Youtube and Zoom Transcription - 02/03/2026
https://youtube.com/playlist?list=PLTliH-
kfVKoaFbF_1rqa0t03TPGD8vFM8&si=zPlVRJJDLneXqj9b
WEBVTT
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Community Hall: Super helpful.
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Community Hall: God.
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Community Hall: the… Yes, exactly.
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Community Hall: Amber.
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Community Hall: Mayor? Mayor?
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Community Hall: Good evening. It is 647. I call this February 3rd, 2026 regular meeting of the Cupertino City Council to order.
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Community Hall: If you are able to, please rise for the Pledge of Allegiance. 8 00:01:59.010 --> 00:02:11.470
Community Hall: I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
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Community Hall: Nope.
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Community Hall: Right, thank you. Madam City Clerk, will you please call the roll? 11 00:02:17.190 --> 00:02:20.539
Community Hall: Councilmember Fruen? Here. Councilmember Mohan? 12 00:02:20.690 --> 00:02:25.660
Community Hall: Here. Councilmember Wong? Here. Vice Mayor Chao? Here. Mayor Moore? 13 00:02:25.790 --> 00:02:29.709
Community Hall: Present. Madam City Attorney, are there any closed session reports? 14 00:02:31.890 --> 00:02:51.419
Community Hall: Good evening, Council. Mayor. We did not have a closed session this evening, so nothing to report. Thank you. All right, thank you. Quick note, our next City Council meeting is moved due to holidays to Thursday. Yes, that's Thursday, February 19th, 2026, so please mark your calendars. Next, we move on to Item 1, Ceremonial items.
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Community Hall: This is a recognition of the STEM winners from the City of Cupertino who participated in the Santa Clara County 2025 Synopsys Championship Science Fair.
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Community Hall: This is an opportunity to congratulate our STEM winners from the Science Fair. You can read about the projects they received their awards for on the Synopsys website, but be warned that these are really technically advanced, with titles like…
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Community Hall: Neuropod, an Arduino-based mastoid EEG device integrating reinforcement learning for tracking neurodegenerative diseases, as an example. So, we are very proud of our students, and we would like to 18 00:03:33.360 --> 00:03:40.360
Community Hall: bring Forrest Williams, board member from the Santa Clara Valley Science and Engineer Fair Association.
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Community Hall: up to speak for about 3 minutes, and then we'll bring up the, the STEM winners for a photo. Additional members that we have in attendance are Veena Jain, Board President, Sandra Netich.
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Community Hall: board member, and Catherine Jarvis, the Public Relations Committee Volunteer. And welcome, Forrest. Well, thank you. Thank you so much. 21 00:04:03.480 --> 00:04:16.920
Community Hall: On behalf of the Santa Clara Valley Science and Engineering Fair Association, I want to thank the Mayor and the Council Members for recognizing our students. They've put a lot of work in all the projects. 22 00:04:17.120 --> 00:04:21.440
Community Hall: And it's astounding that Many projects. 23 00:04:21.680 --> 00:04:25.360
Community Hall: without the recognition of the City Council. 24 00:04:26.190 --> 00:04:29.750
Community Hall: They just go in a place that, oh, I did this project. 25 00:04:30.250 --> 00:04:31.969
Community Hall: But they are our future.
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Community Hall: They are… Working on projects that defies the imagination at this time.
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Community Hall: We talk about… AI.
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Community Hall: It's just the beginning.
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Community Hall: They are using AI in the projects that they're doing today. 30 00:04:52.580 --> 00:04:56.040
Community Hall: So, it is important that we encourage them. 31 00:04:56.660 --> 00:05:01.519
Community Hall: Oftentimes, We hear of bad things in the community. 32 00:05:02.520 --> 00:05:11.690
Community Hall: And… Everyone reacts. A lot of, activity around those that are… not achieving.
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Community Hall: But the individuals that are achieving, are doing good things in the community, you very seldom hear about them.
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Community Hall: And your recognition of their STEM achievement is significant. 35 00:05:25.720 --> 00:05:26.959
Community Hall: for the future.
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Community Hall: You will realize
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Community Hall: as you age, I'm not saying your age, I'm saying as you look to the future, and look at the opportunities that
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Community Hall: They will provide for the next generation. 39 00:05:46.270 --> 00:05:56.300
Community Hall: you will realize that your recognition is significant in their future. So let's continue to support our children. Thank you. 40 00:05:57.590 --> 00:05:59.070
Community Hall: Thank you so much.
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Community Hall: So, at this time, we would like the STEM Award winners and their 42 00:06:09.690 --> 00:06:15.910
Community Hall: advocates, their staff members who helped them to all come up.
We're going to take a group photo.
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Community Hall: with the council, So, come on up!
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Community Hall: No. What do I do? You think you just…
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Community Hall: And this is Forrest. Okay, and I can hold one for Forrest. This is Forrest.
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Community Hall: Okay, okay. So they're not going to hold a certificate that'll take too long to get out. Yes, we don't do that. So we're just going to hold… we can… Okay, and then I can…
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Community Hall: Okay, so you want to help go pass that out? Yeah. 48 00:07:13.240 --> 00:07:14.390
Community Hall: Got it.
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Community Hall: So… Excuse me, I'm sorry.
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Community Hall: Miracle Road.
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Community Hall: You know, revenue.
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Community Hall: Goodbye.
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Community Hall: I'm gonna come forward? Okay.
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Community Hall: figure out what this is.
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Community Hall: Thank you.
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Community Hall: Good luck.
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Community Hall: Ready?
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Community Hall: Congratulations!
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Community Hall: Of course, if you guys can…
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Community Hall: I don't know. Thanks, Forrest. Thanks, thanks so much. Good job. 61 00:09:37.380 --> 00:09:49.309
Community Hall: Okay. Okay, the STEM awardees, please meet in the foyer in order to receive your certificates. Thank you very much.
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Community Hall: Let's give him a moment to move… okay.
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Community Hall: Madam City Clerk, do we have any postponements and orders of the day?
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Community Hall: No postponements, Mayor. Okay, so we'll give a brief pause. 65 00:10:18.510 --> 00:10:20.609
Community Hall: To our award winners.
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Community Hall: Okay, while we have a moment, if you do have a sign, please remember to keep it low so the people behind you are… don't have their view blocked. That's much appreciated.
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Community Hall: And also, I know a number of you have already been here, you know, our applause rules, basically, that we want to make sure that everybody feels welcome to speak, so…
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Community Hall: Please refrain from applause.
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Community Hall: They're doing the hands?
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Community Hall: Okay, so next we move on to oral communications, and I do want to mention that according to our Council Procedures Manual, non-agenda matters, including Council and staff reports, may be addressed by the public during oral communications. Madam City Clerk?
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Community Hall: Will you open up oral communications and provide the instructions? 72 00:11:23.960 --> 00:11:25.070
Community Hall: Certainly.
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Community Hall: This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion.
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Community Hall: Rural communication shall be limited to 30 minutes. Additional speakers wishing to comment on non-agenda items may be given time to speak at the end of the agenda after the City Manager's report. Individual speakers are limited… 75 00:11:45.680 --> 00:11:54.940
Community Hall: to 3 minutes. As necessary, the chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first-come…
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Community Hall: first-herb basis, with priority given to students. In most cases, state law will prohibit the Council from discussing or making any decisions, or decisions with respect to a matter not listed on the agenda. 77 00:12:07.980 --> 00:12:26.010
Community Hall: A council member may, however, briefly respond to statements made or questions posed by speakers. A council member may also ask questions for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.
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Community Hall: Madam City Clerk, how many speaker cards do we have at this time? 79 00:12:36.580 --> 00:12:39.949
Community Hall: And recall that this is for non-agendized items. 80 00:12:40.160 --> 00:12:42.690
Community Hall: If you're here to speak on something…
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Community Hall: On the agenda, you'll need to speak during that item. 82 00:12:56.480 --> 00:13:07.979
Community Hall: Mayor, at this time, I am seeing two blue speaker cards for oral communications in Community Hall, and at this time, I am not seeing any raised hands remotely.
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Community Hall: Okay. So the first speaker we have for oral communications is Rhoda Frye, followed by Connie Cunningham.
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Community Hall: Welcome, Rhoda!
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Community Hall: Hi, good evening, Councilmembers. I attended a county planning commission last week, and so I wanted to give you an update as to the things I learned. One of the things that I talked about, and then it's all about the quarries.
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Community Hall: As you may know, we've had, I would say it's a public nuisance of traffic, emanating from the aggregate operations at Lehigh. There's also aggregate operations at Stevens Creek Quarry. Stevens Creek Quarry has assigned truck… truck traffic hours.
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Community Hall: But Lehigh does not. It's also… now it's known as Heidelberg Cement.
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Community Hall: And it is a public nuisance, and I believe that they are not vested. The county disagrees with me. I sent the city attorney, and I think you guys, information on why I believe that, but I really think that we need to step up our game, because the county is not going to be there to watch out for us. 89 00:14:18.480 --> 00:14:26.199
Community Hall: pretty much the reaction was, and there were two speakers, regarding this, was, so sad, too bad. Okay?
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Community Hall: So that's my ask tonight on that. Otherwise, I have information for you. You know, the… with the reclamation plan for Lehigh, we're still tracking at probably 600 trucks a day for 30-some-odd years. It's not really… 91 00:14:40.760 --> 00:14:49.410
Community Hall: particularly practical. I think it was, like, what was it, 30, 40 million tons of… truck stuff.
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Community Hall: But we also have a similar, concern regarding, Stevens Creek Quarry. Stevens Creek Quarry, they are looking at also trucking and materials. I had in my paperwork that I sent you in the, in the, yeah, there it is. Between 11.7 and 20.5 cubic.
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Community Hall: million yards of, fill, and so that's in addition to the 30s, 30 or 40-some-odd from Lehigh. So we're looking at a lot of, nuisance. 94 00:15:19.420 --> 00:15:37.869
Community Hall: But the thing that I found that was most alarming, and I have a little picture here, I don't know how well you can see it, Stevens Creek Quarry is surrounded on, pretty much all sides, except for the road, by Heidelberg property.
And, what Stevens Creek Quarry intends to do is to.
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Community Hall: Move into somewhat of the… Two parcels on the right and two parcels on the left.
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Community Hall: Two of those parcels happen to be in jurisdictional Cupertino. 97 00:15:47.700 --> 00:15:49.410
Community Hall: And
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Community Hall: at the meeting, they said, well, those… Cupertino doesn't allow mining, so those… that property would need to be annexed from Cupertino into the county, LAFCO would be involved, and…
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Community Hall: this is the first I've heard of it. The other piece, just so you know, there already is a piece of
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Community Hall: land that is owned by Stevens Creek Quarry, that is within the… that is in jurisdictional Cupertino, and it is under county 101
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Community Hall: county peer review under State Mining and Reclamation Act, so we're not part of that. Thanks. Thank you, Rhoda.
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Community Hall: Next up, we have Connie Cunningham. Welcome, Connie. 103
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Community Hall: And just as a reminder to the members of the public wishing to speak under oral communications, tonight, please raise your hand virtually within the next five and a half minutes. Okay, welcome, Connie. Thank you. Honorable Mayor, Vice Mayor, Council Members, City Manager.
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Community Hall: And all here in the audience, in the room, and on Zoom. My name is Connie Cunningham, Chair of the Housing Commission, speaking for myself only. 105
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Community Hall: It is really wonderful to have this time at Council meetings to express information that is important for residents.
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Community Hall: The Mercury News Today had an article today about a protest in San Jose, Monday, yesterday. Under the topic.
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Community Hall: Super Bowl, week. It was about a protest rally against ICE immigration raids. The juxtaposition is jarring.
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Community Hall: Okay. Can you put that up on the screen? 109
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Community Hall: Excuse me, I have attended and been heartened by rallies and protests against ICE
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Community Hall: and expressing support to protect immigrants. But I have been afraid recently that California is going to become a target for ICE raids, because overall, we are a blue state. And there is the Super Bowl attracting people from all over the country.
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Community Hall: Immigrant workers and sports fans can be… 112
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Community Hall: excuse me, targeted. Fortunately, I heard about the Santa Clara County Rapid Response Network.
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Community Hall: RRN training last month at our Cupertino Library. It helped a lot to have the knowledge and techniques to use in this scary situation. 114
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Community Hall: That is my reason to be here tonight.
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Community Hall: This phone number is the one you call in Santa Clara County to alert the Rapid Response Network of something that needs their attention. 408-290-1144.
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Community Hall: Rapid Response Network offers legal defense, observation of ICE operations, and accompaniment to ICE appointments.
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Community Hall: Again, that's 408-290-1144. You can put the number in your phone. I also have a few of the yellow cards that are handed out that you could carry with you if you prefer.
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Community Hall: The Rapid Response Network, Rebecca Amer… Armendariz said. 119
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Community Hall: Our community is ready. Every day, we have dozens of new allies and community members signing to speak up, to bear witness, and to protect their community from attacks. From ICE, from DHS, we're ready, and we're out there. 120
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Community Hall: Thank you for this time to alert people if they didn't already know about this problem in our city, because we are so very close to Santa Clara. Of course, we're in Santa Clara County, but close to the Super Bowl. 121
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Community Hall: Thank you.
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Community Hall: Thank you, Connie.
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Community Hall: Mayor, we'll move to, the virtual attendees wishing to speak under oral communications. Right now, we have two hands raised. We have Peggy Griffin, followed by San Rao.
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Community Hall: If anyone else would like to speak under this item, please raise your hand, or submit a Blue Speaker card in the next two and a half minutes.
Welcome, Peggy.
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Community Hall: Thank you. I apologize, Peggy, I kept muting you. Welcome, Peggy. 126
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Peggy Griffin: Can you hear me?
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Peggy Griffin: Good evening, Mayor Moore, Vice Mayor Chao, Council Members, and staff.
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Community Hall: Peggy is unmuted, but we cannot hear her. 129
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Community Hall: Oh.
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Peggy Griffin: Can you hear me?
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Community Hall: We can hear you now. Okay. Welcome.
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Peggy Griffin: Welcome, thank you. Good evening, Mayor Moore, Vice Mayor Chow, Council Members, and staff. I want to thank Rhoda Fry for continually monitoring the quarry situation on the west side of town.
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Peggy Griffin: my husband and I recently went hiking at Stevens Creek County Park, and this was like a weekend, and before we got from
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Peggy Griffin: the intersection of Stevens Creek and Foothill to the park, we encountered 6 trucks.
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Peggy Griffin: that's not a long distance. I don't know that if it's even a mile from that intersection to the entrance to the park.
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Peggy Griffin: So, I can't imagine what the residents along that path are encountering, but It worries me that
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Peggy Griffin: They want to change the boundary of Cupertino, the jurisdictional Cupertino. Just because you move the boundary doesn't mean that the impact 138
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Peggy Griffin: is less significant.
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Peggy Griffin: So… I hope…
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Peggy Griffin: That you listen to her and do anything you can to mitigate the situation. Thank you.
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Community Hall: Thank you, Peggy.
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Community Hall: Next, we have San Rao. Welcome, San.
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San Rao: Good evening, Mayor Barr, Vice Mayor Chao, and Councilmembers. Along with Rodo Frye, I spoke at the County Planning Commission meeting on the topic of the quarries. I am directly impacted, along with my neighbors that live adjacent and near to the quarry.
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San Rao: And we face not only the truck traffic, but also the… 145
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San Rao: unearthly hours at which the truck traffic is being run on Stevens Creek and Fortel, particularly towards Lehigh. I raised the topic with the County Planning Commission around the
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San Rao: hours of operation, Stevens Creek Quarry runs, I believe, a conditional use permit that requires the trucks to operate after 6 or 6.30 a.m, and on weekdays only, there is no such conditions of operations for the Lehigh Quarry. I'm requesting City Council members to work with the
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San Rao: with the county to be able to put in place restrictions that limit the hours when trucks are operated. We'd like to not have trucks running at 3 a.m. and 4am in the morning. The trucks are also speeding increasingly on Foothill. It's a 30-mile-per-hour road on Foothill as it heads south of Stevens Creek. 148
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San Rao: And, it's not… it's not uncommon to find them driving 40, 45, and… and even to have them sort of tailgate you if you go any slower. So, I urge council members to not just fulfill their duties within the city, but to engage actively with the county
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San Rao: And apply restrictions on the quarry's hours of operations for trucks, but also to not allow for any reverse annexation of city parcels 150
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San Rao: Back into the county.
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San Rao: We require that land to be protected. We have insurance problems for residents that are unable to get insurance in those areas. We cannot have the county taking on land and then going after projects in that space. It is just not feasible, nor is it feasible to expand
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San Rao: quarry or mining operations any further, so thank you for your attention, to the quarry issues and the county issues. Thank you.
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Community Hall: Thank you, Sam.
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Community Hall: That concludes our request to speak, virtually. We did have one speaker card that was submitted after the 9-minute cutoff. Okay, all right. Thank you, Madam City Clerk. I do have a quick question for our City Manager. Perhaps you have
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Community Hall: A strategy idea for what we can,
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Community Hall: potentially do with regards to the quarry and the attempt to have a quarry expansion, and whether or not, or how we could strategize approaching the county with regards to their belief that they have a vested right, at Lehigh, and, and don't have any hours of, of operation, like the Stevens Creek Quarry for their truck traffic.
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Community Hall: Do you have, perhaps, some suggestion whether we have an informational memo or agendize it for a study session?
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Community Hall: Yeah, I believe we can start with an info memo. I did receive the information from the member of the public raising these concerns, so I'm looking at that with staff. And, you know, we can certainly start with an informational memo. 159
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Community Hall: And if there's an interest in having a study session to further discuss that, you and I can place that on an agenda at a future meeting as well.
Okay, and for info memos, it's… I still need a seconder on that, is that correct, Madam City Attorney?
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Community Hall: If it's going to take a certain amount of hours to investigate, then I think you do. If it's less than that, then I think it can easily be requested.
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Community Hall: Well, not knowing that, could I… may I have another council member? Second. Yeah. Thank you. Okay. Also, I'd like to request that 162
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Community Hall: The city sent a letter to the county objecting to the changing of the property. I wonder, do they need our approval to change our border? And if they can change that property line, why don't we just request to annex the query? 163
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Community Hall: So it's impacting us, it should be under our control, totally. 164
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Community Hall: We should definitely look into that.
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Community Hall: I would like to add, we should probably do something with LAFCO, too, as well.
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Community Hall: Okay, so staff has some pretty clear direction there. So, Madam City Clerk, next we move on to consent. Have there been any items pulled from consent?
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Community Hall: Mayor, we do have two requests from the public to speak. To speak on consent? Okay. But nothing… no Councilmembers have pulled anything. Okay, and would Council wish to pull any items at this time?
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Community Hall: Okay, hearing none, Madam City Clerk, let's take the public comments now for the consent calendar.
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Community Hall: Okay, so, I have two, requests to speak under the consent calendar for Rhoda Fry for two different items. I…
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Community Hall: Believe she would…
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Community Hall: So I take it this is Mary Avenue?
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Community Hall: This is under the consent calendar. You have speaker cards for item number 2 and item number 3 under the consent calendar. I'm sorry. Okay. I got my numbers mixed up. Okay, I think… thank you, Rhoda.
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Community Hall: So there's no further comment cards? No further requests to speak, no more blue speaker cards, and I do not see any hands raised virtually to speak on the consent calendar. Motion to approve consent.
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Community Hall: Okay, so I have a motion from, Councilmember Wong to move consent.
Do I have a second?
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Community Hall: I'll second it. Okay, thank you. Councilmember Mohan seconds. Do we have any comments on the consent calendar at this time? 176
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Community Hall: Hearing none, Madam City Clerk, will you please conduct a vote? 177
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Community Hall: The motion carries unanimously.
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Community Hall: Great.
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Community Hall: Thank you. Okay, so now we move on to public hearings. The item is Item 8, the Mary Avenue Villas, a proposed 40-unit affordable housing project on public property with 19 units dedicated to the intellectually developmentally disabled, and 21 units reserved for extremely low.
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Community Hall: very low and low-income residents of the community. We'll hear a staff report, take council questions, open the public hearing for comments. If we do have an applicant, presentation, they would be able to provide that after the staff report.
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Community Hall: We'll take further Council questions, close the public hearing, and then consider actions on the project approval, CEQA exemption, surplus land declaration and the disposition and development agreement. 182
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Community Hall: Madam City Manager, do we have… Well, first, have there been any ex parte communications by the Councilmember since last time we met on this item? 183
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Community Hall: Councilmember Food? Yes, I've spoken with Kathy Robinson of Charities Housing.
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Community Hall: All right, thank you. So we will next have staff presentations. 185
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Community Hall: Madam City Manager, will you please introduce the staff? 186
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Community Hall: Thank you, Mayor, and thank you for the introduction of the item.
As you mentioned, so this item is for the Mary Avenue development, for your consideration.
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Community Hall: Of the development approval and the approval of the DDA, and staff from Community Development Department, John Marteer, Senior Planner, and the legal team are here to present this item. The developer is also present. 188
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Community Hall: And I will turn it over to Floyd to introduce the legal team. 189
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Community Hall: Good evening. I am happy to say that we have, 190
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Community Hall: two attorneys with Alshnar and Winder. We have Michelle Hernandez, she's Deputy City Attorney for the City, and she has been deeply involved in preparing this item for Council and the City to hear. And then we have Anne Lanfar, a senior partner with the firm who has focused her whole career on real estate law.
And she's here to answer any specific, detailed questions that we have about the, 191
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Community Hall: development agreement, the disposition and development agreement.
And before I hand it over, I just want to mention that, we have made a couple of changes. One change we'll be asking on the recommended action section that the Council approve the Disposition and Development Agreement with the change to a 99-year term.
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Community Hall: And that would apply to the term for the affordability covenants. 193
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Community Hall: And it would also, apply to the time when the city would, their right to reacquire, would commence, which would be 99 years from the beginning of the project. And the other change they were, that I'd like to note is on one of the deck, although all the documents
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Community Hall: describe the IDD units, in terms of 19 units that will be restricted for IDD individuals.
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Community Hall: In our declaration, we included a typo which said 18, and that we'll be asking to be changed to 19 when it comes time for the City Council to vote on the item. And I will also mention that we were looking at a declaration on the exemption from the Surplus Land Act.
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Community Hall: And, that item, the City Attorney will be requesting to be postponed until a date in the future.
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Community Hall: Thank you very much, and with that, I hand it over to Our presenters.
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Community Hall: Thank you. Good evening, Mayor, Vice Mayor, Council Members, and Cupertino community at large. I'm John Marteer, I'm Senior Planner with the City of Cupertino's Plan, Plan Division within the Community Development Department, and I will be one of two presenters, for staff on this project. 199
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Community Hall: The subject has been, read by the mayor already and described, in further detail by the city attorney, as well as the city manager, so I will move on from this slide, and just give you a very brief background onto the project. 200
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Community Hall: So again, as we had described in prior council meetings, whether in study session or not, this project,
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Community Hall: was originally thought of during the fiscal year of 2021… 2020 and 2021, and the City Work Program to prioritize engaging with film and fabric organizations, develop the
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Community Hall: ELI, housing for the IDD population, and moving on to the following, Council Work program, this was narrowed down to city-owned property. 203
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Community Hall: In the very end right away.
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Community Hall: After an RFP was, was sent out, in 2022, the one respondent was Charity's Housing. So since 2022, the City has been, working with Charities Housing to develop this site in accordance with the City Work Program item. 205
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Community Hall: In July 2024, this site was added to the housing element as site… HE Site Number 10, and the general plan was amended, to… 206
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Community Hall: Move this from a transportation, a land density to a high, very high density, specifically with this site, to 50 to 65 dwelling units per acre. 207
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Community Hall: Charities Housing, submitted, its development application, ASA 2025006, for the 100% Affordable Residential Housing project on April 3rd, 2025. 208
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Community Hall: So, a little bit about the…
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Community Hall: Project description, 40-unit, 100% affordable special needs housing project, with 19 units specifically, restricted towards the, to the IDV population. 210
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Community Hall: At least, again, at least 45%, in this case 19. 211
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Community Hall: Affordability will range between 30% and 60% in AMI. 212
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Community Hall: The project is two separate buildings, two-story… 213
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Community Hall: Each are gonna be two stories, with, 22 parking stalls on-site in between each building.
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Community Hall: With a net lot area of .76 acres.
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Community Hall: The… Parcel itself is…
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Community Hall: very narrow, it's about 36 feet wide, on average, and about approximately a little over 800 square feet long… I'm sorry, 800 feet long. This is the existing, area of which the site will be developed. You see this is taken looking south, from the edge of the Mary Avenue Dock Park. 217
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Community Hall: And this is a civil drawing of the area. You can see because of the length of the parcel, it had to be broken in two. The top half… the top is, the northern half, the bottom is the southern half. You can see the dotted, the dotted lines are essentially the area which will be,
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Community Hall: affected by the project in terms of, roadway reconfiguration. The darker area above the parking.
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Community Hall: is where Approximately where the, the…
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Community Hall: do sidewalk will be, as well as bike lanes and whatnot. The red areas is the parcel line, so this is where the buildings will go. This is the city-owned parcel, and that is, proposed for the development. 221
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Community Hall: So, overall, the right-of-way modifications will necessitate a net loss of approximately 89 parking spaces.
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Community Hall: The parking space on the west side of the Mayor Avenue in parallel.
However, parking on the east side of Mayor Avenue, directly across from the project, will be removed. The vehicle travel lanes will go from approximately 11.5 feet to 11 feet in width.
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Community Hall: The bicycle lanes, will be maintained, as well as, there'll be an addition of the sidewalk on the west side of Marriott. Currently, there is none. 224
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Community Hall: This is basically a section of the… of the development, with the reconfiguration of Mary Avenue. This is all of the, again, attached to the staff report as part of the project plans. You can see the traveling width of 11 feet. 225
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Community Hall: As well as the 8-foot parking lane for parallel parking from the project, as well as the bike lane sidewalk on the… on the east side of Mary Avenue, with the new, sidewalk, four and a half foot in width.
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Community Hall: On the west side, as well as that hatched area, would be approximately where the building would be.
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Community Hall: In terms of the architecture and design, this is a… 228
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Community Hall: a schematic of what the, what I believe will be the southern building, Building 1 on the project side. We do have the applicant who will be making a presentation as well, and they'll go
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Community Hall: They'll delve deeper into the architecture and programming and site design, probably better than I can in terms of materials used, as well as functionality, of the site and the, type of units that we'll be including, for the population that we move… that could… that we'll be moving in. 230
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Community Hall: In terms of general plan compliance, again, as mentioned earlier, this is a housing element site, and is a priority housing element site. 231
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Community Hall: There's multiple, as mentioned in the staff report. I won't go through each one, but there are multiple housing element policies and strategies that encourage housing for low-income special needs communities. These are listed here on the slide, as well as in the staff report.
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Community Hall: the… Charities Housing is asking for, density bonus waivers and concessions.
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Community Hall: The first is, well, not necessarily a waiver, but it is, density bonus, statutory parking reduction. Because it's a, considered a, special needs or, housing development, they are only required to have .3
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Community Hall: Parking spaces per unit, meaning that the parking spaces that would require would be 12. They are providing 22 on-site.
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Community Hall: The waivers are reduction of front, side, and rear setbacks, as well as a private outdoor space.
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Community Hall: they're also including… they're asking for waivers for the amount of vehicles that are allowed to be parked in the front and side setback, if you're curious. That's… the, municipal can only allow 6. However, in this case, 237
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Community Hall: pretty much all the on-site parking would be within some type of front or side setback.
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Community Hall: And also, the type of bicycle parking, not necessarily the amount, but the type of bicycle parking that they are required to put on site. In this case, instead of having a Class 1 bicycle parking, which, if you don't know what Class 1 is, it's essentially secured by parking that would 239
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Community Hall: have to be put inside of the building. And they're proposing Class 2, which is essentially,
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Community Hall: Bike wrecks.
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Community Hall: Two concessions. The first is for an alternate… alternative to the municipal code's electrical vehicle charging requirement. Instead of the, they were asking to be more consistent with, green building standards rather than the municipal code. However, the…
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Community Hall: The museum code does allow a statutory, not statutory, but an ounce, or a request for a waiver, per code, if the, if… for affordable housing developments, if the
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Community Hall: If the ordinance requirements
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Community Hall: increase the cost of development by $4 a space, that they can request that reduction for the municipal code. However, in this case, they continue to ask for a concession with this requirement.
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Community Hall: And the second concession is to… is the removal of the private artwork on site, or in Luffy, which, at the time of the request, would have been, an extra $200,000 to the… to the development.
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Community Hall: And this, so I'll turn it over to Michelle. 247
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Community Hall: Good evening, Honorable Mayor and City Council members and public at large. I will be walking through some of the procedural aspects of the project.
So, we'll start with the vacation process. So, a non-summary vacation of the public right-of-way is required prior to transfer of title.
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Community Hall: Just as a reminder, title is actually transferred much later in this process, not at this point when we're approving the yay. 249
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Community Hall: The Planning Commission reviews conformity with the General Plan and must provide a finding within 40 days of submission. 250
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Community Hall: Submission is anticipated at this time to be February 10th, 2026.
Council hearing after a 15-day notice of period can occur, and right now that's slated for March 3rd, 2026.
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Community Hall: If Council adopts the resolution, it will be recorded, and that will complete the vacation process.
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Community Hall: Next, we have the Surplus Land Act compliance. So, property must be declared surplus or exempt surplus. In this case, the project was designed from its infancy to meet certain exemptions under the Surplus Land Act. The project has been structured to meet the exemption criteria under Government Code 54221, 253
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Community Hall: F1F, and there are certain requirements that are listed there. That is the general summary. It's for a housing development which restricts 100% of the residential units to households of low or moderate income. 254
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Community Hall: Once the, if the Council finds to approve exemption of the Surplus Land Act, notice must be provided to HCD within 30 days before disposition of the property.
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Community Hall: We will briefly review the city financing for this project. So, the city will provide the following financial assistance. The city's providing the property for a total of $1.
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Community Hall: They are providing a loan under the Below Market Rate Fund in the amount of $3 million.
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Community Hall: A grant will be provided under the CDBG fund, which will total $174,567.37.
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Community Hall: A loan will be provided from city funds that are administered by the county through the PLHA program, and that will be in the amount of $908,683. 259
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Community Hall: Finally, the City is also weaving park development fees in the amount of $2,160,000.
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Community Hall: The project will be subject to a regulatory agreement, which, as the City Attorney noted at the beginning of the presentation, will be a 99-year term.
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Community Hall: The eligibility of tenants will be limited to low, very low, or extremely low-income households, and 19 units will be limited to IDD households. 262
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Community Hall: Priority tenants, will… priority will be given to tenants who qualify through the city's BMR program and meet the criteria already set forth through the BMR program.
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Community Hall: The developer is required to provide ongoing evidence of compliance on an annual basis, and tenants receive notice of the upcoming expiration once the upcoming 99-year term is coming to an end, at least 3 years in advance, and will be provided additional notices for certain time periods between those 3 years and the termination of the regulatory agreement.
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Community Hall: The City has retained an option to reacquire the property at the conclusion of the regulatory agreement. The City will have the option, but not the obligation, to reacquire the property.
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Community Hall: The reacquisition price will be equivalent to fair market value of the improvements at the time of reacquisition, and will specifically exclude the value of the property itself, and the value of any funds that are outstanding under any of the financing being provided by the city.
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Community Hall: And… sorry about that. Upon notice from developer, the city will, receive 12 months to exercise that option.
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Community Hall: Sure, now I have to read in the record of the Environmental Review for this. So, California Government Code 655A3.2I in City Code Section 1912030, the proposed entitlement is not considered projects subject to CEQA. 268
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Community Hall: Development meets all statutory requirements for this exemption, specifically regarding its location on housing on the site. It is programmed as 100% affordable status, and it's with a density of over 20 dwelling units per acre. 269
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Community Hall: However, the proposed EA is not a development project. However, it would facilitate the construction and operation of a future 100% affordable housing development, future development.
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Community Hall: in Cupertino that is exempt from CEQA. The proposed DDA project qualifies for exemption under State CEQA guidelines section 15, 271
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Community Hall: 332, Class 32 infill project, development projects, and as a result, would not have a significant effect on the environment. The notice of exemption was included in your staff report, and we have two representatives from Placeworks. If you have any questions about the CEQA process and that notice of exemption, I will defer to them.
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Community Hall: So the recommended actions are to find the project, in this case DDA, exempt from the California Environmental Quality Act, CEQA, adopt resolution to approving the architectural site approval, adopt a resolution to declaring the property exempt surplus land pursuant to the Surplus Land Act. 273
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Community Hall: Adopt resolution approving the disposition and development agreement.
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Community Hall: And that concludes my presentation.
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Community Hall: Okay, thank you, and you did mention, John, so thank you so much for the report. You did mention there is a presentation from the applicant? 276
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Community Hall: That is correct. Okay, so that would happen at this time. Madam City Clerk, do we allocate 8 or 10 minutes for the applicant? 8 minutes. 8 minutes.
Right.
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Community Hall: Alright, welcome.
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Community Hall: You have 8 minutes.
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Community Hall: Today, Clerk, do you… I will be running the slides, so just… 280
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Community Hall: Nevermind.
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Community Hall: I appreciate you both.
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Community Hall: Good evening, everybody.
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Community Hall: Vice Mayor?
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Community Hall: My name is Kathy Robinson. Oh, excuse me. I am the Deputy Director at Charities Housing Development Corporation. I've been here before, you many times, and I'm really pleased to be back, and
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Community Hall: finally reached this, plateau of having the opportunity to have our development, Mary Avenue Villas, approved by the City Council. 286
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Community Hall: I'm here just to give a brief overview of Charities Housing, and then I will turn it over to the project manager, Andy Leaf, and we have our design team here, and our attorney here, just in case there's questions or other follow-up, that you need.
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Community Hall: Briefly, Charities Housing is a non-profit housing development corporation. We, exclusively, exclusively develop in Santa Clara County. 288
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Community Hall: We develop, own, and manage all of our properties, because we think that is an important continuum of responsibility from beginning to end. We've been in business about going on 40 years, have,
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Community Hall: several hundred… several thousand units in communities throughout Santa Clara County, from Mountain View, Palo Alto, down to South San Jose, and have, more developments under construction currently, and a couple new ones, upcoming to start construction this year.
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Community Hall: probably you know us best because we are the developers from… for the veranda, a senior… affordable senior housing development that was completed a few years ago in Cupertino. There… you can see the… on the slide, it's located on Stevens Creek, across from City Center.
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Community Hall: And, has been…
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Community Hall: very successful and well received by the community, so we really appreciate your supporting us on that, and our ability to continue to contribute through Mary Avenue.
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Community Hall: Thank you.
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Community Hall: Good evening, Council, Mayor, General Public. I will be talking about some specifics on… about the site.
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Community Hall: a little more flavor to it, maybe, than what Mr. Martyr provided. 296
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Community Hall: So, what we have here is an aerial view of the project. We have two buildings, as was mentioned, 22 parking spaces in between. I think we actually went over this pretty well, Mr. Martyr.
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Community Hall: The project information, two… two-story buildings, as has been said.
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Community Hall: We have 39 affordable apartments plus 1 resident manager's unit. 299
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Community Hall: The breakdown is 3 studios, 22 one-bedrooms, 14 2-bedrooms, plus the manager unit.
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Community Hall: The income limits are 20% to 60% AMI.
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Community Hall: Those lower units are for the 19 units. 302
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Community Hall: For the intellectual and developmental disability population. 303
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Community Hall: The floor plans, well, this didn't come out quite as large as I would have liked. I wanted to point out that there is a community room on the first floor of one of the buildings. The room has a meeting room for service providers to meet with clients. We have a kitchen and a refrigerator in there. 304
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Community Hall: There are laundry rooms in both buildings. 305
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Community Hall: There's a indoor interior mail room for secure mail delivery. 306
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Community Hall: And each building has an elevator.
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Community Hall: And all of the units are accessible.
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Community Hall: Adaptable… or accessible, excuse me.
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Community Hall: That's just the other building.
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Community Hall: And I'm going to briefly bring up our architect, Laura Roberts, from Co-Architecture, to speak a little bit about building materials and landscaping.
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Community Hall: Thank you, Andy. Good evening, everybody. So, we brought here today a model that we have developed for studying the elevation of this building, and, we have chosen two, traditional materials. One is stucco, the other one is wood siding.
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Community Hall: And, we, we have mainly emphasized in the corners of the buildings, as you can see in the elevation.
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Community Hall: So these will be the corners. We're using wood siding, and in between, we're using stucco, so that we create articulation in the facade to perceive a more individualized unit perception of each unit, so the building doesn't perceive as a very long, massive building.
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Community Hall: We're also using the wood siding in the center of the building, where the main entry with the elevator in the back is, so that, also this kind of egress and egress or entries of the building are emphasized with this different use of the material.
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Community Hall: there, in the… in the slides, you can also see that's the… 316
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Community Hall: That would be the other side of the building that I don't have here in the model.
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Community Hall: We're also using these, steel, steel, a very, elegant long columns to support a system of trellis, to shade.
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Community Hall: The windows, and create some sort of privacy, and, that effect of 319
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Community Hall: Setback and privacy from the main street, as this is such a narrow site.
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Community Hall: The next slide, please. And, the landscape also that we have selected is mainly, trees that are in line with what the city, arborist, recommends. We have, Ginkos bilboa around the
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Community Hall: and Mary Avenue. We also have the marina strawberry trees, 322
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Community Hall: in the… in the site, and also we're using the, Saratoga Baylor to screen the sound wall behind the parking lot.
323
00:53:25.090 --> 00:53:30.939
Community Hall: that's pretty much what I have. We also have brought a materials board, if you guys want to look at that, I can pass that along. 324
00:53:31.940 --> 00:53:32.750
Community Hall: Thank you.
325
00:53:33.620 --> 00:53:44.939
Community Hall: Thank you, Laura. Moving right along, we have heard… we had 3 community meetings, we've had study sessions here, and we have heard community concerns.
326
00:53:45.090 --> 00:53:52.160
Community Hall: We believe we have responded as best we can with the development to meet these concerns.
327
00:53:52.280 --> 00:54:03.340
Community Hall: We do have protected bike lanes on both sides of Mary Avenue. We can add additional protection on the east side, which already exists with some bollards, but that can be beefed up.
328
00:54:03.690 --> 00:54:11.250
Community Hall: The project will complete sidewalk on the west side of Mary Avenue, completing from Stevens Creek to the 280 pedestrian overpass. 329
00:54:11.850 --> 00:54:19.890
Community Hall: The number of units on the site, as was mentioned, we're at the lowest end of the density allowed, and
330
00:54:20.090 --> 00:54:31.880
Community Hall: We have heard about… a concern about delivery vans. We have two of the loading… two spaces are dedicated for loading spaces, during the day. At night, they can be repurposed for resident parking.
331
00:54:33.280 --> 00:54:47.040
Community Hall: Environmental concerns, there… we have done completed soil studies, submitted that to the county. That will, of course, be a requirement of the project to, handle that before, construction or during construction. 332
00:54:47.330 --> 00:54:51.009
Community Hall: The project will remove a small amount of lead-contaminated soil. 333
00:54:51.940 --> 00:55:03.490
Community Hall: The indoor air quality is ensured with construction methods and HVAC filtration, and noise will be addressed with the windows being rated. 334
00:55:06.190 --> 00:55:13.170
Community Hall: And we may have run out of time to talk about services, but we have a lot of great services through Housing Choices Coalition. 335
00:55:15.790 --> 00:55:16.750
Community Hall: Thank you.
336
00:55:19.550 --> 00:55:42.109
Community Hall: Thank you. Now we will have Council clarifying questions. We'll start with 5 minutes in the order of Councilmember Wong, Councilmember Mohan, Councilmember Fruen, Vice Mayor, and then myself, until our questions are completed, and that will then be followed by public comment. So, Councilmember Wong, do you have any clarifying questions at this time? I do, to the City Attorney, please.
337
00:55:42.110 --> 00:55:48.469
Community Hall: Yes. So, definition of a non-summary general vacation of the right-of-way is a formal multi…
338
00:55:48.470 --> 00:55:55.470
Community Hall: Month administrative process used to permanently abandon public streets, alleys, or easements that are no longer necessary. 339
00:55:55.480 --> 00:55:59.830
Community Hall: Unlike summary procedures, this requires public hearing notices and City Council approval.
340
00:55:59.870 --> 00:56:07.609
Community Hall: Ensures that the area is not needed for future public use, such as transportation, and does not impair access to private property. 341
00:56:07.870 --> 00:56:10.940
Community Hall: Do we believe that we've met these requirements? 342
00:56:16.590 --> 00:56:21.210
Community Hall: We do, Councilman, yes. So, each of those, there's no exceptions or anything in that process?
343
00:56:22.100 --> 00:56:26.440
Community Hall: I think the statute is clear, and,
344
00:56:26.550 --> 00:56:34.070
Community Hall: we have, you know, jumped through the necessary hoops, and we have plans to. We'll be bringing the…
345
00:56:36.100 --> 00:56:52.429
Community Hall: We'll be bringing the initial review to ensure consistency with the general plan to the Planning Commission, and then once Planning Commission has weighed in on its consistency, then we will be bringing it to the City Council to make the determination.
346
00:56:52.850 --> 00:56:56.219
Community Hall: Okay, and then when will we have a date and time to vacate the public?
347
00:56:56.560 --> 00:56:58.229
Community Hall: Create the parcel from the road?
348
00:56:59.320 --> 00:57:09.120
Community Hall: Well, the actual vacation will take place when the transaction closes, and so at the closing, when, title to the property 349
00:57:09.160 --> 00:57:14.099
Community Hall: Transfers and, financial obligations are incurred. 350
00:57:14.110 --> 00:57:33.670
Community Hall: That's the time when we will record the vacation, and that's when the land at that time will actually be vacated. The right-of-way will actually be vacated. And then on the issue of repurchase of fair market value to the improvements, will we deduct the inflation-adjusted assistance provided, not the loans, which comes out to $2,334,000.
351
00:57:33.670 --> 00:57:46.229
Community Hall: 566 and 37? At the time, of… it's my understanding, and I ask that, Attorney Lantfar, correct me if I'm incorrect, but, it's my understanding that 352
00:57:46.240 --> 00:57:57.420
Community Hall: At the 99-year mark, we have the right to repurchase the property for the fair market value of the building.
353
00:57:58.270 --> 00:58:04.630
Community Hall: And not subtracted of the assistance that was provided, and the art and lieu fees that were, waived?
354
00:58:04.930 --> 00:58:07.559
Community Hall: Correct. We add that to that if we want to? 355
00:58:07.900 --> 00:58:14.869
Community Hall: I am… I don't believe that we can, but I will ask Attorney Ladfar to answer that question.
356
00:58:15.470 --> 00:58:18.539
Community Hall: Okay, and then the question to the applicant. 357
00:58:20.560 --> 00:58:34.530
Community Hall: If they want to come up, it's great that you took in community feedback from the bikers, but not from the drivers who are worried about their parking spaces. Why did you not address that issue? And the main issue here is traffic flow for autos, not bikes.
358
00:58:35.880 --> 00:58:48.150
Community Hall: the development requires that amount of right-of-way, so that necessitated the removal of the diagonal spaces on the west side of Mary Avenue, so we have provided
359
00:58:48.210 --> 00:58:56.310
Community Hall: 30 to 33 spaces on the… on the west side, depending on the final Public Works configuration.
360
00:58:56.760 --> 00:59:05.630
Community Hall: And we have the two 11-foot drive lanes. Well, you asked about parking. I'm worried about the parking, as many of the residents here are. 361
00:59:05.790 --> 00:59:06.590
Community Hall: Right.
362
00:59:06.910 --> 00:59:10.649
Community Hall: So, that's… Wait, did you take into their account, or you just can't do that?
363
00:59:11.210 --> 00:59:17.589
Community Hall: In order to achieve the project and build it that necessitated those loss of those spaces.
364
00:59:17.850 --> 00:59:20.030
Community Hall: Okay, thank you, appreciate that.
365
00:59:20.200 --> 00:59:36.220
Community Hall: And a question to our planning department. If a Cupertino resident wanted to have this many exemptions and waivers that staff has granted, what would they need to do from setbacks and all that fun stuff? And what would we normally allow our developers to do to reduce our…
366
00:59:36.270 --> 00:59:40.550
Community Hall: art and loophies as well. How would they be able to get those same level of exemptions?
367
00:59:41.250 --> 00:59:44.880
Community Hall: Provide a development that has net 5 units. 368
00:59:46.530 --> 01:00:00.570
Community Hall: I mean, that's… That's it. That's all they need to do to be able to do that. To qualify as a density bonus project, yes. So it's all about the density bonus projects, which… That's correct. Which are… Statutory. Which are statutory, coming from the state, correct? That's correct. Okay.
369
01:00:01.090 --> 01:00:01.960
Community Hall: Thank you.
370
01:00:04.690 --> 01:00:07.690
Community Hall: Thank you. Next, Councilmember Mohan?
371
01:00:08.170 --> 01:00:09.729
Community Hall: Yeah, thank you, Mayor.
372
01:00:10.130 --> 01:00:13.080
Community Hall: A question for, our city attorney.
373
01:00:13.530 --> 01:00:20.720
Community Hall: So today we are not… we will not be discussing the right-of-way, vacuum vacation.
374
01:00:22.140 --> 01:00:27.080
Community Hall: Correct. And we, so what is the process? After today. 375
01:00:27.280 --> 01:00:31.229
Community Hall: It goes to the Planning Commission on the, February 10th. 376
01:00:31.530 --> 01:00:35.129
Community Hall: Then comes back to us for… for what?
377
01:00:35.230 --> 01:00:49.899
Community Hall: Well, the vacation requires that, the Planning Commission weigh in on the consistency with the general plan, and once the Planning Commission has said, yes, it's consistent, then it comes to the City Council to make 378
01:00:49.900 --> 01:00:56.809
Community Hall: The final determination about, how the city should move forward and whether the right-of-way should be vacated.
379
01:00:56.810 --> 01:01:05.639
Community Hall: And there's another, item that follows the same, path, and that is, 380
01:01:06.900 --> 01:01:14.319
Community Hall: Now I'm drawing a blank on what that is. There's a second, michelle, help me with that.
381
01:01:15.520 --> 01:01:32.949
Community Hall: Sorry. Oh, I'm sorry, I recall now. It's the disposition of the land itself also has to be, looked at by the Planning Commission and determined that the disposition of the land complies with the general plan, and, and then that, too, comes back to the City Council for
382
01:01:32.950 --> 01:01:36.090
Community Hall: final vote on that. And both of those items will come back. 383
01:01:36.720 --> 01:01:42.769
Community Hall: Okay, and that is separate from the disposition and development agreement that we will be voting on today? Correct.
384
01:01:43.520 --> 01:01:52.529
Community Hall: and the disposition and development agreement that we will, vote on today, it is conditional, right? It is not the final word on, 385
01:01:52.640 --> 01:02:04.860
Community Hall: disposing the property. That is exactly right. That's a key point in the, disposition and development agreement, I'm going to call this DDA, is that it is contingent upon
386
01:02:04.860 --> 01:02:14.329
Community Hall: The Planning Commission finding that those two items are consistent with the general plan, and it is then consistent with the Council 387
01:02:14.330 --> 01:02:31.919
Community Hall: voting in favor of those two items. And it's also contingent on, a number of other things. It's basically a roadmap for all the parties to follow, as they move towards the time when everything is in place to close the deal. 388
01:02:32.370 --> 01:02:45.739
Community Hall: without the DDA, parties are sort of working on things independently, and it's not clear that everybody's in agreement that we should, be, expending resources organizing the deal.
389
01:02:45.740 --> 01:03:01.339
Community Hall: So you sign the DTA, everybody understands what the roadmap is, then you go down the road, and these items we're talking about are part of going down the road until everything is complete and ready, and then you close the deal, and everything is recorded.
390
01:03:01.340 --> 01:03:08.160
Community Hall: And it's a done deal. And then the developer moves into the, planning and construction process.
391
01:03:08.550 --> 01:03:30.939
Community Hall: And, respectfully, just to add, in Section 404 of the DDA, there's a subsection 1 and Subsection 2, which describe in detail the contingencies upon which, closing depends. So it lists for the developer and for the city what needs to be met in order to be able to close the project and actually dispose of the property.
392
01:03:31.670 --> 01:03:32.559
Community Hall: Thank you.
393
01:03:33.220 --> 01:03:41.399
Community Hall: Okay, that does explain it, and I just wanted to make sure that we, as well as the public, don't believe that the…
394
01:03:41.630 --> 01:03:45.900
Community Hall: Approving the DDA today is the final word on it. 395
01:03:47.160 --> 01:03:48.860
Community Hall: Okay, thank you, thank you.
396
01:03:49.410 --> 01:03:50.370
Community Hall: Thank you, Mayor.
397
01:03:50.530 --> 01:03:52.889
Community Hall: Thank you. Councilmember Fruen?
398
01:03:53.790 --> 01:04:02.280
Community Hall: So I'll direct my first question to the city attorney. There's a letter in the record from an attorney with Strategy Law. 399
01:04:02.500 --> 01:04:06.930
Community Hall: It's rather lengthy. Have you reviewed it? 400
01:04:07.560 --> 01:04:08.940
Community Hall: I have. Okay.
401
01:04:09.200 --> 01:04:18.940
Community Hall: Do you and your colleagues in the city attorney's Office feel that our course of action remains on firm legal ground despite the claims in that letter? I do. Okay.
402
01:04:19.730 --> 01:04:21.510
Community Hall: to CDD.
403
01:04:22.990 --> 01:04:25.940
Community Hall: Mary Avenue right now is a two-way street. 404
01:04:26.360 --> 01:04:28.600
Community Hall: One lane either direction.
405
01:04:29.230 --> 01:04:35.060
Community Hall: Once this project were built, It would remain a two-way street, correct?
406
01:04:35.810 --> 01:04:41.260
Community Hall: That's correct. Okay, so the lanes themselves, despite their narrowing, remain intact.
407
01:04:43.300 --> 01:04:49.579
Community Hall: Correct, okay. And then on the western side of Mary, at present, there is no sidewalk.
408
01:04:51.180 --> 01:04:57.129
Community Hall: Okay, alright. So, we will be seeing additional improvements that do not currently exist at this site.
409
01:04:57.840 --> 01:05:13.629
Community Hall: Correct. Okay, alright. If I could also ask the City Attorney to walk us, perhaps, through the repurchase option in a little bit more detail, I think everyone would appreciate that. I think it's at Section 806 of the DDA. 410
01:05:15.670 --> 01:05:23.130
Community Hall: That's right, so I can provide an answer to that. Essentially, when the regulatory agreement terminates.
411
01:05:23.350 --> 01:05:31.279
Community Hall: The developer will provide notice to the city that they… that the city has an option to reacquire the property.
412
01:05:31.530 --> 01:05:44.570
Community Hall: As written, if the developer takes, let's say, 4 months after termination of the regulatory agreement, that time tolls, so the city will continue to have a 12-month option once it does receive notice.
413
01:05:44.990 --> 01:06:03.319
Community Hall: And, should the city choose, it doesn't have the obligation to reacquire the property, but should it choose to, then the reacquisition price would be the fair market value of improvements made to the property, less the value attributable to the land, which would be determined by an MAI appraisal. 414
01:06:03.630 --> 01:06:19.959
Community Hall: And once the reacquisition price has been agreed to between the parties, then that price would also be… from that price would also be subtracted any outstanding amounts under the loans that are being provided by the city, and the amount of the grant that's being provided by the city. 415
01:06:20.760 --> 01:06:35.709
Community Hall: And, essentially, if the city chooses not to reacquire the property, depending on what the council chooses to do at that time, they can renegotiate the regulatory agreement as well, and extend as needed, and… 416
01:06:35.950 --> 01:06:50.659
Community Hall: That would be a discussion, on other options. Got it. But suffice it to say, there's a lot of process that has to occur there, including notice to the city before the property could be validly sold. Correct. Okay, alright, so it's not like…
417
01:06:51.230 --> 01:07:04.560
Community Hall: Charities, after a near century of owning it and using it, can just haul off, and once the deed restriction expires, sell it at a profit without involving us. Correct. Okay, alright.
418
01:07:05.340 --> 01:07:08.050
Community Hall: I will reserve the rest of my time. Thank you. 419
01:07:08.980 --> 01:07:10.599
Community Hall: Thank you, Vice Mayor?
420
01:07:11.500 --> 01:07:26.759
Community Hall: Okay, thank you. I want to first start with some history of the project. So, the parcel was created back in 2020, right? 421
01:07:27.360 --> 01:07:41.850
Community Hall: where there was no land that… so the City Council back in 2020 created the parcel. I heard that the public has been advocating that for at least 10 years before that.
422
01:07:43.040 --> 01:07:45.969
Community Hall: correction, I think it's 2023.
423
01:07:46.220 --> 01:08:01.709
Community Hall: the parcel was created. It was recorded with the council. And… but it was put on the pro… I think a step through a process that was put on the work program of the City Council… That's correct. Back in 2020. That's correct. So, just for the record.
424
01:08:02.000 --> 01:08:04.669
Community Hall: on… I think this was started back
425
01:08:04.970 --> 01:08:15.590
Community Hall: first mentioned by the former mayor, Stephen Scharf, in his State of the City Address in 2019, that this is a project he would like. 426
01:08:15.890 --> 01:08:19.089
Community Hall: to see happen. And in 2020,
427
01:08:19.410 --> 01:08:27.290
Community Hall: the… on the City Council was Darcy Paul, and Stephen Schroff, John Whaley, myself, and
428
01:08:27.430 --> 01:08:32.620
Community Hall: I think Rod thinks, and then we put it on the work program so we can
429
01:08:32.620 --> 01:08:50.520
Community Hall: start to really look into how this might be possible. It's been quite a few years, so I'm really happy to see that it's happening now, but I want to be sure that we don't forget who got us started.
430
01:08:50.550 --> 01:08:53.100
Community Hall: And even though I do still have
431
01:08:53.569 --> 01:09:08.329
Community Hall: But as a City Council member, I do want to be sure that we follow all the legal process and address the concerns by the residents, like we do for all development projects.
432
01:09:09.990 --> 01:09:22.509
Community Hall: So, first of all, I think we have been talking about no net loss by development project. So, for this project, is there any net loss of units from the housing element allocation?
433
01:09:23.990 --> 01:09:42.619
Community Hall: No, Vice Mayor. So we are… we would have no loss, which is good.
And for the BMR loan of $3 million and PLHA loan of $0.9 million, what's the term of the… it says the loan on the slide. I thought it's just a donation. 434
01:09:45.010 --> 01:09:49.990
Community Hall: Because if they were alone, I would like to ask, what's the term and what's the interest?
435
01:09:51.990 --> 01:09:52.850
Community Hall: Bye.
436
01:09:53.040 --> 01:09:59.470
Community Hall: And you're referring to the CDBG? The CDBG, I thought it's a… just a funding.
437
01:10:00.040 --> 01:10:08.410
Community Hall: donation from the CT is not a loan. That's right. The CDBG is a grant that will be subject to a grant. Because the slide says it's a loan. 438
01:10:08.710 --> 01:10:17.120
Community Hall: So that got me confused. I see. That might have been an error on the slide. And then the PLHA is also a grant funding.
439
01:10:17.710 --> 01:10:25.829
Community Hall: No, so the PLHA is a loan, it's a loan from city funds that will be administered by the county.
440
01:10:26.800 --> 01:10:31.079
Community Hall: And then there is a BMR loan that will be provided. 441
01:10:31.340 --> 01:10:52.169
Community Hall: Oh, the BMR, that's a BMR loan. Correct. Okay, so that's a loan.
Correct. But the CT… how much… so the CDBG money is a grant. That's also $3 million, right? No. The CDBG amount is approximately… sorry, let me just pull that up.
442
01:10:59.560 --> 01:11:09.950
Community Hall: The CDBG grant will be at $174,567.37, and that will be a grant, and it will be subject to a grant agreement.
443
01:11:12.750 --> 01:11:22.379
Community Hall: Oh, so the PMR is… is a $3 million, it's a loan? Correct. And PLHA is a loan of $0.9 million.
444
01:11:22.760 --> 01:11:25.340
Community Hall: that the CT loan spreads through the county. 445
01:11:25.720 --> 01:11:26.610
Community Hall: Correct.
446
01:11:26.770 --> 01:11:32.840
Community Hall: So, what's the term of the loan that they need to pay back, and what's the interest?
447
01:11:33.230 --> 01:11:38.950
Community Hall: For the PLHA loan? Both EMR and the PLHA. 448
01:11:39.230 --> 01:11:43.590
Community Hall: So, both loans will be subject to an interest rate of 3%. 449
01:11:45.330 --> 01:11:47.859
Community Hall: And the term of the loan is…
450
01:11:50.660 --> 01:11:56.889
Community Hall: 30 years? 10 years? I believe. I'm not sure of the term of loan. 451
01:12:00.240 --> 01:12:07.640
Community Hall: Michelle? I think we have city staff from our, housing, group who can answer those questions.
452
01:12:12.030 --> 01:12:16.119
Community Hall: I'm not sure I can answer all those questions, but for the term loans, 30 years.
453
01:12:16.250 --> 01:12:17.820
Community Hall: 30 years.
454
01:12:18.090 --> 01:12:18.930
Community Hall: Okay.
455
01:12:20.570 --> 01:12:27.460
Community Hall: So that's lower than, I think, market rate, right? 456
01:12:27.790 --> 01:12:37.870
Community Hall: the market rate is about 6… more than 6% now, okay? And then, so, at the time of requisition.
457
01:12:40.590 --> 01:12:57.689
Community Hall: that's when the loan will still be on… 99 years, the loan will be paid back, so the only grant from the city is $134K, so you are saying they will assess the market value of the improvements, not including the land, just the building, and then the
458
01:12:57.890 --> 01:13:05.199
Community Hall: grant amount of $134K will be subtracted from that, assessment. 459
01:13:05.370 --> 01:13:25.369
Community Hall: In case the city wants to request it. Correct. So the price will be determined, with the evaluation of the cost of the improvements, and will subtract the value of the land. Once that price is determined, then from that will be subtracted the amount of the grant.
460
01:13:25.450 --> 01:13:44.630
Community Hall: Okay, great, thank you. So, on your slides, you said there will be a total of 3 studios, 22 one-bedroom, 24 2 bedrooms, and a 1-manager unit. So, how many of… for the IDD units, how many will be studio 1-bedroom, 2 bedroom? 461
01:13:47.220 --> 01:13:50.899
Community Hall: I didn't find the information in the staff report, I think. 462
01:13:51.250 --> 01:13:56.390
Community Hall: So, thank you, the… Charities housing for that information. 463
01:13:57.100 --> 01:14:11.899
Community Hall: Sure, it was in the DDA, the draft DDA has a breakdown, which, so maybe Charities Housing can answer that right away? Sure, I guess, well, either one. Go ahead, 3 studios, 14, 1… 3 studios.
464
01:14:12.210 --> 01:14:17.970
Community Hall: The 14 one-bedrooms and 2 of the 2 bedrooms will be for the IDD tenants.
465
01:14:21.160 --> 01:14:28.380
Community Hall: And, the manager's unit would be 2 bedroom? The manager's unit is a 3-bedroom unit.
466
01:14:28.850 --> 01:14:33.009
Community Hall: Oh, okay, so that will be 3 bedrooms. Wait, how many 2 bedrooms? 467
01:14:33.250 --> 01:14:35.769
Community Hall: For the IDD population? 2.
468
01:14:36.180 --> 01:14:38.539
Community Hall: Only two two bedrooms. Correct.
469
01:14:40.460 --> 01:14:50.759
Community Hall: This was based on feedback from Housing Choices and IDD advocates of what would best serve the IDD residents. Okay, thank you. Okay. 470
01:14:50.850 --> 01:15:02.670
Community Hall: And it was mentioned last time there is currently fiber optic line underneath the public right-of-way, and then we were told by the staff last time the
471
01:15:03.170 --> 01:15:10.949
Community Hall: That easement will be… need to be relocated, and the developer will 472
01:15:11.310 --> 01:15:17.810
Community Hall: incur the cost of relocating that. So is that included in the agreement?
473
01:15:22.930 --> 01:15:32.690
Community Hall: fiber optic cabling is not mentioned in the DDA at this point, but, should that be included, so we have clarity on that?
474
01:16:02.160 --> 01:16:13.230
Community Hall: Hello, Council. Chad Mosley, Director of Public Works. The relocation of the fiber line does not need to be in the DDA. It'll be part of the development requirements, part of building
475
01:16:13.420 --> 01:16:20.279
Community Hall: Any of those improvements requires a certain amount of modification to existing facilities. The fiber would be part of that. 476
01:16:24.160 --> 01:16:25.080
Community Hall: Boy.
477
01:16:26.200 --> 01:16:33.060
Community Hall: Why… I don't understand how can that be? But the easement needs to be revised, so…
478
01:16:33.450 --> 01:16:49.190
Community Hall: When will the revised easement… Yeah, there is no easement now, and that fiber line, if it falls within the property, which still needs to be verified, it would be shifted outside of the property so that it falls within the right-of-way, the new right-of-way.
479
01:16:49.650 --> 01:17:04.639
Community Hall: So, how can we have clarity that who will be paying for that relocation? It's a development requirement. It is something that staff would be following, because we verify that all public improvements are done per the city's standards, and this would be our standard.
480
01:17:04.750 --> 01:17:10.550
Community Hall: Okay, so the existing city standards would ensure that? That is correct. Okay, great to know.
481
01:17:10.840 --> 01:17:18.980
Community Hall: And so, I think it's a big… It's gone seven and a half minutes at this time. Okay. Well, okay, so I'm gonna,
482
01:17:18.990 --> 01:17:32.860
Community Hall: Take chair privilege. With regards to all the, utilities, if you had a water line that's, within that, property, the developer is going to be responsible for moving that as well.
483
01:17:32.990 --> 01:17:51.840
Community Hall: Correct? Okay, thank you. And the environmental cleanup, we already discussed this, because there is some, lead there. We saw the Mary Avenue dog park.
There are some contaminants, that will be cleaned up by the developer, and we have the environmental
484
01:17:51.840 --> 01:17:56.079
Community Hall: Section of our municipal code, which handles, 485
01:17:56.080 --> 01:17:59.090
Community Hall: handles that part of it.
486
01:18:00.660 --> 01:18:11.200
Community Hall: So I'm going to go around for a second round of any clarifying questions, if there are any, and then we'll be going to public comment. So I'll begin again, Councilmember Wong?
487
01:18:11.600 --> 01:18:22.779
Community Hall: Yeah, I got a few other questions. When you sign DDAs, and you typically want to make sure that you address issues around bankruptcy and foreclosure procedures, what procedures do we have in there right now? 488
01:18:25.460 --> 01:18:35.939
Community Hall: With respect to bankruptcy and foreclosures, we do have a right to reacquire during the construction, should anything of that nature occur. 489
01:18:35.940 --> 01:18:53.840
Community Hall: However, this is a project that is planning to, submit an application for tax credits, so it's important to… to recognize as well that because if it is awarded tax credits, there will be several layers of potential, 490
01:18:53.910 --> 01:19:08.239
Community Hall: parties that can get involved to assist in such a situation. So, can we ask for the C loans, via BMR funds to be drawn in stages, and for specific milestone and milestone payments?
491
01:19:08.240 --> 01:19:18.919
Community Hall: So that in case something does happen, we can have a clawback of those funds, that might be missed, including accrued interest and fees, at least build that into the agreement. Is that an option we can look at? 492
01:19:18.970 --> 01:19:41.090
Community Hall: That's… that is an option we can look at. Those documents related to the financial assistance the city is providing will actually be finalized at closing, rather than the DDA. Why not in the DDA? Because there are a lot of various factors between now and the closing that might affect it, including the tax credits, and to what degree they receive tax credits.
493
01:19:41.090 --> 01:19:46.450
Community Hall: So, that typically financing all closes at the same time to ensure that
494
01:19:46.450 --> 01:20:00.519
Community Hall: the property transfers, and that's the only way to also secure them properly, because you can't record a deed of trust until the property is transferred to the developer. Understood. But what protections does the city have in between, if we allow for that?
495
01:20:01.480 --> 01:20:05.469
Community Hall: Well, the city's not providing the funds until… 496
01:20:05.560 --> 01:20:09.710
Community Hall: that later time, generally, so there…
497
01:20:09.710 --> 01:20:31.679
Community Hall: there's not a risk necessarily from a financial standpoint in terms of losing the funds that are being provided as a loan. Those funds will be paid out and subject to the documents that are assisting to protect those at the closing time. Can we also make sure that the loans are not assumable as well, so that we don't create a moral hazard, given that a 3% interest rate is quite attractive? 498
01:20:32.800 --> 01:20:46.749
Community Hall: that is something I believe could be discussed, but essentially, whether or not they're assumable will really be tied to whether the property is still owned by that owner. So, that is… there are…
499
01:20:46.770 --> 01:21:08.350
Community Hall: provisions in the DDA that do protect against that, in terms of being able to, let's say, sell the property to another developer in between, or something like that. So this financing is tied to this DDA based on the language in it, and if the interest in the DDA was transferred, that's how it might be transferred. So otherwise.
500
01:21:08.350 --> 01:21:16.779
Community Hall: Yes, we can include language to the effect of anybody that is the owner of the property is bound by this loan and needs to pay it back. 501
01:21:16.780 --> 01:21:24.070
Community Hall: But that's something that would be pretty standard in those types of documents. Okay, and then a question to our, staff.
502
01:21:24.210 --> 01:21:43.290
Community Hall: So why didn't we look at getting rid of the bike lanes and putting parking lot… parking spaces there instead? Why are we keeping the bike lanes? So if the residents are worried about not having 89 parking spots, yet we keep the bike lanes, but not the parking spots, wouldn't that be a nice compromise for the folks in the neighborhood?
503
01:21:43.340 --> 01:21:45.200
Community Hall: How come that has not been considered?
504
01:21:46.770 --> 01:21:59.769
Community Hall: I'll start… I'll start answering your question, then I'll defer to Public Works, the site design for Mary Avenue. You know, I think Mary Avenue is an important connector between the Mary Avenue Bridge and Stevens Creek Boulevard, in terms of
505
01:21:59.770 --> 01:22:07.530
Community Hall: bike traffic, and that's a bike thoroughfare, and that's my understanding, and I'll let Chad, our director, continue. 506
01:22:11.790 --> 01:22:18.839
Community Hall: No? There we go. John pretty much nailed it. We have the Mary Avenue Bridge, which the city, expended considerable
507
01:22:18.900 --> 01:22:31.850
Community Hall: sum of money about 16 years ago to construct that was a pedestrian and bicycle connection between North and South, and Mary Avenue is the natural extension of that, so ensuring that bike lanes are there to get people to and from 508
01:22:32.100 --> 01:22:46.829
Community Hall: Stevens Creek Boulevard, De Anza College, that is highly important.
So as a city, we're saying the bike lanes are much more important than the 600 residents' ability to move in and out and park on autos. Is that what we're saying? What I'm saying is.
509
01:22:46.830 --> 01:22:55.229
Community Hall: Mary Avenue has been designated a bike route, and we're ensuring the bike routes remain. Is there anything we can do to change that as a compromise, if we need to get to that point?
510
01:22:55.430 --> 01:23:13.150
Community Hall: At this point in time, if we find that there's major parking issues, that's something we could look at in the future, but at this point in time, we're not foreseeing that issue. So the city is saying we're not foreseeing there's going to be a parking issue in that area, because we removed 89 parking spots and kept the bike lanes. That's what you're saying?
511
01:23:13.180 --> 01:23:25.920
Community Hall: We are not gonna… I mean, we don't foresee there being a parking issue, and in fact, if you look at the parking study that was done by Krupka, which was the, third-party consultant that was hired by, I believe it was the neighborhood.
512
01:23:25.920 --> 01:23:34.419
Community Hall: Even in his study, he indicates that with some of the major festivals, that they're utilizing 96% of those parking stalls. 513
01:23:34.520 --> 01:23:48.069
Community Hall: they would be using 96% of the parking stalls that would be available after the project, so even with their report, it's indicating there's enough parking for festivals. Okay, thank you. I yield the rest of my time, or I have no time to yield.
514
01:23:48.700 --> 01:23:51.210
Community Hall: Right. Councilmember Mohan?
515
01:23:52.070 --> 01:24:08.999
Community Hall: I'd like to hold my comments till after public comments. Okay.
Councilmember Fruan? Just a quick follow-up on the, you know, parade of horrible scenario of a bankruptcy. There would be a deed restriction recorded against the land, that would run with the land, yes?
516
01:24:10.560 --> 01:24:16.080
Community Hall: Correct. So, in the grant deed itself, there will be language, and then also…
517
01:24:16.190 --> 01:24:24.299
Community Hall: In the regulatory agreement, there's language related to… to these kinds of items, so… Okay, sorry, thank you.
518
01:24:25.850 --> 01:24:27.000
Community Hall: Vice Mayor?
519
01:24:28.330 --> 01:24:29.789
Community Hall: Thank you.
520
01:24:29.940 --> 01:24:32.469
Community Hall: So regard…
521
01:24:32.470 --> 01:24:51.569
Community Hall: I think we had a study session in early December, and because there was a lot of community who wrote in regarding how come the city didn't vacate the land, how come we didn't do the public land exemption before we approved the project.
522
01:24:51.590 --> 01:24:58.930
Community Hall: And in the study session, my understanding from the attorney and the staff at the time was, we will…
523
01:24:59.230 --> 01:25:12.850
Community Hall: At the same time, when we approve the DDA disposal agreement, we will be doing vacation, and then doing the exempt surplus land at the same meeting. 524
01:25:13.200 --> 01:25:14.590
Community Hall: Not after.
525
01:25:14.920 --> 01:25:26.000
Community Hall: But now, I am told vacation will be done later, and then earlier, I think Floyd, city attorney, mentioned the
526
01:25:26.160 --> 01:25:30.310
Community Hall: The exempt surplus land will be postponed also. 527
01:25:30.960 --> 01:25:39.090
Community Hall: So how come? It's… I think then we are breaking that promise we told the community this will all be done at the same time. 528
01:25:39.580 --> 01:25:45.580
Community Hall: Let me answer that. As I recall, we had said that, the… 529
01:25:45.850 --> 01:25:54.500
Community Hall: vacation, would go to the Planning Commission and come back to the Council at a later date. I don't recall,
530
01:25:54.710 --> 01:25:57.480
Community Hall: Suggesting that that would all happen in one meeting. 531
01:25:57.740 --> 01:26:13.909
Community Hall: With respect to the, Zemp Surplus Land Act, item, we did expect to have that heard today. In fact, we have, a resolution in the packet that we were considering, moving on, but
532
01:26:13.910 --> 01:26:22.679
Community Hall: After that time, we came to realize that it would make sense for us to, make the findings more robust.
533
01:26:22.870 --> 01:26:37.939
Community Hall: And so we have a new draft, but it's not finalized, and so we prefer to put that off and bring that back when we bring back the vacation. So it's not going to require an extra meeting, but we're just taking more time with it. 534
01:26:38.910 --> 01:26:47.409
Community Hall: So the way… the exempt for surplus then still need to come back to the Council for approval? Correct.
535
01:26:47.640 --> 01:26:51.169
Community Hall: But it will be after the disposition agreement. 536
01:26:51.880 --> 01:27:10.169
Community Hall: That's not what we told the public, would be the process. That's what I was told would be the process. So why couldn't… why didn't we just postpone this whole item until we have everything, including the vacation? I think the vacation was postponed from the Planning Commission.
537
01:27:10.170 --> 01:27:16.309
Community Hall: also because of insufficient information. There was no map of exactly which…
538
01:27:16.310 --> 01:27:26.809
Community Hall: what's the portion that would become vacated as public right-of-way? There was only a mention of the parcel number, which is the entire parcel, not the
539
01:27:26.840 --> 01:27:38.890
Community Hall: the dimension of the property right away to be vacated. There was no mention of the current use of the land, and why vacation would be consistent with the general plan.
540
01:27:38.890 --> 01:27:58.820
Community Hall: And plus, I was very confused, because that staff report, there will be 8… says there will be 18 IDD units. I was like, how come one less now, and now it's back to 19? So we have insufficient information last week when it was on the planning. It was postponed.
541
01:27:59.360 --> 01:28:02.850
Community Hall: How come we didn't just postpone this, so just do everything? 542
01:28:03.010 --> 01:28:04.070
Community Hall: Clingly.
543
01:28:04.910 --> 01:28:08.259
Community Hall: Now you are asking us to do things out of order. 544
01:28:08.420 --> 01:28:11.179
Community Hall: And again, because of insufficienting.
545
01:28:11.410 --> 01:28:12.690
Community Hall: information.
546
01:28:14.640 --> 01:28:16.150
Community Hall: Is that legally?
547
01:28:16.500 --> 01:28:17.510
Community Hall: Aww.
548
01:28:18.140 --> 01:28:25.060
Community Hall: Maybe it's permissible, but it's not very clean, right? It's certainly legally permissible, and
549
01:28:25.060 --> 01:28:40.739
Community Hall: And I… I do hear what you're saying, but I… I will suggest that it's a very complicated deal, and we turned to the drafting of all the documents, only about…
550
01:28:40.880 --> 01:28:50.670
Community Hall: 4 weeks ago, after we got through other meetings that needed to be held before we moved into that phase, and, staff worked 551
01:28:50.670 --> 01:29:03.949
Community Hall: very diligently, as did, the city attorney's office, to, pull all of the documents together, which we have now. And, the one document that 552
01:29:04.310 --> 01:29:19.439
Community Hall: we feel we need more work on is the one that we're asking to put off. That's okay, but I would like to thank the staff that… for making a very quick negotiation, and thank the developer to extend the…
553
01:29:19.740 --> 01:29:32.589
Community Hall: the years from 55 years to 99 years, even though that's just an idea that I brought up Monday morning. So you were able to turn that around within almost
554
01:29:32.590 --> 01:29:44.819
Community Hall: 24 hours, to change the agreement to allow that. Thank you for that, because at that time, I was concerned if someone with IDD moves in at the year 20,
555
01:29:44.920 --> 01:29:57.579
Community Hall: by… after 20… 55 years, when they are 75, they might be kicked out of the unit. So 99 years feels more, better than
556
01:29:57.580 --> 01:30:05.019
Community Hall: at least someone who got the unit will be there until… for their lifetime. So, thank you for that fast turnaround.
557
01:30:05.290 --> 01:30:23.040
Community Hall: Thank you. And I will say that, I do believe from the beginning of the project, the, parties had considered a 99-year term. we, city, as City Attorney, joined the city, you know, well into this process, and so, 558
01:30:23.040 --> 01:30:27.320
Community Hall: I think that we were identifying a 55-year mark. 559
01:30:27.320 --> 01:30:43.730
Community Hall: really not fully appreciating that, the project had anticipated a 99-year period for many years, and so we quickly, pivoted on that point and were able to do so with the developer, so we were pleased with that. Thank you. Yeah, thank you.
560
01:30:44.820 --> 01:30:45.900
Community Hall: And…
561
01:30:46.220 --> 01:30:54.499
Community Hall: So, with the parking, I still have concern. Oh, one thing, I think I… I think with the parking,
562
01:30:55.190 --> 01:31:00.970
Community Hall: I have asked about what's the parking situation is at every start this session.
563
01:31:01.170 --> 01:31:10.520
Community Hall: But then, with every agenda packet for Mary Avenue project, there has never, ever been one attachment.
564
01:31:10.640 --> 01:31:14.360
Community Hall: Clearly spell out what will be the…
565
01:31:14.360 --> 01:31:32.569
Community Hall: change in parking lots, and then the road configuration. It's always… I have to ask for that in supplemental, or it might be part of the staff representation, but till now, even now, there is… it's never been clearly in the published agenda package.
566
01:31:32.570 --> 01:31:37.489
Community Hall: And the traffic analysis was only attached, in the supplemental. 567
01:31:37.530 --> 01:31:40.050
Community Hall: So… I feel like…
568
01:31:40.550 --> 01:31:50.299
Community Hall: Through this process, we… so many developers have been able to make an adjustment to address parking con… parking concerns, but this project 569
01:31:50.320 --> 01:32:04.030
Community Hall: to my disappointment, till today, nothing has been changed to address the parking concern. So I want… I have quite one question of two staff. I… I don't remember which report I read earlier… earlier,
570
01:32:04.030 --> 01:32:10.810
Community Hall: when the project was on the Council agenda, very early, when we were initially talking about the project.
571
01:32:10.810 --> 01:32:15.760
Community Hall: I think there was an intent to acquire, some of the 572
01:32:15.820 --> 01:32:34.499
Community Hall: property from Caltran that's currently part of Route 85. Because I looked at the… thank you for the very clear chart in the staff presentation for the road configuration. It seems we just need 8 feet to be able to provide 573
01:32:34.560 --> 01:32:41.320
Community Hall: One step, parking on is… Eastside. So…
574
01:32:41.910 --> 01:32:51.609
Community Hall: So it seems earlier we had tried to acquire some land from the Routes 85, so how… why was that dropped?
575
01:32:52.310 --> 01:32:56.600
Community Hall: Maybe that will help us provide some more property spaces. 576
01:33:01.470 --> 01:33:09.809
Community Hall: I'm trying to think of the best… best way to answer that. You know, I think just working with Caltrans would be difficult at this point, in terms of, having them
577
01:33:10.200 --> 01:33:20.260
Community Hall: move a building onto their property, or even close to that property, I think, logistically. Not at this point. I think it was dropped early on, so…
578
01:33:20.630 --> 01:33:24.620
Community Hall: Was there… Ever a conversation about that? 579
01:33:26.300 --> 01:33:36.560
Community Hall: to possibly have a portion of. I kind of remember in one of the staff reports that was mentioned as something to pursue. 580
01:33:37.870 --> 01:33:43.269
Community Hall: I don't remember. I don't recall pursuing the Caltrans for that.
Okay.
581
01:33:44.320 --> 01:33:59.740
Community Hall: Yeah, despite all the traffic study, I think with best festivals, we now still rely on the De Anza College for… to provide parking, and they are going to start charging for parking, starting sometime this year. 582
01:33:59.880 --> 01:34:13.119
Community Hall: And we don't know, even if they might promise, they might provide free for this year, or next year, and they might start charging when they need something. So then…
583
01:34:13.280 --> 01:34:32.789
Community Hall: the parking will be used, not sufficient on Mary Avenue. Thank you, Vice Mayor. We're still on clarifying questions, so if you have a clarifying question, please ask. Okay. Okay. Madam City Clerk, how many, speaker cards do we have at this time? We have 22.
584
01:34:32.790 --> 01:34:47.880
Community Hall: Blue speaker cards, which includes a few groups in person and community hall. At this time, I am seeing 6 hands raised, approximately 94 minutes, Mayor. Okay, so we have already heard this item several times now. 585
01:34:48.080 --> 01:35:11.600
Community Hall: And I found that the 90 seconds and the 5 minutes, 1 minute a person, for a group, that that worked pretty efficiently. So we are going to move to public comments. We will have 90 seconds per individual. If you're a group up to 5, you will each receive 1 minute, so up to 5 minutes for a group of 5. 586
01:35:11.890 --> 01:35:23.009
Community Hall: All right, Madam City Clerk, will you please open the public comments? Yes, as a reminder, members of the public wishing to speak regarding this item shall submit a request to speak or raise their hand virtually. 587
01:35:23.010 --> 01:35:36.149
Community Hall: within the first 9 minutes of the start of public comment, or before public comment period is closed, whichever comes first. I am going to call the two groups up first. The first group I have is Maddie 588
01:35:36.150 --> 01:35:41.990
Community Hall: Forte and Barry and Eric's Rummonds? Rummonds? Ramonds. Ramanz, thank you.
589
01:35:42.070 --> 01:35:48.160
Community Hall: So 3 people in the group, so you'll have 3 minutes. Thank you. 590
01:35:48.410 --> 01:35:54.009
Community Hall: I need the handheld microphone, though. Thank you so much. Right, and as a friendly reminder,
591
01:35:54.330 --> 01:36:03.410
Community Hall: would prefer that you do not applaud after comments so that everyone feels welcome within the room to speak. Thank you. 592
01:36:05.230 --> 01:36:19.790
Community Hall: Hello, my name is Maddie Forte, and I'm an Independent Living Skills Case Manager. Tonight, I am back with my two clients, Ann Barry and Eric's Ramonds. We're gonna start with Eric's. So, Eric's, how do you think the council members should vote on Mary Avenue?
593
01:36:21.860 --> 01:36:25.809
Community Hall: How do you think the council members should vote on Mary Avenue? 594
01:36:31.540 --> 01:36:33.529
Community Hall: Do you want me to go to Anne first?
595
01:36:34.030 --> 01:36:51.069
Community Hall: Alright, we're gonna actually start with Anne. So, Anne is another client of mine. She is a Mountain View High School graduate, class of 2007, and lives at the 1585 Studios independently. Anne, why do you think it's important that the Council votes yes on Mary F? Yeah.
596
01:36:52.390 --> 01:36:59.890
Community Hall: We need more housing for people with disabilities. Why is it important to you, to be able to stay in our area?
597
01:37:00.190 --> 01:37:12.059
Community Hall: to be reclined and being, you know, people's… people's… people's parents or families. Perfect. So, Erics, why is it important to you that the Council, votes in favor of Mary Avenue?
598
01:37:15.780 --> 01:37:17.070
Community Hall: Okay, tell me.
599
01:37:17.890 --> 01:37:28.349
Community Hall: Sorry, it's a little late, and for our folks with IDD, it can… the more tired you get, the, like, likelihood you are to, kind of. 600
01:37:28.520 --> 01:37:36.220
Community Hall: forget what's going on. So, we talked about it earlier, you wanted to share our community with, disabled people, right?
601
01:37:36.490 --> 01:37:37.400
Community Hall: Yes.
602
01:37:37.560 --> 01:37:41.360
Community Hall: And, why is it important to you to stay in the area? 603
01:37:44.710 --> 01:37:47.609
Community Hall: For our community. Yeah, didn't you grow up here? 604
01:37:47.730 --> 01:37:52.599
Community Hall: Yes. Isn't your family from here? Yes. Isn't this the only home you've ever known?
605
01:37:53.230 --> 01:37:54.279
Community Hall: Like what?
606
01:37:54.510 --> 01:37:59.330
Community Hall: You've never lived anywhere else, right? No. And you went to high school in Cupertino?
607
01:37:59.640 --> 01:38:02.869
Community Hall: Class of 901. Thank you so much, Erics. 608
01:38:03.200 --> 01:38:06.449
Community Hall: And, Anne, do you remember what year you graduated from high school?
609
01:38:06.830 --> 01:38:09.440
Community Hall: What year did you graduate from high school? 610
01:38:09.580 --> 01:38:25.539
Community Hall: 207. 207, and you live in the community that you graduated from? Mountain View High School. Yeah, and you live in Mountain View, right? Yes. So it's important to you to stay here? Yes. Alright, so as you can see, my clients and I are really passionate about this project. This is our second time here. 611
01:38:25.540 --> 01:38:34.159
Community Hall: And I've seen firsthand how important it is for these folks to have the ability to live independently. They actually get
612
01:38:34.160 --> 01:38:49.369
Community Hall: the most opportunity to flourish when they have their own space.
And if you ask me, this vulnerable population, one of the most vulnerable populations in your community, is more important than 89 parking spaces. Thank you, everyone. I'll yield the rest of my time.
613
01:38:49.900 --> 01:38:51.020
Community Hall: Thank you.
614
01:38:52.150 --> 01:39:01.220
Community Hall: The next group we have, is Lena, Roberta… Debbie? 615
01:39:01.790 --> 01:39:02.950
Community Hall: Aditya?
616
01:39:05.500 --> 01:39:06.619
Community Hall: And Michael?
617
01:39:07.160 --> 01:39:08.949
Community Hall: You guys will have 5 minutes.
618
01:39:10.970 --> 01:39:11.880
Community Hall: Welcome.
619
01:39:12.030 --> 01:39:31.639
Community Hall: Thank you. Good evening, Mayor Moore and Council Members. My name is Lena, and I live in the Garden Gate neighborhood. I'm speaking tonight because approving this project without environmental review would violate the California Environmental Quality Act, CEQA. What you describe tonight does not cure it. You're trying to sidestep it by avoiding the term project.
620
01:39:32.000 --> 01:39:48.730
Community Hall: CEQA exists for a simple reason, because a city… before a city makes a decision that changes the physical environment, it has to actually study the impacts. Exemptions are supposed to be narrow, and the city, not the public, has the burden of proving that an exemption really applies. 621
01:39:49.260 --> 01:39:56.500
Community Hall: Here, the city claims this project is exempt as routine infill housing, but this claim ignores what is actually in the record. 622
01:39:56.550 --> 01:40:09.549
Community Hall: This project would permanently eliminate at least 89 parking spaces, possibly more if you read your hexagon study more carefully. You guys need to create extra space for ingress and egress, so it's more than 89 spots getting lost.
623
01:40:09.900 --> 01:40:25.689
Community Hall: Okay, this city's exemption analysis assumes parking demand that explicitly ignores peak conditions. You guys only studied one Saturday between 12 o'clock to 1 o'clock in April on a non-festival day. That's unacceptable. We have a lot of traffic on the weekends.
624
01:40:26.530 --> 01:40:32.239
Community Hall: Okay, I'm going to cede my… the rest of my time to my colleagues here. Roberta, thank you.
625
01:40:33.100 --> 01:40:35.929
Community Hall: Good evening, Mayor and Council Members. 626
01:40:36.130 --> 01:40:41.749
Community Hall: I want to address the City's attempt to declare this land exempt surplus land.
627
01:40:42.170 --> 01:40:47.310
Community Hall: The Surplus Land Act exists to protect public property. 628
01:40:47.490 --> 01:40:57.979
Community Hall: Before a city can dispose of land, it must first make a good faith determination that the land is not necessary for present or future public use. 629
01:40:58.080 --> 01:41:00.489
Community Hall: Here, the city has not done that.
630
01:41:00.750 --> 01:41:09.579
Community Hall: The land at issue is currently functioning as a public right-of-way and public parking resource. People use it every day.
631
01:41:09.850 --> 01:41:21.320
Community Hall: Especially during Memorial Park events, yet the city's resolution simply cites statutory language without explaining how land that is actively serving the public
632
01:41:21.460 --> 01:41:23.879
Community Hall: Suddenly becomes unnecessary.
633
01:41:24.440 --> 01:41:28.970
Community Hall: That's not a real analysis, it's a conclusion without evidence. 634
01:41:29.240 --> 01:41:40.559
Community Hall: Even more concerning, the city appears to be doing this backward, first deciding to develop the land, and then declaring it surplus because the project requires it.
635
01:41:40.930 --> 01:41:45.639
Community Hall: The Surplus Land Act does not allow that kind of bootstrapping. 636
01:41:45.920 --> 01:41:50.100
Community Hall: Public land cannot be declared surface… surplus. 637
01:41:50.220 --> 01:41:54.009
Community Hall: Just because a private development would like to use it. 638
01:41:54.490 --> 01:42:01.479
Community Hall: Compliance with the Surplus Law Act is a condition precedent to lawful conveyance.
639
01:42:01.780 --> 01:42:10.450
Community Hall: Because the city has not made the required findings supported by evidence, the proposed disposition of this land is invalid. 640
01:42:10.680 --> 01:42:12.720
Community Hall: The city needs to pause.
641
01:42:12.880 --> 01:42:20.079
Community Hall: Follow the statute and make a genuine determination about public need before moving forward.
642
01:42:20.410 --> 01:42:21.430
Community Hall: Thank you.
643
01:42:22.390 --> 01:42:23.510
Community Hall: Thank you.
644
01:42:24.240 --> 01:42:25.020
Community Hall: Sorry.
645
01:42:25.920 --> 01:42:28.319
Community Hall: It's clearly not a very good evening.
646
01:42:28.520 --> 01:42:30.570
Community Hall: Due process is being stream-rolled.
647
01:42:30.700 --> 01:42:33.039
Community Hall: Some of the council members pointed it out. 648
01:42:33.140 --> 01:42:42.260
Community Hall: It seems like the staff, the city… the staff is not working for the city. The city is working for the staff. Wrong. It's completely wrong. 649
01:42:43.390 --> 01:42:57.709
Community Hall: we have almost a $3 million mistake where people don't even know if it's a loan, or if it's a, you know, the interest rate is below market. Who are we? Are we city taxpayers subsidizing developers here? What are we trying to do here? Are we a bank?
650
01:42:57.810 --> 01:43:16.910
Community Hall: Is the city of Cupertino a bank that finances developers? I don't think so. I'm a taxpayer. I don't like it. I've been here for 25 years. This is not what cities do. This is clearly not what cities do. I'm extremely disappointed in the way this project is being pushed forward, in spite of heavy resident opposition.
651
01:43:17.350 --> 01:43:32.720
Community Hall: If the interests of the city, the residents are immaterial here, the laws seem to be immaterial, the exemptions seem to be flowing through the roof, you know, for… imagine a residential project being pushed through with these kind of exemptions, you know. Come on, give me a break.
652
01:43:32.730 --> 01:43:51.249
Community Hall: You know, this… why is the city being… taking our tax dollars, okay? Why are we hiding behind density bonus law? The city, the council, must answer as to why we are using this law as an excuse to disregard real impacts to open space, to safety. My daughter was here.
653
01:43:51.610 --> 01:44:06.240
Community Hall: standing behind for 3 hours at the last city council meeting. What has happened? Mayor Cha was the mayor, I think, at that time, and she's questioning the attorney, and she's just, like, shrugging it off and saying. 654
01:44:06.240 --> 01:44:16.080
Community Hall: Oh, you know, we're gonna do something. You know, I was there. My daughter stood here, and we are taking our own very children and are ignoring their rights completely.
655
01:44:17.620 --> 01:44:21.179
Community Hall: Thank you, that is your time. And thank you when something good happens out of this.
656
01:44:22.760 --> 01:44:31.779
Community Hall: Thank you. Next up, I'm gonna ask, due to the number of, requests to speak tonight, if you guys can line up in, an order, to… 657
01:44:31.800 --> 01:44:43.930
Community Hall: get this going. Next up we have George Zhu, followed by Paul Krupka, followed by Hadiya Fain, followed by Michael Chu. Welcome, George. 658
01:44:44.270 --> 01:44:46.029
Community Hall: You'll have 90 seconds.
659
01:44:46.370 --> 01:45:02.480
Community Hall: Hello, members of City Council, good evening, ladies and gentlemen.
I'm here to express my serious concerns of this, the danger and the safety threat that this product is bringing to the cyclists and the pedestrians of Mary Avenue.
As you may know.
660
01:45:02.870 --> 01:45:10.999
Community Hall: Can I have the projector? As you may know, this, project is, located on,
661
01:45:11.240 --> 01:45:26.350
Community Hall: bike lane that is connecting the Mary Avenue Bridge to… all the way to the Bienza College. But even though the projects have claimed to solve this problem, it actually has not. What we have seen here is that we have 662
01:45:26.350 --> 01:45:38.790
Community Hall: 50% narrower bike lanes, at the, at the intersection, and it's actually creating a very dangerous traffic merge point of all the cyclists, pedestrians, and cars all into the same
663
01:45:38.800 --> 01:45:45.110
Community Hall: Same place. Furthermore, it increases the chance of congestion collision because it opens up
664
01:45:45.260 --> 01:45:51.540
Community Hall: cars and, entry points to an already very congested, congested 665
01:45:51.680 --> 01:46:07.110
Community Hall: intersection. And, what we have seen from the past is that this area, or this exact location of the proposal, is, is located on the City of Carpino Collegiate heatmap as a place that
666
01:46:07.360 --> 01:46:24.969
Community Hall: has multiple occurrences of traffic accidents in the past. So, this, this… I'd also like adding a sidewalk to this, project not actually improvement, so we cannot… Thank you, George. That is your time. Of the pedestrians, and… Thank you, George.
667
01:46:25.090 --> 01:46:26.560
Community Hall: Welcome, Paul.
668
01:46:28.080 --> 01:46:30.880
Community Hall: Good evening, Mayor… Mayor Moore, and…
669
01:46:31.030 --> 01:46:35.319
Community Hall: Council members, I'm Paul Krupko, owner of Krupko Consulting. 670
01:46:35.680 --> 01:46:44.779
Community Hall: I appreciate the opportunity to highlight my comments on the transportation study for the Mary Avenue Villas project that are contained in my letter that I submitted to you.
671
01:46:45.260 --> 01:46:49.660
Community Hall: The parking evaluation does not address the parking conditions on Mary Avenue
672
01:46:49.760 --> 01:46:59.779
Community Hall: During a major festival at Memorial Park, when the street is effectively inundated with festival parking. In fact, I know of no formal study of this critical issue.
673
01:47:00.100 --> 01:47:06.610
Community Hall: This is insufficient, given that 6 major festivals and numerous other events are held at Memorial Park each year.
674
01:47:06.850 --> 01:47:10.290
Community Hall: And affected residents have voiced significant concerns 675
01:47:10.500 --> 01:47:14.540
Community Hall: To city staff and officials about the project's impact in this light.
676
01:47:14.770 --> 01:47:27.820
Community Hall: Additional study is required to provide findings that inform the reader, city staff, other review agencies, and decision makers about the project's impact on parking and potential improvements to address it. 677
01:47:28.210 --> 01:47:34.289
Community Hall: A major festival at Memorial Park has a dramatic impact on parking conditions.
678
01:47:34.740 --> 01:47:42.939
Community Hall: on Mary Avenue without the project. The project impact reduction in parking supply creates an unsustainable deficiency
679
01:47:43.290 --> 01:47:54.020
Community Hall: that affects residents and visitors alike. Further study and development of alternative improvements are necessary to enable a fully formed decision on the project.
680
01:47:54.400 --> 01:48:01.089
Community Hall: In conclusion, the project creates an unsustainable deficiency that requires further study.
681
01:48:01.480 --> 01:48:04.149
Community Hall: And I would like to thank you for your time. 682
01:48:04.990 --> 01:48:06.210
Community Hall: Thank you, Paul.
683
01:48:07.280 --> 01:48:16.349
Community Hall: Next up, we have Hadiyah Bain, followed by Michael Chu, followed by Jennifer Lucas, followed by Lisa Zuko. Welcome, Hadiya. 684
01:48:17.160 --> 01:48:23.130
Community Hall: Thank you. Hadiya Fain, Vice President of Marketing and Development for Life Services Alternatives.
685
01:48:23.250 --> 01:48:31.369
Community Hall: I'm just gonna talk to you tonight, because I think there's a lot of, feelings in this room, and I… I want to make sure that I'm clear. 686
01:48:32.070 --> 01:48:33.360
Community Hall: Cupertino.
687
01:48:33.900 --> 01:48:36.830
Community Hall: Originally founded on Ohlone land.
688
01:48:37.270 --> 01:48:40.030
Community Hall: annexed from San Jose.
689
01:48:40.310 --> 01:48:55.290
Community Hall: Because of fear of taxation. And here we are today, Cupertino. And all of you stand as individuals and representatives of maybe… maybe a group of people that wouldn't have let you in their… their home all those years back, way when.
690
01:48:55.400 --> 01:49:08.159
Community Hall: I'm really proud of where we come. I'm really proud of where Mary Ave has gotten us, and I want to thank you for allowing this project to go through.
But before I finish out my statement.
691
01:49:08.160 --> 01:49:18.189
Community Hall: I just want to say to the rest of those who are in the room, the message that you're sending to the world tonight, the message that you're sending to the world moving forward, is that
692
01:49:18.390 --> 01:49:26.270
Community Hall: There's more space, in Cupertino for AI than there is for IDD. 693
01:49:26.470 --> 01:49:29.790
Community Hall: There is a huge closed loop…
694
01:49:29.960 --> 01:49:33.930
Community Hall: In the center of your city that says, you're not welcome. 695
01:49:34.110 --> 01:49:35.959
Community Hall: And I think it's time…
696
01:49:36.150 --> 01:49:48.939
Community Hall: to push for a change. I want to thank you. Thank you for allowing Mary Avenue to go forward. Thank you for the work that's already being done, and I want this circus, this one-ring circus to stop. Thank you. 697
01:49:49.350 --> 01:49:50.709
Community Hall: Thank you, Hadiya.
698
01:49:51.210 --> 01:49:59.750
Community Hall: Next up, we have Michael Chu. Welcome, Michael. Good evening, council members. I'm a Cuppetuna resident who lives near the Mary Avenue project. 699
01:49:59.880 --> 01:50:06.019
Community Hall: I came here tonight not to repeat everything we've already said about safety and traffic, but to talk about trusts.
700
01:50:06.340 --> 01:50:07.630
Community Hall: and representation.
701
01:50:08.200 --> 01:50:14.059
Community Hall: Over the past few months, many of us have written in, signed petitions, come to meetings, and stood at this podium.
702
01:50:14.190 --> 01:50:25.539
Community Hall: We've taken time away from our families and our work to share real concerns from people who actually live in this neighborhood. Yet, from where we sit, it feels like our input has little to no impact on your decision or your direction.
703
01:50:25.640 --> 01:50:27.879
Community Hall: That is deeply disappointing.
704
01:50:28.230 --> 01:50:32.240
Community Hall: You're supposed to look out for the interests of existing residents.
705
01:50:32.570 --> 01:50:39.779
Community Hall: When we keep showing up and nothing seems to change, it sends a message that our voices do not really matter, that the agenda was set 706
01:50:39.910 --> 01:50:42.410
Community Hall: Long before we walked in the door.
707
01:50:43.380 --> 01:50:46.330
Community Hall: I struggled whether to even come up here and speak tonight. 708
01:50:46.600 --> 01:50:47.950
Community Hall: But I decided…
709
01:50:48.060 --> 01:51:03.229
Community Hall: to come up anyways, because I want you to look at the people you're affecting and understand how this process feels from our side. We're not outsiders dropping in for a single issue. We're your neighbors. We raise kids here, bike on the streets, living with daily impacts of every decision that you make. 710
01:51:03.390 --> 01:51:07.330
Community Hall: But it feels like you're telling us that our lived experience doesn't count.
711
01:51:07.640 --> 01:51:08.800
Community Hall: I hope I'm wrong.
712
01:51:09.170 --> 01:51:10.750
Community Hall: I hope you'll prove me wrong.
713
01:51:11.360 --> 01:51:16.020
Community Hall: Your actions will show us whether our voices as existing residents truly matter.
714
01:51:16.300 --> 01:51:19.140
Community Hall: Or it's just a box check exercise.
715
01:51:19.350 --> 01:51:20.369
Community Hall: I'll leave it at that.
716
01:51:20.700 --> 01:51:21.450
Community Hall: We'll see.
717
01:51:21.740 --> 01:51:23.340
Community Hall: Thank you, Michael.
718
01:51:24.830 --> 01:51:30.250
Community Hall: Next up, we have Jennifer Lucas, followed by Lisa Zugel, followed by Stephen Kwan.
719
01:51:30.660 --> 01:51:43.439
Community Hall: Welcome, Jennifer. Thank you. Good evening, Mayor, Vice Mayor, and City Council members. My name is Jennifer Lucas. I'm the Manager of the Central Coast Office of the California State Council on Developmental Disabilities. 720
01:51:43.560 --> 01:52:00.299
Community Hall: We are an independent state agency. We're charged with advocating for systems that promote self-direction, inclusion, and independence for people with intellectual and developmental disabilities. And affordable housing is critical foundation of that work.
721
01:52:00.300 --> 01:52:11.589
Community Hall: A couple of weeks ago, we heard a strong and unified message from the disability community asking that the Mary Avenue Villas project be allowed to move forward.
722
01:52:11.630 --> 01:52:24.580
Community Hall: and to become a reality. We heard from people with intellectual and developmental disabilities who shared how much they want and value what many of us take for granted. A house of our own, a place of our own near our families. 723
01:52:24.740 --> 01:52:41.920
Community Hall: In California, we have the Lanerman Act, a unique civil rights law.
No other state has anything like that. It was created that… it created the regional center system. It guarantees services and supports to people with developmental disabilities, so they can be part of their communities. And regional centers. 724
01:52:41.970 --> 01:53:01.279
Community Hall: who… which are created by the Lanerman Act, don't pay for housing, unfortunately. They pay for the services and supports that help people live and thrive in the communities. And that's where projects like Mary Avenue Villas comes in. Mary Avenue would provide the housing and the opportunity, and the Regional Center would provide those services to people.
725
01:53:01.540 --> 01:53:14.149
Community Hall: I urge you to move this project forward, and show that Cupertino is a place where everyone belongs. Thank you. Thank you, Jennifer. Next up, we have Lisa, followed by Stephen Kwan, followed by David Hollister. Welcome, Lisa. 726
01:53:14.410 --> 01:53:32.140
Community Hall: Thank you. Thank you, City Council, for your tremendous leadership to take this project to this place. And I want to thank all the community who is here today, no matter the point of view that you bring. We are all here tonight because we care about community.
727
01:53:33.260 --> 01:53:43.219
Community Hall: And what is community? To me, there are really two elements to the heart of community. One is leadership. Leadership like you all show. 728
01:53:43.430 --> 01:53:45.409
Community Hall: And the other is home.
729
01:53:46.330 --> 01:53:59.719
Community Hall: So what is leadership here when we look at leadership in Cupertino? We know that two of your top priorities here, our top priorities in this Valley, are innovation and inclusion.
730
01:53:59.990 --> 01:54:06.989
Community Hall: And that is something that we can truly make real through this project, through the Mary Villas project.
731
01:54:07.630 --> 01:54:10.290
Community Hall: And then, when we think about home.
732
01:54:10.380 --> 01:54:28.289
Community Hall: home is really not just about the brick and mortar, and that's what we're arguing about tonight, is the brick and mortar, but it goes even beyond that, as you've heard from some of the individuals here with IDD, and those who care enough to support them, just like you care enough to put this on the agenda and support them.
733
01:54:28.380 --> 01:54:34.970
Community Hall: Home is about belonging, it's about agency, it's about being able to contribute in your community.
734
01:54:35.070 --> 01:54:52.730
Community Hall: I know this because my son is living on his own with support, and he has turned around his life because of that. You can open doors for so many others by saying yes. So, yes to Mary Villa's, and keep the heartbeating here in Cupertino. Thank you, Lisa.
735
01:54:52.730 --> 01:54:58.070
Community Hall: Next up, we have Steven Kwan, followed by David Hollister, followed by Corey Wolbach.
736
01:54:58.070 --> 01:55:12.859
Community Hall: Welcome, Steven. Thank you, Madam Mayor, Madam Vice Mayor, City Council members. I think this is really about hope. As the Landerman Act was mentioned earlier, there are 250 people in Cupertino that are adults that need to be
737
01:55:13.260 --> 01:55:18.619
Community Hall: have the option of living on their own. And so, with that. 738
01:55:19.100 --> 01:55:28.129
Community Hall: there are gonna be at least 30 more this year, because that's how many will graduate, at least in the Moda Vista class, because they had to turn away kids from the
739
01:55:28.300 --> 01:55:35.190
Community Hall: DESP program and put them over in Lynnbrook, because that's what happened to my friend. My son graduated from
740
01:55:35.930 --> 01:55:41.560
Community Hall: Mona Vista, and I hope he gets to stay in the community. Thank you. 741
01:55:42.840 --> 01:55:44.540
Community Hall: Thank you, Steven.
742
01:55:44.890 --> 01:55:47.179
Community Hall: Next up, we have David Hollister.
743
01:55:47.510 --> 01:55:51.590
Community Hall: Followed by Corey Wolbeck, followed by Connie Cunningham. Welcome, David.
744
01:55:51.770 --> 01:56:05.330
Community Hall: Thank you. Hello, my name's David Hollister. I'm a homeowner at Casa De Anza, and I oppose this project. We have a lot of parking spaces, including 28 745
01:56:05.830 --> 01:56:11.090
Community Hall: space… Detached parking for overflow, guests. 746
01:56:11.500 --> 01:56:16.990
Community Hall: Guests that are, Parties that are… we often have at the pool house. 747
01:56:17.460 --> 01:56:22.110
Community Hall: We do occasionally now get people from events. 748
01:56:22.550 --> 01:56:26.150
Community Hall: Who aren't guests, or aren't residents, O's… 749
01:56:26.320 --> 01:56:29.199
Community Hall: Come into our parking lot and park there. 750
01:56:29.380 --> 01:56:35.779
Community Hall: We're gonna lose 89 spaces right next door to… Casa Deanza. 751
01:56:35.890 --> 01:56:39.959
Community Hall: It's hard for me to believe that the problem isn't gonna get worse. 752
01:56:40.190 --> 01:56:45.680
Community Hall: We have, in the last 10 years, talked about ways to try and isolate that parking.
753
01:56:45.880 --> 01:56:54.889
Community Hall: Lot, so these outsiders won't park there, but we decided it wouldn't be worth it, and it'd be too, police-state-like. 754
01:56:55.160 --> 01:57:02.610
Community Hall: I'm also opposed… Because of… not that I'm a bike rider, but I do support
755
01:57:03.620 --> 01:57:07.690
Community Hall: bike paths, bike trails. Five years ago, they made a nice improvement.
756
01:57:08.030 --> 01:57:16.100
Community Hall: on Mary Avenue, increases safety for bicyclists and joggers tremendously. Now you're gonna go backwards.
757
01:57:17.550 --> 01:57:20.639
Community Hall: backwards, you're gonna lose 89 space, and the 758
01:57:20.760 --> 01:57:24.510
Community Hall: parking… I mean, excuse me, the bike lanes are gonna be worse. 759
01:57:25.210 --> 01:57:33.380
Community Hall: Opposed to it. Thank you, David. Next up, we have Corey Wolbeck, followed by Connie Cunningham, followed by Gene Schwab. Welcome, David. 760
01:57:36.250 --> 01:57:47.289
Community Hall: Good evening, honorable mayor and Council Members and City Staff.
My name is Corey Wolbach from SV at Home. SV at Home is a non-profit. We work across Santa Clara County to advance affordable housing. 761
01:57:47.750 --> 01:57:49.939
Community Hall: We strongly support.
762
01:57:50.170 --> 01:57:59.690
Community Hall: Mary Avenue villas. This is a thoughtful and deeply needed affordable housing development that reflects years of careful planning 763
01:57:59.820 --> 01:58:02.700
Community Hall: Public engagement and collaboration.
764
01:58:02.820 --> 01:58:06.940
Community Hall: This project serves residents who face To be clear. 765
01:58:07.130 --> 01:58:10.549
Community Hall: Extremely limited housing options.
766
01:58:11.080 --> 01:58:14.339
Community Hall: And this is a perfect location.
767
01:58:14.600 --> 01:58:16.240
Community Hall: It's on city-owned land.
768
01:58:16.530 --> 01:58:26.380
Community Hall: Near transit and services, and is already explicitly identified as a priority site for affordable housing.
769
01:58:26.510 --> 01:58:29.609
Community Hall: in Cupertino's housing element.
770
01:58:30.680 --> 01:58:42.740
Community Hall: On behalf of SV at Home, we respectfully urge you to approve the Mary Avenue Villas project tonight, and allow it to move forward without further delay.
771
01:58:43.050 --> 01:58:44.290
Community Hall: Further delay.
772
01:58:44.440 --> 01:58:49.859
Community Hall: cannot improve this project anymore. It could only serve To obstruct the project.
773
01:58:50.810 --> 01:58:54.589
Community Hall: Thank you for your time, and your consideration, and your public service.
774
01:58:56.140 --> 01:58:57.550
Community Hall: Thank you, Corey.
775
01:58:57.940 --> 01:59:01.829
Community Hall: Next up, we have Connie Cunningham, followed by Jean Schwab.
Welcome, Connie.
776
01:59:02.980 --> 01:59:03.990
Community Hall: Thank you.
777
01:59:05.750 --> 01:59:11.480
Community Hall: Can you open the, for this, there. There you go. 778
01:59:12.170 --> 01:59:13.309
Community Hall: Thank you.
779
01:59:13.490 --> 01:59:27.220
Community Hall: Good evening, Honorable Mayor, Vice Mayor, Council Members. I'm Connie Cunningham, Chair of the Housing Commission. Speaking for myself only, I'm also a 38-year resident. I support the Mary Avenue Villas Project. 780
01:59:27.380 --> 01:59:32.250
Community Hall: Former Mayor Scharf made this a council priority in 2019. 781
01:59:32.520 --> 01:59:35.049
Community Hall: Thank you. Thank you.
782
01:59:35.220 --> 01:59:40.830
Community Hall: To councils that have moved this project forward through many approval steps since then.
783
01:59:40.950 --> 01:59:47.850
Community Hall: Including the housing element, which was approved by California's state, HCD, in September 2024.
784
01:59:48.200 --> 01:59:55.170
Community Hall: Six months later, The Housing Commission recommended over $3 million in funds for this project.
785
01:59:55.380 --> 01:59:58.140
Community Hall: Thank you to the City Council that added 786
01:59:58.320 --> 02:00:01.799
Community Hall: A million dollars more in funds to that recommendation. 787
02:00:02.240 --> 02:00:03.970
Community Hall: Thank you again.
788
02:00:04.630 --> 02:00:09.769
Community Hall: Thank you again for moving the project forward on December 12th, 2025.
789
02:00:10.310 --> 02:00:23.230
Community Hall: I have spoken at several City Council meetings to support this well-planned and much-needed project, including January 21st, 2026, which was really recent.
790
02:00:23.660 --> 02:00:31.000
Community Hall: I urge you to vote yes on the recommended actions of Agenda Item 8 for the Mary Avenue Villas project.
791
02:00:31.740 --> 02:00:34.390
Community Hall: And thank you so much for this time to speak. 792
02:00:36.590 --> 02:00:37.920
Community Hall: Thank you, Connie.
793
02:00:38.400 --> 02:00:45.000
Community Hall: Next up, we have Jean Schwab, followed by Emily, followed by… Aditya Agarwal?
794
02:00:45.340 --> 02:00:48.590
Community Hall: Followed by Richard Lowenthal. Welcome, Jean. 795
02:00:49.250 --> 02:00:50.049
Community Hall: Thank you.
796
02:00:54.350 --> 02:00:57.470
Community Hall: Can you hear me? Yeah, thank you.
797
02:00:59.720 --> 02:01:06.999
Community Hall: I had a lot more that I wanted to say today, but without the limited time, I will…
798
02:01:07.420 --> 02:01:09.310
Community Hall: Tell you just a little bit.
799
02:01:09.460 --> 02:01:16.749
Community Hall: All of us, I'm a long-time resident of Casa De Anza, and live right on Mary Avenue.
800
02:01:17.250 --> 02:01:20.610
Community Hall: For many years,
801
02:01:21.030 --> 02:01:32.479
Community Hall: the property, this tiny bit of property, has been under the microscope of, the Rotary Club.
802
02:01:32.970 --> 02:01:52.779
Community Hall: From the beginning, the project was promoted by Rotary of Cupertino. Three of five council members, or two, I'm not quite sure how many, are active members of the Rotary Club, which shows a definite bias for this project. 803
02:01:52.990 --> 02:02:09.610
Community Hall: Mary Avenue's tiny strip of land has long been a target of the Rotary Club's desire to build on it. There have been previous projects. In the past, Mary Avenue had a third traffic lane, and 5 years ago. 804
02:02:09.740 --> 02:02:29.570
Community Hall: Mary Avenue was torn apart. The city took away the third lane and realigned the street to provide safe bike lanes buffered by parking spaces.
Residents were not consulted, but there was no pushback because it was a good plan and a good use for Mary Avenue.
805
02:02:29.640 --> 02:02:33.720
Community Hall: The villas… Thank you, Jean. That is your time. 806
02:02:34.480 --> 02:02:40.590
Community Hall: Next up, we have Emily, followed by Aditya Agrawal, followed by Richard Lowenthal. Welcome, Emily.
807
02:02:41.190 --> 02:02:43.200
Community Hall: Good evening, council members.
808
02:02:43.570 --> 02:02:45.950
Community Hall: And the Mayor and vice mayor.
809
02:02:46.390 --> 02:02:57.410
Community Hall: Public land is one of the most valuable assets a city holds. When you give away right-of-way, you are giving away something that belongs to every resident, not just today, but for generations.
810
02:02:57.790 --> 02:03:05.119
Community Hall: If the city wants to transfer public land, it must demonstrate a clear, measurable public benefit. That analysis has not been presented. 811
02:03:05.260 --> 02:03:16.840
Community Hall: Instead, we see a proposal that removes public parking, reduces circulation, and hands over land to a private developer without showing why this is necessary, or how the public benefits.
812
02:03:17.270 --> 02:03:28.750
Community Hall: It is also important to remember that a public street is not an ordinary city-owned street. Under California law, a public right-of-way is held in trust for Cupertino residents and dedicated to public use. 813
02:03:28.750 --> 02:03:41.979
Community Hall: Because it exists for the public, the city does not have the discretion to simply give it away to a private housing developer unless it first makes formal findings that a street is no longer needed for public use, and those findings have not been made.
814
02:03:42.290 --> 02:03:50.530
Community Hall: Stewardship means protecting public assets, not disposing of them without full justification. The public interest must come first. Thank you. 815
02:03:51.880 --> 02:03:56.400
Community Hall: Thank you, Emily. Next up, we have Adita Aguwal. 816
02:03:57.050 --> 02:03:57.930
Community Hall: It's there.
817
02:03:59.100 --> 02:04:00.140
Community Hall: Adita?
818
02:04:00.740 --> 02:04:01.680
Community Hall: Welcome.
819
02:04:03.390 --> 02:04:10.189
Community Hall: Hi, this is Natraj, I'm proxying for Aditya. Okay. Yeah, honorable council members, and…
820
02:04:10.490 --> 02:04:16.979
Community Hall: Thank you for the opportunity. The question I have is, have you looked at other options?
821
02:04:17.380 --> 02:04:29.699
Community Hall: For example, Westport and then the Walco, there are new developments coming in. I mean, the city could help broker a deal for the wonderful folks here to actually get some housing.
822
02:04:29.760 --> 02:04:45.399
Community Hall: I mean, have you exhausted that possibility, or just given up, right? And you want to start something new. So you want to exhaust all possibilities, and then move forward with other solutions. That's my request. Thank you.
823
02:04:47.010 --> 02:04:55.119
Community Hall: Thank you. Next up, we have Richard Lowenthal, followed by Rhoda Frye, followed by Anita Luzbrink. Welcome, Richard.
824
02:04:55.270 --> 02:04:59.599
Community Hall: Thank you very much, Madam Mayor and the Councilmember. Thanks for having me tonight.
825
02:04:59.740 --> 02:05:03.449
Community Hall: I'm a 43-year resident of Cupertinos.
826
02:05:03.560 --> 02:05:12.179
Community Hall: It was quite a long time. So… so I've run several of the festivals at… at, Memorial Park, and I've… so I've used
827
02:05:12.310 --> 02:05:18.139
Community Hall: That parking space, it is not nearly as valuable as housing for people.
828
02:05:18.490 --> 02:05:27.449
Community Hall: Occasional use of those parking spaces. It's very occasional. It's a few days a year. It's nothing like providing homes for people. 829
02:05:28.150 --> 02:05:34.520
Community Hall: people that… can walk to Memorial Park, can walk to the Senior Center, can walk to De Anza College.
830
02:05:34.730 --> 02:05:38.089
Community Hall: and can have a place to live. There's just no comparison. 831
02:05:38.580 --> 02:05:55.350
Community Hall: As far as safety is concerned, getting that road narrower will make it safer. I was involved in building the Marriott Avenue pedestrian Bridge. That was to make a safe way to get people up to De Anza College, because most of the people coming from De Anza College were coming
832
02:05:55.590 --> 02:06:07.410
Community Hall: from that side, from Sunnyvale and outside the city, and so we wanted a safe place. But that road is too fast to be safe. So I'm welcoming sidewalks, that'll help.
833
02:06:07.600 --> 02:06:11.889
Community Hall: I'm welcoming it be a bit narrower. I think that'll help with safety.
834
02:06:12.170 --> 02:06:21.010
Community Hall: And above all, providing good housing for people is just more important than the occasional inconvenience of a few parking spaces. Thanks very much.
835
02:06:21.990 --> 02:06:38.700
Community Hall: Thank you, Richard. Next up, we have Rhoda Fry, followed by Anita Luzbrink, followed by Patricia Han. Welcome, Rhoda. Hi, good evening. My main comments really have to do with, protecting Cupertino, our mothership, right? I was really alarmed when I looked at the
836
02:06:38.770 --> 02:06:53.609
Community Hall: agenda that you're voting on a project that could be sold to a for-profit in 55 years. Like, who knew after all of these hearings? And it's inconsistent with General Plan 99. I understand that's been changed, that's great, but that's not what's back there.
837
02:06:53.630 --> 02:07:01.150
Community Hall: I did not… I didn't learn to change until I came here tonight. So this whole project has been really very…
838
02:07:01.480 --> 02:07:21.969
Community Hall: I think this has been a study on how to manage a project better in the future. You know, Cupertino can't make more land, so what will we do? Well, I guess now it's 99 years, so I'm not going to worry about too much about that, but I really appreciate Councilmember Wong's ideas about, you know, making sure that we get compensation
839
02:07:21.970 --> 02:07:28.530
Community Hall: If things go belly up, I think we should get a bonus on interest paid, you know, get the land back,
840
02:07:28.530 --> 02:07:35.580
Community Hall: And, the other… I do have some concerns about parking. These are probably more general concerns and specific to this project. 841
02:07:35.580 --> 02:08:00.170
Community Hall: Look, we know that, De Anza College is looking toward monetizing left and right. You look at the farmer's market, they were charging zero. Now they're charging the operator a thousand bucks a week. So, parking is an issue.
They do lease out land to other… it's not just festivals, other things, and that's going to put pressure on the neighborhood. We're going to have to keep an eye on that. Let's become friends with De Anza. Thank you.
842
02:08:02.020 --> 02:08:05.060
Community Hall: Thank you, Rhoda. Next up, we have Anita. 843
02:08:05.260 --> 02:08:06.430
Community Hall: Welcome, Anita.
844
02:08:10.170 --> 02:08:23.849
Community Hall: Hi, my name is Anita Lucebrink, and, when, good evening. When I, looked up, the question, is, there a… there a housing problem in Silicon Valley? 845
02:08:23.850 --> 02:08:31.449
Community Hall: AI, which is the first thing that answers on Google, said, affordable housing is a severe, long-term.
846
02:08:32.040 --> 02:08:39.350
Community Hall: crisis in the area. 96% of residents, cite housing costs as a top concern.
847
02:08:39.460 --> 02:08:42.529
Community Hall: It is the least affordable region in the world. 848
02:08:42.620 --> 02:09:02.450
Community Hall: Increasing numbers of homeless and many people are leaving the area have been the result of this. We need to look out, not only… not… we need to look to not only the families of people with disabilities that cannot advocate for themselves, but to our community to support these people. 849
02:09:02.580 --> 02:09:17.399
Community Hall: Specifically for those with IDD, consistency and familiarity are crucial. People can be brilliant in one area and still not grasp basic tools for functioning, which we call ADLs, or activities of daily living. 850
02:09:17.440 --> 02:09:26.040
Community Hall: and working with others. Their support system is usually very much smaller than the normal, and can be just family and the regional center. 851
02:09:26.290 --> 02:09:41.769
Community Hall: Addressing the objections to the loss of parking spaces, the city does not see a problem with loss of parking spaces in general, and most developments have at least one parking space per unit, and the area… 852
02:09:42.580 --> 02:09:47.959
Community Hall: And this is an anomaly, and I appreciate your consideration. Thank you, Anita.
853
02:09:48.320 --> 02:09:51.279
Community Hall: Next up, we have Patricia Hahn. Welcome, Patricia. 854
02:09:52.330 --> 02:10:10.579
Community Hall: Hi, yes, hello, council members. This is my first meeting here, and, my friend actually told me about this, Mary project that's going on. So, I was born and raised in Cupertino, and
855
02:10:10.780 --> 02:10:30.479
Community Hall: there's a, you know, Cupertino flight out of here. I do have an autistic cousin, so I do know it is important for, you know, IDD residents to have affordable housing. However, in this area, I don't know if that's possible, because there's so many
856
02:10:32.300 --> 02:10:37.720
Community Hall: wealthy people. And then, the second thing is, so… 857
02:10:38.000 --> 02:10:44.519
Community Hall: There's a… I'm also kind of, a part of… can you see this? 858
02:10:45.270 --> 02:11:02.889
Community Hall: Friends of Children with Special Needs, and then it's a non-profit organization, and then they also have supported living services and, how do I say, and independent living services. So, are these housing… 859
02:11:03.760 --> 02:11:07.430
Community Hall: houses on Mary Avenue, 18 of them.
860
02:11:07.560 --> 02:11:13.129
Community Hall: Are they going to be assisted living, or are they going to be independent or supported living?
861
02:11:13.300 --> 02:11:25.819
Community Hall: Additionally, if public money is being used, then all public concerns should be fully addressed. Why can't there be a parking garage built to address these issues? But…
862
02:11:25.960 --> 02:11:38.960
Community Hall: Just saying, I'm a… yes, I'm a insurance agent, and… Thank you, Patricia. Yes, parking, or the number one thing is, yes, people… 863
02:11:39.870 --> 02:11:41.819
Community Hall: Thank you, Patricia. That is your time. 864
02:11:42.480 --> 02:11:47.430
Community Hall: Next up, we have… Denise?
865
02:11:48.360 --> 02:11:54.180
Community Hall: Followed by Luis Sedari, followed by, Gia… Gia Pham. 866
02:11:54.560 --> 02:11:56.010
Community Hall: Welcome, Denise.
867
02:11:57.010 --> 02:12:06.320
Community Hall: Hi there, good evening, I'm Denise Haaregi, and I wanted to touch base a little bit on the services. I know, during the presentation, we weren't able to get to that.
868
02:12:06.390 --> 02:12:20.849
Community Hall: So the people that would be residing at Murray Villas, or Murray Avenue Villas, would be getting support services from Housing Choices, which is coming from San Andreas Regional Center. And in addition to these services. 869
02:12:20.900 --> 02:12:32.970
Community Hall: Well, there would be supported living services, which provides 24-hour care. Independent Living Services, which provides a couple of hours of support during the week to help clients live independently. 870
02:12:32.970 --> 02:12:45.310
Community Hall: So, the goal of this project is for clients to live independently, with proper support. And the support, again, would vary by the individual moving into the home, because of the different services that they would need. 871
02:12:45.360 --> 02:12:48.119
Community Hall: So I wanted to just touch on that, because… 872
02:12:48.120 --> 02:13:07.040
Community Hall: it would be unique for every resident, and it was independent to Housing Choices. However, in addition to those services, Housing Choices would be on-site to help facilitate if there's any challenges on-site, such as getting a reasonable accommodation, from property management. Maybe they are having 873
02:13:07.040 --> 02:13:22.119
Community Hall: conflict with roommates, or not roommates, but maybe the neighbor.
Maybe they need help reading, a notice that's posted on their door. Housing Choices would be on-site about 20 to 25 hours a week to be able to facilitate that and help 874
02:13:22.200 --> 02:13:25.360
Community Hall: Work with other supportive services.
875
02:13:25.450 --> 02:13:26.350
Community Hall: Thank you.
876
02:13:26.920 --> 02:13:32.800
Community Hall: Thank you, Janiece. Next, we have Luis Sadotti, followed by Gia Pham, followed by Orr Mahoney.
877
02:13:33.330 --> 02:13:34.629
Community Hall: Welcome, Louise.
878
02:13:39.440 --> 02:13:42.109
Community Hall: Thank you for the opportunity to speak tonight. 879
02:13:44.040 --> 02:13:48.210
Community Hall: I wanted to say,
880
02:13:48.830 --> 02:13:54.080
Community Hall: Thank you to the City Council and staff for working proactively 881
02:13:54.250 --> 02:14:01.789
Community Hall: to meet the housing element requirements by H2D, which requires below market housing.
882
02:14:01.800 --> 02:14:17.659
Community Hall: Which this project would help meet. Removing this Mary Avenue project would put Cupertino in jeopardy of more builders' remedies coming and really changing our community with no input from the city council or city. 883
02:14:18.210 --> 02:14:21.759
Community Hall: There have been over 100 speakers representing 884
02:14:21.800 --> 02:14:31.130
Community Hall: the greater community that came in the previous City Council meeting that spoke in support of the Housing for IDD community at Mary Avenue. 885
02:14:31.130 --> 02:14:43.619
Community Hall: The Mary Avenue project has been reviewed and discussed over 15 to 20 years. The project discussions over these years have included input and analysis of the traffic, including cars, pedestrians, and bikes. 886
02:14:43.780 --> 02:14:47.830
Community Hall: Parking, architecture, funding, etc, etc. 887
02:14:47.920 --> 02:15:00.449
Community Hall: Some speakers tonight are now calling for continuous further study.
It's a way to stop the development forever. There is no other land in Cupertino that would be affordable for this project.
888
02:15:00.530 --> 02:15:15.649
Community Hall: Please include the IDD children growing and grown into adults that need housing in the community they grew in with their parents. We need to provide an inclusive, nurturing environment and community for them in Cupertino. Thank you, Louise. Thank you. Thank you.
889
02:15:15.840 --> 02:15:19.730
Community Hall: Next, we have Gia Baum, followed by Oren Mahoney. Welcome, Gia. 890
02:15:19.860 --> 02:15:20.940
Community Hall: See if they can.
891
02:15:23.170 --> 02:15:24.530
Community Hall: I have a video.
892
02:15:26.500 --> 02:15:30.860
Community Hall: Let me try to pull that up. Thank you for the reminder. It's not like a…
893
02:15:32.640 --> 02:15:39.449
Community Hall: You have it? Oh, okay, if you would… if that works for you, Warren, because you'll be next.
894
02:16:10.190 --> 02:16:16.459
Community Hall: You put it in there? Did I put it there? Check the US… check the… No, it's not. I put it on.
895
02:16:20.180 --> 02:16:22.629
Community Hall: I might need a fire brick or something. 896
02:16:24.420 --> 02:16:30.379
Community Hall: Why don't you do it? Go do it. I can try. Let's see here. I forget where I put it.
897
02:16:30.520 --> 02:16:36.740
Community Hall: I've been here, so… You could go. Oh. Okay, I… 898
02:16:40.360 --> 02:16:52.880
Community Hall: No, I don't remember. Sorry. So, video, I do see that I'm sharing it.
899
02:16:53.790 --> 02:16:55.259
Community Hall: Yeah, if you can play it.
900
02:16:57.270 --> 02:16:59.270
Community Hall: Is this…
901
02:16:59.500 --> 02:17:07.199
Community Hall: It's not broadcast. Is my video being… is it… is it showing? No? Yes, it's showing, you just play it. Okay, got it. We got it. 902
02:17:09.860 --> 02:17:10.709
Community Hall: Right.
903
02:17:10.840 --> 02:17:17.250
Community Hall: Good evening, Mayor and City Council, GFM, Communications Coordinator at Housing Choices. Cupertino.
904
02:17:17.250 --> 02:17:41.130
Community Hall: War derives from Latin and Italian caupertino, meaning little covered shelter. It's quite a sight now that Cupertino has grown into a vibrant city, with great schools, boba shops, and some of the best people. Like at the last city council meeting, this room was filled with inclusive housing advocates urging approval of Mary Avenue Villas. Among them were friends I met through my work at Housing Choices, disability self-advocates, Cupertino residents. 905
02:17:41.129 --> 02:17:54.890
Community Hall: Regional Center clients, Cupertino parent advocates, and community members who deeply care about this project, because it would mean safe and stable housing instead of institutions and homelessness. This is a community-wide supported project, including
906
02:17:55.240 --> 02:17:59.519
Community Hall: Ability Path, Aging Well Task Force, Charity Housing, College of Adapted Arts.
907
02:17:59.670 --> 02:18:08.740
Community Hall: County Board of Supervisors, Cupertino Community Cyclists, Cupertino Rotary, former Cupertino Mayors, Fremont Union High School District, Life Services Alternatives, Blinks Program.
908
02:18:08.740 --> 02:18:20.040
Community Hall: Parents Helping Parents, San Andreas Regional Center, Self Advocates, Silicon Valley at Home, Silicon Independent Living Center, Silicon Valley United for the Common Good, State Council on Developmental Disabilities, and West Valley Community Services.
909
02:18:20.250 --> 02:18:38.139
Community Hall: Thank you to City Council and staff who have helped bring Mary Avenue this far, and prioritizing Mary Avenue in the housing element. We hope you will not deny the people in this room tonight, and those who have stood here on January 21st, their right to a safe and affordable place to live. 910
02:18:38.299 --> 02:18:48.179
Community Hall: Cupertino. Little Covered Shelter. Mary Avenue may be little, but it carries mighty value, providing not just shelter, but services, community, and inclusion. Thank you, Gia.
911
02:18:54.730 --> 02:19:05.640
Community Hall: Next, we have Oren Mahoney. Oren, are you speaking for a group? Yes, it's for a group. Okay, would the group be able to… 912
02:19:06.450 --> 02:19:11.309
Community Hall: Okay, so, with 3 people in the group, you'll have 3 minutes this evening? Perfect.
913
02:19:18.680 --> 02:19:27.369
Community Hall: Okay, so there's been a lot of talk about how long this project's been here. Vice Mayor Chao called it. It happened in 2019… whoops. 914
02:19:28.299 --> 02:19:29.689
Community Hall: Wrong slide…
915
02:19:39.620 --> 02:19:44.570
Community Hall: It happened in 2019 when the mayor at the time, at a State of the City
916
02:19:44.860 --> 02:19:48.970
Community Hall: Challenge the people in the audience to do something for this 917
02:19:49.460 --> 02:19:51.769
Community Hall: Why? I still don't have the right thing. 918
02:19:55.380 --> 02:19:56.250
Community Hall: Yes.
919
02:19:56.580 --> 02:20:01.700
Community Hall: challenged us to… so what I've got on here is not showing up there, sorry.
920
02:20:03.510 --> 02:20:04.759
Community Hall: That's the problem.
921
02:20:10.670 --> 02:20:14.089
Community Hall: There's a slide before that that's up… that's on my screen here. 922
02:20:16.210 --> 02:20:21.930
Community Hall: So you're sharing on your computer, Oren? Yeah. Okay. Plugged in. 923
02:20:23.760 --> 02:20:24.430
Community Hall: Hmm.
924
02:20:25.110 --> 02:20:25.940
Community Hall: Right?
925
02:20:30.380 --> 02:20:33.090
Community Hall: So, when I say from the beginning, yeah. 926
02:20:33.190 --> 02:20:35.299
Community Hall: You playing it? Let's do that.
927
02:20:35.730 --> 02:20:38.229
Community Hall: Oh, I should play it, yeah.
928
02:20:40.050 --> 02:20:41.300
Community Hall: Scio.
929
02:20:48.470 --> 02:20:49.240
Community Hall: Bye.
930
02:20:49.410 --> 02:20:54.419
Community Hall: It's not even… Are these the same slides that you have, John, from Oren?
931
02:20:54.840 --> 02:20:55.969
Community Hall: We don't have them?
932
02:20:56.800 --> 02:21:04.159
Community Hall: Maybe they can email it to… I'm gonna try to pull them up right now.
933
02:21:04.290 --> 02:21:19.039
Community Hall: Why don't you have somebody else next? Email. Can you email it to the city clerk? Well, I really want to go… Warren, are these the ones that you sent earlier today, or yesterday? Okay, I'm gonna try to share that. My city clerk can play for you.
934
02:21:19.170 --> 02:21:22.199
Community Hall: Sorry about that. This all was working earlier. 935
02:21:26.800 --> 02:21:30.080
Community Hall: Okay.
936
02:21:32.330 --> 02:21:33.520
Community Hall: There we go.
937
02:21:39.640 --> 02:21:44.439
Community Hall: Okay. Through the Mayor, how many more speakers do we have? This is our last.
938
02:21:44.680 --> 02:21:54.689
Community Hall: Thank you, sorry about that. Okay, so this did start in 2019, when Stephen Sharp, the mayor of the city, at the, State of the City 939
02:21:54.830 --> 02:21:57.840
Community Hall: Show this slide and challenge the audience. 940
02:21:57.990 --> 02:22:06.870
Community Hall: to deal with this problem, to come up with an answer for the problem of housing for adults with developmental disabilities. And… 941
02:22:07.110 --> 02:22:19.990
Community Hall: After that, Cupertino Rotary put together a coalition with Housing Choices and Charities Housing to come up with a plan to do that. So it started in 2019, you've heard the other dates. Next.
942
02:22:23.150 --> 02:22:25.320
Community Hall: And now you saw today's plan.
943
02:22:25.420 --> 02:22:35.560
Community Hall: Throughout all, we had support from the city, we had great support from the city staff, we had support from virtually every council member as we went through every step of the way up until tonight.
944
02:22:36.160 --> 02:22:37.220
Community Hall: Next.
945
02:22:39.810 --> 02:22:42.589
Community Hall: We did hear about community issues.
946
02:22:42.790 --> 02:22:53.380
Community Hall: And we presented individually and at different meetings and on the website. We have responded to every single community issue. 947
02:22:53.600 --> 02:22:57.449
Community Hall: Whether it be parking at De Anza, whether it be all the other things.
948
02:22:57.640 --> 02:23:01.540
Community Hall: And where are we now? We're here. Next slide. 949
02:23:07.940 --> 02:23:09.389
Community Hall: This is where we are.
950
02:23:09.640 --> 02:23:14.320
Community Hall: On one side, we have IDD housing that's needed, you know, all that. 951
02:23:14.780 --> 02:23:22.329
Community Hall: It's a critical housing element site. It's the only one that's the extremely low income. It'll be the first one that you can approve. 952
02:23:22.430 --> 02:23:34.790
Community Hall: That actually meets every letter of the housing element. So something's gonna get built here anyway, even if our project is. There will be safer traffic spaces, there's an added sidewalk, site remediation, all the things you're talking about.
953
02:23:35.430 --> 02:23:41.410
Community Hall: What's the trade-off? 89 unused parking spaces. Next slide. 954
02:23:44.830 --> 02:23:52.070
Community Hall: unused by the Traffic and Parking Study. Those little yellow dots on there, when they did the study, are the only
955
02:23:52.180 --> 02:23:55.299
Community Hall: parking spaces that were used. Next slide. 956
02:23:58.050 --> 02:24:07.119
Community Hall: Unused by Google Earth Pro street views. This is right down Mary Avenue when Google Earth did their thing. Next slide.
957
02:24:13.360 --> 02:24:16.860
Community Hall: Start the video. Should start automatically. 958
02:24:17.220 --> 02:24:27.589
Community Hall: Anyway, I think you guys have all seen there's time-lapse videos that were done during the week and on the weekend that shows that the parking spaces are not used.
959
02:24:27.830 --> 02:24:31.359
Community Hall: So, I thank you all for your past support on this project. 960
02:24:31.630 --> 02:24:34.669
Community Hall: Any item that was brought up.
961
02:24:34.870 --> 02:24:41.310
Community Hall: like I said, parking at De Anza, we have the president of De Anza agreeing that I can get the chancellor if we need.
962
02:24:41.720 --> 02:24:50.639
Community Hall: If we have to do something about festival parking, you can do something about festival parking besides this project. Please, I thank you for your continued support. Thank you.
963
02:24:52.270 --> 02:24:53.610
Community Hall: Thank you, Warren.
964
02:24:54.840 --> 02:25:05.439
Community Hall: So, Mayor and Council, we will now move to, request to speak virtually. I'm seeing 7 hands raised. The first request to speak is Walter Lee. 965
02:25:06.830 --> 02:25:08.280
Community Hall: Welcome, Walter.
966
02:25:10.460 --> 02:25:14.389
Walter Li: Yes, I'm ceding my time to Joshua.
967
02:25:14.570 --> 02:25:15.919
Walter Li: The attorney?
968
02:25:16.990 --> 02:25:29.529
Community Hall: Yes, thank you, Walter. I believe your group is yourself, Trevor, and Joshua, so we will move to the next person in line, and Joshua will speak on his turn on behalf of your group. Thank you.
969
02:25:29.690 --> 02:25:30.490
Walter Li: Thank you.
970
02:25:32.820 --> 02:25:37.579
Community Hall: Next, we have… Tre- Trevor Long?
971
02:25:37.720 --> 02:25:41.310
Community Hall: Well, I'm sorry, Rachel Rose? Welcome, Rachel. 972
02:25:49.340 --> 02:25:52.559
Rachel Rose: Hi, I would also like to cede my time to Joshua. 973
02:25:56.030 --> 02:25:59.430
Rachel Rose: Hi, I would also… I would also like to cede my time to Joshua. 974
02:26:00.240 --> 02:26:07.120
Community Hall: Thank you, Rachel. Okay, so we will go straight to Joshua. Joshua, you have 4 people in your group. You will have 4 minutes to speak. 975
02:26:08.860 --> 02:26:10.050
Community Hall: And…
976
02:26:14.940 --> 02:26:15.450
Joshua Safran: Thank you.
977
02:26:15.450 --> 02:26:17.770
Community Hall: Welcome, Joshua. Welcome, Joshua.
978
02:26:17.990 --> 02:26:18.610
Joshua Safran: Thank you.
979
02:26:18.910 --> 02:26:29.400
Joshua Safran: Good evening, Mayor and Council Members. My name is Joshua Safran from Strategy Law, LLP. I'm the attorney representing the Garden Gate Coalition for Mary Avenue Safety.
980
02:26:29.430 --> 02:26:39.569
Joshua Safran: Coalition of neighboring residents and community members who will be adversely affected by the Mary Avenue Villas project, but who care deeply about the broader community and the city's future.
981
02:26:39.850 --> 02:26:54.519
Joshua Safran: To be clear, our arguments are not arguments against housing in general, or against housing for people with disabilities in particular. This is an argument for following the law before the city commits itself to an irreversible course of action.
982
02:26:54.700 --> 02:27:00.000
Joshua Safran: I know that move fast and break things has become Silicon Valley's unofficial motto.
983
02:27:00.120 --> 02:27:05.859
Joshua Safran: And that may or may not be a good way to run a business, but it is certainly no way to run a government.
984
02:27:06.160 --> 02:27:21.389
Joshua Safran: Tonight, instead of employing sober and thoughtful diligence and deliberation, it appears to me that the city is haphazardly rushing forward, after only a month of frenzied staff work, to approve a project that depends on a series of major governmental decisions.
985
02:27:22.130 --> 02:27:36.520
Joshua Safran: Each of those actions is discretionary, each of them carries independent legal requirements, including findings and evidence, that is, specific findings and specific evidence, and each of them is defective as proposed. 986
02:27:36.780 --> 02:27:52.639
Joshua Safran: We submitted a substantial letter about each one of these defects, which was actually referenced from the dais earlier, so I'm thankful that you received it. We talked at great length in the letter about the flaws in the notice of exemption under CEQA. I did want to hit on
987
02:27:52.640 --> 02:27:57.649
Joshua Safran: two other issues quickly. The first is the street vacation issue. 988
02:27:57.650 --> 02:28:07.940
Joshua Safran: Under California law, the city may vacate a right-of-way, but only if it finds, based on evidence, that the street is unnecessary for present or future public use.
989
02:28:07.950 --> 02:28:16.900
Joshua Safran: And that finding simply can't be made here. Mary Avenue is actively used today for parking, circulation, and buffering between neighborhoods, a park, and a freeway.
990
02:28:16.980 --> 02:28:36.080
Joshua Safran: And the record clearly demonstrates that. The City has not explained how eliminating those public functions is lawful, nor how pushing the impacts into nearby neighborhoods serves the public interest. Even more fundamentally, the Planning Commission was never asked to determine whether this vacation conforms to the general plan as required by state law.
991
02:28:36.400 --> 02:28:41.449
Joshua Safran: Tonight, we heard what was missing from the staff report, that the city will put the horse
992
02:28:41.770 --> 02:28:54.719
Joshua Safran: after the cart, and make these findings at some uncertain future date, once the project has already been approved. This is totally backward. That procedural failure alone is enough to invalidate the action. 993
02:28:54.830 --> 02:28:57.620
Joshua Safran: Similarly, under the Surplus Land Act.
994
02:28:57.770 --> 02:29:05.799
Joshua Safran: The city simply cannot declare land exempt surplus because a private developer wants to develop it, even for a great purpose. 995
02:29:05.800 --> 02:29:21.020
Joshua Safran: The law requires a good faith determination that the land is not needed for public use, and land currently functioning as a public street and as public parking does not magically become unnecessary simply because a developer needs it for their project.
996
02:29:21.210 --> 02:29:33.629
Joshua Safran: The City's resolution recites the statute, but performs no analysis.
That is simply not compliance with the law. We again now heard tonight that the findings in the proposed resolution are conceded to be too weak. 997
02:29:33.740 --> 02:29:42.769
Joshua Safran: And will similarly be kicked down the road so that additional after-the-fact findings can be souped up to match the project that was already approved.
998
02:29:44.040 --> 02:30:02.149
Joshua Safran: All of that is to say, all of these contribute to the City's failure to make the necessary findings to support the exemption under CEQA, and so the ask tonight is not dramatic, it's not to deny this project or anything like that. It's simply, let's take the direction from Vice Mayor Chao and Councilmember Wang, who nailed this issue.
999
02:30:02.380 --> 02:30:21.990
Joshua Safran: Slow down, continue the matter, set aside the notice of exemption, do the work, perform the required analysis, make the findings that the law demands for each of these decisions, and only then decide whether and how this project should move forward. Moving fast here will not create housing, it will create lawsuits.
1000
02:30:21.990 --> 02:30:23.710
Community Hall: Thank you, Joshua, that is your time.
1001
02:30:26.790 --> 02:30:35.920
Community Hall: Next, we have Trevor Lang, but I believe, Trevor, you were part of that group that just spoke. If so, please lower your hand, and we will move on to 1002
02:30:36.040 --> 02:30:39.110
Community Hall: Sean Fong next. Welcome, Sean.
1003
02:30:53.920 --> 02:30:55.480
Community Hall: Sorry, Sean.
1004
02:30:56.970 --> 02:30:57.720
Community Hall: We're trying to add.
1005
02:30:57.720 --> 02:30:58.520
Shaun Fong: Can you hear me?
1006
02:30:58.520 --> 02:30:59.600
Community Hall: There you go.
1007
02:30:59.810 --> 02:31:23.370
Shaun Fong: Okay, my name is Sean. Good evening, Mayor and Councilmember. I live on Mary Avenue. We at the neighbor are directly impacted by the project. I think for those who don't really live on Mary and speak on our behalf, we don't appreciate that. And why do they think that 89 parking spaces are not used, or certain… if you take the segment of the date, yeah, they're not used, but we are the neighbor. If we don't care about this parking.
1008
02:31:23.370 --> 02:31:25.460
Shaun Fong: Why I even bother to be here?
1009
02:31:26.190 --> 02:31:37.800
Shaun Fong: I'm here to talk about the proposed vacation of the Mary Avenue public right away. Under California law, a city cannot vacay a street unless it makes clear finding that the street is no longer needed for peasants for future use. 1010
02:31:37.830 --> 02:31:54.080
Shaun Fong: That standard is strict. It exists on public access and public safety.
These findings cannot be made here. Mary Avenue is actively used today. It provides public parking, circulation near a freeway on ramp, and a buffer between residential neighborhoods.
1011
02:31:54.080 --> 02:32:14.750
Shaun Fong: Memorial Park Regional Traffic. None of that has gone away. In fact, the city's own records show these public uses are ongoing significance, but instead of analyzing whether the street is actually necessary and necessary, the city seems to assume that because this project needs the land so they could ban all the rules, the public should give up, the residents should compromise. 1012
02:32:14.750 --> 02:32:16.890
Shaun Fong: This is not the legal standard.
1013
02:32:16.890 --> 02:32:34.159
Shaun Fong: That's another problem. State law requires the Planning Commission, not just the staff or the City Council above the law, to first determine whether a street vacation conforms to the general plan. That step never happened. There's no Planning Commission finding in the record addressing the right-of-way vacations. 1014
02:32:34.750 --> 02:32:39.540
Community Hall: Thank you, Sean. That is your time. Next, we have Peggy Griffin.
Welcome, Peggy.
1015
02:32:44.920 --> 02:32:47.900
Peggy Griffin: Thank you. Could you put up my slide, please, Lauren? 1016
02:32:48.610 --> 02:32:49.779
Community Hall: Yes, let me…
1017
02:32:49.880 --> 02:32:51.570
Peggy Griffin: Get on that.
1018
02:33:02.660 --> 02:33:03.610
Community Hall: Oops.
1019
02:33:13.480 --> 02:33:15.820
Community Hall: Okay, should be sharing now.
1020
02:33:16.830 --> 02:33:19.980
Peggy Griffin: Okay, thank you. Thank you, Lauren, for your help. 1021
02:33:20.280 --> 02:33:20.730
Community Hall: Of course.
1022
02:33:20.730 --> 02:33:27.370
Peggy Griffin: Based on the staff presentation, the city is providing $9.5 million in gifts
1023
02:33:27.590 --> 02:33:33.620
Peggy Griffin: And $3.9 million in loans. That's a total of $13.4 million total. 1024
02:33:34.210 --> 02:33:38.240
Peggy Griffin: Not to mention the loss of parking and…
1025
02:33:38.470 --> 02:33:42.850
Peggy Griffin: It sounds like possible, not following the procedures. 1026
02:33:43.050 --> 02:33:47.510
Peggy Griffin: If this project passes, the city?
1027
02:33:48.160 --> 02:33:58.470
Peggy Griffin: Needs to preserve and protect this enormous investment by, one, placing a deed restriction on the parcel that runs with the land forever. 1028
02:33:58.650 --> 02:34:02.740
Peggy Griffin: To require that if it's sold to anyone but the city. 1029
02:34:03.100 --> 02:34:10.640
Peggy Griffin: that the land must only be used for low, very low, extremely low, and IDD units.
1030
02:34:10.950 --> 02:34:14.209
Peggy Griffin: This is all… this… this would not happen. 1031
02:34:14.760 --> 02:34:17.250
Peggy Griffin: If it wasn't for this kind of restriction. 1032
02:34:17.410 --> 02:34:28.089
Peggy Griffin: Also, as Councilman Wong suggested, require the repurchase price to be reduced by the parkland fee waiver plus inflation.
1033
02:34:29.570 --> 02:34:30.520
Peggy Griffin: Thank you.
1034
02:34:32.610 --> 02:34:33.680
Community Hall: Thank you, Peggy.
1035
02:34:40.250 --> 02:34:44.600
Community Hall: Next, we have Eleni Mathiakis. Welcome, Eleni. 1036
02:34:52.620 --> 02:34:53.260
Community Hall: Okay.
1037
02:34:53.260 --> 02:34:54.010
Eleni Mattheakis: Yay.
1038
02:34:55.530 --> 02:34:56.769
Community Hall: We, we can hear you.
1039
02:34:56.770 --> 02:35:10.640
Eleni Mattheakis: Hi, I'm Elaine, I grew up in Cupertino my whole life. I think you should vote yes on Mary Avenue, because people with disabilities should not be… 1040
02:35:10.890 --> 02:35:19.700
Eleni Mattheakis: having to move away from the Bay Area. I wanted to stay there, but I have moved to Monterey now, because, like, the Bay Area is… 1041
02:35:19.910 --> 02:35:23.990
Eleni Mattheakis: just as expensive as Monterey is, but, like. 1042
02:35:24.150 --> 02:35:28.129
Eleni Mattheakis: I would vote yes on Mary Avenue. Thank you! 1043
02:35:31.800 --> 02:35:36.700
Community Hall: Thank you, and Lenny. Mayor, that concludes our request to speak on this item.
1044
02:35:37.220 --> 02:35:39.930
Community Hall: Thank you very much. I want to thank
1045
02:35:40.010 --> 02:35:58.959
Community Hall: To everyone, thanks to everyone in the… in the audience here for a pretty exemplary civility expressing opposing views. We are going to take a 5-minute break, before we continue. So we've been… Council's been going for, 3 hours and 20 minutes so far, so…
1046
02:35:58.960 --> 02:36:02.619
Community Hall: We'll come back at 9.27.
1047
02:36:02.750 --> 02:36:04.799
Community Hall: 928. Thank you.
1048
02:36:06.880 --> 02:36:08.220
Community Hall: Thank you, Mayor.
1049
02:44:09.400 --> 02:44:19.299
Community Hall: Right, thank you. At this time, we have completed the public comment. Prior to formally closing the public hearing, are there any further Council clarifying questions?
1050
02:44:28.440 --> 02:44:31.909
Community Hall: Are you raising your hand? Oh, yeah. Okay. Vice Mayor? 1051
02:44:32.520 --> 02:44:34.160
Community Hall: Okay.
1052
02:44:37.450 --> 02:44:54.500
Community Hall: So I guess I'll make… Oh, pardon, pardon. This is for clarifying questions, and then I'm going to be closing the public hearing, and then you, make my comments later, right? Right, if you… So, question, specifically for questions.
Yes.
1053
02:44:54.930 --> 02:44:56.370
Community Hall: I…
1054
02:44:57.050 --> 02:45:08.339
Community Hall: I think there was a question of this, are these going to be an independent or assisted living? So these units are going to be… 19 of the units will be independent IDD.
1055
02:45:08.690 --> 02:45:23.700
Community Hall: And so they will, like many of them said, services would be provided to help them to live independently, dentally, and they actually do that. I visited a Sunnyvale site that was operated by Housing Choices, so… 1056
02:45:23.700 --> 02:45:29.249
Community Hall: It was really good services that they provide. And there was a question about
1057
02:45:29.290 --> 02:45:43.519
Community Hall: whether the city explored other locations, such as Westport and Valco. I think those are not city-owned land, and we do have, below-market rate senior housing at Westport, and with Valco.
1058
02:45:43.580 --> 02:46:00.979
Community Hall: even though initially they were going to provide 50% of below market rate, I think it was down to 30%, and the newest version likely will be only 10% of below-market rate, and then the city cannot ask them to support any IDD units.
1059
02:46:01.050 --> 02:46:20.930
Community Hall: And I think the most important question I have is regarding the criteria for applicants, which I, in fact, asked in the supplemental, but I want to clarify. I think a lot of public comments from the last meeting and this meeting emphasize we want people who grew up in Cupertino
1060
02:46:20.930 --> 02:46:23.610
Community Hall: to get these units. But…
1061
02:46:23.750 --> 02:46:38.870
Community Hall: the curve, but I learned from the supplemental that we cannot set an additional requirement for these units to prioritize long-time residents of Cupertino. I was told by the staff
1062
02:46:38.870 --> 02:46:44.719
Community Hall: I saw… I'm answering my own question, because it was already answered by staff, that
1063
02:46:46.410 --> 02:46:55.449
Community Hall: the current city, they have to follow the current city BMR prioritization requirement, where we do have
1064
02:46:55.450 --> 02:47:08.909
Community Hall: point for residents, but it's a same point for anyone who lived in Cupertino maybe 6 months, 1 year, or 20 years. It's the same point. So I wish that's something we can change.
1065
02:47:08.960 --> 02:47:12.510
Community Hall: And… So that we can use
1066
02:47:12.790 --> 02:47:18.670
Community Hall: prioritization system that favored long-time residents for Cupertino.
1067
02:47:19.160 --> 02:47:27.140
Community Hall: on… And then, I think they were a question about… CEQA exemption. 1068
02:47:28.310 --> 02:47:36.139
Community Hall: That some of the residents think the reasons for CEQA exemption is 1069
02:47:36.280 --> 02:47:41.799
Community Hall: Not sufficient, so could the staff maybe clarify that? 1070
02:47:43.890 --> 02:47:52.990
Community Hall: Sure. So, we do have PlaceWorks on call if needed, but I can start with the, response to that. So there's… there's two parts to this, 1071
02:47:53.170 --> 02:47:55.420
Community Hall: environmental review, the… the…
1072
02:47:55.840 --> 02:48:05.329
Community Hall: the architectural site approval, is not subject to CEQA because of, it's, it's a housing element site. It's providing a certain 1073
02:48:05.540 --> 02:48:13.080
Community Hall: A certain number of units under 50, as well as the affordability levels are above 20%.
1074
02:48:13.370 --> 02:48:22.280
Community Hall: However, for the, for the… Excuse me, it's not subject to CEQA, or it's exempt from CEQA. It's not subject to CEQA.
1075
02:48:22.490 --> 02:48:28.249
Community Hall: Subject. So not subject to CEQA at all? Okay, that's correct. 1076
02:48:28.520 --> 02:48:38.530
Community Hall: Okay. Yeah. Sorry. Sites that are at least 20 units per acre in density.
1077
02:48:38.680 --> 02:48:57.680
Community Hall: and provide at least 20% low income, not just moderate housing.
This is 100% very low, and the density's 50 units per acre. They are exempt from CEQA, and essentially, CEQA doesn't apply because it is not a discretionary approval. It's not… it's exempt from CEQA and not… not subject to CEQA. 1078
02:48:58.180 --> 02:48:58.990
Community Hall: Both.
1079
02:48:59.280 --> 02:49:03.259
Community Hall: The ASA would be both. The DDA would not. 1080
02:49:03.310 --> 02:49:09.440
Community Hall: The categorical exemption, the Class 32, applies to the DDA. The… the…
1081
02:49:09.440 --> 02:49:23.810
Community Hall: Architecture and site approval. So that means even if the land is polluted, even if it's not inhabitable, it's exempt from CEQA, we can build whatever condition it's in? It is not a discretionary project, the permit. 1082
02:49:23.920 --> 02:49:31.820
Community Hall: So that is correct. The permit itself is not a discretionary project. That's the state law. That would allow us to…
1083
02:49:31.840 --> 02:49:50.440
Community Hall: exempt CEQA even on a heavily polluted land to build housing? Yeah, fortunately, this is not heavily polluted land, but it's not the discretionary act.
CEQA only applies to discretionary acts, and that permit is not discretionary because of the attributes of the project. Okay.
1084
02:49:50.960 --> 02:49:58.490
Community Hall: And, then I think there was, some question about the parking analysis that
1085
02:49:58.680 --> 02:50:02.640
Community Hall: The city only studied,
1086
02:50:02.910 --> 02:50:08.700
Community Hall: Traffic analysis only started on one Saturday, is that true? 1087
02:50:09.750 --> 02:50:10.860
Community Hall: If you know that.
1088
02:50:11.260 --> 02:50:28.300
Community Hall: The parking was studied just of, with, I think, during a 3-day period, but the, the traffic analysis, is based upon, the type of project that it is, and so they, what they, what they estimated was that the daily trip increase would be 164 trips a day.
1089
02:50:28.740 --> 02:50:32.849
Community Hall: And, with even a further limited number of peak times. 1090
02:50:33.870 --> 02:50:43.220
Community Hall: So have we looked into the impact for senior center parking, which has a large, event room?
1091
02:50:45.030 --> 02:50:47.819
Community Hall: I… it wouldn't be part of this review.
1092
02:50:48.420 --> 02:50:53.920
Community Hall: That wasn't, the parking impact from Senior Center was not included.
1093
02:50:54.270 --> 02:51:12.429
Community Hall: No, it was not included in this chart. Okay, so someone mentioned that more likely more than 89 spots might be lost due to ingrows, egress, egress, and I wasn't very sure on that. I think it's one of the residents. 1094
02:51:12.890 --> 02:51:21.010
Community Hall: So, just wanted to confirm, would that be true? Sure, so, the staff report did identify that the,
1095
02:51:21.120 --> 02:51:31.980
Community Hall: The traffic, impact analysis, did mention that there's some… could be some site visibility issues with, depending if the driveways are one-way or two-way.
1096
02:51:32.490 --> 02:51:37.149
Community Hall: So this project has been conditioned to, be further reviewed. 1097
02:51:37.470 --> 02:51:54.489
Community Hall: By Public Works staff to see if there's ways to identify, certain ingress, egress, directions to limit the reduction of, of off-site parking as part of the project. So we might lose more parking space, more than 89? 1098
02:51:54.610 --> 02:51:56.810
Community Hall: Correct. Between 3 to 6.
1099
02:51:56.940 --> 02:51:59.390
Community Hall: Okay, thank you, good to know.
1100
02:51:59.590 --> 02:52:05.099
Community Hall: And, Peggy asked if there could be deed restriction that the land be
1101
02:52:05.190 --> 02:52:20.489
Community Hall: restricted to low or extreme low in units, in case it's ever resold. Would there be any type of deed restriction on this land, which is actually a gift from the city?
1102
02:52:23.080 --> 02:52:40.199
Community Hall: It's an affordability covenant that would be put onto title that's recorded, just like the grant deed, and it's tied to the property. That would impose these restrictions, and the grant deed itself also refers to it. For 99 years, right? For 99 years, correct. Yeah, great. So…
1103
02:52:40.370 --> 02:52:54.660
Community Hall: So when there was a mention of if, when we re-acquire the land, we would deduct grant, grant that the city provided. Could we also deduct the parkland fee waiver that we have
1104
02:52:54.900 --> 02:52:57.510
Community Hall: Given to the project.
1105
02:52:59.650 --> 02:53:06.449
Community Hall: Currently, the parkland fee waiver is not included in the deductions. And by the way, could include that?
1106
02:53:07.140 --> 02:53:21.699
Community Hall: That's something that would need to be discussed with the developer. The idea has been introduced, so perhaps the developer is at a place where they might be able to discuss their position in more detail. It was introduced, but it was…
1107
02:53:22.220 --> 02:53:25.510
Community Hall: But the current deal does not include that. Correct. 1108
02:53:26.110 --> 02:53:27.590
Community Hall: Hmm. Okay.
1109
02:53:27.680 --> 02:53:46.139
Community Hall: And now, another question is, so we are… the city actually is gifting a land that's evaluated at $7.2 million? Is there any restriction for the city to just gift a land for $1? Do we need to make any… 1110
02:53:46.140 --> 02:53:49.479
Community Hall: Decoration for a gift of public fund.
1111
02:53:51.260 --> 02:54:06.720
Community Hall: There is no restriction because of the current structure of the project, so it qualifies for, a certain statute that essentially allows for below-market,
1112
02:54:07.030 --> 02:54:12.000
Community Hall: price of property in this context for affordable housing. 1113
02:54:15.690 --> 02:54:22.979
Community Hall: So, if it's affordable housing, we can give… it's not affordable housing, we cannot give the land.
1114
02:54:25.100 --> 02:54:31.040
Community Hall: Correct. Different restrictions would apply if the project was not for affordable housing. Thank you.
1115
02:54:39.320 --> 02:54:42.169
Community Hall: Next, we have Councilmember Wong.
1116
02:54:42.460 --> 02:54:44.190
Community Hall: Then, Councilmember Fruen.
1117
02:54:45.310 --> 02:54:47.589
Community Hall: I have two quick questions. One is,
1118
02:54:47.960 --> 02:54:57.819
Community Hall: The DDA, is that the tighter of the agreements, the one that's more enforceable, and is that where we should put most of our restrictions in, or is there another legal instrument we should be using? That's to our lawyers? 1119
02:54:57.930 --> 02:55:04.489
Community Hall: And the second question, there's a gentleman here that did do a traffic study, and I wanted to get his opinion while he's still in the audience, so let's go ahead with the…
1120
02:55:04.710 --> 02:55:05.980
Community Hall: Legal assessment.
1121
02:55:06.490 --> 02:55:08.299
Community Hall: What can we put in the DDA?
1122
02:55:09.150 --> 02:55:29.080
Community Hall: So, I guess it depends on what you mean by tighter. There… the DDA is currently supposed to, essentially describe the terms required for the city to dispose of the property at the closing. It also describes in detail the project itself as it's envisioned right now.
1123
02:55:29.090 --> 02:55:34.139
Community Hall: That being said, in terms of what will ensure that this project remains
1124
02:55:34.140 --> 02:55:56.140
Community Hall: affordable, and over the lifetime of the 99 years, then we're really discussing more the grant deed and the regulatory agreement. But both of those documents will be finalized at closing and executed and recorded at closing.
I think I want a DDA that protects our residents and our taxpayers. That's really what I'm leaning towards. So the one that is more enforceable or more contractually obligated.
1125
02:55:56.140 --> 02:56:14.559
Community Hall: If we have to put restrictions as how repayment terms are set, what do we do for bankruptcies and foreclosures? That should go in the DDA, correct? That is all in the DDA, yes. Okay, I want to make sure. And there's a gentleman there that did the traffic study. I was wondering if I could bring him up to say, what did you find in there that was the flaws that the city did not find? 1126
02:56:18.020 --> 02:56:20.119
Community Hall: Paul Krupke, Kropka Consulting.
1127
02:56:20.220 --> 02:56:22.749
Community Hall: To clarify, I…
1128
02:56:22.820 --> 02:56:29.129
Community Hall: I did a… what I call a peer review of the transportation study done for the city.
1129
02:56:29.180 --> 02:56:47.300
Community Hall: For this project. Similar to an ASHTO methodology? And so… so you're at… clarifying your question, your question is asking me about what I looked at in terms of parking? Yes, in your… in your… in your opinion, what did you see? Oh, okay, then. What… what I found was that…
1130
02:56:48.100 --> 02:56:54.160
Community Hall: I truly believe that the project is introducing, an impact 1131
02:56:54.500 --> 02:57:01.099
Community Hall: which is what I consider a, unsustainable deficiency by… 1132
02:57:02.080 --> 02:57:13.250
Community Hall: Reducing the amount of parking, and not having studied The parking during… festival events.
1133
02:57:13.800 --> 02:57:16.400
Community Hall: It, it, it is a… the…
1134
02:57:16.920 --> 02:57:31.349
Community Hall: I did observations, I looked at photographic evidence, and I estimated just a very straightforward estimate of what the actual demand during major festivals at Memorial Park is.
1135
02:57:31.460 --> 02:57:38.440
Community Hall: And I found that as, Mr. Mosley indicated that 1136
02:57:39.880 --> 02:57:51.909
Community Hall: 96% of the remaining parking spaces on Mary Avenue would be used during the peak time… were used during the peak times I was looking at in this photographic evidence.
1137
02:57:52.060 --> 02:58:06.089
Community Hall: And I think that that's the unsustainable thing. And the issue is… issue is that nobody has studied it. Nobody has studied Memorial Park events, as far as I know, and that's what has to happen. That's the deficiency. 1138
02:58:06.090 --> 02:58:14.949
Community Hall: And to… and the prog… and to state clearly, the project has an impact, and it's a substantial impact.
1139
02:58:15.230 --> 02:58:25.709
Community Hall: And, you know, to say that, there's enough parking is… is… is… Is okay, but that… that…
1140
02:58:26.030 --> 02:58:29.890
Community Hall: That evaluation that I did was really just an estimate. 1141
02:58:30.050 --> 02:58:36.840
Community Hall: Of a point in time during festivals, and it didn't have anything to do with, the actual
1142
02:58:37.260 --> 02:58:48.290
Community Hall: Understood. Number, frequency, and size of festivals. So, in your best estimate, we need to do a parking study that's befit of what is at peak and what is during festivals in order for this to say.
1143
02:58:48.590 --> 02:58:53.749
Community Hall: to meet the requirements of a surplus land act, correct? Well, to really… to really…
1144
02:58:54.370 --> 02:59:00.770
Community Hall: put a pin in it, yes. That's what I believe is the issue. It needs to be studied.
1145
02:59:01.050 --> 02:59:10.649
Community Hall: And it needs to be brought forward as a, as a response to a significant impact. Appreciate your time, thank you. You're welcome. 1146
02:59:12.410 --> 02:59:14.020
Community Hall: Councilmember Fruen?
1147
02:59:18.110 --> 02:59:21.909
Community Hall: If I could get Director Mosley up for at least a couple questions. 1148
02:59:33.140 --> 02:59:36.149
Community Hall: There were some additional assertions just made about 1149
02:59:36.330 --> 02:59:50.389
Community Hall: what the nature of the parking is or isn't going to be there, and I was hoping that maybe you could take us through Mr. Krupka's assertions and how you feel about them. Yeah, I can give you my input on that. 1150
02:59:50.390 --> 02:59:59.340
Community Hall: Mr. Krupka's report did show some observations that were taken during various festivals throughout the last year.
1151
02:59:59.460 --> 03:00:05.869
Community Hall: In the worst case, there was, I think 140 spaces being used for a festival.
1152
03:00:06.040 --> 03:00:11.659
Community Hall: After this project, there would be 146 spaces available, so… 1153
03:00:11.790 --> 03:00:18.679
Community Hall: As was stated, about 96% of those spots would be used, but it's still within, you know.
1154
03:00:18.810 --> 03:00:20.800
Community Hall: The 100% limit.
1155
03:00:20.960 --> 03:00:26.630
Community Hall: And that would be for only 6 to 7 days a year for varying… 1156
03:00:26.870 --> 03:00:29.900
Community Hall: focused uses for the other…
1157
03:00:30.080 --> 03:00:41.519
Community Hall: 359 days of the year. There were photos that I think were shown by Oren Mahoney that showed that the road's pretty much not being utilized to maximum capacity.
1158
03:00:42.220 --> 03:00:46.720
Community Hall: So, just for the sake of underscoring it, in the… 1159
03:00:47.160 --> 03:00:59.760
Community Hall: report that Mr. Krupka presented, there is a line in a table that says, Festival with project, parking supply 146, vehicles parked 140. 1160
03:01:00.070 --> 03:01:11.399
Community Hall: Correct, yes. Yeah, okay. And that's not all 146. Correct. Does that presume the additional loss of the extra 6 potential spaces? 1161
03:01:11.560 --> 03:01:17.619
Community Hall: Yes, it does. Okay, so this is assuming an additional loss of parking spaces that could be…
1162
03:01:18.360 --> 03:01:25.050
Community Hall: an even greater difference there. Correct. I think the report showed a total of 95 parking spaces being lost. Okay.
1163
03:01:25.280 --> 03:01:40.310
Community Hall: Switching gears, then, to another suggestion that had previously been made, which was about the bike lanes on Mary Avenue. My understanding is that those bike lanes are designated by ordinance, is that correct? 1164
03:01:40.460 --> 03:01:58.680
Community Hall: That is correct. They're designated by ordinance, as bike lanes are also shown in the general plan, as well as in the bike plan. Okay, so presumably we would need to amend the general plan, or change the ordinances, and I should say both, in order to be able to remove bike lanes as part of this project. 1165
03:01:58.680 --> 03:02:03.060
Community Hall: I would recommend that, yes. Okay, yeah, so it's not something that's before us today.
1166
03:02:03.280 --> 03:02:04.970
Community Hall: No. Thank you.
1167
03:02:09.300 --> 03:02:15.699
Community Hall: I, I do have a question. I know, I realize the architectural site, 1168
03:02:16.350 --> 03:02:26.309
Community Hall: the ASA does not, need to go through CEQA, but, just kind of a… just a general CEQA question,
1169
03:02:26.980 --> 03:02:32.670
Community Hall: because of this discussion about festivals, the impact is not… 1170
03:02:32.780 --> 03:02:43.300
Community Hall: the project on the environment. It seems almost like that is the environment's impact onto… the project.
1171
03:02:44.010 --> 03:02:47.490
Community Hall: kind of like noise around Lehigh.
1172
03:02:47.660 --> 03:03:01.800
Community Hall: And if a project were to be built there, it's not the project itself that's causing the impact, it's the truck traffic that is… that's causing the noise impact. So it's not the project's impact.
1173
03:03:03.490 --> 03:03:10.290
Community Hall: Yes, that's one way of looking at it, yeah. So, typically, CEQA looks at the project's impact on the surrounding area.
1174
03:03:11.150 --> 03:03:28.759
Community Hall: Okay, and so… and these, these festivals are actually discretionary, decisions by the… by the city to allow them, and we tend to waive fees for them, and that is something that, could be
1175
03:03:28.860 --> 03:03:30.260
Community Hall: taken away.
1176
03:03:30.590 --> 03:03:37.170
Community Hall: Or reduce the area that's allowed to be used. Is that correct? 1177
03:03:37.630 --> 03:03:50.770
Community Hall: I believe so, correct. Okay. And, Dan's, provides parking. I know I've… I've lived here 30 years. Sometimes you have to pay for the parking across the street, but they're…
1178
03:03:50.770 --> 03:03:59.519
Community Hall: They have a massive parking… parking lot that is, due to the online enrollment, it tends to be, pretty empty nowadays.
1179
03:03:59.680 --> 03:04:06.819
Community Hall: Mayor, I just, wanted to clarify on your question about the… the festival. So, the city's…
1180
03:04:06.940 --> 03:04:22.059
Community Hall: practices that we will communicate to the organizations and the festival organizers that they, you know, they reach out to Dianza for that parking, if needed. Okay, thank you. Councilmember Mohan, and then Councilmember Fruen. 1181
03:04:22.380 --> 03:04:30.829
Community Hall: Councilmember… I mean, Vice… Vice Mayor, you do still have your hand raised. Is that for more clarifying questions?
1182
03:04:31.100 --> 03:04:39.649
Community Hall: More clarifying questions? Oh, yes. Okay, so… so we'll go Councilmember Mohan, Councilmember Fuin, then Vice Mayor. So, 1183
03:04:39.660 --> 03:04:56.990
Community Hall: So, quick follow-up to what you just said, City Manager. The last time this discussion was held about festival parking, weren't you going to put up some signs, along, by the entrance of Memorial Park saying that there are other alternatives, or…
1184
03:04:57.570 --> 03:05:04.270
Community Hall: Or maybe have some people directing them to, sort of, behind… Memorial Park.
1185
03:05:04.650 --> 03:05:08.009
Community Hall: Wasn't there some talk about,
1186
03:05:08.330 --> 03:05:12.100
Community Hall: Coming up with other options besides Mary Avenue for Festival Park. 1187
03:05:12.920 --> 03:05:16.599
Community Hall: Besides De Anza College. I…
1188
03:05:17.010 --> 03:05:29.840
Community Hall: I'll have to check in with the park staff, but yeah, usually we are working closely with the organizers to make sure that, you know, that the organizers know that there are other options for parking. 1189
03:05:30.040 --> 03:05:34.050
Community Hall: I'm not… I don't… I have to check in about the signs. 1190
03:05:35.120 --> 03:05:43.669
Community Hall: Okay, all right. On another topic, Mayor, a question for, the City Attorney.
1191
03:05:43.770 --> 03:06:00.250
Community Hall: There were some comments about maybe why couldn't, we… why are we rushing some of these, actions today, and why don't we just come back with everything, with all the different, aspects of, of,
1192
03:06:00.490 --> 03:06:03.419
Community Hall: Of this, project.
1193
03:06:04.030 --> 03:06:16.249
Community Hall: my understanding about the DDA is there's some urgency to it, because this is what triggers the request for tax credits that 1194
03:06:16.680 --> 03:06:22.869
Community Hall: the consortium has to go through. Isn't that the reason why we have it today, as opposed to
1195
03:06:23.000 --> 03:06:37.290
Community Hall: On another day? It is the reason that we've been working so diligently to move this forward. The tax credit application is, I think, late March, and the… and the tax credits are key
1196
03:06:37.290 --> 03:06:44.550
Community Hall: to, moving the project forward. And having the… unless, we have a DDA signed.
1197
03:06:44.550 --> 03:07:00.669
Community Hall: the applicant won't have, you know, enough investment in the property to achieve an award of tax credits. And so, this item is essential in that process, which is why we have it here today.
1198
03:07:01.850 --> 03:07:08.839
Community Hall: Okay, so if we approve this today, that's the trigger for the application process for the tax credits?
1199
03:07:08.930 --> 03:07:24.489
Community Hall: It just allows, then, the applicant to continue to prepare their application for the tax credits, and then ultimately for the application to rest upon the DDA so that they could, actually be awarded the tax credits. 1200
03:07:24.630 --> 03:07:29.909
Community Hall: And this is regardless of all the changes we will make, or the restrictions that we talked about.
1201
03:07:30.040 --> 03:07:32.879
Community Hall: That we will add to the DDA.
1202
03:07:33.130 --> 03:07:45.170
Community Hall: At the… in the final stage. Correct. The DDA is contingent on those things happening. Our expectation is that the tax credit allocation entity will, 1203
03:07:45.170 --> 03:07:59.350
Community Hall: move forward with allocating the tax credits, even with those contingencies, although it would also be good if we were able to sort of tie up those contingencies as well over the next, you know, let's say 4 weeks. 1204
03:08:00.400 --> 03:08:01.650
Community Hall: And that's the plan.
1205
03:08:01.980 --> 03:08:02.680
Community Hall: Okay.
1206
03:08:03.320 --> 03:08:05.809
Community Hall: Thank you. Councilmember Fruen?
1207
03:08:07.330 --> 03:08:09.569
Community Hall: If I could maybe have Mr. Connolly.
1208
03:08:21.660 --> 03:08:25.079
Community Hall: There was some discussion back and forth about 1209
03:08:25.690 --> 03:08:37.470
Community Hall: you know, a hypothetical under CEQA, and for CEQA-exempt projects, or projects to which CEQA does not attach because they're ministerial, as to whether or not you'd be able to
1210
03:08:37.550 --> 03:08:45.749
Community Hall: have a project on such a site, and I just wanted to make sure that there was… that you were adequately distinguishing between issuing a 1211
03:08:45.950 --> 03:08:47.399
Community Hall: an entitlement.
1212
03:08:47.510 --> 03:08:54.909
Community Hall: Versus what someone can ultimately build, because the ultimate building will be conditioned in all sorts of ways, yes? 1213
03:08:55.020 --> 03:09:01.249
Community Hall: Oh, of course, it would all run with the permit. I don't know how many total conditions, but it would be subject to,
1214
03:09:01.690 --> 03:09:12.549
Community Hall: And certainly Chapter 17 of the Municipal Code, which covers a lot of the items that would typically be found in CEQA. Those are going to be standard conditions of the project.
1215
03:09:12.790 --> 03:09:22.120
Community Hall: And I think to some of the other questions related to, you know, lead, for instance, things like this, and I think the mayor touched on that, that 1216
03:09:22.780 --> 03:09:36.209
Community Hall: many of the things people see as environmental issues, they in fact exist, but they're not caused by the project. Yeah. The project's not putting lead in the soil. The project is not creating a parking issue, which parking is not a CEQA issue at all anyway.
1217
03:09:36.610 --> 03:09:43.499
Community Hall: But festivals in Memorial Park are already happening, that's an existing condition, that's not triggered by this project. 1218
03:09:44.330 --> 03:09:46.700
Community Hall: Alright, thank you. Much appreciated.
1219
03:09:47.420 --> 03:10:04.879
Community Hall: Thank you. I just want to mention, refresh people's memories about the, development of the Apple Park campus, that there was a very large street vacation that happened, for that project, which removed the through-traffic 1220
03:10:04.880 --> 03:10:23.070
Community Hall: in that location. So we do have a precedent. The city vacated the public street to allow Apple to incorporate that land into its secure, unified, 50-acre, site. It's actually larger, so it's like a… they have, like, 176 acres there. Okay, and Vice Mayor Chao?
1221
03:10:23.170 --> 03:10:24.700
Community Hall: Oh, thank you.
1222
03:10:25.020 --> 03:10:35.160
Community Hall: So… I think we… we have a new, revised, Memorial Park Master Plan. 1223
03:10:35.770 --> 03:10:44.620
Community Hall: a concept that the Council has already approved, which would intensify the use of Memorial Park.
1224
03:10:45.220 --> 03:10:50.599
Community Hall: Such as adding 8 pickleball fields.
1225
03:10:51.160 --> 03:11:00.510
Community Hall: So, what's the demand, increase in demand on parking for the intensified, Memorial Park Plan.
1226
03:11:00.810 --> 03:11:14.390
Community Hall: Because that will create more demand for parking, especially for pickleball. Even with the current four pickleball courts, I think we already have a large demand on parking.
1227
03:11:15.300 --> 03:11:18.430
Community Hall: So, do we have any data on that?
1228
03:11:19.180 --> 03:11:28.839
Community Hall: Vice Mayor, if I may, I don't believe we have that data available today, but there is… Because if we are declaring the land. 1229
03:11:29.330 --> 03:11:37.230
Community Hall: On part of the public street, especially the parking as exempt And… 1230
03:11:38.180 --> 03:11:42.980
Community Hall: Big land, we need to be sure. We actually don't need it with all 1231
03:11:43.270 --> 03:11:46.439
Community Hall: Even though it's a city plan for Memorial Park. 1232
03:11:46.820 --> 03:12:03.519
Community Hall: Just briefly about the Memorial Park Plan, there is adequate parking for day-to-day use of Memorial Park. That is envisioned in the current plan. There are… there is some additional parking, I think, that was, being included down on Anton Way.
1233
03:12:03.780 --> 03:12:11.800
Community Hall: But generally, day-to-day use for parking at Memorial Park, even with intensification with that specific plan, is adequate. 1234
03:12:12.050 --> 03:12:22.030
Community Hall: But the pickleball tend to not only have players, they have a lot of people waiting to play, so usually there is a lot more demand on parking. 1235
03:12:22.810 --> 03:12:29.490
Community Hall: And we currently have, I think, 8 pickleball courts at the, existing.
1236
03:12:29.490 --> 03:12:45.529
Community Hall: And the… the proposed would have… would just be 8 pickleball courts in a different location, if I recall, but there should be adequate parking. So how much would be the demand on parking from 8 pickleball courts? I don't know the numbers, I just know that that was looked at with the Memorial Park-specific plan. 1237
03:12:45.530 --> 03:12:52.060
Community Hall: There was concern about parking. Then for the… when you evaluate the parking for festivals.
1238
03:12:52.340 --> 03:12:57.579
Community Hall: Which specific festival was included in that 3-day study? 1239
03:12:58.440 --> 03:13:15.570
Community Hall: I know Diwali was one of them. Which is a very tiny one. I think it's only occupied one… the field that's at Quinlan. The largest one is Cherry Blossom. I believe the largest is Cherry Blossom, and…
1240
03:13:16.070 --> 03:13:28.690
Community Hall: The other two, festivals are Diwali and the Fall Festival, if I recall, are, like, the large ones. I mean, Diwali was one of the festivals that was reviewed. I don't know that, the Cherry Blossomed.
1241
03:13:28.730 --> 03:13:36.159
Community Hall: So what… do we have any idea how many total parking space would be necessary for
1242
03:13:36.570 --> 03:13:45.300
Community Hall: these, like, cherry blossom. I don't know for Cherry Blossom, but again, based on the observations for Diwali, it was 140. 1243
03:13:45.880 --> 03:13:55.110
Community Hall: Pardon, Vice Mayor? Pardon? Pardon me, Vice Mayor. Through the City Attorney, are these questions germane to this particular project? 1244
03:13:55.300 --> 03:14:13.630
Community Hall: I must say, they do appear to be, sort of beyond the scope of what we're, discussing tonight. Thank you. Vice Mayor, can you try to focus in on this particular project? I'm trying to decide whether the public land should be exempt, should be vacated. The public,
1245
03:14:14.170 --> 03:14:24.499
Community Hall: land parcel should be vacated? Do we have existing public use? Do we have parking demand that actually need those?
1246
03:14:24.560 --> 03:14:47.609
Community Hall: the land, which is on the agenda. Try to focus in on this particular project, and those changes that will happen to Memorial Park, whether it's exempt from CEQA or not, it will have studies in the future, should some development happen. Thank you, through the chair. Thank you. 1247
03:14:47.670 --> 03:14:53.750
Community Hall: So, please continue. Okay, thank you. So, I mean… 1248
03:14:53.920 --> 03:15:12.100
Community Hall: Excuse me, Chad. So, I know that you, you understand the current, slot spots on Mary Avenue, is used for that, but that's when we have reuse of these on the parking. And, but Deanza has been building
1249
03:15:12.830 --> 03:15:14.970
Community Hall: Quite aggressively on there.
1250
03:15:15.190 --> 03:15:20.359
Community Hall: It's campus, so we don't know when they are going to replace the parking lot.
1251
03:15:20.480 --> 03:15:22.079
Community Hall: By some other building.
1252
03:15:22.480 --> 03:15:25.880
Community Hall: We don't know how long that parking lot would even exist. 1253
03:15:26.000 --> 03:15:33.589
Community Hall: So… so therefore, I would like to know what's the total parking demand for one of these festivals in the event
1254
03:15:33.790 --> 03:15:35.810
Community Hall: In the next 99 years.
1255
03:15:36.770 --> 03:15:56.329
Community Hall: that the… that garage, some people have wanted that to be a transit center, and the others have tried to develop many buildings, so if that parking lot is not there, what's the total demand on festival? So we know whether we really need this land that we are going to vacate.
1256
03:15:56.410 --> 03:15:57.480
Community Hall: At all.
1257
03:15:57.660 --> 03:16:02.889
Community Hall: as a CT. I'm not sure I can answer that question, 1258
03:16:03.510 --> 03:16:13.349
Community Hall: You know, we have not done, a full total demand. I will state that other festivals I've been to, in my local neighborhoods. 1259
03:16:13.570 --> 03:16:20.420
Community Hall: you realize you biked to a festival, or walk to a festival, because there's never any parking. In this case.
1260
03:16:20.760 --> 03:16:34.699
Community Hall: the festivals that have been studied to date, there's adequate parking, even after the project. I can't tell you… But if we don't have the access to the Diana parking lot, there is not sufficient parking. 1261
03:16:34.850 --> 03:16:37.210
Community Hall: Period. For the festivals.
1262
03:16:38.570 --> 03:16:40.389
Community Hall: I don't know those numbers.
1263
03:16:40.570 --> 03:16:53.639
Community Hall: Vice Mayor, through the Mayor? Yes. So Vice Mayor, I think if we… if the city chooses to do any sort of maximizing the public parking discussion. 1264
03:16:53.780 --> 03:16:57.129
Community Hall: We could look at it as a future project. 1265
03:16:57.210 --> 03:17:05.779
Community Hall: You know, under… the attorney can correct me, but under AB 2097, there's actually no requirement for parking.
1266
03:17:05.820 --> 03:17:21.809
Community Hall: But if we are vacating public right-of-way, which is currently used for parking, so we need sufficient justification that we are not going to need that for
1267
03:17:21.860 --> 03:17:38.009
Community Hall: the city use. We cannot, for example, the mayor suggests maybe we should do less festivals, reduce the size of festivals because of lack of parking.
That would be a very undesirable consequence of the vacation of this land. 1268
03:17:38.010 --> 03:17:47.239
Community Hall: We could also consider signage around that area to encourage people to park elsewhere, so we can look at other solutions if that's of interest. 1269
03:17:47.430 --> 03:18:07.069
Community Hall: But that does not show a sufficient reason to vacate the public land, because that does… I don't see a strong proof. Okay, thank you, Vice Mayor.
You've moved on from clarifying questions. Are there any further clarifying questions from the other members of the Council?
1270
03:18:08.230 --> 03:18:22.459
Community Hall: Seeing none, we are closing the public hearing, and would any Councilmember like to entertain a motion, perhaps, to move the recommended action with some modifications? Councilmember Mohan?
1271
03:18:23.980 --> 03:18:31.080
Community Hall: Oh, yes, Mayor. I… I move that we approve the recommended actions, in… in the…
1272
03:18:31.390 --> 03:18:42.010
Community Hall: as, as, displayed by, this new memo that, City Attorney has given us, and it updates,
1273
03:18:42.210 --> 03:18:48.090
Community Hall: The recommended actions based on… on the… some of the things that had to be corrected.
1274
03:18:48.200 --> 03:19:00.550
Community Hall: and based on some of the discussions we've had today. So, if it's okay with you, I'll read out all the recommended actions. May I ask… I'm sorry, Councilmember Mohan, I have been informed that
1275
03:19:01.030 --> 03:19:12.619
Community Hall: the revised recommended action needs further revisions. I apologize for that. Can I just describe them to you? Sure. Number one is the draft DDA. 1276
03:19:13.060 --> 03:19:25.129
Community Hall: That needs… the resolution on that item only needs to be updated to, indicate… Help me out, Michelle.
1277
03:19:25.520 --> 03:19:37.950
Community Hall: It needs to be updated to indicate that the term has been moved from 55 years to 99 years, which was something that was agreed upon very recently.
Okay, so that was that one.
1278
03:19:37.950 --> 03:19:45.840
Community Hall: So instead of the update to 19 units, the mistake in that resolution was that it needs to be updated to 99 years. 1279
03:19:46.640 --> 03:19:54.650
Community Hall: And then… Number 3, pardon? City attorney, doesn't item 5 take care of that?
1280
03:19:56.120 --> 03:20:09.310
Community Hall: Correct. It does. Okay. The… so item 1 indicates that the resolution for the DDA needs to be revised with respect to the number of units.
That comment should move down to number 3. It's…
1281
03:20:09.310 --> 03:20:22.490
Community Hall: the resolution approving the ASA, that refers to 18 units, and it should instead say 19. Mayor, could we ask this to be projected for the public? 1282
03:20:22.490 --> 03:20:23.580
Community Hall: Let's shoot.
1283
03:20:23.580 --> 03:20:30.680
Community Hall: We have. Are you able to share screen, and then you can make the edits real-time?
1284
03:20:31.180 --> 03:20:41.130
Community Hall: For the motion. Difficulty is our computers were down. Oh, are we not? Okay.
1285
03:20:41.260 --> 03:20:47.549
Community Hall: They're still not up? Okay.
1286
03:20:50.600 --> 03:20:51.690
Community Hall: Congrat it.
1287
03:20:52.080 --> 03:20:57.890
Community Hall: Yeah, that way I'm making the change.
1288
03:20:58.820 --> 03:20:59.770
Community Hall: Okay.
1289
03:21:01.350 --> 03:21:03.930
Community Hall: With this… Michelle?
1290
03:21:04.260 --> 03:21:13.439
Community Hall: Do you want to write the changes? And I do have a question for you on the actual resolution approving the DDA?
1291
03:21:13.920 --> 03:21:18.999
Community Hall: We know the DDA needs to be updated to 99 years. On the actual 1292
03:21:19.360 --> 03:21:24.670
Community Hall: resolution? Do we also need to update the resolution itself to 90? Yes.
1293
03:21:25.820 --> 03:21:28.390
Community Hall: Correct. Okay. I don't have a motion.
1294
03:21:29.820 --> 03:21:32.020
Community Hall: Not yet.
1295
03:22:52.100 --> 03:22:53.620
Community Hall: Very good, thank you.
1296
03:22:57.440 --> 03:23:03.170
Community Hall: Okay, so have the edits been completed, then? Okay, Councilmember Mohan?
1297
03:23:03.600 --> 03:23:08.129
Community Hall: Could we have the projection, turned back on? 1298
03:23:10.220 --> 03:23:15.400
Community Hall: Okay, so Councilmember Mohan, you'll be reading this into the record for the motion?
1299
03:23:15.570 --> 03:23:19.630
Community Hall: Okay, so the recommended actions are as follows. 1300
03:23:19.980 --> 03:23:26.390
Community Hall: One, we find the project exempt from the California Environmental Quality Act, CEQA.
1301
03:23:26.780 --> 03:23:34.089
Community Hall: 2. Adopt resolution number 26-016, approving architectural and site approval permit.
1302
03:23:34.360 --> 03:23:47.220
Community Hall: ASA 22025-006, Attachment A, and this includes an update to reflect 19 units, as opposed to 18 for the IDD population.
1303
03:23:47.880 --> 03:23:49.589
Community Hall: Item number 3.
1304
03:23:49.700 --> 03:23:59.790
Community Hall: Postpone adoption of resolution number 26-017, declaring the property exempt surplus land pursuant to the Surplus Land Act. 1305
03:23:59.980 --> 03:24:01.610
Community Hall: Which is an attachment B.
1306
03:24:02.750 --> 03:24:12.740
Community Hall: And number four, adopt resolution number 26-018, approving the Disposition and Development Agreement, DDA, which is Attachment C. 1307
03:24:12.790 --> 03:24:20.180
Community Hall: Subject to, one, increasing the term of affordability restrictions from 55 years to 99 years.
1308
03:24:20.230 --> 03:24:38.710
Community Hall: And two, revising the date upon which the City may exercise its right to reacquire the property from 55 years from the date the DDA closes to 99 years, and directs staff to revise the DDA and all ancillary documents to reflect these changes.
1309
03:24:38.820 --> 03:24:41.370
Community Hall: And circulate for execution.
1310
03:24:43.340 --> 03:24:44.849
Community Hall: Do we have a second?
1311
03:24:47.300 --> 03:24:51.700
Community Hall: Second. Okay, so we have a second from Councilmember Fruen. 1312
03:24:52.490 --> 03:24:59.900
Community Hall: Do we have, comments from the members of the City Council? And please keep them brief. We are a bit over time already. 1313
03:25:02.660 --> 03:25:04.940
Community Hall: Councilmember Wong?
1314
03:25:05.430 --> 03:25:07.310
Community Hall: Yeah, I'll be as brief as I can.
1315
03:25:07.480 --> 03:25:19.669
Community Hall: Look, we're working against our residents and doing it with $9 million of taxpayer dollars. We need to remember we represent our taxpayers, the people who have lived here today. Once we give away the land, it's gone for a long time. It's 99 years.
1316
03:25:19.760 --> 03:25:32.500
Community Hall: In good consciousness… consciousness, we need to do more due diligence. This is a rushed job. We're cutting corners, we're making exceptions that we wouldn't make for any other group, so that this group can prepare for tax credits. It's cart before the horse.
1317
03:25:32.530 --> 03:25:48.680
Community Hall: We have a large perception by the public that we're not following the appropriate processes, completing the appropriate studies. We've not done the right studies, especially when we're trying to account for Westport numbers, a new park, lack of reliability on De Anza. This is 99 years from now. Our job is to make sure we're stewards for 99 years.
1318
03:25:48.720 --> 03:26:03.040
Community Hall: And can you really turn a right-of-way into a parcel? I'm not sure about that. We were not following the Surplus Land Act procedures. We may be violating those processes in so many ways, and we continue to rush this project and change things on the fly.
1319
03:26:03.040 --> 03:26:09.689
Community Hall: This is not how it's supposed to work. We're doing it because they have a deadline. But we also should remember, we have residents to represent. 1320
03:26:09.690 --> 03:26:13.940
Community Hall: We have taxpayers that are involved in this, and this is really sad.
1321
03:26:13.940 --> 03:26:32.119
Community Hall: We don't have a tight DDA for foreclosure, bankruptcy, and credit for the investment dollars and inflation. So looking on this list, I want to see at least a tight DDA that actually accounts for those things in a friendly amendment.
And the other piece I really want to see is the fact that we should do the appropriate studies and follow the right process. We may be in violation of the Surplus Land Act.
1322
03:26:32.120 --> 03:26:39.879
Community Hall: And I know all the lawyers here are saying no, but I'm hearing from other lawyers that this is the case, that we have not followed the right process.
So, I'll leave it at that.
1323
03:26:41.280 --> 03:26:44.029
Community Hall: Thank you. Now, Vice Mayor Chao?
1324
03:26:45.150 --> 03:26:57.320
Community Hall: Yeah, there's no doubt IDD housing is critically needed in our area, especially when they have to compete for funding with the growing homeless population.
1325
03:26:57.620 --> 03:27:14.629
Community Hall: a higher percentage of which get housing because they were… they are addicted to drugs. And IDD is a population that must be prioritized in all BMR housing queues and all BMR housing funding.
1326
03:27:14.630 --> 03:27:22.870
Community Hall: This is a population that has no other option but rely on public assistance. We must support them, and especially
1327
03:27:22.890 --> 03:27:38.700
Community Hall: CUSD is known for their autism program and spatial needs program.
Many kids do… many parents' families move to the area for the very nice program, and then we do want to keep their kids in the area.
1328
03:27:38.870 --> 03:27:48.569
Community Hall: And I visited the Bay Area Housing Corporation's, senior, IDD housing that they operate back in 2019.
1329
03:27:48.570 --> 03:27:59.620
Community Hall: For example, there are 4 duplexes right in Cupertino on Foothill.
The address is 110506.
1330
03:27:59.660 --> 03:28:10.740
Community Hall: 10506, because someone asked me and didn't believe me. So that houses 12 developmentally disabled individuals with 4 caretaker families. 1331
03:28:10.740 --> 03:28:26.689
Community Hall: And they… that's a nice operation. I've visited their single-family homes. They are not located in Cupertino. I have dreamed to have that kind of housing in Cupertino, where a single-family home is turned into independent living for IDD.
1332
03:28:26.690 --> 03:28:38.039
Community Hall: So I have dreamed of having this project realized since 2019, because I've seen how great, independent living would be, or even 1333
03:28:38.200 --> 03:28:45.150
Community Hall: mildly assist to the independent living would be great for the population. No doubt.
1334
03:28:45.540 --> 03:29:03.440
Community Hall: is needed. However, as City Council member, I also have an obligation to ensure we follow the law, and we address all the concerns of our residents. And today, even from our city attorney has admitted the 1335
03:29:03.850 --> 03:29:07.180
Community Hall: Current version of the public land exempt? 1336
03:29:07.740 --> 03:29:09.700
Community Hall: on that resolution.
1337
03:29:09.810 --> 03:29:16.150
Community Hall: is insufficient, and they have to come back with another version.
And as we have pointed out.
1338
03:29:16.160 --> 03:29:33.149
Community Hall: We don't have sufficient reason to claim today the land that we are vacating or exempting today is not going to be needed for the city for public use.
When we did that, created the parcel in 2019,
1339
03:29:33.150 --> 03:29:36.840
Community Hall: The situation was different, because we had 1340
03:29:37.340 --> 03:29:46.159
Community Hall: expected two levels of public parking, parking… underground parking in Westport. It's when the state did not
1341
03:29:46.260 --> 03:30:03.580
Community Hall: forced the city to accept no parking on projects, and now the situation is different, so I really, really want this project to come true, but I just want… I think we need to hold the city not only to the higher standard. 1342
03:30:03.580 --> 03:30:08.860
Community Hall: We need to hold the city to a minimum standard, and I don't think 1343
03:30:09.410 --> 03:30:25.959
Community Hall: we are in a position today to approve the DDA, because we did not have sufficient… we did not have the competency check from the Planning Commission for vacation and for exemption. So I'm, proposing
1344
03:30:25.960 --> 03:30:33.510
Community Hall: a substitute motion to postpone this so that we have a clean process, that we…
1345
03:30:33.690 --> 03:30:37.769
Community Hall: approve the DDA when we have a claim.
1346
03:30:38.160 --> 03:30:42.650
Community Hall: Resolution for vacation, and for exempt public land. 1347
03:30:43.720 --> 03:30:44.740
Community Hall: Thank you.
1348
03:30:45.250 --> 03:30:59.800
Community Hall: So, the motion is to postpone this until, the Planning Commission has done what they need to do, and then we have a claim reason that's legally supported by
1349
03:31:00.080 --> 03:31:00.760
Community Hall: Hmm.
1350
03:31:01.000 --> 03:31:04.589
Community Hall: For our reasons, for vacation and the exemption. 1351
03:31:07.110 --> 03:31:26.640
Community Hall: So, I do want to provide some corrections to some impressions individuals might have of the funding for this particular project. The $3 million in BMR funds, that's… those are developer impact fees. The developers paid those to the… to the city.
1352
03:31:26.640 --> 03:31:46.410
Community Hall: The CDBG grant funding, that's federal funds. If staff needs to correct me on any of these items, please do. And the PLHA loan is… is from the county, so none of these, none of these funds are… are coming out of our general fund. Is that correct?
1353
03:31:47.350 --> 03:31:49.490
Community Hall: That's correct. Okay, thank you.
1354
03:31:49.930 --> 03:31:59.159
Community Hall: Okay, so we have a substitute motion. Second. And seconded by, Councilmember Wong.
1355
03:31:59.780 --> 03:32:04.350
Community Hall: do we have any discussion from the rest of the council members? Otherwise, we'll,
1356
03:32:05.020 --> 03:32:07.690
Community Hall: Madam City Clerk, will you please conduct the vote? 1357
03:32:13.320 --> 03:32:22.299
Community Hall: So, just to be clear, Mohan moved in for and seconded, and then we… so we're going to substitute motion with Councilmember Wong, 1358
03:32:23.090 --> 03:32:25.690
Community Hall: Seconded, but Vice Mayor, motioned.
1359
03:32:26.220 --> 03:32:29.109
Community Hall: Correct, to post… it was a motion to postpone. 1360
03:32:32.920 --> 03:32:35.089
Community Hall: Okay, please start with voting.
1361
03:32:38.750 --> 03:32:46.239
Community Hall: on… Yeah, just… could you read my motion that you have jotted down? 1362
03:32:49.130 --> 03:33:06.130
Community Hall: I have that you moved to postpone consideration of this matter until the Planning Commission has completed its review and taken all required actions so that the record reflects a clear, legally supported basis for any decision regarding vacation and exemption of public land. Yeah, thank you. Does that summarize it? Yeah.
1363
03:33:13.610 --> 03:33:17.110
Community Hall: The motion fails with…
1364
03:33:17.830 --> 03:33:25.860
Community Hall: Councilmember Wong and Vice Mayor voting yes. Okay, then I'm moved that, so we're gonna vote on the main motion now.
1365
03:33:26.410 --> 03:33:32.090
Community Hall: Okay. I would like to say something, since we haven't had the opportunity to speak.
1366
03:33:38.190 --> 03:33:39.770
Community Hall: Give me a moment here.
1367
03:34:07.850 --> 03:34:32.780
Community Hall: While you're getting ready for that, there was a mention about heat map and collisions. Cupertino has a collision dashboard, and I've looked at each one of the collisions there. Looks like some people are hitting parked cars, and the accidents had to do… were vehicular, so that… I appreciate staff has all this information available, and it's important to look into
1368
03:34:32.780 --> 03:34:47.319
Community Hall: into the details when, this has happened before, when people have presented arguments and pulled the map, you have to actually go and dig in to see what those, what those collisions, what those accidents actually were, and it's, very helpful.
1369
03:34:48.900 --> 03:34:54.529
Community Hall: Thank you for that, Madam Mayor, you actually took one of the comments I was going to make.
1370
03:34:55.580 --> 03:35:02.160
Community Hall: So I will… I will go back to something that's actually, bothering me a great deal about part of this discourse.
1371
03:35:02.500 --> 03:35:09.430
Community Hall: Over several months, there have been a number of people who've come and made comments about this project.
1372
03:35:10.140 --> 03:35:12.980
Community Hall: The process that's been used…
1373
03:35:13.270 --> 03:35:19.159
Community Hall: what presumed impacts there might be, and in many of those comments, I've heard
1374
03:35:19.290 --> 03:35:28.750
Community Hall: Some things that deeply disturb me about the nature of who will be living there, whether people are worthy to live in Cupertino. 1375
03:35:29.380 --> 03:35:32.230
Community Hall: Everybody's worthy to live in Cupertino. 1376
03:35:33.370 --> 03:35:35.030
Community Hall: I grew up in this city.
1377
03:35:36.430 --> 03:35:39.399
Community Hall: In this community, went to these schools. 1378
03:35:41.980 --> 03:35:45.670
Community Hall: This story is basically not possible any longer because we've made it
1379
03:35:46.350 --> 03:35:50.020
Community Hall: Incredibly difficult to buy or rent in this town. 1380
03:35:51.400 --> 03:35:55.679
Community Hall: And I think everyone needs to contemplate that for a moment. We are here…
1381
03:35:57.020 --> 03:36:00.160
Community Hall: Having to approve affordable housing of this type. 1382
03:36:00.630 --> 03:36:07.149
Community Hall: Because we didn't for many, many, many years. As an entire valley, as the Bay Area, as a whole.
1383
03:36:08.810 --> 03:36:11.129
Community Hall: We simply didn't plan for the future.
1384
03:36:12.190 --> 03:36:20.249
Community Hall: Part of what we are supposed to do as a council is to plan for the future, to help make sure that Cupertino remains a place 1385
03:36:20.630 --> 03:36:22.969
Community Hall: Where everyone can have a future.
1386
03:36:23.200 --> 03:36:24.860
Community Hall: That we don't just become…
1387
03:36:26.570 --> 03:36:31.940
Community Hall: A retirement community, where all of our stores close and all of our schools have to shut down.
1388
03:36:32.990 --> 03:36:36.419
Community Hall: So, projects like this are really important. 1389
03:36:38.010 --> 03:36:43.509
Community Hall: And so I was at least heartened to hear a lot of the advocacy today shift from
1390
03:36:45.330 --> 03:36:48.159
Community Hall: The sort of commentary about who gets to live here. 1391
03:36:48.460 --> 03:36:50.910
Community Hall: 2… legal issues.
1392
03:36:51.430 --> 03:36:56.139
Community Hall: But I want to address a little bit of that as well, because… 1393
03:36:57.920 --> 03:37:05.689
Community Hall: I got to read through the advocacy letter that was sent by… Mr.
Safran?
1394
03:37:06.440 --> 03:37:07.550
Community Hall: Yesterday.
1395
03:37:08.910 --> 03:37:14.749
Community Hall: And I was extremely surprised to see a number of legal assertions sitting inside it.
1396
03:37:15.210 --> 03:37:18.120
Community Hall: And I'll just take you through one that, in particular. 1397
03:37:18.880 --> 03:37:32.939
Community Hall: causes me to question the entirety of what was in that letter. It reads, toward the end of the letter, the density bonus law requires specific findings demonstrating that each waiver or concession is necessary to make the subject project economically feasible.
1398
03:37:32.960 --> 03:37:42.949
Community Hall: And that it does not result in a specific adverse impact upon public health or safety. The city has not made those findings in any meaningful way. That is not the law.
1399
03:37:44.350 --> 03:38:02.300
Community Hall: Per Bankers Hill, 150. The City of San Diego, 74, CalAP 5th at 75, and Schreiber versus the City of Los Angeles, 69 CalAP 5th, starting at 549. The City is not required to make such findings.
1400
03:38:02.590 --> 03:38:16.290
Community Hall: Schreiber is explicit at page 560. The city, quote, was not required to make an affirmative finding that the incentives would result in cost reductions or decide evidence to establish a fact presumed to be true, end quote. 1401
03:38:17.060 --> 03:38:35.069
Community Hall: What happens instead under the DBL is that the burden of evidence shifts. It is the city, if it wants to deny a waiver or a concession, that must make findings based on the required quantum of evidence in the record. That is not what is happening here.
1402
03:38:35.170 --> 03:38:37.400
Community Hall: And when I see obvious…
1403
03:38:37.990 --> 03:38:45.719
Community Hall: readily verifiable legal errors like this, it makes me question the validity of the whole entire advocacy letter.
1404
03:38:46.980 --> 03:38:50.490
Community Hall: Every analysis point and contention that's made inside of it. 1405
03:38:51.940 --> 03:38:53.250
Community Hall: And frankly.
1406
03:38:54.150 --> 03:39:13.760
Community Hall: when attorneys bring pleadings in court, you have a duty to the court of candor. You are not allowed to simply misstate the law like this. So I really have to question the ethics underpinning this sort of advocacy. It's one thing to zealously advocate for a client.
1407
03:39:13.900 --> 03:39:23.580
Community Hall: And it is quite another to wholesale ignore controlling contrary authority. So, I really have no reason to believe any of the assertions. 1408
03:39:24.390 --> 03:39:29.499
Community Hall: that were made in this letter, or any of the legal claims that have come before us, so I… I…
1409
03:39:29.610 --> 03:39:41.130
Community Hall: appreciate that, Madam City Attorney, you've been under a lot of strain today with a whole lot of questions, and all of the diligence that your firm has put into trying to ensure that we're doing the right thing, and that we're doing it the right way.
1410
03:39:43.050 --> 03:39:47.650
Community Hall: With that, this really honestly ought to be. 1411
03:39:47.850 --> 03:39:53.059
Community Hall: a… a simple project to approve. It's modest. 1412
03:39:54.380 --> 03:39:56.370
Community Hall: It's replacing parking.
1413
03:39:56.640 --> 03:40:03.149
Community Hall: Housing for cars. Unsheltered housing for cars. For sheltered housing for people.
1414
03:40:04.970 --> 03:40:11.230
Community Hall: And so I would simply ask for the folks who have opposed this project so far
1415
03:40:11.580 --> 03:40:16.439
Community Hall: Once it's there, once it's built, it will be populated with people who will be part of this community.
1416
03:40:17.280 --> 03:40:22.709
Community Hall: go and meet them. You might be finding that you've made your new best friend.
1417
03:40:23.310 --> 03:40:24.110
Community Hall: Thank you.
1418
03:40:25.420 --> 03:40:26.240
Community Hall: Great.
1419
03:40:26.290 --> 03:40:39.950
Community Hall: Thank you, Councilmember Fruen. This, project, let me be really brief here. I do have a question for our City Attorney about the 1030 time, so I probably will be asking to suspend the rules, because I do want to get to the next item.
1420
03:40:39.950 --> 03:40:46.960
Community Hall: And I think that this… this has gone on very, very long, a lot longer than we expected. We should do that now, and we should vote on that? 1421
03:40:46.960 --> 03:40:49.879
Community Hall: Okay, so, I move that we…
1422
03:40:50.270 --> 03:40:56.819
Community Hall: Extend the time to hear the next item. Extend the time to hear the… 1423
03:40:56.880 --> 03:41:07.019
Community Hall: Next item, which is item 9, and I believe we'll need to suspend the rules since it will begin after 10 30.
1424
03:41:07.020 --> 03:41:23.000
Community Hall: Correct, and if you want to hear anything else on the agenda, you should say that now, but if that's the last item that you'll… yes, that's the last item, so I would like a second, and then we will take a vote right before 1030.
Second. Okay, thank you, Councilmember Fruen.
1425
03:41:23.050 --> 03:41:26.170
Community Hall: Madam City Clerk, may we…
1426
03:41:26.220 --> 03:41:44.609
Community Hall: Will you please conduct the vote? Mayor, can I make a comment? Because I'm going to abstain, I would like to state the reason. You're going to abstain from this vote to hear item 9? No, no, no. Oh, not the item. This is the vote to extend. Okay.
1427
03:41:45.960 --> 03:41:47.370
Community Hall: Okay, please vote.
1428
03:41:51.950 --> 03:41:54.389
Community Hall: Motion carries with Councilmember Wong voting no. 1429
03:41:54.620 --> 03:41:55.590
Community Hall: Okay?
1430
03:41:56.260 --> 03:42:05.940
Community Hall: So, we'll continue with, our comments on this item, and then we'll hopefully, have… they'll be very brief, and then we'll go to a vote. 1431
03:42:07.700 --> 03:42:09.569
Community Hall: Any… no further comments?
1432
03:42:10.260 --> 03:42:12.020
Community Hall: You.
1433
03:42:12.160 --> 03:42:30.870
Community Hall: So first, can I propose a friendly amendment that we, in addition to this, that we bring back for, to try to revise our BMR menu, so that we prioritize long-time Cupertino residents over short-term residents. 1434
03:42:31.500 --> 03:42:38.290
Community Hall: 2… Pardon, through the city attorney, that seems like a separate work program item.
1435
03:42:39.850 --> 03:42:44.270
Community Hall: That's not really associated with this. Can I include that in the motion?
1436
03:42:44.430 --> 03:43:03.689
Community Hall: That does seem to be a separate work program item, the BMR manual.
Okay, that's fine. But doesn't it tie back to the DDA? Through the chair. So the BMR manual is cited in the Cupertino Municipal Code, and it's then, adopted by resolution.
1437
03:43:03.690 --> 03:43:13.469
Community Hall: I think we're getting far afield of this particular item when you're trying to dig in and change the BMR manual. I do think there are 1438
03:43:13.640 --> 03:43:27.910
Community Hall: because of the 99 years in the housing element, I think it does need to be looked at. That's a separate item, that's a future agenda item. I don't believe it fits with this one. Can I just state my reason to abstain? Yes, please.
Okay.
1439
03:43:27.910 --> 03:43:35.780
Community Hall: So, I really, really want to vote yes on the project, because I've been expecting this since 2019.
1440
03:43:35.780 --> 03:43:40.120
Community Hall: And I really think this is critically needed. But… 1441
03:43:41.540 --> 03:43:51.709
Community Hall: As the attorney has even pointed out, we don't have the legal, sufficient legal reasons today
1442
03:43:51.870 --> 03:44:03.739
Community Hall: to exempt this land from… to claim this as surplus public land.
And, we have future uses. I do…
1443
03:44:03.970 --> 03:44:10.770
Community Hall: I have not seen any adjustment to help us provide more parking ever since
1444
03:44:10.830 --> 03:44:18.940
Community Hall: on the start of the year, and other developers have done that, so I do at least want to be sure we are following
1445
03:44:18.960 --> 03:44:38.699
Community Hall: all the clean rules, so I am abstaining because I want to vote yes.
I don't want to vote no, but I don't think I can vote yes on the condition that we have today. Okay, thank you, Vice Mayor. I do see a final hand raised, Councilmember Wong, and then… I'll keep it short. Vote? I'll keep it short. 1446
03:44:38.930 --> 03:44:44.969
Community Hall: So, Mayor, you believe in process, you believe in doing things the right way, you believe in planning.
1447
03:44:45.000 --> 03:45:00.729
Community Hall: This is a 99-year project, so do you… if you feel that we have done the proper due diligence for a 99-year project to properly put a DDA, then I may vote with you, but at this moment, I don't see that in any instance here, which is why I'm gonna vote no.
1448
03:45:00.790 --> 03:45:11.980
Community Hall: Okay, thank you for that comment, and I did consult with our city attorney today, and we discussed this entire project.
1449
03:45:12.050 --> 03:45:16.859
Community Hall: And so I am voting in support of it, and I trust our city attorney. 1450
03:45:17.850 --> 03:45:21.610
Community Hall: Madam City Clerk, will you please conduct a vote? 1451
03:45:38.770 --> 03:45:43.830
Community Hall: The motion carries with Councilmember Wong voting no, and Vice Mayor abstaining.
1452
03:45:44.760 --> 03:45:56.189
Community Hall: All right, thank you very much, everyone. We are moving on to item 9, the transition of the Business License Administration to HDL Companies. 1453
03:45:56.410 --> 03:46:13.240
Community Hall: and consideration of a business license amnesty program. We'll receive a staff report on the transition, and then provide direction on whether to offer an amnesty program, and if so, which of the proposed options to use. 1454
03:46:14.040 --> 03:46:20.640
Community Hall: Madam City Manager, do we have a staff report? 1455
03:46:20.900 --> 03:46:34.750
Community Hall: Thank you, Mayor, and as, Jonathan is setting up, I'll just provide a short introduction. So this item is, it provides a report on the transition of the business license administration to HDL companies.
1456
03:46:34.750 --> 03:46:47.030
Community Hall: We're also seeking Council direction to adopt a business license amnesty program tonight. So the model that we're presenting today is an opportunity that we've identified to not only reduce
1457
03:46:47.110 --> 03:46:57.569
Community Hall: the city's cost, but also to generate revenue, ongoing revenues. So the… an amnesty program can help bring unlicensed businesses into the system. 1458
03:46:57.570 --> 03:47:03.979
Community Hall: And the programs aim to improve accuracy of our business database and improve communication with the business community.
1459
03:47:03.980 --> 03:47:22.130
Community Hall: And I, you know, I really appreciate the planning efforts around our first Restaurant Week that happened last year. Staff, including council members, helped with the outreach and, you know, collectively, we realized that some of our businesses weren't able to participate in those programs, because they were not
1460
03:47:22.130 --> 03:47:34.210
Community Hall: adequately, or appropriately licensed. So this effort began right after that in earnest, and, we want to provide the valuable visibility and resources to all our businesses.
1461
03:47:34.220 --> 03:47:45.050
Community Hall: So with this program, we're reinforcing our commitment to, as a city, to a business-friendly environment. Like I said, it's gonna generate ongoing revenues for the city, which is important.
1462
03:47:45.050 --> 03:47:57.320
Community Hall: And with that, I will now turn it over to Jonathan Orozco, our Acting Admin Services Director. Our Economic Development Manager and Consultant from HDL are also available for any questions after the presentation. 1463
03:47:57.730 --> 03:47:59.279
Community Hall: Yeah, thank you.
1464
03:47:59.600 --> 03:48:02.869
Community Hall: Good evening, Honorable Mayor Moore and City Council members. 1465
03:48:03.030 --> 03:48:16.789
Community Hall: Tonight, staff is presenting an update to the City's transition to HDL to Business License Administration, and seeking Council's direction on whether to implement a business license amnesty program
1466
03:48:16.910 --> 03:48:23.249
Community Hall: as part of its new compliance framework. This transition has made possible by staffing
1467
03:48:23.450 --> 03:48:28.750
Community Hall: Vacancies, and has already resulted in improved operational efficiencies.
1468
03:48:29.130 --> 03:48:33.759
Community Hall: Enhanced customer service, and access to more robust compliance tools.
1469
03:48:34.110 --> 03:48:46.819
Community Hall: HCL estimates that there are approximately 800 business licenses that are out of compliance in Cupertino, which, if brought into compliance, would generate an estimated $580,000 in annual revenue.
1470
03:48:47.390 --> 03:48:54.439
Community Hall: To support this transition and encourage volunteer participation, staff recommends a phased 60-day
1471
03:48:55.210 --> 03:49:06.909
Community Hall: Amnesty program. This program offers a 100% penalty and interest forgiveness in the first 30 days, followed by 50% in the second 30 days. 1472
03:49:07.400 --> 03:49:18.389
Community Hall: And then resume into full enforcement of compliance and discovery.
Two alternate models were also included in the packet for consideration. 1473
03:49:18.670 --> 03:49:25.330
Community Hall: Under the current municipal code, Penalties are assessed at 20% of business license per month.
1474
03:49:26.370 --> 03:49:29.040
Community Hall: Up to 100% of that tax.
1475
03:49:29.340 --> 03:49:33.300
Community Hall: Plus a 1% monthly interest on the principal of that tax. 1476
03:49:33.720 --> 03:49:38.070
Community Hall: All three proposed amnesty models will limit tax recovery. 1477
03:49:38.480 --> 03:49:43.689
Community Hall: To the prior 3 years, and waive penalties and interest during the amnesty period.
1478
03:49:44.440 --> 03:49:51.179
Community Hall: The amnesty would apply to all existing businesses that are in… that are out of compliance, whether they
1479
03:49:51.430 --> 03:49:55.730
Community Hall: Never applied, or are currently out of compliance and failed to renew.
1480
03:49:56.150 --> 03:50:08.240
Community Hall: In addition, while not explicitly included in the report, staff request Council to consider granting temporary authority for the City Manager to waive penalties and interest on a case-by-case basis.
1481
03:50:08.750 --> 03:50:14.219
Community Hall: This will add flexibility while, while we support… excuse me… 1482
03:50:14.550 --> 03:50:22.260
Community Hall: This added flexibility will support a smoother rollout of the program while staff works on a formal municipal code update later this year. 1483
03:50:22.990 --> 03:50:36.210
Community Hall: Following Council's direction, staff will expand outreach efforts, update FAQs, and provide clear communication to help businesses understand their obligations and take advantage of the amnesty opportunity. 1484
03:50:36.770 --> 03:50:46.859
Community Hall: Staff, along with Ian Davis from HDL, are available to answer any questions you may have, and welcome your input whether to proceed with one of the proposed amnesty models.
1485
03:50:49.210 --> 03:50:56.580
Community Hall: Thank you, Acting Administrative Services Director Roscoe. Are there any clarifying questions from the City Council at this time? 1486
03:51:00.780 --> 03:51:08.500
Community Hall: Okay, everybody. So, Council… Councilmember Wong. 1487
03:51:12.400 --> 03:51:17.019
Community Hall: I think the only question is, why can't we do this ourselves, and why do we have to contract it out to HDL?
1488
03:51:18.880 --> 03:51:20.280
Community Hall: Kins.
1489
03:51:21.220 --> 03:51:25.290
Community Hall: Previously, the city administered business license in-house. 1490
03:51:25.400 --> 03:51:39.330
Community Hall: the cost was approximately, close to $300,000. The program that, HDL is offering, would be much less. So, with that, they may bring economies of scale.
1491
03:51:39.400 --> 03:51:49.139
Community Hall: to the city, that would, grant, the, the, the, the efficiencies the city just does not have the ability to, to perform.
1492
03:51:49.140 --> 03:52:03.569
Community Hall: In addition to that, we don't… the city doesn't have the resources for the compliance and discovery aspect. And this is actually one of the main reasons we… we pursued HDL, because the city was somewhere between 60% to 77… 60% to 70% compliant.
1493
03:52:03.570 --> 03:52:06.779
Community Hall: As… which would be,
1494
03:52:06.780 --> 03:52:24.430
Community Hall: common for other cities that don't have that compliance in discovery, division within its business license. So with HDL1, we see that, those economies, as well as, the, the increase in revenue from their discovery and 1495
03:52:24.430 --> 03:52:27.530
Community Hall: And, compliance division.
1496
03:52:27.920 --> 03:52:28.700
Community Hall: Thank you.
1497
03:52:30.600 --> 03:52:35.540
Community Hall: I do want to add that we will have over 4,000 businesses, once… 1498
03:52:35.820 --> 03:52:39.360
Community Hall: we decide on how to handle this. Councilmember Fruen. 1499
03:52:42.410 --> 03:52:58.380
Community Hall: So the way that the recommendation is worded, it makes them appear as though each of these options is mutually exclusive, one with the other, but it looks like two, read the way that it is, could probably be incorporated, at least into the third one. Is that…
1500
03:52:58.810 --> 03:52:59.660
Community Hall: True?
1501
03:53:01.210 --> 03:53:11.060
Community Hall: I'm sorry, can you… So the second one would be to provide ongoing amnesty upon discovery for newly identified unlicensed businesses, and that feels like it would…
1502
03:53:11.720 --> 03:53:17.179
Community Hall: Work fine with the option in 3, or the option in 1? 1503
03:53:17.940 --> 03:53:32.959
Community Hall: the city has the option to essentially marry both of them. So, currently, we can have the amnesty program for 30 or the 60 days, as proposed on options 1 and 2, and then thereafter provide that amnesty 1504
03:53:32.960 --> 03:53:51.450
Community Hall: window once HDL, identifies any non-compliant business. Okay, so it's really options 1 and 3 that are mutually exclusive. Correct. Okay, alright.
And then in addition to that, there was some request for additional authority to the city manager to be able to make certain
1505
03:53:51.530 --> 03:53:57.579
Community Hall: penalty determinations on a case-by-case basis, but I don't see that
1506
03:53:57.840 --> 03:54:04.649
Community Hall: captured in the recommended action, so what would you need from us? Do we have to make a motion that specifically includes that? 1507
03:54:04.820 --> 03:54:06.290
Community Hall: That is correct. Okay.
1508
03:54:08.740 --> 03:54:10.380
Community Hall: Councilmember Mohan?
1509
03:54:12.650 --> 03:54:20.249
Community Hall: I have worked in other organizations where HDL has administered the business license program.
1510
03:54:20.370 --> 03:54:26.219
Community Hall: And they are the experts. I was just surprised that we hadn't done this earlier.
1511
03:54:26.360 --> 03:54:35.279
Community Hall: But… but it's not just a matter of capturing the businesses and the amount of fee and so on. There's, there's a enforcement, 1512
03:54:36.110 --> 03:54:44.089
Community Hall: aspect to it, which I don't know how you've been able to do it all these years. So, I am completely,
1513
03:54:44.690 --> 03:54:49.000
Community Hall: in approval of, going with HDL to…
1514
03:54:49.120 --> 03:54:52.990
Community Hall: To have this program outsourced.
1515
03:54:53.120 --> 03:54:59.060
Community Hall: But you… you said something, Jonathan, that you would also, as staff, you'd be…
1516
03:54:59.200 --> 03:55:11.689
Community Hall: doing some outreach among businesses, and so I just want to make sure that the responsibilities are… are clear and sort of separate. If you're going to be doing it, then is HDL going to be doing it, or…
1517
03:55:11.820 --> 03:55:29.409
Community Hall: Do you have staff working now on business licenses, or will you eliminate that function as part of city operations? A couple questions. So, the first is, the heavy lifting will be performed by the city's economic development and communications.
1518
03:55:29.580 --> 03:55:45.689
Community Hall: divisions, who will be, reaching out to the business community, very… through various, channels. And then in terms of staffing, due to the vacancies that we finance had a little over a year ago. 1519
03:55:45.690 --> 03:56:00.109
Community Hall: what we did was repurpose one of the vacancies to assist with CIP-related functions. And so, we did not lose a position, we essentially repurposed it, and so we
1520
03:56:00.130 --> 03:56:05.180
Community Hall: We're now working closely with CIP to kind of help with the reporting requirements.
1521
03:56:05.550 --> 03:56:12.150
Community Hall: And if I may add to that, through the mayor, so we're hoping the outreach is more coordinated.
1522
03:56:12.150 --> 03:56:27.140
Community Hall: With HDL support, we're talking with CDD staff, so when someone's, you know, a business is getting their permits, that it gets identified if they don't have a business license. And then when our… with our economic development manager, I think it's going to be more robust and coordinated. 1523
03:56:27.270 --> 03:56:35.460
Community Hall: with the support of HDL. It results in cost savings for the city, as we mentioned, and hopefully we can bring in more revenue that way. 1524
03:56:36.170 --> 03:56:51.379
Community Hall: Is he the only person, working with, working on this? Or do you have other staff members besides Daniel? Yes, we have other members of the city manager's team that help with outreach, but primarily is the economic development. 1525
03:56:52.290 --> 03:56:53.129
Community Hall: Thank you.
1526
03:56:55.040 --> 03:56:56.070
Community Hall: Vice Mayor?
1527
03:56:59.650 --> 03:57:12.239
Community Hall: So, I believe we need to thank Councilmember Wang for finding out this issue, because I remember I first received a list of businesses registered from him.
1528
03:57:12.240 --> 03:57:23.700
Community Hall: And then he pointed out some of them are not registered in Copartino. So then we started to, try to clean up. So, thank you for that. 1529
03:57:23.810 --> 03:57:27.900
Community Hall: And, I have a question about, yeah, between 2 and 3. 1530
03:57:28.560 --> 03:57:40.670
Community Hall: in terms of business discovery, so to propose this reoccurring discovery, and what is the other thing? If we don't do reoccurring, what does that mean?
1531
03:57:40.900 --> 03:58:00.530
Community Hall: So what the option 2 would… The option… if we just go strictly with option 3, without reoccurring discovery, what does that mean? Sorry. So that would mean after the amnesty period ends, which is this total of 60 days. 1532
03:58:01.030 --> 03:58:09.820
Community Hall: HDL's discovery, efforts will continue after that, so let's say we discover another 100 businesses, making up numbers here. 1533
03:58:10.060 --> 03:58:22.390
Community Hall: Those businesses, whether they've heard from the city or knew about the requirement that they need to get a business license, would not have that flexibility of coming into compliance.
1534
03:58:22.390 --> 03:58:30.140
Community Hall: Without any forgiveness of penalties. HDL will do the discovering periodically. Correct.
1535
03:58:30.140 --> 03:58:37.659
Community Hall: And, option 3 is, The new ones, maybe they just registered yesterday.
1536
03:58:37.810 --> 03:58:44.639
Community Hall: And then HDL discovered today, and then they won't have 30 days. 1537
03:58:44.770 --> 03:58:49.789
Community Hall: And they won't… they will just get a notice from the city, hey, you…
1538
03:58:49.920 --> 03:58:53.319
Community Hall: You for… you didn't register, you are fined. 1539
03:58:53.450 --> 03:59:01.200
Community Hall: Something like that. Yeah, so if… if option 2 is not incorporated in the final recommendation or final direction that Council provides, then… 1540
03:59:01.310 --> 03:59:07.240
Community Hall: In the future, after any amnesty program is over, those businesses will
1541
03:59:07.520 --> 03:59:11.950
Community Hall: Have to just come into compliance and will not have that courtesy window.
1542
03:59:12.040 --> 03:59:15.919
Community Hall: But how would they be notified they need to register? 1543
03:59:15.930 --> 03:59:33.729
Community Hall: would they get no notification? They are supposed to just know? No, they're not… well, they're supposed to not just automatically know, so we're looking into ways through the outreach, through improving our websites, through working with CDD staff, so there's a lot of different
1544
03:59:33.940 --> 03:59:38.589
Community Hall: There's a kind of a multi-pronged approach we're taking, so we'll make sure businesses are aware.
1545
03:59:39.420 --> 03:59:46.400
Community Hall: But most people are not. Any outreach by the CT, we will miss people.
1546
03:59:46.470 --> 04:00:00.899
Community Hall: So those people are not going to know that they need to register, and HDL, once they discover, they will not get 30 days. I mean, they won't even get a notice from the city, except
1547
04:00:01.080 --> 04:00:02.830
Community Hall: a late notice.
1548
04:00:03.550 --> 04:00:09.590
Community Hall: Yes, that's… that's the question, is if they're getting a late notice at that point.
1549
04:00:09.890 --> 04:00:11.799
Community Hall: Are we giving them that…
1550
04:00:11.810 --> 04:00:26.119
Community Hall: Courtesy window to come into compliance. Yeah, thank you. I do think that 30-day window makes sense, yeah. So, the option 2 is more geared towards, licenses that have never
1551
04:00:26.120 --> 04:00:37.790
Community Hall: For applicants, or sort of businesses that have never submitted an application. So as, HDL is cross-referencing their, their data, our existing 1552
04:00:37.850 --> 04:00:51.300
Community Hall: database to other databases and identifying those licenses. Yeah, I understand that. So they would grant those licenses a brief window, whether it's 30 days, 60 days, whatever Council chooses to adopt.
1553
04:00:51.300 --> 04:01:06.700
Community Hall: The HDL would work with them and give them that official notice.
You have 30 days to come into compliance, otherwise you're going to be assessed… Yeah, I understand that. …just for previous taxes, but also penalties. That's okay, so what would be the notification method?
1554
04:01:06.700 --> 04:01:09.659
Community Hall: Through email, letter…
1555
04:01:09.660 --> 04:01:27.240
Community Hall: They have options, so one through email or through an actual letter. So, similar to their, the renewal process, they'll reach out via email multiple times, if they have one on file, and then, lastly, a letter before their license expires.
1556
04:01:27.450 --> 04:01:34.089
Community Hall: So, lastly, it's through letter, because we have heard from businesses is,
1557
04:01:34.120 --> 04:01:53.840
Community Hall: a lot of these emails get ignored, and they don't know if they are really from the city, and so they trust a letter, especially on text, things. So, it seems if we are sending a formal notice that you have 30 days to comply, it should start with a written
1558
04:01:54.160 --> 04:02:05.349
Community Hall: notice that's an official letter, and the email is kind of a courtesy reminder. Unless they specifically opted out of 1559
04:02:05.940 --> 04:02:06.910
Community Hall: Right.
1560
04:02:07.500 --> 04:02:08.690
Community Hall: letters.
1561
04:02:08.820 --> 04:02:26.320
Community Hall: So they… currently, as far as the renewal process… They have no way to opt out, because they haven't registered. Maybe I can look to Ian, if you're available, to see what the discovery and compliance looks like after an amnesty program, as far as communicating with those newly discovered lights and cut distances.
1562
04:02:26.810 --> 04:02:28.860
Ian Davis: Of course, yeah, and can you guys hear me?
1563
04:02:29.360 --> 04:02:30.450
Community Hall: Yes. Yes.
1564
04:02:30.450 --> 04:02:36.959
Ian Davis: Thank you, Mayor and City Council. I just wanted to, just quickly jump in and, yeah, answer that question.
1565
04:02:37.440 --> 04:02:49.109
Ian Davis: normally, the way our discovery process works from a, just communications perspective is that we're actually trying multiple different mediums in order to contact the taxpayers. So it's, never just, like, a one-stop 1566
04:02:49.110 --> 04:03:03.560
Ian Davis: kind of process. It's… we send out a notification via postmail, we follow up via email, and then we even place phone calls to those businesses once they don't respond. That all happens, like, in a… in tandem, so in this, like, 30-day period, a business would receive
1567
04:03:03.590 --> 04:03:23.070
Ian Davis: a letter, and then an email, and then a phone call. Obviously, this is bearing the fact that we have that data. Sometimes, you know, depending on the business, that data's not readily available, so not every business may get that exact experience, but at the bare minimum, they'll receive a letter via postmail, and then at the maximum, they'll receive all three of those different types of communications.
1568
04:03:23.070 --> 04:03:25.420
Ian Davis: Because our main goal is just to make sure, as… 1569
04:03:25.620 --> 04:03:39.089
Ian Davis: by the nature of HDL being located not in Cupertino and being located in Fresno, as an example, there is a natural instinct to not trust some of the communications, so we try to basically make it as just… 1570
04:03:39.090 --> 04:03:47.300
Ian Davis: plain and simple as possible, that HDL is there, we're to be trusted, we're linked to the city's website directly, that basically there's just more. 1571
04:03:47.300 --> 04:03:54.339
Ian Davis: Transparency, and that the notices are very transparent about what we are, who we are, and how we can communicate with the taxpayers. 1572
04:03:54.560 --> 04:03:55.160
Ian Davis: Thank you.
1573
04:03:55.160 --> 04:03:59.630
Community Hall: Okay, great, thank you. So, how much is the current, 1574
04:03:59.720 --> 04:04:15.479
Community Hall: contract with HCDL to implement the existing program with just a portal for registration? And how much will be the additional cost if we include discovery and follow-up?
1575
04:04:15.740 --> 04:04:21.439
Community Hall: to implement the program. So currently, if I remember correctly, it's $16 per license.
1576
04:04:22.790 --> 04:04:39.499
Community Hall: Those outreach efforts. Should, in the, the, part of discovery and compliance aspect, if they, they do identify a business that's out of compliance and are able to recover the cost for this license, or for past taxes and penalties. 1577
04:04:39.500 --> 04:04:45.960
Community Hall: they would receive 40% of that initial, collections. Ongoing revenue
1578
04:04:46.020 --> 04:04:49.370
Community Hall: For that business is 100% to the city.
1579
04:04:49.570 --> 04:04:50.430
Community Hall: No problem.
1580
04:04:52.820 --> 04:04:59.630
Community Hall: Wait, $16 is… For the… for anyone who registered? 1581
04:05:00.210 --> 04:05:02.960
Community Hall: Or $600 is only for the…
1582
04:05:03.080 --> 04:05:05.689
Community Hall: The new ones they have discovered.
1583
04:05:06.150 --> 04:05:10.390
Community Hall: That's for all, compliance, or all renewals. 1584
04:05:10.490 --> 04:05:19.900
Community Hall: Or renew. So, if a new business that's just registering today, for example, gets online, HDL gets $16.
1585
04:05:20.070 --> 04:05:23.030
Community Hall: For ad registration.
1586
04:05:24.560 --> 04:05:27.969
Community Hall: Okay. Thank you. Thank you. Councilmember Wong? 1587
04:05:29.810 --> 04:05:37.490
Community Hall: Yeah, I have a quick question. So, on the ones that are for our, for the… for option number two, right, is that for…
1588
04:05:38.040 --> 04:05:41.599
Community Hall: Does that also include businesses that just discovered that they needed to do that?
1589
04:05:42.690 --> 04:05:47.820
Community Hall: Like, if someone voluntarily complies and just says, oh, wait, I saw a sign that says, hey, I need to go do that.
1590
04:05:47.960 --> 04:06:06.760
Community Hall: Because if we do the outreach right, does HDL get the money for doing the compliance, or do we get it for our outreach? Like, who gets attribution? So, the initial outreach, would be because the city's initiating that, that outreach, that would be 100% to the city, and the Cupertino would receive, both the 1591
04:06:06.760 --> 04:06:13.310
Community Hall: The current license backdata tax, as well as any back taxes. 1592
04:06:13.700 --> 04:06:23.230
Community Hall: Okay, and so the ongoing amnesty for discovered businesses, there's the HDL component, and there's our own component for our own outreach, right? We do separate that.
1593
04:06:23.230 --> 04:06:41.260
Community Hall: So the… for the second option, that would be their efforts for reaching out to the… the out-of-compliant businesses, and they would receive 40%.
So, on a 2x2 grid, HDL discovered city-initiated, right, on one side, versus, you know.
1594
04:06:41.660 --> 04:06:45.769
Community Hall: businesses in compliance versus newly discovered businesses, how does that look?
1595
04:06:46.720 --> 04:06:52.780
Community Hall: So, if we're… Sorry about the 2x2. Yeah, sorry about the 2x2, do the visual, do the box.
1596
04:06:54.990 --> 04:07:02.830
Community Hall: So the use case I'm looking at is really city-initiated, right, and new business. How does that… which… do we have different options for all these? 1597
04:07:05.440 --> 04:07:24.900
Community Hall: I think if I… if I may, I think it would be up to Councils to provide that direction. If you want to have this blanket ongoing amnesty upon discovery, whether it's through City Outreach or HDL, I think that can be part of that recommendation. No, I just want to make sure that if we… if we discover it, we don't have to pay the administration fee on the first stop. That's all. That's what I really wanted to make sure. And the second thing.
1598
04:07:24.900 --> 04:07:26.180
Community Hall: Given that…
1599
04:07:26.460 --> 04:07:42.289
Community Hall: I would guess that we have a very entrepreneurial audience in our neighborhoods. We have people that are doing consulting, we have people that are painting, we have people doing Etsy, we have all these things that are happening in the neighborhood, people have their own daycare, tutoring, like, there's a lot of businesses being run out of the city.
1600
04:07:42.600 --> 04:07:46.780
Community Hall: I would bet you 99% of these people didn't even know that they need a business license.
1601
04:07:46.950 --> 04:07:59.960
Community Hall: Right? And that's why I'm not even sure a 90-day period is enough, or how we actually do the outreach, but, I mean, anyone figuring out suddenly they might owe, I don't know, $1,000, $500, whatever the $181 fee is, right? They're gonna be in shock.
1602
04:08:00.030 --> 04:08:23.510
Community Hall: And so, I think that that's really the main thing. We do need to collect revenue. I'm not against that. I just think that 99% of the people that have these businesses, like, even kids that have startups that are generating ticket swaps and arbitrage on sneakers, like, they don't even know they gotta pay this tax. So whatever we do, I want to make sure we're gentle with it, but also in a way that is conducive, because they know what the business fee's getting us, which are some of the programs that,
1603
04:08:23.510 --> 04:08:24.980
Community Hall: you know, Daniel's working on.
1604
04:08:26.420 --> 04:08:27.270
Community Hall: That's all.
1605
04:08:31.090 --> 04:08:36.469
Community Hall: Madam City Attorney, it looks like we're gonna go past 11. 1606
04:08:36.720 --> 04:08:43.219
Community Hall: So, do we need to have a motion to extend past 11 in order to complete this item? We do, yes. Okay,
1607
04:08:43.320 --> 04:08:45.639
Community Hall: I'm making that motion? Do I have a second? 1608
04:08:46.700 --> 04:08:53.419
Community Hall: Second. Thank you. Madam City Clerk, will you please, conduct the vote?
1609
04:09:01.980 --> 04:09:04.520
Community Hall: Motion carries with Councilmember Wong voting no. 1610
04:09:07.570 --> 04:09:09.659
Community Hall: Thank you, Councilmember Wong.
1611
04:09:09.780 --> 04:09:22.919
Community Hall: So, okay, I'm not seeing any more questions, clarifying questions from the City Council. We're going to go to members of the… do you have another question? Oh, yeah, I have more questions.
1612
04:09:23.030 --> 04:09:33.839
Community Hall: So, it's unclear, the staff report didn't say what exactly a business needs to pay annually. Are we… I think it's $75? 1613
04:09:33.860 --> 04:09:47.319
Community Hall: But there's some something about square footage in the municipal code, and there's something about a micro business making under $1,000 or under $5,000. Could you clarify?
1614
04:09:47.740 --> 04:09:59.129
Community Hall: And then, if we are going back only 3 years, which is good, but then we are also charging interest and some penalty, I would like to know dollar amount.
1615
04:09:59.340 --> 04:10:07.759
Community Hall: what's the max a business would be expected to pay 3 years plus penalty, what that look like? So I have some…
1616
04:10:07.800 --> 04:10:23.899
Community Hall: idea. It doesn't have to be exactly accurate, just ballpark. Let me start off with, as far as that thousand or a small business. If a business generates less than $1,000 in gross receipts, they are exempt from 1617
04:10:23.910 --> 04:10:39.040
Community Hall: having to apply, receive a business license. If they generate between $1,000 to $5,000, they qualify for a small business license, which I believe right now it's right around $94.
1618
04:10:39.080 --> 04:10:41.630
Community Hall: Anything after that would be the full rate. 1619
04:10:41.710 --> 04:11:00.310
Community Hall: The general business… What's the full rate? And the general, business, cost is $185, and so of which $4 relates to SB1186, which is a, state, cost, and so that goes directly to the state.
1620
04:11:03.220 --> 04:11:10.870
Community Hall: Okay, any further questions? No, 3-year estimate with penalty.
Let's assume, there's a…
1621
04:11:10.910 --> 04:11:24.360
Community Hall: a $1,000 license, because of the square footage and whatnot. If it's one year, that license, and this is assuming penalties and interest, so the penalties will be up to one
1622
04:11:24.360 --> 04:11:31.939
Community Hall: 100%, so it'd be an additional $1,000, and interest on that, $1,000 would be $120.
1623
04:11:31.960 --> 04:11:34.729
Community Hall: 1% per month for each month.
1624
04:11:34.980 --> 04:11:51.619
Community Hall: Now, if it's a 2-year delinquent on that same $1,000, so you have 2 years of taxes, each at $1,000, you would see $2,000 in principal, 2,000 penalties, and $360 in interest. Now, you've got to consider that the first year 1625
04:11:51.620 --> 04:12:04.889
Community Hall: And interest will continue from year one to year two, so you see a third $120. And let's take it a third year. You see principal at $3,000, penalties at $3,000, and interest at $720,000.
1626
04:12:06.230 --> 04:12:18.160
Community Hall: But this is all hypothetical, right? So, yeah, hypothetically, if a business is supposed to pay $1,000 a year, the 3-year penalty would be how much? $3,000.
1627
04:12:18.290 --> 04:12:23.110
Community Hall: Because the penalties are up to 100%. So, $3,000 would be in… 1628
04:12:23.650 --> 04:12:27.290
Community Hall: 3,000 plus 3,000 penalty. I know.
1629
04:12:27.650 --> 04:12:47.509
Community Hall: The only bit that would be forgiven is the penalty of the $3,000.
The city would still pursue to collect the $3,000 in tax. Yeah, but if they are not… they didn't get the amnesty, so they would pay $3,000 for the business license, plus $3,000 penalty. Correct. If they are 3 years, at the max, yeah. 1630
04:12:48.200 --> 04:12:58.190
Community Hall: Okay, and then if it's over 2 years, what would be the total? Principal would be $2,000, penalty would be $2,000, interest would be $360,000. 1631
04:13:00.500 --> 04:13:03.770
Community Hall: So, the penalty plus interest is how much? 1632
04:13:04.570 --> 04:13:08.000
Community Hall: 2,360. 2000…
1633
04:13:09.080 --> 04:13:17.429
Community Hall: And if I may, it's been, the city's practice, interest has been a touchy subject, but once we,
1634
04:13:17.450 --> 04:13:35.070
Community Hall: we, approve an amnesty program should the council move this direction, or once we go into a full, discovery process, interest will be, included as part of the penalties and interest calculation that HDL will be collecting on behalf of the city.
1635
04:13:35.800 --> 04:13:48.529
Community Hall: So, for the businesses that's making under $1,000, they are exempt, but if we send any notice, turns out they are exempt, we still… 1636
04:13:50.450 --> 04:13:57.830
Community Hall: Wait, if they register, the city has to pay $16 for someone who doesn't pay anything.
1637
04:13:58.130 --> 04:14:05.739
Community Hall: So we would be negative $16 for a micro-business that make under $1,000.
1638
04:14:05.920 --> 04:14:07.519
Community Hall: Is that correct?
1639
04:14:09.080 --> 04:14:18.680
Community Hall: I'm sorry, can you rephrase that? Yeah, I think you mentioned for businesses with less than 1,000 gross receipts, they are exempt. 1640
04:14:19.560 --> 04:14:22.380
Community Hall: So they don't pay… they pay $0.
1641
04:14:23.510 --> 04:14:29.080
Community Hall: See, they shouldn't even register to begin with, right? So if they register.
1642
04:14:29.350 --> 04:14:48.490
Community Hall: the city will pay $16 for their registration when they pay zero. In that hypothetical, yes. Which I think my son just did. Okay. And but then when HDL makes this discovery, they don't know how much those people make. 1643
04:14:48.620 --> 04:14:56.679
Community Hall: So if HDL discover 100 businesses, that's actually micro, they will send on this notification to them.
1644
04:14:56.680 --> 04:15:06.210
Community Hall: And then they will try and register, and then we will pay $16 for them and find out, oh, they don't need to register.
1645
04:15:06.210 --> 04:15:17.829
Community Hall: Ian, what is the likelihood that we would actually send a notice to a small business that makes less than $1,000? So, do we know that? Can we… oh, okay, Ian.
1646
04:15:19.290 --> 04:15:27.929
Ian Davis: Yeah, quickly, I can just kind of answer both from a likelihood perspective, which is, it's pretty low. I mean, our main focus is going to be businesses who are more public.
1647
04:15:28.100 --> 04:15:30.279
Ian Davis: So, as an example,
1648
04:15:30.540 --> 04:15:46.640
Ian Davis: businesses who obviously have more of a, like, let's say, online presence, or a more dominated, outwardly, like, customer-seeking presence, as an example, are the things that are easier to find. And then, obviously, via the way that our contract is set up, where,
1649
04:15:47.040 --> 04:15:55.130
Ian Davis: We have the desire to have contingency fees, and obviously we're there to try to find as much revenue for the city, to try to basically 1650
04:15:55.590 --> 04:16:00.369
Ian Davis: find the biggest accounts, right? They were trying to fill the biggest gap for your revenue, the goals in your.
1651
04:16:00.370 --> 04:16:07.019
Community Hall: So, you have… do you have data on the gross receipts of those businesses? Tax records.
1652
04:16:07.020 --> 04:16:14.159
Ian Davis: So, in some cases, we do. So, for an example, we have sales tax records, right? So, that would be an example where we would have a portion of someone's group.
1653
04:16:14.160 --> 04:16:19.950
Community Hall: So you can screen all those micro, small… Garage startups. 1654
04:16:19.950 --> 04:16:31.480
Ian Davis: Correct. If… if… I mean, that's not the only type of business that would fall into the micro-business category, but yeah, we would be able to screen a large portion of them that are doing these, like, I think Etsy was brought up earlier, yeah.
1655
04:16:31.480 --> 04:16:32.910
Community Hall: That's good to know. Yeah.
1656
04:16:35.550 --> 04:16:53.179
Community Hall: Through the Mayor? May I propose something to be put on the screen, Lauren, just to simplify the discussion and move it along? Well, we were doing the clarifying questions. Can we come back after we've gotten comments from the public? Okay, thank you. Madam City Clerk, do we have any members of the public who would like to speak?
1657
04:16:53.850 --> 04:17:00.729
Community Hall: We have one request to speak in person, and at this time, I am seeing two hands raised virtually.
1658
04:17:01.520 --> 04:17:13.959
Community Hall: Okay, thank you. Okay, just a reminder to the members of the public wishing to speak regarding an item shall submit a request to speak or raise virtually within 9 minutes of the start of public comment, or before public comment period is closed, whichever comes first.
1659
04:17:14.480 --> 04:17:16.350
Community Hall: At this time, we will welcome Rhoda.
1660
04:17:16.900 --> 04:17:21.220
Community Hall: To the podium. I would have loved to see… hear me all? Y'all hear me?
1661
04:17:21.440 --> 04:17:37.999
Community Hall: Yes. But anyway, I would… there… I would have, I would have loved to see, Councilmember Wong's, clarification. I do have a slide up here, that I'd like to show you, so it was kind of like, hey guys, what's a business? So… 1662
04:17:38.490 --> 04:17:49.830
Community Hall: Anyway, a little bit tongue-in-cheek late at night, but luckily I was able to have a discussion with Mr. Orozco, outside. Very helpful. I would have liked to see
1663
04:17:49.830 --> 04:18:03.719
Community Hall: this agenda item a little better fleshed out, and I appreciate the fact that there's been some more information put on the website about what is a business, what's owed. I think it could be a little bit more in your face. 1664
04:18:04.030 --> 04:18:14.819
Community Hall: But, you know, what we want to do is we want to… let's be clear, this is a tax. This is not a license, it's a tax, okay? And so, 1665
04:18:14.840 --> 04:18:31.589
Community Hall: I… I… we really want to encourage businesses, and I would like to prefer to see that, even after discovery, that they're just… that we… you know, that we'd be lied on the penalties. We want people to… we want to bring people to compliance. We don't want to…
1666
04:18:31.830 --> 04:18:42.860
Community Hall: penalize people for being in business, or not understanding the roles. And, I'm not… I don't… we don't want to be too punitive. I didn't have time to…
1667
04:18:43.520 --> 04:19:02.759
Community Hall: to go through and look at a whole bunch of cities and see what they do. I think that would be helpful in really understanding the landscape in… in the Santa Clara Valley for understanding how we… how they do penalties. And I… I have a… I'm involved with a small business that has
1668
04:19:02.910 --> 04:19:13.420
Community Hall: business licenses in multiple cities. It's… it's a real pain to manage, and then to get… to get fined just for trying to do your job is… is a pain.
And…
1669
04:19:13.810 --> 04:19:31.279
Community Hall: you know, for instance, I know, like, Mr. Fruan, you had, you've done stuff with trademark stuff, so you did a trademark stuff for the YIMBY organization, so… but that YIMBY is probably outside of Cupertino, but you were doing it in your office.
1670
04:19:31.740 --> 04:19:44.910
Community Hall: in your home office, maybe? Did you need a license, or did you need a license when you did the trademark for the Cupertino Chamber of Commerce? Because that was for something that happened in Cupertino.
1671
04:19:45.170 --> 04:19:46.940
Community Hall: So, you know, there's a lot of…
1672
04:19:47.130 --> 04:19:51.820
Community Hall: Gray areas, or maybe you did it for free, so maybe you didn't, you know, you didn't…
1673
04:19:51.950 --> 04:19:55.540
Community Hall: collect that much money, I don't know. But anyway, 1674
04:19:56.370 --> 04:19:58.540
Community Hall: I think… I think this could be a little bit… 1675
04:19:58.660 --> 04:20:10.240
Community Hall: sussed out a little more, and I'm sure that Mr. Wrong really, really was able to… would have been able to crystallize the issues here, because he's really good at getting to the heart of the matter, so… 1676
04:20:10.430 --> 04:20:14.749
Community Hall: Let's encourage businesses and not punish them. Thank you. 1677
04:20:16.770 --> 04:20:20.829
Community Hall: Thank you, Rhoda. Next, we'll move to the virtual request to speak. 1678
04:20:21.290 --> 04:20:25.170
Community Hall: We have San Rao, followed by Peggy Griffin. Welcome, San. 1679
04:20:30.270 --> 04:20:35.449
San Rao: Good evening, Mayor, Vice Mayor, and Council Members. I'm speaking on behalf of myself only as a resident.
1680
04:20:35.720 --> 04:20:39.570
San Rao: I am strongly opposed to this change that you're proposing. 1681
04:20:39.940 --> 04:20:43.949
San Rao: And I ask that you reject this at 11pm tonight. 1682
04:20:44.340 --> 04:20:53.570
San Rao: This is… really should be called a tax increase at 11pm, and nobody was paying attention, written up as a vendor approval.
1683
04:20:53.870 --> 04:20:57.559
San Rao: When it is really a tax increase, Under the covers. 1684
04:20:58.480 --> 04:21:00.159
San Rao: You have no…
1685
04:21:00.830 --> 04:21:08.780
San Rao: Code enforcement today that is proactive, it is complaint-based.
Repeatedly, I have heard from the Vice Mayor that code enforcement is complaint-based.
1686
04:21:08.960 --> 04:21:14.009
San Rao: We spend 6 months on an RV ordinance, and code enforcement does not go out and enforce that.
1687
04:21:14.500 --> 04:21:26.160
San Rao: when you have homeless, there's no enforcement. However, when there's street sweeping and you're 5 seconds late, people get tickets. So there's a sustained pattern here where residents, law-abiding, tax-paying residents. 1688
04:21:26.330 --> 04:21:34.590
San Rao: that are simply living their lives, get harassed so that you can extract more money from them. And this one extends that practice. 1689
04:21:35.100 --> 04:21:44.509
San Rao: At 11pm tonight, when no one's paying attention, having gone home after just being stupefied over the prior decisions that you guys voted on, we're now seeing
1690
04:21:44.690 --> 04:21:46.120
San Rao: this proposal.
1691
04:21:46.490 --> 04:21:51.540
San Rao: That is really a way to extract revenue from.
1692
04:21:51.540 --> 04:21:54.420
Community Hall: People just trying to afford to live here. 1693
04:21:55.170 --> 04:21:57.039
San Rao: And, and what this is…
1694
04:21:57.170 --> 04:22:16.860
San Rao: is basically outsourcing to a vendor whose address is in Fresno, and who, by the way, is already operational. If you go to the city's website, it says we have already outsourced it. So the first question you should be asking is, why is this now in front of Council if it is already approved and operationalized, as the city's website says? The second question is, why is this vendor in Fresno? 1695
04:22:17.260 --> 04:22:23.859
San Rao: Are we putting the hands of our residents and somebody sitting in Fresno who's going to use this to boost their revenues?
1696
04:22:24.050 --> 04:22:25.820
San Rao: And had our assistance.
1697
04:22:26.340 --> 04:22:35.770
San Rao: The third thing you need to really look into is what is the definition of a business? Is a school PTA, we are full of schools in Cupertino, is a school PTA a business?
1698
04:22:36.090 --> 04:22:38.109
San Rao: Is a volunteer org a business?
1699
04:22:38.220 --> 04:22:40.930
San Rao: Is a cultural community a business?
1700
04:22:41.250 --> 04:22:43.040
San Rao: Is a church a business?
1701
04:22:43.540 --> 04:22:47.499
San Rao: Could a remote worker be a business? And the staff report says they could. 1702
04:22:48.020 --> 04:22:51.250
San Rao: But they say it's impractical. Who is to say it's impractical? 1703
04:22:51.410 --> 04:22:58.649
San Rao: Tomorrow, you could have a council who decides to harass their political opponents by having this vendor go after them.
1704
04:22:59.880 --> 04:23:08.049
San Rao: How would you trace it? There's no way to trace it. We have an overly broad code that allows for the vendor to do as they please. 1705
04:23:08.540 --> 04:23:13.380
San Rao: And this is allowing them a free ring to boost their revenues. 1706
04:23:13.590 --> 04:23:30.419
San Rao: And give the city a back-channel tax increase when you know fully well that you are not going to have the support from restaurants, and instead of calling it a tax increase on the agenda transparently and doing it as the first item when everybody's paying attention, here you are at 11pm.
1707
04:23:31.030 --> 04:23:32.759
San Rao: Really pushing a tax link.
1708
04:23:34.890 --> 04:23:36.050
Community Hall: Thank you, Sam.
1709
04:23:36.260 --> 04:23:37.999
Community Hall: Next, we have Peggy.
1710
04:23:39.900 --> 04:23:44.829
Community Hall: Well, welcome, Peggy, and I'm gonna pull up your slides that you sent me.
1711
04:23:44.830 --> 04:23:45.919
Peggy Griffin: Thank you, Lauren.
1712
04:23:52.420 --> 04:24:01.540
Peggy Griffin: Good evening, council members and staff. I'm gonna go quickly through these slides, because I have more to say. One is, 1713
04:24:01.810 --> 04:24:16.290
Peggy Griffin: I noticed from… from what, Mr. Oroso said is apparently the license… business license fee is not $31.24. I looked at the fee schedule, and apparently it changes, so…
1714
04:24:16.420 --> 04:24:21.089
Peggy Griffin: Nothing was said in the staff report about what… how much money we're talking about.
1715
04:24:21.230 --> 04:24:24.539
Peggy Griffin: Nothing was said about penalties and amounts. 1716
04:24:26.060 --> 04:24:38.919
Peggy Griffin: The definition of a business uses the word business to define it. So I think you really need to flesh out what a business is, and who's… who's involved.
Next slide, please.
1717
04:24:44.450 --> 04:24:46.520
Peggy Griffin: Next page, please.
1718
04:24:48.300 --> 04:25:01.739
Peggy Griffin: Nonprofits, please exempt the nonprofits, the churches, the school booster clubs, the AYSO, the sports clubs, the symphonic… Cupertino Symphonic Band, all these groups
1719
04:25:01.870 --> 04:25:05.129
Peggy Griffin: Have no clue that they're considered a business. 1720
04:25:05.350 --> 04:25:09.209
Peggy Griffin: And I don't think… I think this is outside the scope 1721
04:25:09.310 --> 04:25:15.060
Peggy Griffin: of what you're looking at, and shouldn't be called. You shouldn't even deal with it. Next slide, please.
1722
04:25:16.260 --> 04:25:20.940
Peggy Griffin: A business license amnesty program. When I first read it. 1723
04:25:21.140 --> 04:25:23.760
Peggy Griffin: It reminded me of the weed abatement.
1724
04:25:23.920 --> 04:25:33.909
Peggy Griffin: program, and how people are… notified and penalized without having an opportunity to clear themselves first.
1725
04:25:34.010 --> 04:25:44.350
Peggy Griffin: Option two, I think that people, if they're going to be identified as a business, that they should be discovered, they should be notified so they know 1726
04:25:44.620 --> 04:25:50.190
Peggy Griffin: And then they should have time to apply. And I don't think you should have a penalty.
1727
04:25:50.560 --> 04:25:52.709
Peggy Griffin: Do you want it, like Rhoda said?
1728
04:25:52.830 --> 04:26:01.550
Peggy Griffin: you want people to… you want businesses, and you want to encourage businesses in Cupertino, not keep them from coming to Cupertino. 1729
04:26:01.750 --> 04:26:07.269
Peggy Griffin: And as San Rao said,
1730
04:26:07.620 --> 04:26:16.639
Peggy Griffin: This is late. The staff report, I would have liked to have seen a chart. I didn't realize that the penalties could be thousands of dollars. 1731
04:26:17.050 --> 04:26:18.729
Peggy Griffin: This is serious.
1732
04:26:18.970 --> 04:26:26.360
Peggy Griffin: And people need to know about it, and you need to have more Outreach.
1733
04:26:26.600 --> 04:26:28.829
Peggy Griffin: To get input from these people.
1734
04:26:29.260 --> 04:26:30.870
Peggy Griffin: Thank you.
1735
04:26:33.180 --> 04:26:34.209
Community Hall: Thank you, Peggy.
1736
04:26:35.030 --> 04:26:52.699
Community Hall: Mayor, that concludes the request to speak on this item. Okay, thank you. And I do hope that the members of the Council and the public have, read the Municipal Code regarding the business licenses. This is not a new tax. What it is is a… an existing,
1737
04:26:52.910 --> 04:27:12.060
Community Hall: existing revenue generation with fees that act as a local tax to fund general city services and infrastructure, and the license helped the city monitor businesses to ensure that they meet safety zoning and health regulations.
The… I'm going to move the recommended action just to
1738
04:27:12.280 --> 04:27:26.979
Community Hall: this item to move along. The recommended action is to adopt a phase 60-day business license amnesty program, that's the staff recommendation, consisting of 100% penalty forgiveness during the first 30 days, and… 1739
04:29:44.640 --> 04:29:50.110
Community Hall: Sure, because when Jonathan, said that he's… 1740
04:29:50.130 --> 04:30:01.120
Community Hall: He says we will authorize city manager to make individual changes.
Some people might get a waiver, some people don't. I'm not comfortable with that, unless I know more.
1741
04:30:01.120 --> 04:30:15.489
Community Hall: what that means. I believe what we're doing is authorizing the city manager to be able to do this, because our municipal code does not allow her, as the collector, to… As the collector? Not making this…
1742
04:30:15.490 --> 04:30:30.730
Community Hall: Different decision for different business. Correct. And there, you know, and if there's any outstanding appeals, then… then Council can give me the authority to move those as well, as needed. Okay. Okay. Councilmember Wang, please share your
1743
04:30:30.840 --> 04:30:35.730
Community Hall: information. Yeah, can you put up the slide, Lauren, that's on this overhead, if that's possible?
1744
04:30:36.250 --> 04:30:38.839
Community Hall: Or should I use the O1 out there? I can use the one out there, too. 1745
04:30:39.320 --> 04:30:42.839
Community Hall: This one. Or just give it to her. Or I can just give it to you. 1746
04:30:43.510 --> 04:30:44.770
Community Hall: Alright, I'm gonna do it.
1747
04:30:49.520 --> 04:30:52.900
Community Hall: Just this? Yeah, just a… that's a simple… 1748
04:30:55.920 --> 04:30:58.209
Community Hall: Oh, I could have put up there.
1749
04:31:00.120 --> 04:31:10.600
Community Hall: No, I just want to make sure we're clarified. There's 2x2 grid, which Jonathan already drew, but this is the same 2x2 grid. There's existing out-of-compliance, and there's new.
1750
04:31:10.640 --> 04:31:28.349
Community Hall: Right? I just want to make sure that we're saying that, you know, existing out-of-compliance is number three, whether Cupertino initiated or HDL-initiated, and new is amnesty for Cupertino-initiated and also HDL. I just want to make sure that that's kind of what we're saying. So, it's easier with a grid, that's all. And that's number two. And that's number two. 1751
04:31:29.990 --> 04:31:31.439
Community Hall: Does that seem right?
1752
04:31:31.540 --> 04:31:32.480
Community Hall: Okay.
1753
04:31:33.740 --> 04:31:53.740
Community Hall: Yeah, yeah. Okay, and we're all in agreement, and I think that's… the city manager is now authorized to go collect. I just want to make sure we're all clear. Okay. And, we'll also be providing those FAQs, more of the FAQ information, and that will help so that we don't have
1754
04:31:53.740 --> 04:32:15.700
Community Hall: children with a lemonade stand thinking they need to file for a business license. We have neighbors who are doing crypto mining operations, so I think the kids are a little bit more sophisticated than lemonade. Less than $1,000 there. Fair. Less than a thousand traceable on Bitcoin. Okay. Okay, it's getting late, Vice Mayor? Okay.
1755
04:32:15.700 --> 04:32:22.590
Community Hall: So, regarding nonprofit, I think there was still confusion. The staff report does mention Today's…
1756
04:32:22.890 --> 04:32:33.169
Community Hall: Action does not apply to any nonprofit, and the Munich Code already exempt nonprofits from business tax. And…
1757
04:32:33.310 --> 04:32:40.629
Community Hall: Oh, but then we do want to explore in the future, there is a way for nonprofits to register, so we…
1758
04:32:40.630 --> 04:32:53.699
Community Hall: know who they are, we can reach out to them when necessary, but I… with the $16 a license, I don't want them to go through the HDL portal. I wish there is a way that they can just
1759
04:32:54.350 --> 04:33:05.290
Community Hall: file a Google form, so we collect information. They can check the boxes to say, self-determine that they're exempt. So unless someone complain about 1760
04:33:05.460 --> 04:33:23.690
Community Hall: a specific organization, maybe we just want that database. So I hope that's something we could explore in the future. And the same for microbusiness. I… we don't want to text them, but I think it's good to have that information, so we know they are doing that business.
1761
04:33:23.689 --> 04:33:38.859
Community Hall: We can reach out to them with any city information. They can help connect with each other by registering, so that there will be a directory of all these awesome, amazing businesses that people create, even 1762
04:33:38.869 --> 04:33:56.979
Community Hall: Even when they are just a new startup. And, yeah, I think it's clear. We are… I think another thing that wasn't really mentioned is we are not adding new taxes. However, with the existing tax, the businesses, some businesses, even well-known businesses.
1763
04:33:57.529 --> 04:34:15.800
Community Hall: do not register, or have lapsed in their registration, but some people are following the rule of registering every year. It's not fair for the rule follower to keep playing every year, and then some of those either forgot or choose not to
1764
04:34:15.970 --> 04:34:26.219
Community Hall: register every year, so this is a process to make sure everyone is treated fairly based on existing city code. So, yeah.
1765
04:34:29.630 --> 04:34:39.350
Community Hall: Through the Mayor. Last comment, Councilmember Froon? Just wanted to underscore for everyone that the thing that's in front of us today is the amnesty program and not the
1766
04:34:39.529 --> 04:34:49.480
Community Hall: substance of the ordinance itself, but it, I think what you're hearing from a lot of people is… maybe this is something we really need to spend some time with.
1767
04:34:49.480 --> 04:35:05.870
Community Hall: So I'm grateful that staff are planning on bringing us something back. Just to reiterate it for the public, much of this ordinance dates to 1992, and I think that business realities are quite different right now, so it's important that we modernize it.
1768
04:35:06.750 --> 04:35:19.800
Community Hall: Thank you, to all council members for your feedback, and to members of the public, we've heard some really good questions and feedback coming out of this discussion, and we will be taking those back and building our FAQs, and certainly
1769
04:35:19.939 --> 04:35:23.860
Community Hall: as we clean up the Municode, we'll bring it back to Council. 1770
04:35:24.140 --> 04:35:28.339
Community Hall: Okay, Madam City Clerk, will you please conduct a vote? 1771
04:35:31.040 --> 04:35:35.499
Community Hall: Do… I apologize, do we have a second on the motion? I… Vice Mayor? Okay.
1772
04:35:36.160 --> 04:35:37.210
Community Hall: Sure, second.
1773
04:35:38.140 --> 04:35:42.900
Community Hall: I have more moved in, Chao seconded? Yes. 1774
04:35:43.330 --> 04:35:44.849
Community Hall: Okay, please vote.
1775
04:35:45.050 --> 04:35:45.849
Community Hall: Looks late.
1776
04:35:50.759 --> 04:35:52.780
Community Hall: The motion carries unanimously.
1777
04:35:53.630 --> 04:36:06.849
Community Hall: Wonderful. Okay, thank you everyone for a very productive evening.
Our next City Council meeting, I will mention this again, it is on Thursday, that is Thursday.
1778
04:36:06.849 --> 04:36:25.589
Community Hall: February 19th, 2026, the City facilities will be closed on Monday, February 16th, and Tuesday, February 17th, in observance of President's Day and Lunar New Year. And with that, this meeting is adjourned. 1779
04:36:28.130 --> 04:36:34.230
Community Hall: Yeah.
1780
04:36:34.650 --> 04:36:41.119
Community Hall: There has to be a few of those, yeah.