►
Description
Coverage of the Cupertino City Council Teleconference Meeting, recorded on Tuesday, September 7, 2021. Part 2 of 2.
A
And
continue
with
the
meeting
welcome
back,
we
are
now
on
item
12..
The
subject
is
a
status
report
on
the
valco
town
center
sp
35
development
project.
You
know
this
item
has
been
met
with
a
great
deal
of
interest
from
the
public
and
on
behalf
of
council.
A
I
wanted
everyone
to
know
that
it
is
our
sincere
attempt
and
desire
to
make
sure
that
there
is
transparency
here
that
there's
open
communication,
but
you
know
first
and
foremost
that
there's
the
ability
to
debate
to
deliver
optimal
safety
and
public
health,
and
so
in
that
vein,
we
have
certainly
you
know,
appreciated
the
efforts
of
the
community,
as
well
as
our
staff,
in
addressing
the
the
issues
of
the
current
project
here
so
greg.
A
B
B
Our
presentation
tonight
will
be
to
review
the
staff
report
that
the
council
and
public
have
had
since
the
end
of
last
week
in
four
key
areas:
background
information,
progress
to
date,
challenging
issues
that
remain
and
the
project
extension
issue.
I
then
want
to
present
in
a
little
more
detail
the
supplemental
staff
report
that
was
distributed
earlier
today
in
response
to
questions
received
in
advance
from
the
city
council,
and
then
there
is
some
new
information
that
we
received
in
meetings
today.
B
B
So
the
original
velcro
mall
I've
described
briefly,
it
was
anchored
by
macy's,
sears
and
jc's
penny
and
included
two
automotive
centers
that
are
relevant
to
some
of
the
issues
that
have
emerged.
A
portion
of
the
parcel
through
a
number
of
years
was
divested
to
the
hyatt
house,
hotel
and
unused
parking
lot
and
other
uses.
B
Since
then,
it
has
gone
through
an
interesting
history.
Since
2014
2015.
B
B
However,
sp
35
waived
sequa
for
projects
that
met
its
conditions
and,
in
fact
it
set
a
very
strict
streamlining
deadline
of
a
maximum
of
180
days
for
ministerial
review
to
be
concluded
to
determine
if
a
project
will
be
approved
or
not
using
only
objective
standards.
So
none
of
the
judgments
that
communities
and
councils
and
county
boards
of
supervisors
has
historically
made
for
most
development
projects
to
meet
the
best
needs
of
their
community.
B
That
project
was
submitted
in
march
27
to
18
and
was
approved
by
the
then
acting
city
manager
on
september
21st
2018
within
right
at
180
day
deadline
of
approval,
as
specified
by
the
state
under
the
approved
project.
The
valco
project
will
consist
of
up
to
2
402
residential
units,
half
of
them
affordable
up
to
486,
000
square
feet
of
retail
and
up
to
101
million
981
000
square
feet
of
office,
and
while
this
project
was
approved
under
states,
sb
35
is
somewhat
ironic
in
that
using
some
of
valco's
own
estimates.
B
It's
anticipated
that
this
project
will
create
8
700
new
jobs,
which
far
exceeds
the
new
housing
being
provided
in
sight.
So,
even
though
sp
35
was
intended
by
the
state
as
a
means
to
attacking
and
dealing
with
the
state's
housing
crisis,
this
first
for
this
project,
one
of
the
first
approved
under
sp
35,
actually
exacerbates
the
housing
crisis
here
in
silicon
valley.
B
Second,
the
fire
station
location
has
been
identified
and
both
of
these
first
two
issues
are
critical,
because
the
city
does
still
retain
authority
and
responsibility
for
ensuring
and
preserving
public
health
and
safety
for
the
residents
of
cupertino
and
as
the
fire
department
identified,
alco
was
a
city
in
a
city
and
having
a
fire
station
was
absolutely
necessary
to
meeting
the
health
and
safety
needs
not
just
for
workers
and
visitors
and
residents
on
balco,
but
for
the
broader
community.
So
there
aren't
impacted
response
times
due
to
that
development.
B
Fortunately,
the
property
owner
and
the
fire
department
have
reached
a
group
agreement
on
a
fire
station
location
and
are
proceeding
to
prepare
the
documents
that,
ultimately,
the
county
board
of
supervisors
will
have
to
approve.
Your
city
has
been
processing
diligently.
The
building
permit
applications
that
have
been
coming
forward
from
the
project
two
have
already
been
approved,
although
one
of
them
is
on
hold.
Given
the
department
of
environmental
health
review
of
toxics
on
the
site,
we
have
three
other
building
permits.
That
staff
has
submitted
comments
to
the
project
owner
that
they've
responded
to.
B
So
that's
significant
progress
that
has
been
moving
ahead.
Let's
move
to
some
of
the
challenging
issues
that
remain
first,
the
green
roof,
which
was
a
highlight
of
the
original
project
submittal
and
approval
and
has
been
discussed
extensively,
has
many
ramifications
for
this
project
going
ahead.
It
is
so
massive
and
so
high
that.
E
B
Creates
unique
issues
that
the
city
has
never
addressed
before
it
has
a
park
land
space,
both
private
and
excessive,
publicly
accessible
space
determinations
that
are
important
and
that
also
impact
impact
fees.
It
has
storm
water
and
runoff,
and
drainage
and
water
demand
issues
that
need
to
be
addressed
and
understood,
and
it
even
has
structural
considerations
are
the
footings
and
the
structural
support
for
the
green
roof
being
planned
in
a
way
that
the
city
can
be
assured
of
its
health
and
safety
obligations.
B
To
address
those
issues.
The
city
has
requested
of
the
project
applicant
in
all
hands
meetings
so
that
we
can
address
all
these
issues
to
further
our
understanding
of
the
green
roof,
since
it
not
only
covers
virtually
all
of
the
project
but
impacts
virtually
all
of
the
project
and
will
be
a
very
significant
issue
for
our
community
and
is
one
that
we
need
to
understand
more
to
be
able
to
quickly
and
effectively
and
efficiently
process.
This
proposal,
we
also
have
learned
of
potential
project
modifications
that
have
to
be
addressed
within
the
context
of
sb
35.
B
Your
staff,
on
behalf
of
any
project
that
comes
forward,
ensures
that
it's,
in
conformance
with
the
council
or
other
regulatory
approved
project
that
was
originally
approved.
We
have
identified
some
issues
that
were
in
discussion
with
the
property
owners
and
we
suspect
there
may
be
many
more
that
require
a
project
modifications
process
that
lives
up
to
the
letter
and
intent
of
sp
35,
without
depriving
the
community
of
its
obligation
to
meet
health
and
safety
needs
and
considerations,
and
last
there
are
impact
fees.
B
The
applicant
believes
they
own
far
less
to
that
than
that
and
those
discussions
and
trying
to
understand
each
other's
perspective
are
underway.
However,
any
fee
waivers
beneath
what
the
municipal
code
and
city
practice
requires
would
have
to
come
to
the
city
council
for
review
and
approval
in
public
session,
so
those
will
be
three
challenging
issues.
B
B
B
Also
provides
that
there
can
be
a
one-year
extension
with
substantial
progress
on
the
project,
as
indicated
in
the
staff
report,
both
valco
and
more
recently,
the
state,
housing
and
community
development
department
disagree
with
the
city's
analysis
of
what
sp
35
requires
in
terms
of
a
three-year
clock
on
the
project,
and
our
city
attorney
can
speak
more
to
that
issue
later.
If
you
wish,
however,
I
believe
we
do
have
resolution
that
any
extension
decision
will
be
by
the
city
manager
as
the
original
project
approval
was
done
by
the
interim
city
manager
at
that
time.
B
B
So
if
we
could
go
to
the
supplemental
staff
report,
I've
categorized
my
responses
to
numerous
questions
into
three
broad
categories:
just
to
hasten
the
my
staff
time
and
turn
it
over
to
council
and
public
discourse
as
quickly
as
possible.
B
The
three
are
organization,
the
soils,
investigation
and
remediation
work
and
then
prior
and
pending
approvals,
next
slide,
please
clerk
so
organizational
source
and
preparation
of
the
status
report.
This
is
what
was
covered
in
the
first
couple
of
questions
and
actually
one
or
two
later
on.
In
today's
supplemental
staff
report,
city
council
members
had
raised
concerns
about
a
need
for
there
to
be
improved
public
information
regarding
the
velcro
project,
particularly
given
the
well-known
september
21st
three-year
deadline
that
sb
35
imposed
on
this
project.
B
B
Your
next
regularly
scheduled
council
meeting,
so
I
recommended
to
the
mayor-
and
he
approved
that
we
placed
this
item
on
tonight's
agenda
and
I
do
want
to
apologize
that
the
original
staff
report
did
not
go
out
in
the
agenda
packet
and
that
today's
supplemental
report
went
out
later
than
I'd
hoped,
I
hope
to
me
to
get
it
out
by
12
noon
and
we
missed
that
by
a
couple
hours
and
that
there's
even
more
new
information
that
just
arose
this
afternoon.
That
I'll
be
sharing
with
you
shortly.
B
Who
reviewed
and
drafted
the
staff
report,
as
identified
in
the
supplemental,
I
requested,
both
outside
consultants
and
council,
to
prepare
the
first
draft
of
the
report
which
they
did
with
assistance
from
city
staff
over
the
past
month?
The
attachment
was
then
subsequently
headed
by
staff
from
both
public
works
and
community
development,
as
well
as
by
the
city
attorney
and
myself.
B
The
summary
report,
as
I
indicated
earlier,
however,
after
I
did
my
final
edits
on
the
attachment,
I
just
couldn't
send
that
forward
as
as
the
document
that
everybody
would
be
expected
to
memorize
and
be
prepared
with.
So
I
took
wednesday
night
most
of
the
night
to
draft
a
summary
of
that
in
multiple
iterations
to
try
to
condense
it
down
to
the
core
issues
that
I'm
presenting
to
you.
That
draft
that
I
prepared
was
then
reviewed
by
and
edited
by,
staff
from
community
development
and
public
works,
as
well
as
the
city
attorney.
B
I
did
also
want
to
clarify,
in
response
to
one
question
received
from
council,
that,
to
the
extent
any
legal
opinions
were
included
in
the
staff
report,
I
am
not
an
attorney.
I
don't
profess
to
be
attorney
in
ninth
grade,
I
chose
a
career
path
of
city
management
operating
an
attorney
and
I've
stuck
with
that
for
well
or
before.
B
Good
question:
why
was
information
on
the
september
21st
20
extension
deadline
included?
We
believed
it
was
necessary
to
be
fully
transparent.
This
council,
in
all
of
their
discussions
publicly
and
privately
with
me,
have
embraced
the
concept
of
public
transparency
on
most
issues
before
the
city
as
were
allowed
by
law,
and
we
thought
it
was
important
to
present
where
we
were
on
the
extension
decision,
even
though
that
decision
tonight
is
premature
because
we
don't
even
have
the
extension
request
yet,
but
this
was
our
last
chance
to
present
the
information
to
the
public.
B
There
was
specific
questions
raised
about
two
websites
and
information
on
this
project.
One
was
the
county
officer
website
map
a
constituent
had
an
inquiry
that
was
forwarded
to
us
by
a
council
member,
and
the
concern
was
that
the
maps
on
the
county
accessory
website
were
incorrect
and
they're.
Not
they
just
serve
a
different
purpose.
Those
maps
are
solely
for
taxation
purposes,
relying
on
parcel
number
determinations
for
that
purpose
and
easement
information,
then
title
records
and
come
from
title
record
research
and
reviews.
However,
the
city's
velco
website
does
indeed
have
some
incorrect
information
on
it.
B
As
documented
in
the
staff
report,
there
has
been
information
that
was
put
on
the
website
some
time
ago,
and
staff
has
been
reluctant
to
make
changes
to
prior
postings,
because
there
was
concern
about
being
viewed
as
tampering
with
information
that
had
previously
been
posted.
I
would
encourage,
will
do
it,
whether
directed
or
not,
unless
the
council
disagrees.
B
B
A
question
was
raised
about
the
recommended
council
action
and
I
just
used
language
from
another
jurisdiction
which
was
to
accept
the
council
report.
We
were
not
recommending
any
specific
council
action
tonight.
In
fact,
given
nothing
is
before
you.
Otherwise
no
action
is
required,
except
was
really
just
to
receive
the
report.
The
council
could
choose
any
other
word.
B
They
find
appropriate,
be
acknowledged
or
receive,
or
simply
not
to
take
any
action
at
the
end
of
this
council's
discussion,
that's
up
to
the
council
to
decide
not
your
staff,
but
I
just
wanted
to
be
clear
why
we
chose
that
word.
So
that
concludes
the
organizational
issues
that
were
in
the
supplemental
report
today.
Next
slide.
B
However,
you
can
read
it
in
detail
on
the
geotracker
website
and
what
is
this
is
information
that
comes
from
the
property
owner's
own
research
by
their
consultants,
that
they've
uploaded
to
the
geotracker
website
that
the
county
department
of
environmental
health
is
using
as
one
of
many
documents
to
assess
what
further
investigations
may
be
needed
on
site
to
determine
what
remediation
or
other
actions
may
be
required
to
protect
public
health
and
safety.
B
The
automobile
center
that
was
previously
on
this
side
of
the
property,
it
also
shows
more
contaminants
types
of
contaminants
than
we
knew
existed
on
the
site
and
possibly
most
significant.
It
shows
that
at
least
one
of
the
contaminants
is
significantly
over
the
residential
threshold
of
what's
allowed
for
that
contaminant
on
the
site.
B
So
I
mentioned
earlier
that,
while
we
were
pleased
with
the
progress
made
that,
after
several
years
of
apparent
inaction
on
dealing
with
the
soils,
contamination
that
the
property
owner
had
entered
into
a
voluntary
agreement
with
the
county
department
of
environmental
health
to
start
what
is
now
a
mandated
and
regulated
soils
cleanup
process
that
looks
like
it's
going
to
be
more
extensive
work
than
we
had
thought
when
that
project
was
first
launched
earlier
this
year.
B
B
Prior
impending
approvals,
as
documented
in
several
different
questions
throughout
today's
supplemental,
it
is
your
staffs
and
attorneys
interpretation
and
understanding
that
the
council's
approval
back
in
2018
cannot
be
reversed
or
rescinded,
and
just
stating
that
directly.
So
there's
no
question
and
the
extension
request,
as
I've
mentioned
previously,
has
not
yet
been
reserved.
B
B
Additional
new
information,
we
had
the
opportunity
to
meet
with
county
fire
today
just
to
check
in
on
the
progress
of
the
project
from
their
perception,
and
they
actually
reported
to
us
that,
after
reading
the
staff
report,
they
did
have
a
couple
minor
suggestions
to
it.
For
example,
right
now
they're
thinking
it's
only
going
to
be
two
bays
that
they
need
not
three
for
that
fire
station
and
while
they
want
the
fire
station
to
accommodate
four
personnel
on
site,
their
current
standard
throughout
the
county.
B
Fire
department
system
is
only
three
personnel,
so
it
was
minor
changes
like
that
that
the
fire
department
raised
to
us
that
we'll
certainly
incorporate
in
future
analysis
and
discussions.
We
also
had
a
meeting
with
county
environmental
health
today
that
I
was
able
to
join
a
portion
of,
and
probably
the
most
significant
new
information
is
that
county
environmental
health
made
it
clear
that
their
current
regulatory
oversight
just
supplies
to
the
entirety
of
the
left
side
of
the
project
on
the
west
side
of
wolf
road.
B
The
east
side
would
go
through
the
same
process
of
the
project
owner
entering
into
a
voluntary
agreement.
If
there
is
any
prior
documentation
of
contaminants
or
soil
contaminants
or
potential
contaminants
on
site,
but
that
process
has
not
yet
been
initiated,
so
I
did
want
to
provide
that
clarification.
B
So
that
range
of
estimates
and
really
got
no
estimation
of
the
timeline
forward
other
than
that
the
document
review
will
likely
take
four
to
six
weeks
and
then
they'll
likely
be
more
investigation
required.
So
that
was
the
substance
of
today's
meeting
with
county
environmental
health.
I
also
wanted
to
share
with
you
that
there
are
amendments
to
sb
35
that
are
working
their
way
through
the
legislative
and
gubernatorial
process,
and
some
of
these
amendments
would
have
a
direct
impact
potentially
on
the
valco
project.
B
If
they
are
ultimately
implemented,
it
would
extend
the
three-year
approval
to
may
2023,
basically
overcoming
what
we
believe
is
a
current
statute
limitation
that
has
the
project
approval
expires
september
21st.
It
would
expand
the
definition
of
progress
to
not
just
be
vertical
construction,
but
demolition
and
other
permitting
activity.
B
It
would
allow
greater
timelines
for
modicus
modifications
to
be
considered,
but
also
to
specify
the
maximum
timelines
or
modifications,
and
it
would
limit
further
review
to
the
prior
objective
standards,
not
new
objective
standards,
and
these
are
high
level
summaries,
just
in
bullet
points
of
what
was
seen
in
that
legislation
that
could
impact
the
valco
project.
But
we
have
already
been
in
touch
with
your
legislative
review
committee.
B
I
believe
it's
for
10
30
on
monday
and
we'll
have
a
more
in-depth
analysis
from
our
legislative
consultant
on
both
the
legislative
history
of
this
bill
in
terms
of
supporters
prior
public
comment
and
any
changes
made
to
it
over
the
life
of
the
legislation,
as
well
as
to
actions
going
forward,
and
that
will
all
be
subject
to
your
committee's
decision
next
slide.
Please.
B
That
concludes
staff
report.
We've
covered
a
lot
in
a
short
period
of
time,
but
we
did
want
to
make
sure
the
public
was
aware
of
the
new
information
we
provided
council
today
and
many
on
your
staff
remain
available
to
answer
any
of
your
questions,
because
I
am
not
the
technical
expert
on
this
in
any
way
shape
or
form.
A
Excellent,
thank
you
very
much
and
I'll
go
with
hands
to
ask
any
questions
of
gregor's
staff.
With
regard
to
this
update,
and
you
know
before
I
call
any
hands
you
know
I
do
want
to.
I
do
want
to
say
that
you
know
out
of
all
these
these
bills.
A
I
think
that
is
something
that's
very
clearly
within
the
obligation
of
the
local
authority,
and
I
I
think
it's
unfortunate
that
we
would
be
in
a
situation
where
it
would
be
potentially
questioned,
but
as
a
result
of
a
lot
of
good
work
here
we
do
have
the
ability
to
assess
the
fact
that
there
are
significant
contaminant
levels,
toxic
contaminant
levels
on
the
site,
and
you
can
read
it
in
the
in
the
more
detailed
report
accompanying
the
staff
report.
A
There
was,
you
know,
clearly
an
attempt
to
self
regulated
cleanup
of
other
contaminant
levels
before
the
currently
known
contaminant
levels
were
were
known,
and
so
you
know
this
is
an
ongoing
process.
I
appreciate
the
city
manager
as
well
as
staff
working
with
us
and
making
sure
that
this
is
transparent.
A
I
think
at
this
point
it's
it's
very
clear
that
we
need
to
be
very
careful
with
regard
to
the
fact
that
there
are
elements
of
this
project
that
are
unprecedented,
not
only
the
entitlement
process,
but
with
regard
to
the
structure
with
regard
to
you
know
various
public
safety
features,
and
so
you
know
I
want
to
assure
everyone
that
this
is
not
something
that
any
of
us
are
taking
lightly,
and
I
don't
think
that
we
should
be
pushed
or
bullied
into
trying
to
accelerate
a
process
that
clearly
is
designed
to
not
just
promote
the
public
safety
and
welfare,
but
also
to
optimize
the
potential
success
of
the
project
itself.
A
So
you
know
I
don't
see
any
hands
raised
from
council.
I
I
think
that
it
is
a
good
idea
to
allocate
a
good
amount
of
time
for
public
comment.
It's
been
a
while,
since
we've
had
the
ability
to
hear
from
the
public
on
this.
I
think
this
is
a
good
checking
in
point
a
council
member
moore.
You
do
have
your
hand
raised,
and
so
I
will
look
for
floor
to
you
for
questions
of
our
city,
manager
and
staff.
F
Okay,
thank
you
mayor
paul,
so
I'm
curious
about
the
the
mentioning
of
the
2016
date
and
what
was
what
was
revealed
at
that
time
and
it
sounded
as
though
the
developer
had
information
that
wasn't
shared.
So
I'd
like
to
hear
a
little
bit
more
about
that
to
begin
with,
and
then
I
I'd
like
to
actually
understand
the
timeline
of
of
how
we
are
at
this
point
with
the
the
developer
in
april,
requesting
regulatory
oversight-
and
you
know
how
did
we
get
to
this
place?.
B
Thank
you
mayor
the
2016
date
I'll
have
to
get
back
to
the
mayor
and
council
on
the
specific
source
of
that,
but
that
was
the
earliest
date.
B
I've
been
informed
that
there
had
been
any
documentation
whatsoever
on
potential
contaminants
on
site,
not
that
it
was
reflected
in
the
project,
application
of
2018
and
I'm
not
sure
when
those
documents
first
came
forward,
but
we
would
be
willing
to
prepare
a
timeline
on
the
city's
judgments
of
toxic
issues
on
the
site,
and
I
think
the
mayor
or
council
can
speak
better
to
the
raising
of
the
remediation
issues
earlier
this
year.
A
A
You
know,
certainly
council
staff,
the
applicant
to
make
sure
that
this
is
a
site
that
adheres
to
all
requirements
for
contamination
cleanup
and
making
sure
that
any
you
know
toxic
materials
that
that
harm
the
public
safety
are
just
not
there,
and
you
know
the
fact
of
the
matter
is
you
know,
particular
people
on
council
get
get
attacked
for
what
they
do
without
really
a
fair
step
back
and
the
ability
to
take
a
look
at
what
it
is
in
the
process
that
that
questioning
and
that
that
pushing
you
know
in
effect
does-
and
I
think,
a
member
of
the
public-
you
know
spoke
very
eloquently
about
it
earlier.
A
You
know
and
thank
councilmember
moore
for
the
last
item
and
being
very
assiduous
about
looking
at
you
know,
particular
features
of
maps
and
reading
the
fine
print
so
to
speak,
and
that
exact
kind
of
approach
and
and
work
has
led
to
the
fact
that
we
have
a
regulated
cleanup
going
on
right
now
and
and
an
ongoing
process
of
testing
the
soil.
That
simply
was
not
there
previously,
and
you
know
the
results
speak
for
themselves.
You
know
the
pce
levels
on
a
particular
area
right
now.
A
I
believe-
and
please
correct
me
if
I'm
wrong
on
this
staff,
we're
getting
numbers
that
are
apparently
more
than
300
times
over
the
threshold
of
residential.
You
know
levels
that
that
are
acceptable.
So
you
know
these
are
not.
These
are
not
minimal
increases
over
threshold
levels,
so
it's
an
ongoing
process,
and
so
you
know
I
I
think
that
we
should
really
be
looking
to
try
to
not
you.
A
Not
to
erode
each
other
or
or
tear
each
other
down,
but
realize
that
there
are,
you
know,
particular
roles
in
the
process.
So,
for
example,
when
we're
pointing
out
look,
you
know
if,
if
there's,
if
there's
a
lot
more
need
for
housing
created
than
housing,
that's
actually
created,
then
it
is
it's
a
legitimate
point
to
say
and
it's
a
point
that's
been
made
since
the
very
beginning
it
doesn't
warrant
attack.
I
don't
think
it
warrants.
You
know
these
prolonged
kinds
of
you
know
lobbying
efforts.
A
Consolidation
of
you
know
all
sorts
of
you
know
retuperation
from
many
sectors
that
at
the
end
of
the
day,
you
know
we're
all
working
together
to
try
to
address
issues
and
crises
and
just
very
various
problems
that
we
have.
So
you
know
in
order
to
make
this
a
successful
overall
endeavor
we
have
to
work
with
agencies
that
are
looking
at
issues
like
you
know:
contamination,
fire,
safety,
accessibility,
transit,
congestion
and
and.
A
You
know,
I
don't
think
it
needs
to
be
reduced
to
you,
know
sound
bites
and
and
essentially
mudslinging.
I've
got
a
couple
of
other
hands
raised
here,
one
from
vice
mayor
chow
and
council
member
willie.
Vice
mayor
chow,.
A
And
you'll
you'll
need
to
undo
your
mic
as
well.
H
Okay,
so
I
think
this
is
something
some
member
of
the
public
ask.
City
manager
addressed
it
a
little
bit,
but
I
hope
to
get
more
detailed
answer
because
everyone
will
be
asking
about
this.
H
So
the
180
day,
approval
report
of
sb
35
has
this
statement
that
the
applicant
or
property
owner
is
responsible
to
verify
all
protein
and
property
data,
including,
but
not
limited
to
property,
boundary
locations,
building
setbacks,
property,
size,
building
square
footage,
any
relevant,
easements
and
or
construction
records.
H
B
My
understanding
is
that
there
were
either
not
sufficient
to
warrant
reversal
of
the
prior
approval
or
that
the
timeline,
since
those
errors
were
discovered,
have
that
was
so
far
back
that
there's
not
time
now
for
the
city
to
correct
them.
This
late
after
the
fact,
for
example,
there
was
an
approval
in
2018
and
it
was
based
on
information
that
was
apparent
to
the
jurisdiction
and
not
acted
upon
shortly
after
that
approval.
It
may
be
too
late
now
to
go
back
and
adopt
it,
but
we
could
certainly
turn
for
legal
advice
to
the
council.
I
Yeah,
so
so
thank
you
greg,
so
so
I
I'll
answer
this
question
slightly
differently.
I
mean
this
this
this
quite
so
I
mean
this
condition
reflects
you
know
a
process
of
of
of
project
review
and
plan
check.
You
know
by
which
the
the
the
you
know,
the
applicant
provides
the
city,
information
and
city
staff
in
different
departments,
including
cdd
public
works,
review
that
information
and
and
confirm
that
the
project
that's
being
designed
confirms
to
the
approved
project.
I
An
example
of
this
is,
is
you
know,
a
discussion
of
building
setbacks
that
we
are
having
in
the
connection
of
the
foundation,
permit
building
permit
application
for
the
foundation
of
part
of
the
project,
and
it's
it
it's
it's
not
that
we
have
discovered
an
error
there.
It's
because
we
have
asked
for
more
information
to
confirm
that
the
the
applicant
is
building
the
project
as
proposed
and
if
they're,
not
as
greg
alluded
to
in
his
presentation.
I
Their
remedy
is
to
seek
a
a
project
modification
if
they
wish
to
go
forward
with
the
construction,
so
so
so
so
so
that
that
that's,
that's,
that's
the
process
that's
being
used,
and
I
think
it's
the
standard
process
for
this
kind
of
project.
H
Then
why
is
this
statement
even
there
in
the
approval
report?
If
it
says
this
misstatement,
is
there
it's
there
for
a
purpose?
So
if
three
years
is
too
late,
then
when
is
not
too
late
for
this
statement
to
be
applicable
to
a
project.
G
I
I
Right,
I
understand
that
you
know
I'm
not
sure
that
that
that's
property
data.
H
And
any
relevant
easement.
I
think
there
was
some
issue
with
eastman
too
anyway.
This
is
something
I
have
to
ask,
because
people
want
to
know
the
next
one
is
regarding
the
extension,
and
I
think
the
government
costs
that
at
least
the
code
now
they
are
changing
it
by
day
that
I
don't
know.
This
is
how
democracy
works
in
california.
H
So
I
went
through
the
staff
report
that
I
will
go
through
later
in
more
detail.
A
more
detailed
question,
but
for
everything
that's
listed
in
the
staff
report
appears
to
be
worked
done
by
our
city
staff,
not
by
the
project
applicant
from
the
fire
station
from
the
clean
up
from
since
every
one
of
those
items
are
things
the
city
staff
push
them
to
get
done,
maybe
I'm
getting
not
getting
the
full
picture,
but
my
perspective
based
on
the
information
I
have
so
far.
I
got
this
idea.
They
say.
H
Anything
until
january,
2021,
even
then,
is
now
complete,
but
the
staff
issued
permit
with
the
condition
cleanup
is
done.
So
basically,
there
are
a
lot
of
profits
done
not
by
them
by
the
city
staff.
So
why
do
we
consider?
There
is
significant
progress
to
board
construction?
Then
my
question
would
be
what
would
be
the
timeline
of
the
project?
H
B
H
Yes,
the
main
thing
is
what
significant
program
was
was
made
by
the
project
applicant
to
get
the
development
construction
ready.
I'd
like
to
know,
because
I
understand
the
repairs
return
by
step,
probably
is
perspective
from
cities
that
things
are
done
by
them.
Maybe
there
are
a
lot
of
things
done
by
the
applicant,
but
I
don't
know,
and
then
at
least
it's
the
staffing
time
and
legal
fee,
are
we
getting
reimbursed
for
any
of
the
extra
time
we
spent
trying
to
make
progress.
B
I
do
know
that
we
are
awaiting
the
property
owners
application
for
extension,
and
we
would
expect
them
to
provide
justification
of
why
they
feel
they've
made
substantial
progress
on
the
project
and
our
determination
will
be
made
based
on
their
submittal
and
that's
when
we
would
be
in
a
better
position,
but
just
using
the
language
that
was
provided
in
the
slide
provided
to
the
vice
mayor
and
shared.
While
this
may
be
new
information
from
later
and
what,
if
I
appeared
at
that
time,
this
property
owner
has
filed
for
five
building
permit
applications.
A
H
When
those
are
pretty
big
yeah,
thank
you.
No,
that.
B
H
A
Thanks
vice
mayor,
I'm
tracking
time
here
to
make
sure
that
we
don't
overly
extend
so
I'm
gonna
call
on
council
member
willie,
followed
by
councilmember
moore.
J
Yeah,
okay,
thank
you,
city
manager.
You
know
I.
I
truly
believe
this
is
a
long
overdue
update.
I
mean
we're
going
into
three
years.
I
would
have
expected
six
month
updates
and
then
they
could
have
been
much
smaller
and
and
getting
the
community
up
to
speed
on
where
things
are,
can
we
quick
jump
back
to
your
map
that
showed
the
contaminants,
the
one
you
said
you
don't
expect
anybody
to
be
able
to
read
it,
but
that
they
can
find
it
on
the
geo
tracker.
J
So
you
know
this
in
a
huge
way
is
new
information
that
on
the
city
council,
this
is
a
ministerial
approval,
we're
not
part
of
the
the
process
and
we're
not
allowed
to
interfere
with
it,
and
I
believe
we've
adhered
to
that
due
to
the
letter
of
the
law.
So
here
I
see
this
and
wow
now.
The
question
that
I
have
on
this
is
that
the
east
side
area
with
jc
penney's,
I'm
not
seeing
any
any
indicators.
J
J
J
J
I
think
the
city
needs
to
make
sure
that
they
do
an
investigation
of
the
affected
residential
areas
for
what
has
already
transpired
going
forward.
There
can't
be
any
excuse
for
for
shoddy
workmanship
or
or
hiding
fee
we're
here
to
make
sure
the
residents
of
our
community
are
safe
and
protected,
and
so
I'm
I'm
kind
of
shocked
tonight.
I
really
am.
I
think
there
needs
to
be
an
investigation
to
to
identify
all
the
affected
people
and
let
them
know
that
they
conceivably
need
to
be
notified
about
what
they've
been
exposed
to
and
going
forward.
J
So
I'll
leave
my
my
comments
at
this
point
to
that
for
people
that
have
had
family
members
neighbors
that
have
succumbed
to
to
cancers
and
things
of
that
nature.
Health
is
not
something
we
sacrifice
so
so.
Thank.
A
F
I
mayor
paul,
it
is.
It
is
okay
if,
if
the
interim
city
manager
would
like
to
answer
something
that
john
councilmember
willis
stated,
I
I'd
be
interested
to
hear
it
myself,
but
it's
your
prerogative.
A
Okay,
well
since
you're
since
you're
you're
in
control
of
the
floor,
I'll
move
it
over
to
an
inquiry
to
greg.
Did
you
want
to
speak
to
anything
that
no,
I
see
you
shaking,
but
I
can't
hear
okay,
I
I
can't
actually
hear
what
you're
saying,
although
I
can
sort
of
try
to
read
lips,
but
let
me
go
back
to.
A
B
B
I
believe
justin
this
month
and
I
was
not
made
aware
of
it
until
last
week
and
we're
providing
it
to
you
at
nearly
the
earliest
opportunity
we
could
so.
I
did
want
to
be
clear
on
that
information
not
being
in
any
way
hidden.
I
think
we're
trying
to
do
the
exact
opposite,
and
I
just
wanted
to
clarify
that
to
the
council
of
public
great.
Thank
you.
A
Greg:
okay.
F
Okay,
thank
you.
I
just
wanted
to
reply
back
on
some
of
the
questions
that
the
vice
mayor
had
and
that
to
to
my
knowledge,
staff
did
no
review
on
the
square
footage
prior
to
the
approval
they
received.
F
The
final
plan
packet
around
september
19th
and
their
it's
260
pages
long,
and
it
was,
in
my
estimation,
barely
enough
time
for
them
to
stamp
each
page,
approved
and
and
finalize
it
so
there
when,
when
I
reviewed
it,
I
found
several
issues
with
the
square
footage,
but
you
have
to
understand
that
the
project
when
it
originally
was
submitted,
the
way
square
footage
was
being
calculated
was,
was
a
simple.
F
What's
the
area
of
each
floor
and
adding
it
up
now,
after
the
first
submittal,
they
provided
supplemental
information
june
1st
of
2018
doing
the
counting
that
way
and
then
june
19th
they
had
a
secondary
submittal.
Where
someone-
I
I
don't
know
who
corrected
their
methodology
so
that
they
needed
to
double
count
any
floor
to
ceiling
at
ground
level.
That
was
over
20
feet
and
then
for
upper
level
fours.
They
need
to
double
count
anything
over
15
feet.
F
So
the
while
we're
hearing
these
totals
the
4
000,
I
mean
485
000
square
feet
for
retail
the
actual
floor
level
for
retail
is
400
000
square
feet,
so
it
work.
What
you're
hearing
is
the
addition
of
a
an
imaginary
plane,
15
feet
above
the
floor
or
20
feet
above
the
floor
if
it's
on
the
ground
level
being
added
to
so
it's
kind
of
an
odd
calculation
that
was
made,
and
you
have
still.
F
You
know
essentially
hold
the
developer
to
to
make
sure
that,
because
they're,
using
this
double
counting
method
that
it
that
the
the
totals
end
up
correct
in
the
end,
so
when
we
were
seeing
this
this
sheet
of
showing
the
contamination
across
the
site,
now
that
is
from
july
30th
and
it
was,
and
it
was
posted
about
a
month
after
they
received
the
report.
There
was
also
another
additional
report
around
the
the
pesticides.
F
However,
there
was
a
whole
separate
issue
so
going
back
to
2016
when
the
developer
received
their
geosphere
report,
which
they
had
apparently
contracted
for
that
had
only
eight
soil
borings
and
it
was
measured.
It
was
selected
to
see
how
it
compared
to
the
treasure
island
import
requirements
to
export
to
the
soil,
because
on
this
site,
there's
a
huge
amount
of
export
like
almost
2
million
cubic
yards.
F
We're
talking,
thousands
of
truck
trips
of
soil
needs
to
be
hauled
out
of
here,
so
they
were
looking
at
treasure
island.
None
of
the
none
of
the
soil
borings
met
the
treasure
island
import
criteria,
and
in
that
report
there
was
a
reading
of
0.523.
F
Milligrams
per
kilogram
of
pcbs
and
which
is
over
the
0.23
screening
level
and
later
on
after
they
received
their
2018
approval,
they
started
doing
soil
borings
in
october
of
2018
and
then
again
in
january,
and
subsequently
more
after
that,
but
it
was
discovered
that
the
pcb
levels
there
was
a
reading
of
1.9,
which
is
far
over
the
0.23
and
that
so
there,
the
map
that
we're
seeing
doesn't
show
the
pcbs,
there's
also
potentially
some
issue
with
chromium
that
there
was
mentioned
that
a
secondary
report
was
going
to
be
executed
in
in
2016
by
geosphere.
F
We
haven't
yet
seen
that
I
would
like
to
see
it.
Council
member
willie
mentions
this.
The
the
jcpenney
site
what's
interesting,
there
is
that
next
door
to
that
site,
1933
valco
parkway
has
a
deed,
restricted,
a
deed
restriction
on
it
not
to
have
residential
daycares
hospital
and
some
some
other
things
and
that's
available
on
geotracker.
If
you
want
to
look
up
that
address,
so
I
have
some
concern
if
there
was
anything
migrating
from
that
property.
Also,
the
jcpenney
auto
center
was
essentially
closed,
but
it
hadn't
been
removed
and
cleaned.
A
L
Thank
you,
mayor
paul.
I
I
have
a
couple
this
question
here,
so
I
have
a
couple
questions
for
maybe
internal
city
manager
brett
can
answer.
The
first
is
really
appreciate
your
you
know,
presentation
and
on
the
organization
chart.
It
is
mentioned
that
the
city
valpo
website
information
needs
to
be
updated
and
that's
really
appreciated.
L
But
my
question
is:
when
we
update
the
information,
I
believe
the
history
of
valco
needs
to
be
preserved.
If
the
information
is
correct,
so
I'm
just
curious.
What
is
the
update
procedure?
If
somebody
wants
to
find
a
history,
do
they
have
to
go
back
to
a
certain,
or
is
it
still
going
to
be
easy
to
find
or
they
have
to
dig
something
out?
That's
my
question
on
the
city
welcome
website
information
update
and,
I
believe,
update
is
necessary.
The
second
to
add
to
council,
member
moore
and
council
member
john
willis
comments
on
contamination.
L
My
question
is:
according
to
the
staff
and
the
city
managers
experience.
Can
the
public
and
the
city
council
trust
the
county
environment
health
procedures
if
we
can
trust
their
procedures
now
their
site
is
in
their
hands
and
they
are,
you
know,
doing
investigation
further
inspect
investigation.
So
my
question
is:
is
that
enough
for
us
to
place
our
trust
into
the
county's
environmental
health
issues
to
protect
the
public
health?
And
my
third
question
is
really
about
actually
because
of
the
new
information
that
you
just
revealed
on
the
legislature
just
being
passed
this
morning?
L
Maybe
this
question
is
invalid,
but
I
think
the
public
should
know
and
maybe
want
an
assessment
from
our
senior
attorney
about
the
legal
risk
facing
our
city.
Our
if
I
know
you
know,
interestingly
managed
greg
said
it's
too
early
to
consider
whether
the
city
manager
or
staff
would
is
gonna.
You
know
grant
that
one
year
extension
because
the
applicant
hasn't
even
applied
yet,
but
if
they
do
apply
and
then
what
is
the?
I
guess
this
is
for
the
city
attorney's
question.
L
I
Well
so
I
you
know,
we
would
start
from
the
premise
that
that
the
city
manager
would
follow
the
requirements
in
in
the
the
the
statute
in
making
a
decision
on
the
extension
request.
If,
if
those
requirements
are
followed
that,
then,
of
course,
you
know
the
city,
you
may
be
protected
from
liability.
I
If,
if
there
were,
there
was
a
denial
of
the
extension
request
that
was
made
on
criteria
that
are
inconsistent
with
the
statute.
You
know,
then,
then,
of
course,
we
would
have
the
risk
of
that
decision
being
reversed.
There's
also
the
potential
risk
of
damages
and
attorneys
fees.
L
Thank
you,
so
my
other
questions
are
for
black
acting
interesting
yeah.
B
Thank
you
in
terms
of
the
velco
update
process.
It's
just
an
issue.
I
brought
up
to
one
of
our
staff
today
about
how
we
might
proceed,
so
we
haven't
mapped
out
I'll.
Tell
you,
I'm
uncomfortable
getting
rid
of
any
documents
that
we've
presented
on
site
on
online,
because
people
may
view
it
we're
trying
to
hide
something.
So
I'm
thinking
there
may
be
more
of
an
archiving
where
we
set
up
an
archive
section
of
the
site,
but
I
will
defer
to
those
more
experts
in
doing
that
sort
of
work
than
myself.
B
But
I
do
certainly
share
your
concern
that
we
both
want
the
current
information
to
be
easily
accessible
to
the
public
and
in
no
way
lose
the
history
of
the
project
and
what
others
may
have
come
to
rely
on
for
historical
documentation,
and
I
think
those
are
two
values.
I
would
certainly
be
looking
to
bring
forward
in
the
update
process.
L
B
You
know
in
my
discussion
with
them
today.
They
seem
to
be
knowledgeable,
informed
and
prepared
for
this
project,
but
it
is
a
very
small
office
in
the
county
that
has
to
cover
all
of
santa
clara
county,
and
so
the
size
concerned
me,
but
I
think
this
will
likely
be
one
of
the
larger
projects
that
they're
currently
handling
at
this
time.
Certainly
in
terms
of
their
knowledge
and
expertise,
it
seems
strong.
I
would
also
point
out
that
I'm
not
sure
we
have
much
recourse
in
that.
B
It
is
not
a
direct
responsibility
of
the
city
and
instead
it
is
now
a
mandated
agreement
by
county
health
that
has
sole
jurisdiction
and
responsibility
any
further
toxic
or
investigatory
work
the
city
might
choose
to
do.
I
think,
would
require
permissions
and
authorities
that
we
don't
have,
but
we
would
explore
that
at
that
time.
So
I
I
believe
we
can
trust
in
county
department
of
environmental
health,
and
I'm
also
not
sure
we
have
much
choice
but
to
trust
in
the
department
of
environmental
health.
A
F
Yes,
I
just
want
to
reiterate
that
the
the
developer
has
not
requested
that
the
east
side
property
have
have
a
case
open
and
and
has
not
applied
for
regulatory
oversight
on
that.
Is
there
any
explanation
for
why
they
wouldn't
be
doing
that,
especially
since
we're
explaining
these
concerns
that
we
have
why
they
wouldn't
be
doing
these
soil,
borings
and
letting
us
know
you
know
it.
It
begs
of
you
know
what
what's
the
secret,
why?
Why
isn't
this
being
transparent.
B
C
B
Would
have
to
go
through
the
same
process
that
was
done
for
the
west
side
to
come
under
the
county's
regulatory
review,
and
I
believe
that
is
work.
Staff
will
be
starting
to
do
following
this
update
regarding
what
are
the
next
steps
and
what
information
do
we
have
regarding
the
east
side
that
more
may
warrant
consideration
of
a
equivalent
process
by
the
property
owner
and
deh.
F
Okay,
just
to
clarify
my
question
is
why
why
haven't
they
asked
for
this
if
they
could
be
providing
us
some
soil
tests
that
to
to
make
us
feel
more
secure
about
what's
going
on,
and
if
that
there's
not
the
potential
for
a
lengthy
cleanup
of
of
something
that
unexpected?
So
I
I
guess
I
would.
I
would
be
wanting
to
see
some
soil
borings
done
there.
Oh
boy.
B
Sorry,
I
wasn't
more
clear
in
my
response.
I
believe
the
county
was
clear,
that
they
don't
initiate
their
engagements,
it's
up
to
the
property
owner
or
the
jurisdiction
to
initiate
consideration
of
their
engagement.
So
they
would
not
just
tell
the
property
owner
or
the
city
to
start
an
investigation
of
a
project
that
they're
not
currently
in
project
cleanup
paradigm
with.
A
Okay,
great,
thank
you
very
much.
We'll
now
go
over
to
our
members
of
the
public,
I'll,
remind
people
that
we'll
be
calling
on
you.
You'll
have
three
minutes
to
speak
and
as
long
as
your
hand
is
raised
by
the
conclusion
of
the
first
speaker's
remarks,
I
will
call
on
you
I'll
call
out
the
names
that
have
hands
raised
right
now
and
I'll
call
the
names
after
the
first
speaker.
A
M
Good
evening,
mayor
paul
and
council
member,
this
is
shannon
kleinhouse
from
santa
clara
valley,
audubon
society
we've
been
following
the
project
for
a
very
long
time.
We
haven't
taken
a
position,
but
we
have
discussed
the
project
with
the
applicants
and
they
at
the
time
promised
that
they
will
use
bird
safe
design
on
all
the
glazing
in
the
project.
M
I
don't
know
if
that
still
binds
them
if
they
still
intend
on
doing
so,
and
now
that
the
city
has
the
bird
safety
and
dark
sky
ordinance.
I
was
just
wondering
if
that
applies
to
this
project.
I
think
it
should
and
if
they're
applying
for
extension
and
some
of
the
more
innovative
and
recent
city
regulations
that
are
objective
and
accepted
as
objective
by
the
city
should
apply
to
this
project.
A
Thank
you
very
much,
dr
kleinhouse,
we'll
go
on
to
our
next
speaker,
but
before
that
I'll
go
ahead
and
read
out
the
additional
names
we
have
kelsey
baines
anch
shukla,
jean
badord
r,
wang,
craig
guest
neil
park,
mcclintic
caller5821
steven
scharf
and
our
last
speaker
is
john
geiss.
I
apologize
for
any
mispronunciations
of
names.
N
Good
evening,
mayor
paul
city,
council,
members,
interim
city
manager
and
staff,
my
name
is
josh
sellow
and
I'm
the
executive
director
of
west
valley,
community
services
and,
if
you
don't
know
we're
a
cupertino-based
non-profit
organization
that
has
served
individuals
and
families
facing
food
and
housing
and
security
in
this
community
and
in
the
greater
west
valley.
For
the
past
48
years
from
the
very
beginning,
west
valley,
community
services
has
spoken
in
support
of
the
affordable
housing
proposed
as
part
of
the
valco
sb
35
plan.
N
We've
spoken
at
several
city
council
meetings
to
that
end
and
we've
been
disappointed
by
the
delay
in
bringing
these
affordable
units
online
and,
in
the
meantime,
as
you
all
know,
the
housing
crisis
in
our
community
and
in
our
county
is
getting
worse
and
worse,
and
I
just
want
to
give
you
some
data
points.
These
are
from
san
jose
state's
2021
silicon
valley
pain
index.
N
There
are
only
29
homes
currently
available
for
every
100,
extremely
low
income,
households,
74
of
extremely
low
income,
households
spend
more
than
half
of
their
income
on
housing
and
40
000
homes
around
there
need
to
be
built
in
order
to
provide
housing
to
accommodate
low-income
residents.
Now
these
are
county-wide
numbers,
not
just
cupertino
numbers,
but
we're
certainly
seeing
these
numbers
play
out
on
the
ground
here.
N
We
need
our
leaders
to
act
swiftly
and
decisively
in
support
of
affordable
housing.
I
hope
we
can
agree.
Affordable
housing
is
at
the
heart
of
inequality
in
our
region,
especially
when
folks
are
spending
so
much
of
their
pay
each
month
just
to
keep
a
roof
over
their
heads
and
it's
a
problem
many
years
and
many
decades
and
centuries
actually
in
the
making.
N
It
is
important
that
our
leaders
provide
oversight
and
counsel
as
the
project
proceeds
we
need
to
make
sure
the
residents
of
cupertino
are
safe,
but
it
is
also
my
sincere
hope
that
our
leaders
will
stand
up
for
and
not
stand
in
the
way
of
ensuring
the
plan
for
affordable
housing
at
valco
can
move
forward.
Thank
you.
A
Josh,
can
I
use
your
30
seconds
to
ask
you
a
question
sure
so
so
I
I
I
appreciate
your
work.
You
know
I
we
all
support
west
valley
community
services.
My
question
is
basically
this,
so
so
how
do
we
justify
a
project
that
is
creating
a
need
for
war
housing
and
invoking
you
know,
alleviation
of
the
housing
crisis.
I
I
mean
I
just
you
know
basic
question:
what's
your
gut
reaction
on
that.
N
I
think
that
this
is
one
of
many
tools
that
we
need
to
look
at
closely
to
address
the
housing
and
equity
in
our
community.
When
we
look
at
families
who
are
struggling
to
keep
a
roof
over
their
head
or
even
the
families
we
know
living
in
cupertino
who
are
living
in
their
cars
now
I
find
it
hard
to
say
no.
We
we
we're
not
doing
everything
we
can
do
to
ensure
affordable
housing.
Yeah.
A
H
A
I'm
sorry
vice
mayor,
I'm
going
to
try
to
keep
this
within
the
three
minutes
allocated
to
each
speaker,
and
so,
if
you
have
follow-on
questions
and
the
speaker's
willing
to
answer
and
engage,
you
know
please.
Let
me
know
on
subsequent.
Our
next
speaker
is
ann
paulsen,
welcome
anne.
O
Good
evening,
council
members,
I'm
anne
paulson,
from
los
altos
as
I
work
for
affordable
housing
in
my
own
city.
I
also
want
to
see
my
neighbors
in
cupertino.
Do
their
part.
We
need
affordable
housing
in
the
south
bay.
The
valko
project
will
provide
a
huge
1200,
affordable
homes
and
also
a
very
cool
green
roof
for
all
of
us.
The
city
must
push
aggressively
to
get
this
affordable
housing
built,
including
working
with
the
county,
to
move
it
forward
instead
of
using
routine
soil
remediation.
O
The
kind
of
remediation
done
all
the
time
as
an
excuse
not
to
issue
permits.
As
to
the
extension,
the
state
says,
they
told
you
this
three-year
time.
Clock
for
the
building
to
get
started
was
stopped
while
the
developer
had
to
defend
against
a
meritless
lawsuit,
and
so
the
developers
don't
need
any
extension.
O
Now
the
very
people
who
initiated
these
losing
delaying
lawsuits
are
on
the
city
council
trying
to
delay
again.
The
city
should
accept
the
state's
obvious
legal
interpretation
instead
of
setting
itself
up
for
yet
another
losing
lawsuit
that
wastes
taxpayer
money
and
everybody's
time.
We
need
the
housing,
not
the
money,
wasting
meritless
lawsuits,
stop
the
stalling,
stop
inventing
more
reasons
not
to
issue
permits
and
get
to
work
with
the
developer
to
get
this
project
going.
Thank
you.
A
All
right,
thank
you,
ann
vice
mayor.
P
Q
Yes,
thank
you
mayor
paul.
I
just
I
I
cannot
emphasize
enough
and-
and
I
don't
mean
this
in
any
kind
of
patronizing
way,
but
the
balance
that
you
have
here
about
the
different
ways
in
which
you're
approaching
the
same
issue
but
you're
approaching
it
from
different
areas.
I
did.
I
did
the
people
of
cupertino,
I
think,
can
trust
in
the
process.
That
is,
that
is
taking
place
right
here.
Right
now,
I
go
to
30
plus
meetings.
Q
Like
I
said
in
san
jose,
we
are
getting
dogged
out,
disrespected
just
shunned,
I
mean
billionaires
have
taken
over
okay.
What
you
have
to
understand
is
that
the
redlining
maps
of
1939
created
this
backlash.
So
you
you,
you
hit
it
on
the
money
of
mere
paul
by
saying
you
don't
want
to
just
be
kicking
it
down
the
road
because
it
did
get
kicked
to
you
and
now
you're
dealing
with
it.
So
I
I
would,
I
would
suggest
centering
that
redlining
map
and
here's
why
in
2016
dave
cortesey
did
a
homeless.
Q
He
quantified
how
much
homelessness
cost
the
county?
Okay-
and
it
was
500
million
dollars
per
year
for
a
population
of
only
at
that
time
was
like
eight
thousand
eight
thousand
people,
500
million
okay,
and
what
the
response
from
that
was
a
measure-
I
don't
remember
the
name,
but
it
measures
something.
Q
The
reason
why
I'm
here
today
is
because
I
was
pissed,
because
that
money,
the
voter,
did
not
think
that
when
that
money
was
allocated
and
it
was
able
to
be
accessed,
but
the
first
housing
unit
that
was
going
to
go
up
goes
up
in
cupertino
that
19-unit
senior
housing
project
that
went
up,
I
want
to
get
away
from
the
from
the
from
the
fact
that
it
was
a
senior
housing.
I
don't
want
to
get
into
that
moral
issue,
because
it's
not
a
moral
issue.
Q
No,
it
went
to
your
city,
and
so
I'm
not
calling
anybody
out
here.
What
I'm
saying
is
that
as
a
citizen?
That's
why
I'm
here
today
is
to
really
advocate
that
we
cannot
do
that
any
longer
and
we
really
have
to
start
centering
equity
with
respect
and
using
the
objectivity
that
the
redlining
maps
will
provide
us,
because
we
are
dealing
with
the
generational
impact
of
those
redlining
maps
and
so,
like.
Q
Q
So
I
think
that
you
have
an
excellent
balance
in
terms
of
balancing
the
safety,
with
your
timelines,
with
your
cost
and
and
especially
with
the
lawyer
with
the
with
the
attorney
that
the
vice
mayor
is
suggesting
that
those
costs
be
factored
in
and
determine
that
the
city
should
not
pick
up
that
cost
for
their
failure
to
act.
R
Good
evening
mayor
vice
mayor
city,
council
and
manager,
my
name
is
muni
madipatla.
I
am
a
kubernetes
resident.
I
serve
on
the
planning
commission,
but
here
speaking
as
a
kubernetes
resident,
I
would
like
to
take
this
moment
to
thank
you
all
staff
and
vigilant
kubernetes
community
members
for
doing
the
right
thing
with
respect
to
the
valco
project.
The
community.
All
along
pointed
out
that
welcome
site
is
a
contaminated
site
needed
to
be
handled
carefully
and
is
not
eligible
for
sp35
approval.
Even
though
there
was
a
lot
of
you
know
legal
wrangling
around
this.
R
I'm
glad
that
our
city
did
the
right
thing
by
hiring
experts
and
establishing
the
fact
that
it's
a
contaminated
site
needing
special
handling
I'll
read
the
last
paragraph
from
your
staff
report
on
page
two,
due
to
additional
review
and
requirements
by
the
city
contaminated
soils
and
soil
vapor
have
been
identified
on
the
project
site.
The
project
developer
has
entered
into
voluntary
cleanup
agreement
with
the
santa
clara
county
department
of
environmental
health.
R
R
I'm
so
pleased
that
our
city
is
engaging
all
the
right
agencies,
such
as
environmental
health,
fire
traffic
and
water
agencies,
to
assess
the
impact
before
before
issuing
permits,
thanks
for
digging
into
these
staffing
details
for
the
fire
outposts
that
will
be
established
at
this
site
as
a
resident,
I
couldn't
ask
for
more.
I
would
highly
encourage
you
to
collect
the
impact
assessment
fees
of
125
million
dollars
assessed
by
the
staff
instead
of
waiving
it
as
a
taxpayer.
I
don't
want
that
cost.
R
R
Please
apply
the
rules
uniformly
great
to
hear
people
like
you
know,
mr
paul
soto
from
neighboring
cities
complimenting
you
for
a
community
friendliness
that
you
are
exhibiting
here.
Thank
you
and
keep
up
the
good
work.
You
guys
are
awesome.
I'm
proud
of
you,
my
humble
request,
just
learn
to
ignore
the
smear
bloggers
and
fake
news
reporters.
Thank
you.
S
Thank
you
vice
mayor
paul
and
to
this
mr
city
manager.
That
was
a
very
well
delivered
update.
I've
sat
through
a
lot
of
things
in
the
last
20
years
in
the
city,
and
that
was
very
bravely
done.
I
just
had
a
couple
of
comments
I
in
terms
of
the
contamination
of
the
valco
site.
S
S
Essentially,
it's
actually
a
superfund
site.
Now
I
don't
think
it
can
even
have
housing
on
it
and
it
is
contaminated
with
pcbs
and
carbon
tetrachloride.
If
you
guys
are
familiar
with
carbon
tet,
it
is
one
of
the
most
it
can.
It
has
killed
many
people
and
having
had
a
chemistry
background,
if
we
dealt
with
anything
with
that,
you
were
in
the
hood
with
goggles
on
and
you
did
not
get
anywhere
near
it.
I'm
just
saying
right
now.
S
In
the
last
occupied
the
last
month
of
my
life,
I
am
very
very
concerned
that
we
have
a
lot
of
people
writing
these
bills
and
they
are
trying
to
not
do
sequa.
Well,
I'm
sorry,
if
you
know
this
they're
trying
to
apply
this
to
the
rest
of
the
state.
Well,
we're
in
the
middle
of
silicon
valley.
We
had
orchard
land
but
stuff.
All
over.
S
The
place
is
contaminated
for
various
reasons
because
of
history
and
high
tech,
history
of
automotive,
who
knows,
but
we
can't
ignore
it,
and
this
is
the
part
that
concerns
me,
the
bills
that
are
being
rolled
out
of
sacramento
in
this
quote
socialistic
dictator,
whatever
you
want
to
call
it.
They're
they're,
completely
ignoring
the
environment,
and
this
is
our
silicon
valley,
our
high-tech
area.
S
A
lot
of
people
worked
in
high-tech
50
years
before
the
current
tech
companies
here,
and
I
think
a
lot
of
people
forget
that.
I
think
that
we
need
to
make
sure
that
we
do
due
diligence
and
I
think
that
the
city
is
doing
the
right
thing
for
the
public.
I'm
not
real
excited
about
this
green
roof
on
velco.
S
I
am
worried
about
it.
Falling
down,
it
could
fall
into
the
roads,
welcome
parkway,
stevens,
creek
boulevard
and
22
story
buildings.
What,
if
there's
an
earthquake
that
thing
in
miami
pancake?
Thank.
D
D
Today's
additional
staff
report
states
that
an
extension
application
is
anticipated,
expected
believed
to
potentially
contain
ample
documentation
to
get
approval.
Staff
is
helping
the
developer,
write
it
since
the
2018
project
application.
There
has
been
evidence
that
the
documents
contain
false
claims,
fuzzy
math
and
withheld
significant
information,
including
hazardous
material
status.
Staff's
report
outlines
issues
and
evidence,
yet
it's
some
an
unexplainable
reason
for
considering
an
extension
that
the
report's
last
paragraphs
deserve
serious
thinking.
Our
2021
city
attorney
has
advised
that
a
one-time,
one-year
extension
is
not
inappropriate
to
grant
upon
receipt
of
a
timely
application.
D
We
are
two
weeks
away
from
the
expiration
date
and
now
or
september.
14Th
seems
the
opposite
of
timely
footnote
2
on
page
19
refers
to
the
developer,
avoiding
obligations
to
follow
rules.
Beware
the
decision
to
approve
or
not
approve
an
extension
is
discretionary.
Please
accept
and
exhibit
wise
discretion.
This
developer
has
proven
in
our
city
and
this
state
that
they
have
a
habit
of
promising
what
they
will
not
deliver
quote.
D
Seeking
written
commitments,
unquote
from
a
group
that
avoids
development
agreements
is
futile
and
bound
to
be
unenforceable.
Staff
describes
gaps
in
critical
information
and
refers
to
an
unwillingness
on
the
part
of
the
developer
to
fulfill
their
obligation
to
apply
for
an
extension.
Today's
supplemental
report
makes
different
assumptions
again.
I
do
not
understand
why
staff
is
quote
working
with
the
developer
on
an
implementation
plan
to
can
be
contained
in
an
extension
letter.
D
How
can
anyone
buy
the
argument
that
significant
progress
has
been
made
when
the
developer
is
pretending
to
play
catch-up
on
environmental
investment
investigations,
and
there
is
evidence
the
developer
failed.
The
transparency
test
from
day
one
the
soil
contamination
reality
should
be
precluded,
should
have
precluded
sp
35
approval
three
years
ago,
conveniently
it
was
withheld,
but
the
cat's
out
of
the
bag
now
and
it
has
become
a
tiger
no
entity
should
be
rewarded
for
bad
behavior.
If
developers
sponsored
hcd's
threats
of
litigation
guide.
D
The
city's
decision
on
this
you
make
yourselves
weak
and
will
only
be
repeatedly
taken
advantage
of.
If
you
allow
things
to
move
forward,
let
fear
of
making
a
horrible
decision
for
your
community
override
the
fear
of
a
lawsuit
that
the
city
would
have
every
chance
of
winning.
The
decision
is
discretionary.
D
A
T
Okay,
thank
you
mayor
paul,
good
evening
council.
I
wanted
a
I'm
a
denessa
techmanscam,
a
30-year
resident
of
cupertino
and
a
fourth
generation
californian.
I
wanted
to
comment
on
a
couple
of
things.
Had
the
valco
contaminants
been
known,
the
sb-35
project
would
have
never
been
approved
for
housing
by
stipulations
in
the
law
itself
and
it's
kind
of
funny
how
we
had
to
find
the
contaminants
on
our
own
accord.
Anyhow,
it's
also
quite
a
coincidence
that
senator
weiner
is
proposing
amendments
to
sp
35
on
the
eve
of
valco's
approval
expiration.
T
T
T
The
state
can
step
in
and
by
non-compliance
we
could
be
subjected
to
developers
being
able
to
streamline
even
more
sb
35
projects,
with
only
a
15
percent
bmr
requirement,
which
would
send
our
ability
to
gain
low
income
housing
into
an
endless
downward
spiral.
That,
in
itself,
is
a
really
important
consideration.
T
So
you
know
a
lot
of
things
have
changed
since
the
original
sp
35
plan
was
adopted,
arena's
almost
tripled
the
pandemic
has
made
office
a
much
riskier
investment,
and
now
we're
saddled
with
an
onslaught
of
state
housing
bills
that
undermine
the
power
and
expertise
of
our
elected
council.
G
U
Hello,
thank
you.
My
name
is
aaron
eckhaus,
I'm
the
regional
policy
manager
with
california.
U
Yes,
in
my
backyard,
proud
to
support
state
laws
like
sp
35,
to
ensure
that
housing
and
affordable
housing
are
built
in
all
cities
across
the
state.
U
U
U
C
A
Thanks
can
I
take
30
of
your
seconds
and
ask
a
couple
questions.
Do
you
mind
go
ahead
all
right?
Why
cupertino
you
know
we're
not
in
a
unique
position
in
the
state.
Why.
C
A
U
A
E
Hi
yeah,
I
I'm
felim,
I'm
a
renter
and
in
a
way
I
actually
appreciate
the
fact
that
the
mayor
called
mr
eckhouse's
comments
insane.
You
know
earlier.
You
had
said
that
you
were
hoping
that
there
would
be
no
mudslinging,
no
attacks,
no
the
tip,
I'm
really
bad.
With
that
word,
the
typical
well
yeah,
so
anyways.
I
appreciate
you
you
showing
that
that's
not
actually
how
you
feel
so,
I'm
calling
to
support
the
valco
project
because
expedite
expediting
this
project
is
the
least
the
city
can
do
for
affordable
housing.
E
I
feel
really
bad
for
city
staff
they've
been
given
a
monumental
task,
which
is
to
do
levels
of
mental
gymnastics
that
simone
biles
would
be
envious
of,
and
all
of
this
is
because
the
majority
of
council
has
always
opposed
this
project.
These
environmental
issues
and
extension
issues
are
just
the
latest
in
low
effort,
low
iq
and
blatantly
illegal
ways
to
block
affordable
housing
at
balco,
and
this
is
exactly
why
sd-35
was
passed.
Cupertino
is
one
of
the
best
arguments
for
fc35's
existence.
Cities
like
yours,
who
constantly
obstruct
affordable
housing,
do
not
deserve
local
control.
E
This
is
why
your
city
has
lost
the
right
to
say
no
to
housing
in
your
backyard
and
in
response
to
losing
local
control.
The
city
is
diluting
itself
into
believing
it
can
still
obstruct
housing.
The
lobby
down
and
you
lost
in
corn
before
you'll,
lose
in
court.
Again,
your
residents
will
be
stuck
holding
the
bill,
so
I
think
you
should
be
honest.
If
you
want
to
be
pro-resident,
you
should
be
frank
with
your
constituents
and
tell
them
the
truth.
You
do
not
have
local
control
anymore
when
it
comes
to
balco.
E
These
manufactured
reasons
for
opposing
this
project
have
been
been
shown
to
be
false
by
hcd's
reading
of
sd-35
and
additionally,
these
manufacture
the
manufactured
concern
over
the
environmental
issues.
Are
your
doing.
You
have
blocked
hermits
to
clean
the
soil.
So
if
you
block
this
project,
I
promise
you
hcd
will
hear
about
this,
and
you
will
have
a
very
difficult
time
showing
to
hcd
that
you
have
a
realistic
blueprint
for
accommodating
your
arena.
E
W
Thank
you
good
evening,
council.
My
name
is
kelsey
baines.
I
am
the
regional
director
for
umb
action.
W
And
since
then
we
have
watched
the
housing
crisis
grow
ever
more
dire.
We've
seen
rents
go
down
a
little
bit,
particularly
for
high
higher
income
people,
but
we're
also
seeing
more
people
than
ever
sleeping
on
our
streets
and
in
vehicles
living
in
unstable
or
overcrowded
conditions
and
traveling
very
long
distances
to
serve
our
communities.
W
So
it's
very
disappointing
to
see
the
delay
of
project
construction
because
we
know
that
housing
delayed
is
housing
denied.
So
I
encourage
you
to
get
this
project
moving
so
that
struck
construction
can
begin,
and
I
know
many
of
you
are
are
active
opponents
of
of
this
project.
W
They
lost
their
appeal
in
trying
to
kill
this
project
in
may
of
2020,
and
what
that
means
is
that
there
there
doesn't
need
to
be
a
new
request,
because
it's
only
been
a
little
over
a
year
since
that
litigation
was
completed.
W
So
what
I
would
like
to
see
the
city
do
is
accept
that
outcome,
which
may
be
disappointing
to
you,
but
still
facilitate
the
the
construction
of
affordable
housing
rather
than
afford
it.
So
you
we
need
to
see
you
accept
that
the
law
is
just
not
on
your
side
and
think
about
both
the
best
interests
of
future
residents,
who
would
be
served
by
this
housing,
as
well
as
the
best
interest
of
current
residents,
who
won't
be
served
by
additional
litigation
and,
if
you're
frustrated
with
state
legislation
to
override
local
control.
W
W
W
G
Oh,
can
you
hear
me
yes
welcome.
Oh
thank
you,
mayor
paul,
it's
good
to
put
a
face
to
some
of
our
local
leaders,
I'm.
I
grew
up
in
cupertino,
multi-decade
resident
and
now
working
in
in
cupertino.
It's
it's
a
funny
little
place.
I
think
I
went
to
high
school
with
one
and
a
half
african-american
students
to
answer
your
question
about
why
you
think
segregation
is
a
problem
and,
I
think,
maybe
a
handful
of
latino
residents.
G
It's
also
interesting
to
see
when
I
was
growing
up
in
cubertino.
The
cost
of
housing
was
a
problem
that
was
on
the
minds
of
my
family.
Basically
my
entire
childhood
and
it's
kind
of
the
the
excitement
that
I'm
hearing
in
this
meeting
of
finding
a
loophole
that
will
allow
the
city
to
take
the
project
off
the
expedited
rails
into
the
slower
ones.
G
This
is
probably
the
same
sentiment
that
caused
a
lot
of
pain
for
my
family,
as
I
was
growing
up.
I
also
I
hear
a
lot
of
concern
about
the
environment
being
raised
in
this
meeting,
which
is
funny
because
my
classmates
were
tested
for
mercury
poisoning
in
elementary
school.
G
My
parents
lived
downwind
of
a
cement
factory,
which
is
doing
god
knows
what
environmental
impact
my
classmates
from
high
school,
who
can
still
afford
to
live
in
the
region,
live
in
apartments
built
on
former
superfund
sites
in
lopitis,
which
I'm
sure
have
all
kinds
of
chemicals
leaching
out
of
them,
not
sure,
if
it's
worse
than
a
former
sears
tire
center,
that
that
that
tire
center
is
itself
interesting
to
me,
because
some
of
my
high
school
classmates,
who
couldn't
make
it
to
college,
work
there
briefly
before
being
priced
out
of
the
region.
G
So
it's
good
putting
a
face
to
some
of
the
people
involved.
Another
kind
of
interesting
personal
experience
I
have
with
some
of
the
processes
and
people
involved
in
this
project.
I
currently
work
in
cupertino.
I
would
be
interested
in
living
in
the
project
and
maybe
one
of
the
single
males
that
would
prey
on
local
high
school
students,
as
suggested
by
council
member
moore
in
a
post
on
the
internet
a
few
years
ago,
and
so.
P
P
Even
more
importantly,
the
city
work
plan
needs
significant
vision.
Too
much.
Staff
time
is
being
wasted
on
low
priority
projects.
At
this
point,
the
city
has
two
and
only
two
major
priorities.
The
first
is
the
arena.
Housing
element
due
by
the
end
of
2022.,
the
city
has
to
plan
for
a
minimum,
just
minimum
of
4588
housing
units.
P
Instead,
this
majority
council
opted
for
the
no
negotiation
sb-35
plan
under
state
law,
not
local
control,
it's
time
for
this
city
to
take
ownership
of
that
decision
and
move
ahead.
The
sb-35
plan
is
not
perfect,
but
majority
council
made
the
choice.
So
let's
move
ahead
and
get
construction
underway.
P
P
C
Hi
everybody
good
evening
mayor
vice
mayor
city,
council,
interim
city
manager,
staff
and
fellow
good
residents
of
cupertino
don't
be
bullied
by
those
who
have
no
care
for
the
environment
and
public
safety.
Today,
I'm
speaking
on
behalf
of
myself,
I
normally
serve
on
the
planning
commission
as
chair.
I'm
glad
we
realized
that
short-term
solutions
to
generate
2,
400
units
of
housing
that
create
a
deficit
of
3
400
housing
units
due
to
large
amount
of
office
space
is
not
a
long-term
or
short-term
solution.
C
Over
the
past
35
months,
the
city
of
cupertino
city
of
cupertino
staff
has
gone
above
and
beyond
to
accommodate
the
applicant.
In
many
cases,
their
actions
exceed
what
the
norms
are
for
planning
in
the
city.
This
recommendation
has
potentially
come
to
the
detriment
of
the
cubertino
residents,
our
deer
union
workers
in
harm's
way
and
the
greater
san
francisco
bay
republic.
C
C
Even
more
concerning
sandhill
properties
has
also
known
about
listings
that
would
invalidate
this
project
as
far
back
as
2003
in
the
series
report
when
they
were
looking
at
buying
this
property.
This
site
has
been
listed
in
the
geotractor
site
by
the
california
state
water
board.
Sandhill
properties
knew
this
site
exceeded
residential
screening
levels
in
october
2016
from
the
geosphere
report.
C
C
Why
have
our
planning
department,
our
community
development
leadership
and
our
former
city
managers
not
demanded
that
these
results,
as
soon
as
they
were
made
available
to
be
made
public
and
put
on
the
valco
sp
35
project
website?
These
results
should
have
been
shared
with
the
planning,
commission
and
city
council
as
soon
as
they
found
out.
I'm
glad
we
have
a
new
interim
city
manager
that
is
focused
on
creating
this
transparency
and
there
are
a
bunch
of
other
questions.
C
We
should
be
asking
what's
on
the
east
side
of
the
project
and
why
have
no
tests
been
conducted
over
there,
especially
the
project
approval
notices
for
potential
deed
restriction?
As
mentioned
earlier,
why
hasn't
the
staff
asked
geotracker
to
ask
for
a
complete
grid
of
bores
across
the
site?
Let's
stop
playing
whack-a-mole
guess
where
the
next
boar
is.
Is
this
clean?
Is
it
not
clean?
I
mean
the
most
recent
16
of
19
soil
boring,
show
contaminants
above
residential
screening
levels.
C
C
Look,
we
need
to
also
put
some
covenants.
The
applet
must
complete
the
residential
component
prior
to
concurrent
or
concurrent
with.
This
is
the
point
we
have
to
actually
make
sure
that
residential
sites
are
built
before
any
other
occupancy
permits
are
there
in
order
to
support
affordable
housing.
There
should
be
covenants
and
restrictions
on
usage
on
the
west
side
and
the
east
side,
and
all
the
res
until
all
the
residential
construction
is
completed,
especially
affordable.
C
X
Mayor
vice
mayor,
can
you
hear
me?
Yes
welcome?
Okay,
my
name
is
craig
batchelor,
I'm
the
architect,
who
submits
the
plans
to
the
city
for
approval.
I've
met
both
kitty,
moore
and
liang
chao.
I
met
you
as
well
darcy
paul
welcome.
I
I've
been
listening
to
this
conversation
and
and
frankly
quite
abhorred
by
the
accusations
that
are
being
leveled,
particularly
by
the
previous
person
right
wang.
X
Contaminants
on
the
site,
which
occupies
less
than
.001
percent
of
the
entire
site,
is
pcbs,
which
are
found
all
throughout
the
bay
area
were
discovered
after
demolition.
Obviously,
on
the
east
side,
we
have
not
demolished
that
mall.
We
have
not
demolished
that
area.
So,
of
course,
there
is
no
record
and
there
is
no
nothing
to
be
found
for
that
area,
but
I
don't
want
to
contest
those
issues.
What
I
would
like
to
contest
is
the
fact
that
the
city
has
not
did
not
identify
a
third-party
plan
check
reviewer
until
may
of
2020.
X
So
after
we
put
in
permits
in
2018
for
a
variety
of
different,
I
appreciate
you
nodding
your
head
kitty,
but
the
city
did
not
approve
a
plan
check
reviewer
until
2020,
and
so
it
should
be
known
that,
while
we're
putting
in
permits
we're
putting
we're
working
with
staff,
it's
difficult
when
you
are
trying
to
build
something,
if
you
were
to
take
the
apple
campus
ii
as
an
example,
I
highly
doubt
that
it
was
possible
for
people
to
email
the
city
permit
reviewers
and
get
permanent
responses
in
a
timely
manner
to
build
a
complex
property
like
that,
and
currently
there
is
no
dialogue,
there's
no
ability
to
collaborate
with
the
city
because
of
the
contamination
of
the
better
kubertino
people
who
are
sitting
on
city
council
who
won't
allow
for
us
to
actually
have
a
productive
and
a
productive
dialogue
with
the
people
who
approve
permits.
X
If
you
want
to
see
resolution
with
falco,
if
you
want
to
see
something
resolved,
if
you
have
no
interest,
then
you
have
no
interest.
If
you
want
to
see
something
resolved,
there
needs
to
be
a
collaborative
approach,
and
currently
that
does
not
exist
with
this
city,
and
that
is
coming
from
the
person
who
is
currently
permitting
and
submitting
documents
to
the
city
for
a
permit.
K
H
A
Young
no
yeah
you
can
respond
after,
but
the
the
speaker
had
completed
his
time.
A
V
I'm
gonna
start
now,
then.
Okay,
my
name
is
neil
park.
Mcclintock,
I'm
the
chair
of
cupertino
for
all.
I've,
also
lived
here
most
of
my
life.
I
moved
here
when
I
was
seven
years
old
and
now
I'm
24,
but
I
remember
back
then
just
the
amount
of
sentiment
the
mall
really
gave
to
me
and
what
it
meant
to
me
in
my
development
as
well.
I
probably
had
like
my
first
hangout
with
a
friend
at
the
meet
fresh
at
the
mall,
and
then
you
know
fast
forward
a
long
time.
V
The
mall's
kind
of
dead
walked
through
it
like
a
ghost
town,
and
that
was
the
cool
thing
to
do.
When
we
were
in
high
school.
You
know
I
really
do
seriously
care
about
what
happens
on
the
site,
and
I
want
to
make
that
that
super
clear.
I
want
to
see
something
done
with
the
site
in
the
immediate
future.
V
It
sounds
like
there's
some
dialogue
that
needs
to
be
had
between
the
city
and
the
developer
and
there's
a
lack
of
communication
there.
My
understanding
of
what's
going
on
is
that
this
extension
is
not
actually
necessary
and
that
the
project
is
not
going
to
expire
this
month.
Because
of
the
litigation-
and
I
know,
there's
been
a
lot
of
talk
about
well
that
doesn't
seem
democratic.
Why
do
we
do
things
like
that?
It's
actually
very
common
in
the
legislative
process
to
pass
a
bill
and
then
the
following
cycle
to
amend
it.
V
This
upcoming
amendment,
that's
on
the
governor's
desk
1174..
It's
it's,
not
a
scott
wiener
bill,
not
everything's
by
scott
weiner.
There
are
actually
a
lot
of
legislators
who
care
about
this
issue,
and
it
comes
from
this
common
census.
Belief
that
we
need
to
make
sure
we're
putting
adequate
benchmarks
for
our
cities
and
that
the
rules
that
they
have
in
place
facilitate
development
as
well.
V
Another
thing
I
just
wanted
to
kind
of
comment
on
really
quickly
is
on
the
segregation
piece
I
understand
where
you're
coming
from
mayor.
Our
community
is
very
unique.
I
identify
on
the
census
as
asian
american.
So
definitely
that's
something
that's
unique
about
our
community,
but
I
I
would
second
aaron's
point
that
we
are
ranked
number
10
most
segregated
in
the
state,
but
it's
not
based
on
that
piece.
V
It's
based
on
the
fact
that
we
are
very
monolithically
upper
higher
income,
and
I
don't
know
if
anyone
can
honestly
tell
me
that,
if
you're
latino
and
this
in
the
south
bay
or
if
you
are
southeast
asian,
filipino
you're,
likely
able
to
move
here,
so
we
still
got
a
lot
of
work
to
do,
and
I
hope
that
communication
happens
because
I
want
to.
We
all
want
to
see
this
project
happen.
We
want
to
see
those
affordable
units
so.
H
A
Thanks
appreciate
it,
our
next
speaker
is
caller
five,
eight
two
one
and
you're
calling
in
so
I
believe,
you'll
need
to
get
star.
Six
welcome.
K
K
K
K
The
slow
progress
of
the
current
project
is
perhaps
a
delay
tactic
to
maintain
a
threat
of
an
ugly
sc35
project,
but
as
it
becomes
clear
that
the
developer
lacks
intention
and
or
competence
to
deliver
the
sp-35
project
that
threat
diminishes
on
one
hand,
I'd
like
to
see
the
sc-35
project
terminated
so
that
we
can
move
on
to
a
better
project
and
so
that
the
developer
can
no
longer
use
the
sb
35
project
to
make
another
ugly
project
look
better.
By
comparison
the
other
hand,
I
understand
staff's
prudence
to
extend
the
deadline.
K
K
However,
if
the
remedy
is
to
allow
the
developer
to
modify
the
project
whenever
he
doesn't
want
to
conform
to
his
original
specs,
what
will
we
end
up
with?
Will
we
have
any
traffic
remediation
measures?
Will
we
have
any
park
land?
Will
we
have
any
bmr
housing
at?
What
point
does
the
city
decided?
The
developer
is
not
executing
to
his
plan
and
call
bs
the
city
grants.
An
extension
is
my
hope
that
the
city
holds
the
developer
to
strict
standards.
A
A
Y
Y
It
could
and
it
should
an
innovative
council
would
be
doing
everything
possible
and
even
the
impossible
to
build
more
housing
quickly.
Please
be
an
innovative
council
sure
there
are
always
problems,
but
the
problems
are
solvable.
So,
let's
not
make
excuses
to
slow
down
the
project.
Let's
work
to
fix
the
problems
and
accelerate
the
project,
please
be
imaginative,
please
be
imaginative,
think
creatively.
Z
Me
now,
yes,
we
can
hear
you
welcome
great
good
evening,
mayor
city,
council,
members,
interim
city
manager
and
city
attorney,
I'm
on
the
planning
commission.
But
speaking
for
myself,
if
you
read
the
sb-35
law,
it
explicitly
permits
cities
to
grant
a
one-year
extension
to
an
sb-35
project
and
I'm
very
glad
the
city
attorney
actually
read
the
sb-35
law,
because
it
appears
that
many
of
the
speakers
here
tonight
did
not
nothing
in
the
current
sb-35
law
requires
that
a
city
grant
an
extension.
Z
I
understand
there's
been
lobbying
for
changes
to
the
law,
but
those
have
not
yet
been
enacted.
Also,
there
was
no
lawsuit
with
any
injunction
that
prevented
the
developer
from
proceeding
with
demolition
or
cleanup,
and
in
fact
the
property
owner
proceeded
to
demolish
the
west
side
of
the
mall
and
demolish
the
bridge
over
wolf
road.
Despite
the
lawsuit,
the
granting
of
a
one-year
extension
is
purely
discretionary.
Z
According
to
the
sb-35
law,
the
law
states-
and
I
quote,
the
development
proponent
may
request
and
the
local
government
shall
have
the
discretion
to
grant
an
additional
one-year
extension
and
by
the
way,
when
the
initial
approval
of
an
s.
While
the
initial
approval
of
an
sb-35
project
is
ministerial
and
non-discretionary,
the
sb-35
law
never
mentions
whether
the
granting
of
the
extension
is
ministerial.
Z
Z
I
appreciate
josh
salo
of
west
valley
community
services
in
a
statement
that
extremely
low
income
housing
is
desperately
needed
in
cupertino
and
I
think
we
all
agree.
Unfortunately,
there
is
no.
There
are
no
eli
units
in
the
st
35
project
zero.
I
think
the
three-year
approval
should
be
allowed
to
expire
for
multiple
reasons.
As
the
interim
city
manager
explained,
this
project
worsens
cup
latino
jobs
to
housing
ratio
to
the
tune
of
3
400
units.
The
project
is
opposed
by
residents,
nature,
employers
and
affordable
housing
groups.
The
project
has
zero
affordable
units
for
families
with
children.
Z
It's
all
small
units.
The
site
needs
extensive
cleanup
of
contaminants
and,
unlike
several
speakers,
I
don't
believe
we
should
simply
build
housing,
whether
market
rate
or
bmr
housing
on
contaminated
land.
Please
let
the
approval
expire.
The
property
owner
can
complete
the
cleanup
of
the
site
and
then
apply
for
a
new
sb35
project
or
can
decide
to
build
something
else.
Z
A
Thank
you,
steve
former
mayor
scharf.
Let's
take
this
back
to
the
panel
with
council.
A
A
H
H
So
ever
since
I
got
elected
to
the
council,
any
update
I've
gotten
away
from
from
volco
is
from
city
manager.
There
has
been
no
communication
with
any
city
staff
who
have
no
idea
who
this
plane
track
or
who
even
works
on
the
velcro
project.
H
There
was
zero
communication,
however,
the
sb-35
law
does
permit
city,
council
or
planning
commission
to
provide
public
oversight
on
the
project
which
the
prior
council
in
2008
choose
not
to
do,
and
I
I'm
glad
that
this
council
provides
this
opportunity
for
the
council.
I
mean
this
staff.
This
current
staff
provides
this
opportunity
for
the
council
and
the
community
took
an
opportunity
to
provide
oversight.
Ask
questions
if
we
had
done
this,
that
many
problems
of
expertise
be
certified
would
have
been
disclosed
which
would
have
make
the
project
approval
or
implementation
be
faster.
H
So
don't
think
that
this,
I
think
the
staff
is
commendable,
that
they
have
done
a
lot
of
work
for
the
developer,
which
they
should
have
done
themselves
and-
and
I'm
amazed
by
reading
the
report
that
they
have
done
so
much
and
I
and
they
had
they
actually
didn't,
write
in
the
report
on
that.
I
think
the
council
got
updated
earlier.
There
are
a
lot
of
resistance
on
those
work
done,
but
this
is
the
same
process
that
every
resident
who
need
to
build
anything
would
have
to
approve
and.
H
Okay,
let
me
share
so
one
thing:
I'd
like
to
ask
josh
seller
was,
I
think
if
this
were
a
project,
that's
just
have
1200
units
of
housing,
I'm
all
for
it.
No
one
will
be
opposing
that,
but
do
you
want
to
build
it
on
a
site
with
potential
pcb
poisoning,
and
then
there
are.
We
will
be
paying
for
that
much
later
and
people
will
suffer
from
that.
Do
you
want
this
to
be
built
on
the
site
with
p
pce
toxin
that
people
will
get
cancer
from?
H
We
all
want
to
build
affordable
housing,
but
are
you
willing
to
put
people's
life
at
risk
because
we
want
to
build
housing?
We
just
want
to
build
housing,
and
I
think
many
people
have
said
actually.
Cupertino
has
been
trying
to
be
a
good
citizen,
while
other
cities
are
creating
three
times
more
housing
causing
all
these
housing
crisis.
Cupertino
has
been
trying
to
keep
our
job
and
housing
balance
below
the
county
average
and
you'll
see
that
las
gatos,
milpitas,
palo
alto,
santa
clara
mountain
view,
their
job
housing
balance
is
much
worse.
H
They
are
causing
the
housing
crisis
and
welcome
project.
Has
this
so
much
resistance
in
cupola?
You
know
it's
because
we
are
opposing
to
the
huge
amount
of
office
it
produced,
not
the
1200
units
of
housing,
although
we
do
one
wish
that
these
1200
units
for
families,
like
mentioned
here,
cupertino
approved
verinda
project,
no
objection,
cupertino
approved
the
marina,
plaza
188
units,
no
objection
in
2017
cupertino
approved
the
tempten,
adding
600
units
on
top
of
342
in
2016.
H
A
H
H
We
we
have
stood
up
for
lehigh
cement,
which
the
prior
council
didn't
do,
and
this
council
approved
spatial
budget
to
fight
for
our
resistance
against
this
big,
pollutant
and
vocal
is
not
a
pollutant.
Therefore,
this
council
and
this
council
couldn't
fight,
but
then
we
are
enabling
the
staff
to
to
to
to
spend
time
to
make
sure
that
whoever
that
disregards,
if
you
rules,
try
to
take
advantage
of
residents,
we
fight
for
them,
we
stand
up
for
them.
This
is
what
we
are
elected
to
do.
A
Thank
you
vice
mayor
chow.
I
have
a
few
brief
points
in
follow-up
to
some
of
the
public
comments
that
were
made.
First
of
all,
I
want
to
thank,
I
want
to
thank
the
the
the
totality
of
the
public
commentary
and
the
cut
to
public
commenters.
I
I
really
did
hear
an
effort
to
you
know,
keep
things
constructive
and
fair.
A
I
know
that
there
are
opinions
on
you
know
all
areas
of
the
spectrum,
but
there
are
people
that
have
been
involved
for
a
very
long
time
with
this
project,
and
you
know
in
our
community-
and
I
do
hear
the
effort
to
try
to
have
a
have
a
meaningful
dialogue.
So
you
know
I
appreciate
that
I
have
some
follow-up
questions
and
and
a
couple
of
comments
first
question:
this:
is
the
staff?
Have
we
prevented
soil
cleanup
by
blocking
permits?
A
A
Believe
that
to
be
the
case
I
mean,
does
anyone
on
staff
have
a
sense
that
that
has
been
the
case?
You
know
that
that
this
city
has
pyc,
you
have
your
camera
on.
Did
you
want
to
make
a
comment
on
that,
or
I
mean
I
I
don't
know
where
this
notion
originates
frankly,
but
I
just
I
I
don't.
I
agree
with
interim
city
manager,
larson's
initial
sense
of
it.
I
I
don't
see
how
that
could
be
the
case.
A
Second,
is
anyone
preventing
a
dialogue
with
the
staff
with
the
applicant
to
anyone's
knowledge?
Has
that
happened
in
in
terms
of
prevention,
of
dialogue
between
our
city
staff
and
the
applicant
and.
B
I
do
believe
that
since
I
came
on
board
in
mid-july,
I've
tried
to
get
my
arms
around
the
staff
work
because
it
appeared
that
there
was
many
just
diverse
conversations
occurring
that
weren't
coordinated
and
there
is
inadequate,
sharing
and
coordination
of
information
to
all
parties
who
need
to
know
that,
and
so
I've
stepped
into
a
de
facto
project
manager
role
at
this
time
and
we're
looking
to
cure
that,
because
I
have
lots
of
other
work
to
do
as
well
so,
but
we
so
there
has
been
more
controlled
communications.
A
That's
what
we're
trying
to
do.
Thank
you.
Thank
you
very
much,
and
and
do
you
get
the
sense
from
what
you've
seen
you
know
thus
far
that,
prior
to
you,
you
know-
and
we
appreciate
your
logistical
and
administrative
insights
and
experience,
especially
you
know
as
applied
to
everything,
but
but
this
as
well.
But
do
you
get
a
sense
that
any
of
your
predecessors
or
any
of
the
you
know,
prior
staff
or
or
even
council,
was
preventing
dialogue
between
the
applicant
and
the
staff
here.
B
A
Well,
thank
you
very
much.
You
know
I
I've
sat
through
a
lot
of
a
lot
of
finger,
pointing
and
lectures
you
know,
and
and
so
to
the
extent
that
you
know
it's
it's
a
matter
of
trying
to
indicate
that
you
know
there's
a
certain
amount
of
of
heat.
You
know
and-
and
I
commit
and
promise
to
to
try
to
tamp
that
down,
not
just
in
the
the
meeting
but
by
myself
as
well.
A
I
I
take
exception
to
the
idea
that
responsible
decision
making
is
the
basis
for
trying
to
cast
aspersions
at
our
community
and
and
council.
A
That
in
fact
invokes
a
housing
crisis
to
justify
it,
but
actually
in
the
net
total
of
its
effects
makes
that
housing
crisis
worse.
If,
if
we're
going
to
invoke
responsible
decision
making,
I
don't
see
how
you
can
say
that
irresponsible,
irresponsible
decision
making
encompasses
asking
questions
about
whether
this
is
justified,
and
I
thank
our
staff.
I
thank
our
city
manager
for
coming
on
and
being
willing
to
put
that
front
and
center.
You
know
this
is
a
fundamental
issue
with
our
politics.
A
A
You
see
it
in
the
environment
and
and
so,
if
nobody
actually
scrutinizes
this
we're
going
to
be
stuck
here
in
another
20
or
30
years,
with
an
even
worse
crisis
and,
of
course,
at
that
time,
if
everyone
goes
about
the
same
type
of
quality
of
dialogue,
they're
just
going
to
be
finger
pointing
at
each
other
and
not
taking
these
critical
analyses
and
steps
back
and
going.
What
can
we
do
now
we're
stuck
with
this
okay?
A
I
concede
that
I
also
concede
the
fact
that
a
lot
of
communities
now
and
in
the
past
would
look
at
this
project
and
go
you
know
this
is
actually
you
know
a
job
creator.
It's
a
revenue
generator
there's
some
interesting
features
to
it.
And,
yes,
you
know,
if
you
look
at
the
absolute
number,
it's
a
lot
of
affordable
housing,
but
you
know
to
take
the
fact
that
this
community
is
concerned
and
is
able
to
look
at
a
lot
of
these
issues
with
a
critical
eye
and
turn
that
into
some
kind
of
a
negative.
A
You
know,
respectfully,
I'm
not
going
to
use
the
term
insane
to
describe
it,
but
I
think
it's
counterproductive
and
at
the
end
of
the
day
I
don't
see
a
single
person
that
has
raised
issues
with
regard
to
the
concerns
here.
That
should
be
characterized
as
someone
that's
obstructionist
or
even
contributing
to
anything
negative.
With
regard
to
the
ultimate
outcome
of
this
project,
people
should
be
thanking
the
people
that
are
evaluating
this
and
taking
a
critical
eye
to
these
issues.
A
Okay,
with
regard
to
the
idea
that
we
are
segregated-
and
we
are-
you
know
somehow-
some
kind
of
really
exclusionary
community-
I
am
really
offended
by
that.
I'm
deeply
offended
by
that,
because
you
know
I
I
think
that
people
look
at
us
and
think
you
know,
there's
a
there's,
a
there's,
a
very
diversified
demographic
mix.
Here
we
are
in
many
ways
one
of
the
most
diverse
communities,
one
of
the
most
successfully
diverse
communities,
and
yet
we're
looked
at
you
know
frankly
we're
picked
on
and
it
really
makes
me
sick.
A
You
know
it
really
makes
me
sick
that
people
will
come
here
and
take
cupertino
with
an
sb
35
project
where
the
applicant
is
required
to
take
50,
affordable
housing
for
the
housing
component,
whereas
if
we
were
actually
one
of
the
bad
actors
or
the
so-called,
you
know,
cities
that
fall
within
the
ten
percent
of
the
worst
performing
cities.
A
We
would
end
up
having
only
ten
percent
affordable
housing.
You
know
these
are
hard
numbers
folks,
and
this
is
a
form
of
discrimination
to
go
ahead
and
single
out
this
community
and
say:
oh
you're,
just
bad
actors,
you're,
just
a
bunch
of
you
know,
people
that
are,
you
know,
trying
to
block
house
and
we're
not
trying
to
block
housing
at
all.
So
stick
to
facts,
you
know
you
stick
to
facts
and
you
have
a
community
of
allies.
A
You
know,
I
I
think
neil
mcclintock
neil
parker
clintuk,
for
pointing
out
this,
the
the
socio-economic
stratification.
You
know,
I
greatly
appreciate
that.
You
know
I
and
I
think
that
that's
a
legitimate
point,
but
the
fact
of
the
matter
is
you
know
this
community
has
been
persecuted
and
picked
on
and
I
just
don't
see
a
basis
for
it
other
than
the
fact
that
there
is
a
golden
egg-laying,
goose
kind
of
mentality.
That's
going
on
here
and
people
think
that
they
can
look
at
our
community
and
turn
us
into
some
kind
of
unjustified
object.
A
Lesson.
And
frankly,
it's
sickening
all
right.
If
we
need
to
do
more
to
contribute
to
the
conversation
and
the
dialogue,
we
will
absolutely
do
it,
but
treat
us
fairly
because
we
are
capable
of
producing
results.
We
have
a
track
record
of
doing
so,
and
you
know
for
the
love
of
trying
to
resolve
these
problems.
A
L
Thank
you,
mayor
paul.
I
would
like
to
build
on
your
comment
and
I
do
agree
that
you
know
I
think
cupertino
is
going
to
make
an
effort,
and
I
am
going
to
go
back
to
this
environmental
health
issues
because
we're
here
to
really
you
know,
protect
our
residents
for
their
health
issues.
L
So
I
know
we
worry
about
the
jt
penny
side,
but
this
question
may
not
be
able
to
be
answered,
but
I'm
actually
worried
about
a
residential
sentence
already
there
they
are
actually
pretty
close
to
the
sites
that
geo
map
is
pointing
at
so
is
still
any
concerns
over
existing
neighborhood.
That
could
have
been
contaminated.
That's
just
my
concern
because
I'm
worried
about
it
and
then
I
you
know,
look
at.
I
think
about
jc
penny
said
that's
about
that's
eastside:
how
about
the
west
and
north
side
that
we
have
residential
areas
there
already.
L
So
that's
just
just
a
question.
I
don't
think
anybody
could
answer,
but
that
concerns
me.
The
second
is,
I
didn't,
have
a
chance
to
ask
former
mayor
mayor
shaw
and
of
his
comment,
but
I
know
this
is
recorded.
I
know
he's
speaking
for
his
own,
but
I
am.
I
would
like
to
have
a
recording
of
what
he
says
because
I
want
to
clarify.
Maybe
I
listen
wrong.
L
I
guess
he
did
suggest
let
sv35
project
expire
the
current
one
and
it's
the
second
recommendation.
Is
it
let
the
developer
clean
up
the
site,
so
is
it
a
presumption
that
this
could
be
cleaned
up
and
come
up
with
another
project,
so
I'm
just
requesting
a
recording
of
it
just
to
clarify
because
he
is
our
former
mayor.
So
I
respect
what
he
says
and
also
he
is
our
planning.
Commissioner,
though
he's
vice
chair,
though
he's
saying
for
his
own
representing
himself,
but
I
just
want
to
qualify.
Did
I
hear
a
wrong
that?
L
L
Rex,
I
I
think
he
said
we
could
trust
the
tanki
environmental
health
is
going
to
make
sure
either
the
site
is
clean
up
according
to
rules,
so
it's
safe
to
be
built
or
it
cannot
be
cleaned
up.
What's
the
next
steps,
so
these
are
just
my
two
questions.
I
know
probably
cannot
be
answered
right
now,
but
I
would
like
to
have
a
recording
of
what
a
former
chair
mayor
says,
because
I'm
not
sure
what
his
suggestions
are
is
it?
Can
we
be
coming
out
for
another
project?
Is
that
what
is
being
suggested?
A
Thank
you
councilmember
way,
I'll.
Take
that
as
a
request
for
follow-up
from
staff.
At
this
point
interim
city
manager.
Larson,
did
you
want
to
make
any
quick
follow-up
points
on
that
before?
Okay,
thank
you
councilmember
way.
Vice
mayor
ciao,.
H
Hi,
so
I'm
getting
to
something
more
technical
on
intact
fees.
There
is
a
request
for
the
city
to
waive
impact
fees.
On
the
current
estimate,
teammate
is
125
million
dollars,
but
that's
with
the
50
credit
given
to
the
green
roof.
H
If
it
qualifies
for
private
open
space,
if
they
it
doesn't
qualify,
the
total
will
be
about
159
million
dollars,
but
on
the
property
owner
is
only
willing
to
pay
38.5
million
dollars
and
the
difference
even
granting
the
credit
is
86.5
million
dollars,
that's
over
four
thousand
dollars
per
household
for
cupertino,
so
this
is
privatizing
the
profit
and
publicizing
the
cost.
Everyone
will
be
paying
more
than
four
thousand
dollars.
If
we
grant
this
fee
waiver
to
balco.
H
Are
we
overcharging
impact
fees?
There
are
specific
government
code
on
impact
fees.
Impact
fees
can
only
be
charged
on
increased
demand
for
public
facilities
as
a
result
of
the
development
project,
and
it
has
to
be
estimated
the
reasonable
cost
the
city
has
to
justify
every
fee
we
charge.
So
that
means,
if
it's
not
paid
every
resident
will
have
to
pay,
and
this
fee
is
what
helps
the
city
grow.
H
If
we
have
sufficient
fee
for
future
infrastructure,
we
could
accommodate
more
restaurants
on
if
we
can
have
transportation
in
fact
feel
we
can
accommodate
more
traffic
more
park
and
more
bmr
housing
fees.
So
why
do
we
want
the
to
waive
these
fees,
ultimately
the
fee?
If
the
reduced
would
be
passed
on
to
every
residence.
H
Yeah,
so
I
think
the
previous
council
did
not
provide
oversight
for
the
project
as
a
result.
Now
we
are
seeing
in
this
project.
It's
not
just
1200
units
of
affordable
housing.
It's
22
stories,
7
22
storage
towers,
overlooking
cartino
for
a
city.
Our
tallest
building
is
a
juniper
hotel.
That's
about
nine
stories,
so
this
two
times
of
juniper
hotel
three
times
of
apple
park.
Why
would
this
kind
of
project
be
eligible
for
administration
approval?
H
That's
a
question!
Everyone
should
ask.
How
could
this
even
happen?
Did
the
previous
city
council
approve
a
general
plan
to
allow
this?
H
They
didn't?
Actually
they,
the
the
sb
35.
The
build
text
took
advantage
of
something
that
the
city
didn't
do
as
a
result.
The
vulcan
site
did
not
have
a
height
limit,
so
they
could
essentially
build
a
skyscraper
there,
and
the
city
cannot
do
anything.
It
will
be
administrative
generally
approved
skyscraper.
H
That's
the
sb
certified
project
rule
that
applied
to
cupertino.
Is
that
fair?
Is
that
good
democracy?
It's
not
and
plus
this
sb35
project
is
supposed
to
have
two-thirds
residential
so
that
we
can
build
enough
residential
for
housing.
Everyone
here
is
for
housing
right.
So
I
hope,
if
you
are
truly
truly
truly
for
housing,
you
should
listen
and
really
find
out.
Is
house?
Does
velcro
project
really
qualify
for
how
sp
certified.
H
So
it
has
2.7
million
square
feet
of
residential.
According
to
its
plan,
1.8
million
square
foot
of
office,
0.4
million
square
feet
of
retail.
However,
if
you
add
up
all
the
residential
units,
it
only
accounts
to
2.2
million
square
feet
about
the
same
as
the
office
plus
retail
2.2
million.
It's
50
50..
H
H
Residential
has
more
than
one
hundred
percent
of
amenity
space,
while
they
are
giving
us
only
1200
tiny
studio
units,
300
square
feet
to
500
square
feet
of
tiny
units
with
nothing
for
families
when
they
could
have
easily
enlarged
the
residential
units
to
provide
actual
4.7
million
square
feet
of
residential
use,
then
we
could
have
1200
bmr
two
bedroom
units,
but
no
they
didn't
give
that
to
us.
So
this
is
the
kind
of
project
you
support.
If
you
are
really
truly
for
housing.
A
Thank
you
hold
on
hold
on
vice
mayor.
I
need
to
do
a
time
check
just
to
check
in
with
everyone
we
have
about
15
minutes
to
12.
and
I'm
committed
to
making
sure
that
our
meetings
this
year
get
done
by
midnight.
So
let
me
do
a
time
check
with
people.
Councilmember
moore,
I
know
your
hand
is
up.
Did
anyone
else
want
to
speak
after
vice
mayor
chao
as
well
so
council,
member
willie?
A
Let
me
give
us
an
allocation
of
about
five
till
the
hour,
approximately
ten
minutes
and
then
we'll
need
to
divvy
that
up
so
vice
mayor
chow.
Do
you
have
an
estimate
for
how
much
longer
your
commentary
goes?.
A
And
then,
with
the
remaining
time
councilmember,
why
did
you
have
further
commentary
that
you
wanted
to
make?
Okay,
let's
go
to.
A
Warren
councilmember
willie,
you
know
I
won't
be
exacting
about
it,
but
maybe
three
to
four
minutes
each
and
then
we'll
go
back
to
the
vice
mayor,
councilmember
moore.
F
Thank
you,
mayor,
paul
yeah.
I
do
appreciate
that
the
the
developers
architects
spoke
I'm
at
their
website
right
now
and
their
spring
2019
demolition
update
states.
This
april
we
received
an
exhaustive
1234-page
report
on
the
environmental
condition
of
the
valco
site
from
wsp
usa,
a
leading
environmental
construction
and
engineering
management
firm.
The
report
gave
the
valco
site
a
clean
bill
of
health,
confirms
that
the
site
is
appropriate
for
residential
use
and
concludes
that
no
further
investigation
or
cleanup
is
necessary
to
eliminate
any
remaining
doubt.
F
They
posted
the
eki
peer
review,
which
and
and
this
wsp
report-
and
that
is
the
last
bit
of
information
that
we
had
until
this
past
july.
What
we
were
told
was
that
the
site
was
clean
and
no
more
information
was
given
to
us.
Then
there
was
a
peer
review
conducted
by
the
city
starting
in
may
of
2019,
and
we
were
not
given
that
information.
F
Neither
did
the
developer,
who
was
receiving
these
reports
provided
to
the
public.
So
I
would
very
much
like
to
see
the
faqs
updated
and
fixed
for
the
public.
I
think
we've
done
and
the
developer
has
have
done
the
community
a
complete
disservice.
F
The
adjacent
site,
as
I
mentioned
earlier,
1933
valco
parkway,
is
deed,
restricted
from
housing
or
daycares,
and
there
are
no
recent
borings
to
determine
if
there
was
migration
of
contaminants
to
the
site.
We
will
continue
to
review
and
point
out
what
we
see
as
problems
with
the
contamination
and
now
with
our
new
council
and
consultants,
we
have
a
much
better.
We
are
in
a
much
better
place
with
regulate
regulators
involved
to
ensure
the
health
and
safety
of
our
community.
Thank
you.
H
J
Thank
you
mayor
so
kind
of
final
comment.
You
know
we're
here:
okay,
I'll
speak
for
myself,
I'm
here
for
one
reason
and
one
reason
only
and
that's
to
represent
the
community
to
make
sure
I
do
everything
I
can
to
protect
them,
that
they
can
go
to
sleep
at
night
and
know
their
kids
are
going
to
be
safe,
not
going
to
be
exposed
to
contaminants
who
would
have
thought,
but
the
fact
that
it
is
now
known.
J
J
J
J
J
It's
up
to
the
developers
to
look
at
the
community
and
say
gee
whiz.
I
can
make
money.
I
can
make
money
on
for
sale
units.
I
can
make
infinite
perpetua
perpetuarities
of
income
streams
from
a
partner,
and
I
don't
ever
have
to
give
them
the
keys
so
that
they
can
call
it
home,
but
is
that
the
right
thing
is
that
the
right
thing
for
people
to
not
have
that
hope.
J
So
we're
here
work
with
us,
the
pre
one
of
the
previous
mayors
reached
out
to
the
developer
at
falco
and
said
you
know,
come
talk
to
us
and
I
asked
him
a
couple
times
after
that.
Did
you
get
a
response?
J
J
A
Thank
you,
councilmember
willie,
vice
mayor
ciao,
very
briefly,
you'll
have
about
a
one-minute
wrap-up
before
we
go
on
to
staff
comments
and
future
agenda
items,
and
so.
H
H
We
can
only
approve
developers
need
to
build.
So
if
you,
if
you
truly
want
to
support
more
housing,
find
out
why
they
couldn't
build
what
other
conditions
there
are.
So
many
many
factors
involved
if
you
truly
care,
look
at
those
factors
not
just
blend
people
and
then
blend
cities
who
are
trying
to
do
their
best
yeah.
Thank
you.
A
Thank
you
vice
mayor
chow.
Well,
I'm
going
to
actually
sneak
in
last
word.
Look.
I
think
there
are
two
things
that
we
have
to
really
be
aware
of
right
here.
If
you
really
care
about
the
housing
issue
and
making
sure
that
we
can
spur
production,
I
can
tell
you
definitively
with
years
of
experience
on
council,
that
you
have
to
make
sure
that
inclusionary
zoning
becomes
reality.
A
It
is
like
twisting
arms
and
pulling
teeth
to
get
some
to
the
point
where
they're
willing
to
deliver
on
these
on
these
promises,
and
so
the
two
projects
that
we've
had
in
front
of
us
tonight,
they're
good
in
that
sense
they're
they
are
inclusionary
zoning,
they're,
technically
conclusionary,
something
I
love
to
see
them
more
interspersed,
but
one
step
at
a
time.
Second,
you
know
we
need
a
lot
of
money
for
transit
infrastructure.
A
There
is
a
lot
going
on
that's
wrong
with
regard
to
how
we've
planned
out,
you
know,
transit
and
how
we're
going
about
effectuating
it.
I
would
say
you
know
the
fees
are
the
tip
of
the
iceberg.
There
is
relatively
an
e-limited
amount
of
funding
that
we
could
put
in
to
make
appropriate
infrastructure.
So
thank
you
very
much.
We
stand
ready
to
work
with
you
and
we
have
been.
A
You
know
whether
you
realize
that
or
whether
you
don't
or
whether
you
appreciate
it
or
whether
you
don't
in
30
years,
your
kids
and
your
grandkids
are
going
to
live
in
a
cleaner,
safer
and
better
environment
for
the
effort
and
the
pain,
and
you
know
very
frankly,
the
untoward
and
completely
undeserved
dispersions
that
have
been
cast
by
people
that
are
doing
the
real
work.
So
thank
you
very
much.
A
We'll
continue
doing
that
and
we
look
forward
to
great
things
from
everyone
sincerely
all
right,
we're
on
to
council
and
staff
comments
and
future
agenda
items.
Let
me
start
with
our
interim
city
manager.
Greg
larson.
Did
you
have
anything
as
a
staff
comment
before
I
turn
this
over.
A
Okay,
very
good,
my
fellow
council
members,
I'm
going
to
ask
you
to
keep
this
constrained,
encapsulate
both
your
comments
and
future
agenda
items.
If
you
don't
have
that
ability
within
a
minute
30
seconds,
even
please
relegate
it
to
a
written
comment.
You
can
email
it
to
me.
I
will
you
know,
work
on
it
with
our
city
manager,
council,
member,
more
than
council
member
way.
F
Okay,
thank
you,
mayor
paul.
I
I
really
appreciated
vice
mayor's
cross
sections
that
were
shared
of
the
project.
However,
the
way
that
they
put
the
parking
garages
in
the
project,
the
all
of
the
underground
parking
you
have
3.4
million
square
feet
of
non-residential
underground
parking,
which
was
not
counted
in
the
plan
and
the
above
ground.
1.4
million
residential
parking
was
counted
towards
the
residential
side.
F
I'd
like
to
see
our
municipal
code
for
how
we
calculate
square
footage
address
this
issue
so
that
we
do
not
have
this
in
equity,
and
I've
also
noticed
in
the
in
the
mentioning
of
the
changes
to
the
sb
35
law
that
they
are
working
at
making
it
so
that
you
don't
count
anything
that
is
underground,
so
it
is
truly
tailor-made.
If
you
look
at
who's
supporting
the
project,
you
will
see
the
developer's
name
on.
L
Thank
you,
mayor,
paul,
real,
quick
and
just
would
like
to
get
an
update
in
maybe
next
council
meeting
about
our
city,
manager's
search.
A
Okay,
very
good.
I
think
we
should
be
able
to
yeah
have
that
information
provided
councilmember
was
it
willie
or
and
then
vice
president
councilman
willie.
J
So
our
city
manager
sent
us
an
email
with
the
quarterly
update,
I
believe
he's
calling
it
for
the
work
plan.
Items
which
I
think
is
great.
I
haven't
read
the
updates
yet,
but
I
would
be
asking
that
for
the
top
10
that
the
city
manager
actually
give
an
update
at
our
council
meeting,
we
I
feel
we
need
to
get
the
community
more
involved
in
telling
the
community
to
go
to
the
website
and
go
read
the
work
plan
when
we've
got
50
work
plan
items
bring
the
top
10
and
share
with
the
community.
J
What
has
been
has
been
done
with
lehigh
with
lawrence
niddy
park,
the
homeless
jobs
program,
okay,.
A
Top
ten
lists
we'll
try
to
get
it
to
you
in
the
next
meeting
or
in
the
first
meeting
in
october.
Vice
mayor,
ciao,.
H
A
Okay,
we'll
follow
on
that.
That's
a
that's
a
good
question.
We're
at
midnight
did
you
have
anything
else?
I
don't
want
to
open
the
door
to
an
expansion
yeah,
it's
bound
to
dialogue.
Okay,
thank
you.
Thank
you
very
much.
I
think
that's
a
good
book
end.
You
know
I
I
thank
everyone.
You
know
truly,
you
know
my
theme
this
year
is
gratitude.
A
I
I
felt
like
it
was
the
right
thing
to
do
to
try
to
embrace
that,
because
it's
the
best
common
denominator
to
keep
a
harmonious
community
and
get
things
done
and
in
a
way
that
you
know
you
sometimes
have
to
absorb.
You
know
the
slings
and
arrows
so
to
speak,
but.
M
A
Worth
it
for
everyone
in
the
end,
so
thank
you
very
much
for
being
a
part
of
us
that
endeavor
with
us
and
I
bid
you
a
good
night,
and
I
will
adjourn
this
meeting
until
september
21st
and
bless
you
all
and
we'll
see.
You
then
take
care
good
night.