to move here. Think teachers, students, workers. They must commute long distances to work here. Why do we think that is OK? As the old saying goes, "I have more of your time, than I have of mine." It is not OK for working people to travel 2 hours one way to a job. It is not OK.

Our CAP 2.0 recognizes that increasing biodiversity is a critical issue. It is an existential issue.

Biodiversity is plunging worldwide. Cities can change that by planting native trees, plants and grasses. We can do it by planting native trees, plants and grasses among the denser infill homes. Denser infill housing, also, saves energy.

7. Timeline: Cupertino is last in the entire county and will no doubt lose local control under the builder’s remedy. Council should direct its staff and consultant team to focus entirely on redoing the housing element draft as quickly as possible. The community would like to see an actual timeline and plan of action for achieving an ambitious housing element in a short period of time.

Being the last has some silver-lining--we can see the plans that have been successful and use some "Best Practices." We can become first by creating the best Housing Element in the state.

Connie Cunningham
[email protected]
1119 Milky Way
Cupertino, California 95014
From: Debra Timmers
To: City Clerk
Subject: Fix the Housing Element Draft
Date: Monday, December 19, 2022 3:02:51 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

City Clerk Kirsten Squarcia,
I have been attending Community Engagement meetings throughout this past year and am concerned about the current status of the recently released Cupertino housing element draft. It does little to address the extreme housing needs in Cupertino and the greater bay area. With this new city council, I am hopeful that we can craft a housing element that HCD will accept as compliant. If we fail to do this, I fear we will lose local control for months. In addition, we need to fix the continuous increases in housing insecurity and homelessness. I was fortunate enough to be able to purchase a house 9 years ago. If I had to purchase at the inflated prices today, I don't think I'd be able to afford living here. I want to make it possible for anyone who works or goes to school here and to be able to afford to live here.

To adequately meet the housing needs of our community, I fully support Cupertino for All’s recommendations to the housing element draft. The organization’s requested changes are as follows:

Debra Timmers
[email protected]
22701 Medina Lane
Cupertino, California 95014
From: Ayushi S
To: City Clerk
Subject: Fix the Cupertino Housing Element Draft
Date: Monday, December 19, 2022 2:43:09 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Failure to do so will result in an extended period of loss of local control and continuous increases in housing insecurity and homelessness.

To adequately meet the housing needs of our community, I fully support Cupertino for All’s recommendations to the housing element draft. The organization’s requested changes are as follows:

Ayushi S
[email protected]
10341 Tonita Way,
Cupertino, California 95014
From: Connie Cunningham
To: Grymes Rose; City Clerk
Subject: Re: Speak up to restore Blackberry Farm Golf Course to natural habitat! Date: Sunday, December 18, 2022 7:17:33 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Rose, Marilyn said that she does not need the extra time. If you would like to join the Zoom, you can send your email and ask (in the email) for Kirsten to read it into the record.

Send it to [email protected]
Or you can just sent the email with words at the top
saying to please put it in the written record.

Thank you!
Connie
On Dec 18, 2022, at 2:24 PM, Connie Cunningham
<[email protected]> wrote:

Hi Rose, thank you for making time to either “donate” your time or to send an email. I have asked the other speaker, Marilyn Beck, if she needs extra time, and will let you know what she says. I do not need extra time for my comments. I am sending an email right after this with updates.

It is a VIRTUAL meeting on Dec 20.

Best!
Connie
On Dec 13, 2022, at 6:11 PM, Rose Grymes <[email protected]> wrote:

We’re on our way back—Hispaniola came up as the geographic description
I can submit email in advance or for reading, or log in and donate time.

Sent from my iPhone
On Dec 13, 2022, at 6:46 PM, Connie Cunningham
<[email protected]> wrote:
Hi Rose, thank you! I will remember that you might be able to donate time. I can let our two speakers know
(and me). Of course, if you are able to speak that would take priority. Or an email, if that works better for you.

There is an option where you can send in the email at the time of Oral Communications, and the City Clerk
(Kirsten Squarcia) will read it out loud into the record.

You just have to put that request at the top of your email when you send it in.

Are you going away or coming back from home?
Interesting to call the island by its whole name rather than one of its two countries.

Thank you!
Connie
On Dec 13, 2022, at 2:27 PM, Rose Grymes
<[email protected]> wrote:

I might be able to speak, Connie, or raise my
hand and donate time. Family will be with
me this coming week, but I am deeply
interested in Blackberry Farm.

How can I help? At this moment I’m in the
Atlantic nearing Hispaniola.

Rose
Sent from my iPhone
On Dec 13, 2022, at 3:07 PM,
Connie Cunningham
<[email protected]
m> wrote:
Good morning, Restore Nature
Volunteers!
The Dec 6 City Council
meeting went very well! Thank
you to John Kehoe for his
presentation, with a direct ask
for the Council to choose
Option B! I plan to put this in
our Google Docs soon. as well
as the other comments that have
been made. He spoke to
drought conditions and water
usage by golf courses. He had
several good ideas for the
Council to consider for other
things they can do with city
parks. He applauded the
Council for their efforts in
expanding natural areas. The
added information that he had
been a volunteer at Ulistac was
excellent! It spoke to how a
golf course had been
successfully turned into nature.

I spoke about biodiversity and
the UN Biodiversity Summit
that same week where scientists
recommend six action items—
one is greater involvement of
local communities.

Thank you, Janny Choy and
Marilyn Beck, who have signed
up to speak up for nature on
Tuesday, December 20! Your
voices will be a wonderful
addition to those who have
already spoken on Nov 15 and
Dec 6. It will be a really good
time for people to speak since
the newly-elected City Council*
will be in place.

I would like to get together over
coffee or lunch with you and,
also, with anyone who would
like to join us. The newly
relocated Holders Country Inn
works well. Parking is behind
the building, but not far away. If
you cannot meet during the day,
please let me know. I have
flexible hours. Maybe Monday,
Dec 19 at 11:00 am?
10088 N Wolfe Rd STE 130,
Cupertino, CA, United States,
California
Home | Country Inn
cupertinocountryinn.com
<pfavico.ico>
*City Council has two new
members, JR Fruen and Sheila
Mohan. JR Fruen is
Councilmember along with
Liang Chao (who was re-
elected) and Kitty Moore. Hung
Wei was selected for Mayor,
and Sheila Mohan was selected
for Vice Mayor. It will be a
perfect time to be able to speak
to them at the beginning of this
new term.

Please contact me by email, text
or phone, if you have any
questions.

Best!
Connie
408-569-1026 Cell/text
1 Kirsten Squarcia
From: Sayareh Farsio <[email protected]>
Sent: Tuesday, December 20, 2022 11:25 AM
To: Kirsten Squarcia
Cc: Setareh Farsio; Alan Enterprise LLC - Google
Subject: Alan Row, oral communication city council tonight Attachments: Monitoring agreement 22690 Stevens Creek Boulevard, Cupertino .pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Kristen ,
Below please see our presentation for tonight

Thank you ,

Sayareh Farsio

>
>
>> Dear honorable Mayor Wei
and Council members,
>> We are planning to speak at tonights public communication session, since we only have few minutes wanted to update you in advance on our communication.
>> Tamien Nation:
>> Our project is one of the first projects with Tamien Nation requesting to be involved, therefore there are no set rules, policies, or limits of charges implemented by the City. One of the conditions of the City in order for us to receive our permit was to have Tamien Nation involved, with no set requirements. >> We absolutely welcome Tamien Nation's involvement and want to assist in any way we can to help Tamien Nation find any valuables if so, (we have instructed our team to alert us as soon as they find any artwork/valuable items, and we will inform Tamien Nation immediately) but they have assigned a monitor there even during the time we are not doing underground, paying the monitor that has been placed here from Fresno to pay for his commute, hotel and meals are outrageous and totally unacceptable. We did reach out to the chairwomen of Tamien Nation with strong rejection that our project can get shut down.
>> We are a small developer who is honored to be part of the Cupertino community, but this estimated cost of $250,000 for the next 6 months is a hardship to us, going through the economic crisis right now, we are already very challenged by this project at it took 3 years to get our permit from the City. the construction cost is skyrocketing, with the high‐interest rate now, inflation, and supply chain demanI. Yes we were forced by the city to sign the agreement with Tamien Nation, but was blinded of how much this is going to cost us. We don't believe the City had any idea either since it's their first experience with Tamien Nation, therefore we are coming back to the City for resolution. (Attached please see two documents, the agreement we signed with Tamien Nation and The city condition). >> We respectfully ask the honorable Mayor and Citycouncils to visit this ambiguous condition without any cost to us or at the very least have a set limit of $5,000 no more for the monitor. we can not afford anything more as we did not budget this in our project. Our goal is to complete this project for the citizens of Cupertino by February 2024. This land has been empty for over 10 years now and we like to see it through. >> We are grateful for your support and partnership on this project. >> Warmest regards,
>> Sayareh Farsio
2 >> Vice President
>> Alan Enterprise, LLC
>> 415‐517‐3755

TAMIEN NATION
Cultural Resources
PO Box 8053, San Jose CA 95155
(707) 295-4011 [email protected]
Standard Monitoring Agreement
Between
Tamien Nation
And
This MONITORING AGREEMENT (“Agreement”) is made and entered into as of

, by and between the Tamien Nation , a Tribe recognized by the California Native
American Heritage Commission (“Tamien Nation”) on the one hand, and (hereinafter "Contractor")
on the other hand. Contractor
are collectively referenced hereinafter as the “Parties".

I. RECITALS
A. Subject Matter: This Agreement concerns the use and/or development of real property located
within the area of California, and which is the subject of development by Contractor. The development is commonly known as , hereinafter referenced as the "Project" and is described in Attachmen
t I of this Agreement. As used herein, the Area of Potential Effect (or APE) includes
.

B. Purpose: The purpose of this Agreement is to establish fee schedules and terms for the use
of Tamien Nation tribal monitors for the Project; establish protocols for the relationship betw
een Tamien Nation and the Contractor; formalize procedures for the treatment of Native American
human remains, grave goods, ceremonial items and any cultural artifacts, in the event that any are found in conjunction with the Project's development, including archaeological studies,
excavation, geotechnical investigations, grading and any ground disturbing activity. This Agreement
is entered into as mitigation under the California Environmental Quality Act (“CEQA”) and/or the National Environmental Policy Act (“NEPA”) and Section 106 of the National
Historic Preservation Act (“Section 106”), and any such mitigation may be a condition of
approval for said Project.

C. Cultural
Affiliation: The Tribe traditionally occupied, and can trace its historical ties to, land
in the Project’s Area of Potential Effect (“APE” or “Project Area”). The Project is within the boundari
es of the Tamien Nation Linguistic Territory. Thus, cultural resources identified in the APE are related to the history and tradition of the Tamien Nation. Tamien Nation has designat
ed its Cultural Resources Department to act on its behalf with respect to the provisions o
f this Agreement. Any Native American human remains, grave goods, ceremonial items, and cultural
items or artifacts that are found in conjunction with the development of this Project sha
ll be treated in accordance with the Provisions of this Agreement.

II. TERMS
A. Incorporation
of Recitals and Attachments: All of the foregoing recitals are accurate and are incorporated in this Agreement by reference. In the event of a conflict between this Agreement and Attachments I and II, the [applicable Attachment ] shall prevail.

B. Term: This Agreement shall be effective as of the date of execution and it shall remain in effect until the Project's completion.

C. Scope of
Services and Specifications: Given the nature and sensitivity of archaeological sites and cultural resources that are or may be within the Project area (a map of which is shown and attached hereto as Attachment I). Tamien Nation shall provide tribal monitoring and consultation for the Project during the archaeological investigations and all ground disturbing activities required
for the Project. Tamien Nation monitors will work in collaboration with the archaeologists and Project engineers hired/employed by the Contractor.

D. Communication: Tamien Nation will be included in all project discussions/decisio ns related
to cultural resources including all schedule communication of ground disturbing activities and additional relevant project related communication upon request.

E. Fee Schedule:

The hourly fee schedule for the use of Tamien Nation monitors and staff is as follows; Native American Monitoring
Trib
al Cultural Resource Officer/
Cultural Resources Director
(4 hour minimum)
Tribal Executives
(4 hour minimum)
Hazard Pay (Hazwoper Certified
Monitor)
*Overtime
Holiday Pay
Cultural Sensitivity Training
Administrative F
ee
$125.00 hourly rate (per monitor)
$200
.00 hourly rate
$225.00 hourly rate
$200.00 hourly rate

1.5 times the hourly rate
2 times the hourly rate
$450.00 per training
15% of Invoice
*Overtime is defined as over 8 hours in a day, over 40 hours in a work wee k, and weekends. Monitors will bill for time on site and one additional hour for reportering per day.

Tamien Nation
shall be reimbursed for all costs associated with travel to and from the Project.

Eligible items
for cost reimbursement shall include, but not be limited to, mileage hotel, and per diem (GSA
rate). Payment Due Net 30; Interest at 1% per month after 30 days.

The Developer agrees to provide the Tribe in writing a minimum five (5) day advance notice in
writing prior to the commencement of ground
disturbing activities. If less than a five (5) day advance notice is provided and a regular monitor cannot be scheduled, the Tribal Cultural Resource Officer, Director, or Executive will be scheduled. The Developer agrees to a $1500 fee per day for ground disturbing activities of unmonitored soil completed without the oversite of a Tribal Monitor or
without prior notification to the Tribe in writing in accordance with the terms of the mitigation measures or conditions of permitting.

Tribal executive initial visit - Senior staff rate at a 4-hour minimum and applicable travel charges will be will be charged at the start of the project and up to one additional visit per month. Any other Tribal executive visits will notify the Client of any additionally intended visits.

Tamien Nation will provide documentation to support the billed amount to the Client with the
invoice.
`

TAMIEN NATION
Cultural Resources
Tamien Nation agrees to provide Contractor the needed contact information in order to comply with this provision. The Coroner shall be asked by the Contractor to determine if the remains are (1) human, (2) prehistoric, and further, the Contractor shall request the Coroner notify the State of California’s Native American Heritage Commission in the event the remains are determined to be Native American. The Contractor will compensate the Coroner for reasonable fees and costs, if applicable and required by the County Coroner’s office.

F. Most Likely Descendant (MLD): The Tamien Nation as the MLD for any Human Remains, Associated Funerary Objects
and Artifacts found within the exterior boundaries of the Tamien Nation Linguistic Territory.

Human Remains have been discovered within the Tamien Nation Linguistic Territory on occasion
and in all of those cases, the Native American Heritage Commission ("NAHC") designated the Tamie
n Nation as the Most Likely Descendent (“MLD”) under California Public Resources Code section 5097.98.

G. Treatment and Disposition of Remains. Where Native American human remains are discovered during the
Project's development, and where Tamien Nation has been designated the Most Likely Descendant (MLD), the following provisions shall apply to the Parties:

I. The Tribe shall
be allowed, under California Public Resources Code
sections 5097.98 (a) and 21083.2 and State CEQA Guidelines section 15064.5 (e), to: (1) inspect the site of the discovery; and (2) make recommendations as to how the human remains and grave goods shall be treated and disposed of with appropriate dignity.

II. The Tribe shall complete its
inspection within twenty-four (24) hours of receiving
notification from either the Contractor or the NAHC, as required by California Public Resources Code section 5097.98 (a). The Parties agree to discuss, in good faith, what constitutes "appropriate dignity" as that term is used in the applicable statutes.

III. Reburial of human remains shall
be accomplished in compliance with the California
Public Resources Code sections 5097.98 (a) and (b) and 21083.2 and State CEQA Guidelines section 15064.5 (e).

IV. The Parties are aware
that Tamien Nation may wish to rebury the human remains and associated ceremonial and cultural items (artifacts) on or near the site of their discovery, in an area that shall not be subject to future subsurface disturbances. Should Tamien Nation recommend reburial of the human
remains and associated ceremonial and cultural items (artifacts) on or near the site of their discovery, the Contractor shall make good faith efforts to accommodate the Tribe's request.

V. The term "human remains" encompasses more than human bones because Tamien Nation traditions periodically necessitated the ceremonial burning of human remains, and monitors shall make recommendations for removal of cremations. Grave goods are those artifacts associated with
any human remains. These items and the soil, in an area encompassing up to two (2)
feet in diameter around the burial, and other funerary remnants and their ashes, are to be treated in the same manner as human bone fragments or bones that remain intact

TAMIEN NATION
Cultural Resources
E. Coordination with County Coroner’s Office: In the event human remains are discovered on or near the Project site during its development, Contractor shall immediately contact the Coroner, the Tamien Nation Tribal Historic Preservation Officer (THPO), the Tribal Chairperson and/ or the Tamien Nation Cultural Resources Director. In order to facilitate this Agreement’s implementation, the appropriate County Coroner’s Office shall be provided a copy of this Agreement either before any earth disturbing activities or upon request of the Tribe.

H. Treatment and Disposition of Cultural Items (Artifacts). Ceremonial items and items of cultural patrimony reflect traditional religious beliefs and practices of the Tribe. Contractor agrees to return all Native American
ceremonial items and items of cultural patrimony that may be found on the Project site t
o the MLD for appropriate treatment, unless Contractor is ordered to do otherwise by a court
or agency of competent jurisdiction. In addition, the Tribe requests the return of all other cultural
items (artifacts) that are recovered during the course of archaeological investigations on or adjacent to the Project site. Where appropriate (from the perspective of Tamien Nation, and agreed
upon in advance by Tamien Nation), certain analyses
of certain artifact types will be
permitted, which may include, but which may not necessarily be limited to, shell, bone, ceramic, stone and/or other artifacts.

I. Ownership Relinquishment. Contractor waives
any and all claims to ownership of
Native American ceremonial and cultural artifacts that may be found on the Project site. If examination of cultural artifacts by an entity or individual other than the MLD is necessary, that
entity or individual shall return said artifacts
to the MLD within thirty (30) days, or any other
agreed upon time frame from the initial
recovery of the items.

J. The Description of Work: Description of work for Tamien Nation monitors for the grading and ground disturbing operations at the Project site is provided in Attachment II to this Agreement and incorporated herein by this reference. Section I of Attachment II specifies the duties and responsibilities of the identified tribal monitoring crew and other specified parties. Section II of Attachment II identifies the geographical area over which the tribal monitoring crew shall oversee cultural resource mitigation and monitoring in accordance with California Public Resources Code section 21083.2 (c) and (k). Sections III and IV of Attachment II mandate compensation of the tribal monitoring crew by the Contractor.

K. Confidentiality.

Unless o
therwise required by
law,
the site of any reburial of Native
American human remains shall not
be disclosed and will not be governed by public disclosure requirements of the California Public Records Act, Cal. Govt. Code § 6250 et seq. The County Coroner shall withhold public disclosure of information related to such reburial pursuant to the
specific exemption set forth in California
Government Code Section 6254(r). Moreover, all
records relative to consultation between the Parties shall be confidential and not subject to
public disclosure as required by the California
Public Records Act, Cal. Govt. Code § 6250 et seq.

L. Severability: If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, unauthorized, annulled, voided or set aside, under present or future laws, the remaining provisions of this Agreement shall remain in full force and effect and shall
not be affected by such provision or by its severance from this Agreement. In the event of any such determination, the Parties shall enter into good faith
negotiations to replace the prohibited or invalid provision with a valid provision, the effect of which comes as close as possible to that of the invalid provision.

TAMIEN NATION
Cultural Resources
Executed by:

Date:

Quirina Geary
Tribal Chairwoman
Date:

Tamien Nation

TAMIEN NATION
Cultural Resources

ATTACHMENT I

TAMIEN NATION
Cultural Resources
Attachment II

NATIVE AMERICAN MONITORING OF GRADING AND GROUND DISTURBING

ACTIVITIES
I. Specifications: Given the nature and sensitivity of the archaeological sites and cultural resources that are in or may be within the Project area, the Tamien Nation, a state recognized Indian tribe and the Most Likely Descendant as identified by the Native American
Heritage Commission, shall provide the tribal monitoring, consultation and facilitation for this Project during the archaeological investigations, and all ground disturbing activities for the Project. Tamien Nation monitors will work in concert with the archaeologists and Project engineers hired/employed by Contractor. The tribal
monitors o
r Project archaeologists will be empowered to halt all earthmoving equipment in the immediate area of discovery when cultural items or features are identified until further evaluation can be made in determining their significance. It is understood that all surface and subsurface artifacts of significance shall be collected and mapped during this operation following standard archaeological practices. After discovery of cultural items or features’ discussions between the tribal monitors and project archaeologist will occur to determine the significance of the situation and best course of action for avoidance, protection of resources, and/or data recovery, as applicable.

II. Project to be Monitored: Monitoring shall encompass the area known as shall be known as the Project area.

It is agreed that
monitoring shall be allowed for all archaeological studies, excavations, and groundbreaking activities occurring in conjunction with the development of the Project. Monitoring shall encompass the area known as
Project and shall be known as the Project area. It is agreed that monitoring shall be allowed for all archaeological studies, excavations, and groundbreaking activities occurring in conjunction with the development of the Project. Contractor agrees to (1) provide adequate means of radio communication between operator and monitors as a safety measures; (2) supply gardening hoes and rakes to thoroughly inspect spoil piles; and (3) if needed, allow for an additional day of work to survey, inspect and remove any exposed cultural items prior to start of construction. changes, (e.g., inadvertent discoveries of cultural resources, simultaneous ground disturbance of multiple areas, and/or excavation of a large area reducing/restricting the Tribal monitor visibility) additional tribal monitors may required. Developer agrees to directly compensate Tamien Nation for all work.

TAMIEN NATION
Cultural Resources
Project Crew Size: The Parties to this Agreement, the need for a tribal monitoring crew size is to be determined by the size of the and scope of the work. Monitors must be able to view all ground disturbing activities. If The compensation rate shall be made directly from Contractor to the Tribe in accordance with Section IV. If human remains are found, the coordination of the reburial of those remains and any associated cultural and ceremonial items shall be conducted in accordance with Sections III and IV of this Agreement.

IV. Compensation: Contractor shall directly compensate the Tribe in accordance with the compensation rates and procedures set forth in Section II.D of the Agreement.

Invoices will be submitted on a monthly basis and shall be paid within 30 days of submittal to assure timely tribal monitor compensation and to further assure that tribal monitoring will not be terminated for the Project. Payment Due Net 30; Interest at 1% per month after 30 days. A minimum half-day charge (“show up” time) shall be charged to Contractor for unannounced work stoppages of the tribal monitors that are not due to actions by Tamien Nation.

Invoices shall be billed to:

V. Rights of Access/Stoppage/Consultation Upon Discovery: Contractor shall provide Tamien Nation tribal monitors with unencumbered access to the Project site as reasonably necessary
for the monitors to effectively perform the services required by this Agreement. It is understood that all surface and subsurface artifacts, Native American human remains, funerary objects, items of cultural patrimony, and any other cultural
items shall be treated in accordance with an agreed upon artifact treatment and disposition plan.

After discovery of cultural items or features, discussions between the tribal monitors and project archaeologist will occur to determine its significance and the best course of action for avoidance, protection of resources, and/or data recovery, as applicable.

While determinations will be mostly in the field, Tamien Nation's tribal monitors may need to seek further guidance from the Tribal Historic Preservation Officer (THPO) and/or Most Likely Descendent, Tamien Nation Executive Committee. If this rare occurrence should arise, Tamien Nation reserves the right to request stoppage
of work accordance with State laws.

III.

TAMIEN NATION
Cultural Resources
Where circumstances warrant, the Contractor may be required, at its sole expense, to provide security personnel or remove unnecessary persons from the Project site. For example, where the safety of tribal monitors is at risk due to controversy or other circumstances surrounding a particular Project’s development, security personnel would be provided at the Contractor’s expense and members of the public excluded from the site. Likewise, where the protocol for the treatment of Native American human remains, funerary objects, artifacts, or items of cultural patrimony deems culturally required or appropriate, Contractor agrees unnecessary personnel will leave the site during the relevant time period.

TAMIEN NATION
Cultural Resources
From: [email protected]
To: City Clerk
Subject: Fix the Housing Element Draft
Date: Tuesday, December 20, 2022 1:23:11 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Failure to do so will result in an extended period of loss of local control and continuous increases in housing insecurity and homelessness.

To adequately meet the housing needs of our community, I fully support Cupertino for All’s recommendations to the housing element draft. The organization’s requested changes are as follows:

8. Do not be afraid of building UP rather than only considering building OUT. Cupertino already has a few "high rise" buildings - and could use more, especially along streets that are on transit corridors - so let us use those areas.
[email protected]
10277 Vista Knoll Blvd.

Cupertino, California 95014
From: Jenny Griffin
To: City Council; City Clerk
Cc: [email protected]; City of Cupertino Planning Commission Subject: In Person City Council Meetings
Date: Tuesday, December 20, 2022 3:41:53 PM
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Dear City Council:

I am very concerned to find out the City Council meeting tonight, December 20, 2022, Is not being held in person in our City Council Chambers.

I feel as if the public is being excluded from the City Council process. Why are we not having a hybrid or in-person City Council meeting?
This is very unusual and of great concern that the public cannot see their City Council and their City Council meetings in person.

Please have the City Council meetings set up for hybrid or in person in the future. I am sure then That the public will feel they are being included in the City Council process.

Thank you.

Sincerely,
Jennifer Griffin
From: Connie Cunningham
To: Austin Donna
Cc: Neil Park-McClintick; Cupertino City Manager"s Office; City Clerk; City Council; membership Subject: Re: Comprehensive redo of housing element draft needed Date: Tuesday, December 20, 2022 3:06:20 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Donna, I agree! Thank you Cupertino For All, and Neil ! Connie Cunningham
On Dec 20, 2022, at 2:54 PM, Donna austin <[email protected]> wrote:

This is an excellent housing element
Guideline for our city of Cupertino. Thankyou Cupertino For All and Neil! Donna Austin
Sent from my iPhone
On Dec 20, 2022, at 2:44 PM, Neil Park-McClintick <[email protected]> wrote:

To:

City Clerk Kirsten Squarcia
Councilmember JR Fruen
Mayor Hung Wei
Councilmember Liang Chao
Councilmember Kitty Moore
City Manager Pamela Wu
Councilmember Sheila Mohan
Comprehensive redo of housing element draft needed
From the beginning of the housing element update process, community members have repeatedly demanded an ambitious, honest, and conforming process from the City of Cupertino. This means a resulting product that realistically outlines a path forward for not only building 4,000+ homes, but also transforming the affordable housing landscape for families across all incomes and backgrounds. However, this outcome is only achievable if the leadership of Cupertino truly believes that the HE update is a unique opportunity of a lifetime, rather than a burdensome task. The recently released housing element draft unfortunately seems to indicate the latter rather than the former. If we wish to preserve any hope of dictating our own future as a community, Council and staff must conduct a comprehensive redrafting process, with the following changes:

Cupertino’s current draft introduces few new policies, instead relying almost entirely on our existing ones, which have obviously failed to meet our housing needs. Additionally, the draft unnecessarily restricts proposed policies, such as only limiting parking requirements for SROs and studios, instead of applying a reduction in parking to all new homes. a.

Sample 1: Adaptive Re-use. The City will examine
opportunities to allow for the adaptive reuse/conversion or replacement of vacant or underperforming commercial spaces and parking structures to residential units. The City will analyze the feasibility of an Adaptive Reuse Ordinance that would target the conversion of select types existing structures and of spaces that may include ground-floor retail in an existing mixed-use structure, part or all of an office building or parking structure
b.

Sample 2: Live/Work Units. Assess existing Live/Work
regulations to see if any modification needs to be made to encourage development of Live/Work units in an effort to diversify the City's housing types. Encourage the development or conversion of affordable live/workspace units, and ensure owners of existing Live/Work units are aware of the
Homebuyer Assistance Program available for their unit when marketing their unit for resale, in an effort to expand affordable homeownership options.
c.

Sample 3: Family Friendly Housing. Promote housing designs and unit mix to attract multigenerational households by encouraging developers to include housing features and more bedrooms (including four-bedroom units), as well as other on- site amenities, such as usable outdoor open space for
multigenerational use, and multipurpose rooms that can be used for after-school homework clubs, computer, art, or other resident activities.
d.

Sample 4: The creation of a tenant relocation assistance ordinance. r more rental units have been displaced because of renovations, redevelopment, and similar activities. The City’s ordinance is intended to help lower income households with moving costs, deposits, and securing replacement housing. e.

Performance Metric(s) # of rental units renovated; # of special need units assisted; Amount of Funds Expended
f.

Sample 6: Resident Engagement. The City will evaluate its current committees and commission membership to
determine if the membership is reflective of the socio- economic and racial mix of Cupertino or if there are any missing voices. If it is determined, there are missing voices, the City will enhance its outreach efforts to encourage residents from all socio-economic groups and racial
backgrounds to serve on committees and commissions when position become available. The City will investigate the restructuring of the Housing Committee to ensure that the committee has at least one member that resides in a BMR unit, at least one member that is a tenant, and at least one member that is a homeowner.
g.

Sample 7: . Prohousing Designation. The City will seek a Prohousing Designation from the California Housing and
Community Development for enacting favorable zoning and land use policies, policies to accelerate the production of housing, reduction of construction and development policies, and providing financial subsidies. The Prohousing
designation will provide incentives, in the form of additional points or preferences in the scoring of competitive
applications for housing and infrastructure.

3. Needs Analysis: The needs analysis is woefully inadequate for the unique housing context of Cupertino, with no references to the extreme unmet housing needs of our daytime residents–instead choosing to focus on those who already can afford to live here. In particular, we see tremendous housing struggles among De Anza college students, adjunct faculty, teachers, low-wage workers, non-profit workers, young adults, and seniors. For example, Cupertino severely lacks in apartments and smaller units that would be ideal for a young professional or community college student. Additionally, with regard to AFFH, our draft does not provide a realistic assessment of segregation in our region; we know that Cupertino has one of the lowest Latino/Latinx populations of surrounding cities–of just 3-4% compared to San Jose’s 30%. As such, one of our intended outcomes should be to bridge this gap and greatly increase housing opportunities for Latino, Black, and Southeast Asian communities of color.

We should be planning our housing future around the reduction of car reliance and the promotion of our Climate Action Plan 2.0.

7. Timeline: Cupertino is last in the entire county and will no doubt lose local control under the builder’s remedy. Council should direct its staff and consultant team to focus entirely on more-or-less redoing the housing element draft as quickly as possible. The community would like to see an actual timeline and plan of action for achieving an ambitious housing element in a short period of time.

8. Rezoning of Vallco: The Rise (formerly Vallco) is the most important project for the City to meet its RHNA. It includes more than half of the City’s total RHNA and 136% of its low income units. One impediment is that the current GP and zoning do not allow for a feasible project. While the SB 35 approval is currently in effect, if it were to lapse, the current GP/zoning designations are too restrictive and no project would occur. To be consistent with other housing element inventory sites, the City should amend the General Plan and zoning to be consistent with The Rise project. Strategy HE-1.3 that would make a residential-only project available “by right” is insufficient. The HE assumes that half of the units will be affordable, but that is only feasible if there are other supporting uses to help pay for the high cost of affordable housing, such as office space.

9. Improving fee reduction language: The HE makes clear that the City’s impact fees are both very high and an outlier in the region. This can inhibit the proliferation of new housing and deter affordable projects. One of the HE strategies calls for a reduction in fees, but does not establish a clear path forward for which fees would be reduced or which steps would be taken. Additionally, fee waivers beyond parkland fees should be readily permissible in cases of affordable housing projects. As a whole, the fee regime should be thoughtfully restructured and reevaluated to strike a balance between fulfilling important city functions, while not impeding new housing development.

Members across the community look forward to working with this new council and City Manager’s office to produce an ambitious housing element update that matches the innovation and ambition of our great town.

Sincerely,
Neil Park-McClintick
Chair, Cupertino for All
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From: Donna austin
To: Neil Park-McClintick
Cc: Cupertino City Manager"s Office; City Clerk; City Council; membership Subject: Re: Comprehensive redo of housing element draft needed Date: Tuesday, December 20, 2022 2:55:19 PM
Attachments: CFA_HEDRAFT_Feedback.pdf
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1. Site Inventory: Reduce reliance on pipeline projects, expand the number of planned units in the “heart of the city,” and avoid planning homes that are unlikely to be built.

Nearly ⅔ of the planned inventory is pipeline projects, with roughly 80% of those projects being Vallco and the Hamptons. The Hamptons in particular is unlikely to actually be built out as 600 units, given no recent developer interest and recent renovations from Irvine Company. Meanwhile, less than 5% of the inventory is composed of the heart of the city, the main portion of Cupertino, where most development should be slated.

Sample 1: Adaptive Re-use. The City will examine opportunities to allow for the adaptive reuse/conversion or replacement of vacant or underperforming commercial spaces and parking structures to residential units. The City will analyze the feasibility of an Adaptive Reuse Ordinance that would target the conversion of select types existing structures and of spaces that may include ground-floor retail in an existing mixed-use structure, part or all of an office building or parking structure b.

Encourage the development or conversion of affordable live/workspace units, and ensure owners of existing Live/Work units are aware of the Homebuyer Assistance Program available for their unit when marketing their unit for resale, in an effort to expand affordable homeownership options.
c.

Sample 3: Family Friendly Housing. Promote housing designs and unit mix to attract multigenerational households by encouraging developers to include housing features and more bedrooms (including four-bedroom units), as well as other on-site amenities, such as usable outdoor open space for multigenerational use, and multipurpose rooms that can be used for after-school homework clubs, computer, art, or other resident activities.
d.

Sample 5: Rental Preservation Program. The City will provide low interest rate loans to existing rental property owners to improve the habitable condition(s) of their rental units occupied by very low, low and moderate- income tenants. Performance Metric(s) # of rental units renovated; # of special need units assisted; Amount of Funds Expended
f.

Sample 6: Resident Engagement. The City will evaluate its current committees and commission membership to determine if the membership is reflective of the socio-economic and racial mix of Cupertino or if there are any missing voices. If it is determined, there are missing voices, the City will enhance its outreach efforts to encourage residents from all socio-economic groups and racial backgrounds to serve on committees and commissions when position become available. The City will investigate the restructuring of the Housing Committee to ensure that the committee has at least one member that resides in a BMR unit, at least one member that is a tenant, and at least one member that is a homeowner.
g.

Sample 7: . Prohousing Designation. The City will seek a Prohousing Designation from the California Housing and Community Development for enacting favorable zoning and land use policies, policies to accelerate the production of housing, reduction of construction and development policies, and providing financial subsidies. The Prohousing designation will provide incentives, in the form of additional points or preferences in the scoring of competitive applications for housing and infrastructure.

Additionally, with regard to AFFH, our draft does not provide a realistic assessment of segregation in our region; we know that Cupertino has one of the lowest Latino/Latinx populations of surrounding cities–of just 3-4% compared to San Jose’s 30%. As such, one of our intended outcomes should be to bridge this gap and greatly increase housing opportunities for Latino, Black, and Southeast Asian communities of color.

7. Timeline: Cupertino is last in the entire county and will no doubt lose local control under the builder’s remedy. Council should direct its staff and consultant team to focus entirely on more-or-less redoing the housing element draft as quickly as possible. The community would like to see an actual timeline and plan of action for achieving an ambitious housing element in a short period of time.

The HE assumes that half of the units will be affordable, but that is only feasible if there are other supporting uses to help pay for the high cost of affordable housing, such as office space.

Sincerely,
Neil Park-McClintick
Chair, Cupertino for All
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From: Neil Park-McClintick
To: Cupertino City Manager"s Office; City Clerk; City Council Cc: membership
Subject: Comprehensive redo of housing element draft needed Date: Tuesday, December 20, 2022 2:45:12 PM
Attachments: CFA_HEDRAFT_Feedback.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

To:

1. Site Inventory: Reduce reliance on pipeline projects, expand the number of planned units in the “heart of the city,” and avoid planning homes that are unlikely to be built.

Sample 1: Adaptive Re-use. The City will examine opportunities to allow for the adaptive reuse/conversion or replacement of vacant or underperforming commercial spaces and parking structures to residential units. The City will analyze the feasibility of an Adaptive Reuse Ordinance that would target the conversion of select types existing structures and of spaces that may include ground-floor retail in an existing mixed-use structure, part or all of an office building or parking structure b.

Sample 3: Family Friendly Housing. Promote housing designs and unit mix to attract multigenerational households by encouraging developers to include housing features and more bedrooms (including four-bedroom units), as well as other on-site amenities, such as usable outdoor open space for multigenerational use, and multipurpose rooms that can be used for after-school homework clubs, computer, art, or other resident activities.
d.

Sample 6: Resident Engagement. The City will evaluate its current committees and commission membership to determine if the membership is reflective of the socio-economic and racial mix of Cupertino or if there are any missing voices. If it is determined, there are missing voices, the City will enhance its outreach efforts to encourage residents from all socio-economic groups and racial backgrounds to serve on committees and commissions when position become available. The City will investigate the restructuring of the Housing Committee to ensure that the committee has at least one member that resides in a BMR unit, at least one member that is a tenant, and at least one member that is a homeowner.
g.

Sample 7: . Prohousing Designation. The City will seek a Prohousing Designation from the California Housing and Community Development for enacting favorable zoning and land use policies, policies to accelerate the production of housing, reduction of construction and development policies, and providing financial subsidies. The Prohousing designation will provide incentives, in the form of additional points or preferences in the scoring of competitive applications for housing and infrastructure.

7. Timeline: Cupertino is last in the entire county and will no doubt lose local control under the builder’s remedy. Council should direct its staff and consultant team to focus entirely on more-or-less redoing the housing element draft as quickly as possible. The community would like to see an actual timeline and plan of action for achieving an ambitious housing element in a short period of time.

The HE assumes that half of the units will be affordable, but that is only feasible if there are other supporting uses to help pay for the high cost of affordable housing, such as office space.

Sincerely,
Neil Park-McClintick
Chair, Cupertino for All
From: [email protected]
To: City Clerk
Subject: Fix the Housing Element Draft
Date: Tuesday, December 20, 2022 1:23:11 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Failure to do so will result in an extended period of loss of local control and continuous increases in housing insecurity and homelessness.

To adequately meet the housing needs of our community, I fully support Cupertino for All’s recommendations to the housing element draft. The organization’s requested changes are as follows:

Cupertino, California 95014
From: Neil Park-McClintick
To: Cupertino City Manager"s Office; City Clerk; City Council Cc: membership
Subject: Comprehensive redo of housing element draft needed Date: Tuesday, December 20, 2022 2:45:12 PM
Attachments: CFA_HEDRAFT_Feedback.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.