►
Description
Coverage of the Cupertino City Council Teleconference Meeting, recorded on Tuesday, September 7, 2021. Part 1 of 2.
B
B
Here
great,
thank
you,
madam
city
clerk.
Our
first
item
on
the
agenda
item
number
one
is
a
ceremonial
matter:
it's
a
proclamation
recognizing
september
as
national
preparedness
month,
and
there
will
be
a
presentation
of
proclamation
recognizing
september
as
national
preparedness
month.
Mr
interim
city
manager,
greg
larson.
Is
there
anybody
from
staff
that
would
like
to
give
a
few
words
with
regard
to
this
proclamation.
B
Oh
sorry
greg
your
audio's
a
bit
choppy.
Unfortunately,.
B
E
Mayor,
thank
you
luncheon.
Thank
you.
Everyone
and
thank
you,
mr
mayor
vice
mayor,
chow
and
council
members
and
city
manager,
greg
larson.
My
name
is
tom
chin,
I'm
the
cupertino's
emergency
manager
and
I'm
joined
actually
by
ken
erickson,
our
cupertino
citizen
corps
coordinator,
and
we
are
honored
to
represent
the
city,
the
staff
and
the
community
in
accepting
this
proclamation
by
the
city
council
in
support
of
national
preparedness
month.
E
As
noted
in
the
proclamation,
the
last
few
years
have
repeatedly
hit
our
community
and
our
nation
with
devastating
emergencies.
Yet
I
remain
optimistic
about
our
future.
Emergency
management
response
and
recovery
capabilities
from
all
hazards
been
inspired
by
this
community's
resiliency
and
passionate
civic
engagement,
demonstrated
by
the
cupertino
citizen
corps,
block
leaders
and
neighborhood
watch
volunteers
as
highly
motivated
members
of
the
community.
These
volunteers
represent
the
greatest
example
of
what
national
preparedness
month
reminds
us
to
do
all
year
round
as
critical
partners.
E
However,
preparedness
is
not
a
destination,
but
a
journey,
and
I
join
the
mayor
and
our
city
council
in
encouraging
all
members
of
the
community
to
prepare
to
protect
everyone.
You
love
by
participating
in
our
incredible
emergency
management,
volunteer
programs,
the
cupertino
citizen
corps,
block
leaders
and
neighborhood
watch,
and
also
signing
up
today
for
alert
scc
at
alert
scc.org.
E
B
Thank
you,
tom
much
appreciated
on
behalf
of
our
city
council.
I
want
to
commend
you
and
the
team
for
doing
such
an
excellent
job.
I've
recently
sat
in
on
one
of
your
meetings
with
regard
to
our
volunteer
corps
and
emergency
preparedness.
I
thought
you
did
an
excellent
job,
stewarding
and
moderating
it.
So
thank
you
for
your
efforts
in
particular
as
well,
and
hopefully
we
can
keep
expanding
upon.
What's
been
done
up
to
this
point,
so
congratulations
and
thank
you.
B
Great
okay,
so
we're
on
to
item
number
two,
but
before
we
go
to
item
number
two,
let's
see
whether
there
are
any
postponements
and
orders
of
the
day
with
regard
to
the
city,
council
or
members
of
the
public
wanting
to
arrange
items
in
the
meeting
in
a
in
a
different
order,
is
there
anything
anyone
I'll
go
by
show
of
hands?
I
don't
see,
I
don't
see
hands
up
at
this
point
and
so
I'll
go
on
to
the
next
item.
B
We
have
oral
communications
and
oral
communications
is
for
any
item
that
is
not
on
the
agenda.
Members
of
the
public
will
have
three
minutes
to
speak.
Please
have
your
hand
raised
by
the
time.
The
first
speaker
is
done.
Speaking
if
your
hand
is
raised
by
that
time,
then
I
will
call
on
you
again.
You'll
have
three
minutes
and
after
the
first
speaker
is
done
speaking,
I
will
read
out
the
names
of
the
hands
that
are
raised.
So
I
see
two
members
of
the
public
with
their
hands
raised.
F
F
Thank
heavens
for
this
tablet
seems
to
be
behaving
itself.
Yes,
I
just
wanted
to
start
out.
F
I
am
very
very
concerned
that
there
is
something
going
on
in
sacramento
with
our
politicians,
because
sb9
and
sv10
have
evidently
been
voted
in
mass
by
the
assembly
and
legislative
senators
branch,
and
I
would
say
right
now:
75
of
the
people
in
california
do
not
want
these
two
bills,
but
yet
I
have
seen
time
and
time
again-
and
I
have
spent
a
great
deal
of
my
life
in
the
last
month
with
these
bills
calling
legislative
people
where
the
legislative
people
do
not
respond
to
their
constituents.
F
Senator
cortezi
and
evan
lowe
both
voted
on
these
bills.
Cartesia
is
a
a
co-author
of
nine,
and
I
can
tell
you
right
now:
there
is
gonna,
be
chaos
in
bedlam
if
nine
and
ten
are
non-vetoed
by
the
governor.
F
I
am
completely
concerned
that
there
is
a
hidden
agenda
going
on
in
sacramento
that,
for
some
reason
the
public
is
being
left
out
of,
and
that
means
we're
talking
about
money
socialist,
I'm
going
to
call
it
a
left
socialist
dictatorship.
That's
going
on.
There
are
indications
that
they're
going
for
washington
dc,
and
I
yes
I
you
know
I
hate
everybody
else-
has
their
own
problems
and,
like
everyone
else,
they
have.
F
F
One
of
them
is
unconstitutional.
The
voter
part,
with
the
initiative
in
pin-
and
I
can
tell
you
right
now-
whoever
wrote
nine
and
ten
have
very
little
practical
experience
with
land
use.
You
cannot
do
a
ministerial
lot
split,
it
is
impossible.
You
have
to
have
a
surveyor
and
has
to
be
registered
at
the
county.
So
I
give
these
two
bills
a
vote
of
no
confidence,
and
I
think
that
we
need
to
have
a
really
good
look
at
what
is
happening
in
sacramento.
F
G
H
B
In
mid-sentence
you're
a
microphone
muted,
so
we
couldn't
hear
you,
after
about
20
seconds
into
your.
B
G
G
G
G
There
was
no
verbal
report
in
the
recorded
counsel
session.
What's
wrong
with
this
process.
Well
guessing
when
a
closed
session
ends
is
a
crapshoot,
so
the
open
session
is
a
farce,
bearing
the
report.
In
minutes
that
become
public
anywhere
from
two
to
four
weeks
later
is
not
transparency
as
a
member
of
the
public.
I
expect
this
council
to
be
more
transparent
around
their
actions,
particularly
with
regard
to
litigation.
G
I
There
is
now
a
statewide
thanks
person,
a
statewide
initiative
that
was
submitted
on
august
25th,
and
it
is
an
initiative
that
will
be
hopefully
if
all
signatures
are
gathered
be
on
the
november
2022
general
election
ballot
and
what
it
will
do
is
allow
citizens
of
cupola.
Excuse
me,
california,
the
entire
state
to
vote
on
whether
they
want
to
basically
have
repealed
all
these
soon
to
be
potentially
approved.
I
What
are
noted
as
housing
bills
and
also
bills
that
are
already
in
place
that
take
away
local
control
for
zoning
and
and
development
decisions,
so
fabulous
news
kirsten
the
next
slide
there.
There
is
a
website,
it's
californians,
for
community
planning
initiative,
but
the
website
is
communitiesforchoice.org
and
on
there
you
can
donate
to
the
cause.
I
B
C
Okay,
this
is,
and
I'll
just
read
until
I
time
out
if
it's
a
little
link
lengthy
from
beth
evan.
Thank
you
for
obtaining
the
final.
This
is
to
city
manager,
greg
larson,
hello,
mr
larson,
thank
you
for
obtaining
the
final
report
of
the
staffing
analysis
done
by
coffin
associates
and
forwarding
it
to
me
this
fulfills,
my
public
records
act
request
from
may
21st
2021.
It
is
unfortunate
that
you
and
the
city
council
needed
to
become
involved
once
the
responsive
city
staff
became
aware
of
the
missing
final
report
back
in
april
2021.
C
They
should
have
rectified
the
situation
themselves.
In
reading
the
report,
it
appears
that
the
analysis
was
just
a
classification
fte
position
clarification
rather
than
a
comparison
of
the
actual
work
done
by
the
city
of
cupertino's
staff
in
their
respective
departments
as
compared
to
the
work
done
by
their
peers
in
other
cities.
Job
titles
are
just
job
titles.
What
is
a
clerk
in
one
city
is
a
support
staff
too
and
another
in
another.
C
It
is
the
work
performed
or
the
volume
of
work
that
matters.
This
is
what
should
have
been
compared.
As
you
stated,
the
draft
report
was
flawed.
So
too
is
this
report,
I'm
skipping
over
the
examples
per
miss
evan's
recent
email,
but
it
is
posted
online.
C
Due
to
the
woeful
inconsistencies
contained
in
this
final
report,
it
can
be
suggested
that
this
report
has
been
tailored
to
reflect
a
desired
narrative,
a
narrative
that
calls
for
a
reduction
in
the
city's
payroll
liability,
the
human
resources
manager
and
the
administrative
services
director
made
staffing
changes
based
upon
the
recommendations
contained
in
a
flawed
draft
report.
They
implemented
these
changes
without
the
direction
of
or
the
acknowledgement
of
the
city
council.
The
analysis
was
concluded
in
december
2020
and
the
final
report
and
presentation
should
have
been
made
to
the
city
council
in
early
2021.
C
That
did
not
happen.
It
is
unconscionable
to
me
that
these
draft
recommendations
were
enacted
prior
to
receiving
some
feedback
from
the
city
council.
After
implementation
of
these
unvetted
recommendations,
the
city
had
an
unrepresented
10
employees
retire
within
within
a
two-week
time
span.
There
was
also
a
few
other
employees
who
were
terminated
as
their
positions
no
longer
existed.
Some
of
the
10
retirees
were
forced
to
retire
early
due
to
the
loss
of
or
reclassification
of
their
position.
C
This
early
retirement
has
cost
these
retirees
not
only
their
career,
but
tens
of
thousands
of
dollars
in
lost
pension
benefits,
in
addition
to
the
emotional
loss.
When
I
asked
several
times
why
the
changes
to
my
position
couldn't
have
waited
until
my
planned
retirement.
I
got
no
answer
which
leads
me
back
to
the
budget
narrative.
The
long-time
employees
hired
before
2003
needed
to
go.
Our
employment
contracts
had
become
expensive.
I
get
it.
The
city's
revenues
are
down
due
to
cobit
19..
However,
the
final
report
had
been
presented
to
the
council
in
early
2021.
C
There
would
have
been
time
to
put
together
a
budget
that
phased
or
transitioned
payroll
liability.
Accruals
communication
with
the
affected
employees
could
have
happened.
I
found
out
later
that
supervisor
had
been
instructed
not
to
talk
to
their
employees
and
what
was
happening
to
them.
Questions
were
to
be
referred
to
hr.
Instead,
employees
were
demoralized
and
shuffled
off
to
calpers
or
left
to
find.
Another
position
elsewhere
looks
like
I'm
out
of
time.
So.
B
B
It
is
something
that
is
reflective
of.
You
know
common
practice,
but
also
it
indicates
the
public
immediately
when
we
have
these
reporting
back
out
of
closed
sessions.
So
I've
checked
in
with
the
city
attorney
as
well
as
to
whether
there
is
further
reporting
out
advisable
or
necessary.
I've
been
told
that
it
is
not
something
that
we
would.
B
We
would
be
advisedly
doing
and
given
the
fact
that
we're
reporting
out
once
I
I
think
that
and
immediately
after
the
closed
session
for
that
matter,
I
think
that
actually
optimizes
transparency,
so
I
just
wanted
to
you
know
make
note
of
that,
and
you
know
I
I
do
want
to
thank
members
of
the
public
for
pointing
things
out,
but
you
know
a
lot
of
the
times.
B
It's
just
simply
incorrect
that
you
know
we're
having
certain
accusations
leveled
at
us,
and
I
just
want
to
be
able
to
clear
that
up
and
also
notify
the
public
that
our
practices
are
optimized
for
transparency
and
and
knowledge
of
the
community.
Thanks
are
there
any
other
reports
out
by
council
I'll
go
by
order
of
hands
here.
K
Thank
you,
mayor
paul,
so,
just
briefly,
on
august
26th,
at
10
o'clock,
I
attended
the
silicon
valley,
business
journals
webinar
on
climate
change
and
business,
and
it's
really
interesting.
It
emphasizes
investment
in
business
that
would
change
from
fossil
oil
to
clean
energy.
How
policies
can
change
businesses
emphasize?
So
I
think
a
lot
of
us
also
went
to
the
cubicle
chamber.
Star,
award
and
mayor
suppose
was
always
there.
K
We
gave
a
lot
of
awards
to
the
bose
districts,
employee
of
the
year,
the
firefighters
and
the
police,
and
then
also
small
business
and
big
business.
So
it's
a
really
pleasant
thing
to
do,
and
I
want
to
say
that
I
attended
this
on
august
31st,
the
city
of
saratoga's
housing
element
special
meeting,
hosted
by
the
city
of
saratoga
and
its
planning
commission.
So
I
just
I
want
to
see
firsthand
how
other
cities
move
forward
with
their
housing
element.
So
when
we
do
that,
we,
you
know
we're
kind
of
have
a
precedence
already.
K
So
it
is
a
very
interesting
meeting.
They
do
have
a
lot
of
public
comments
and
we
all
attended
the
farewell
party
for
our
city
attorney
had
a
minor.
It's
really
nice
to
see
her
in
prison
and
her
two
kids
and
on
august
september,
4th
mayor
and
vice
mayor
and
john,
was
also
there
for
the
taiwan
center
for
mandarin
learning
at
limburg
high
school.
K
L
Yeah
for
those
of
us
with
children,
just
a
a
quick
reminder
for
those
of
us
with
children,
our
kids
are
back
in
school,
and
that
means
traffic
and
kids.
Those
without
children,
maybe
are
not
aware
that
the
kids
are
back
on
their
bicycles
back
on
their
way
to
school,
and
the
traffic
is
bad
around
schools.
Safety
is
first
and
foremost.
L
J
Hi
yeah,
I
also
attended
the
opening
for
the
mandarin
learning
center
and
they
accept
a
doubt.
So
all
council,
members
staff,
members
and
teachers
can
learn
some
mentoring
at
linkbonki.
J
So
and
I'd
like
to
mention
that
cupertino
union
is
now
restarting
the
talk
of
school
closure.
They
are
targeted
to
identify
a
site
by
september
23rd,
so
this
thursday's
meeting
will
be
talking
about
site
selection.
This
is
even
though
now
copper
tino
is
in
good
financial
status,
which
is
43
million
dollars
expected
actually
actual
ending
balance
from
last
year
because
of
extra
funding
from
the
governor,
but
then
they
are
still
trying
to
close
schools.
So
if
community
members
are
concerned
about
that,
you
should
pay
attention.
B
Great,
thank
you
vice
mayor
chow,
I
don't
have
further
hands
raised
and
so
I'll
go
ahead
and
move
on
to
our
item
number
three,
which
is
our
city
manager,
update
on
emergency
response
efforts.
Mr
city
manager,
larson
welcome.
D
Thank
you,
and
hopefully
I've
cured
the
sound
problem.
Mr
mayor
yeah,
there
you
are
thank
you
mayor
and
council.
I
did
want
to
give
you
a
brief
update
on
the
covet
update
for
cupertino.
I
will
keep
this
short
given
the
number
of
other
items
on
the
agenda
countywide.
There
are
136
and
333
cases
and
that's
an
increase
of
2250
from
last
week
and
results
in
a
seven
day
average
of
360
cases,
which
is
19
more
than
existed
previously
for
cupertino.
D
D
B
Thank
you
greg
appreciate
it
work
well
done,
for,
I
believe
your
first
complete
month,
or
perhaps
even
two
by
this
point
with
cupertino,
so
we're
on
to
item
number
four,
which
is
israel.
M
Thank
you,
mayor
paul,
so
I
was
wondering
greg
for
members
of
the
public
who
wish
to
let
the
city
know
that
they
have
an
issue
some
problem
in
the
city.
How
would
you
best
suggest
that
they
contact
the
city
through
what
means
what
email
or
or
311,
what
would
you
like.
D
Thank
you
very
much,
councilmember
moore,
that's
a
question.
We
love
to
get
for
almost
any
service
item
related
to
the
city.
It
is
much
more
efficient
and
effective
to
respond
through
the
city's
3-1-1
website,
because
then
it
goes
automatically
into
our
workflow
flow
and
the
department,
heads
and
myself
can
track
the
city
staff
responsiveness
to
the
community
items
so
using
311.org
is
the
best
and
you
can
find
that
on
our
website
as
well.
B
K
Thank
you,
mayor
paul,
so
I
have
two
items:
let's
see,
sorry
about
that,
my
thing's
upside
down
august
18th
at
9
a.m.
I
attended
a
silicon
valley,
clean
energy
audit
committee,
meeting
chair
mike
and
jeff
had
trouble
with
his
audio,
so
I
chaired
the
meeting
and
the
silicon
valley.
Clean
energy
is
doing
very
well
and
they
have
various
kinds
of
you
know:
audit,
that's
really
forward-looking,
and
on
august
19th
we
have
a
very
our
very
own
cupertino
disaster
council.
Where
an
an
evaluation
platform
called
know.
K
M
All
right,
thank
you,
mayor
paul,
so
on
august
30th
I
attended
the
audit
committee,
where
we
had
a
robust
budget
format
discussion
and
then
on
august
12th.
I'm
sorry
on
on
september
2nd
I
reported
the
actions
of
the
august
12th
vta
pac
meeting
to
the
vta
board,
which
included
a
a
really
great
discussion
about
the
tasman
and
bascom
corridors,
and
we
will
have
a
vta
pac
meeting,
which
I
chair
this
thursday
september
9th
at
4
pm.
Thank
you.
B
Why
smartshelf
you
could
unmute
your
microphone?
Oh.
J
Sorry
so,
on
this
august
30th,
I
attended
the
audit
committee
meeting
also
and
the
budget
format
review
is
reviewing
whether
the
budget
is
presented
in
a
format,
that's
easy
or
to
understand.
For
the
rest,
so
the
pdf
version
was
reviewed,
but
then
the
online
version
hasn't
been
looked
at,
but
the
city
really
the
opengl
platform,
provides
a
very
interactive
online
chart
and
tables,
and
I
encourage
you
to
google
cupertino
budget
at
a
glance.
The
budget
at
the
glance
used
to
be
a
two-page
document.
Now
it's
an
interactive
pdf
document.
J
You
can
click
on
any
chart
and
that
will
bring
you
to
another
web
page
with
more
detailed
information
to
check
it
out,
and
today
I
attended
the
santa
clara
center
cruise
airport
noise
roundtable
meeting
where
they
have
a
detailed
report
of
subcommittee
trying
to
look
for
a
workable
fiscal
agent
for
the
roundtable,
and
then
there
is
a
budget
amendment
for
unexpected
legal
expenses.
Due
to
some
hr
complaint
that
I
we
will
need
to
bring
to
the
council
to
request.
J
Expanded
budget
for
next
year
and
yeah,
but
then
there
is,
we
are
objecting
to
some
of
the
charges
by
the
cities
association.
So
there
is
a
continuing
discussion
with
them.
Thank
you.
B
L
Yeah,
so
it
didn't
have
committee
meetings
this
time,
but
there
was
still
something
noteworthy
to
mention.
You
know
the
silicon
valley.
Regional
interoperability
is
what
provides
our
new
silicon
valley,
emergency
communications
system
up
and
running.
We
heard
that
you
know
it
was
very
effective
with
the
vta
yard,
shooting
and
stuff.
Well
what
transpired,
over
the
last
month
month
and
a
half
in
south
san
jose
morgan
hill,
someone
was
actually
able
to
jam
that
communication
system.
L
You
know
that
we
would
be
relying
on
so
that
instance
is
taken
care
of.
We
can
sleep
well
now
at
night,
but
just
rest
assured.
We
still
got
to
be
very
astute
to
the
things
that
can
be
going
on.
So
that's
it.
Thank
you.
Everyone.
B
Thanks
for
your
service
on
that
councilman
willie,
and
I'm
really
glad
to
hear
that
they're
ironing
out
problems
as
they
arrive
as
the
representative
on
svria
from
cupertino
for
the
last
couple
of
years.
Before
this
it
was
really
nice
to
see
the
system
get
online,
and
I
know
this
group
does
a
really
good
job
of
considering
all
the
various
issues,
including
privacy,
or
what
agencies,
including
you
know,
the
federal
government
agencies
might
have
access
and
a
process
for
it.
So
it's
really
nice
to
hear
that
the
stewardship
is
continued
in
a
in
a
positive
manner.
D
B
First
of
all,
apologies
for
you
know
not
being
able
to
chair
the
last
regularly
scheduled
council
meeting.
I
I
think
it
might
be
my
first
one
in
in
seven
years
that
I
missed,
but
I
I
was
just
so
so
under
the
weather
I
I
was
knocked
out
for
about
a
week.
It
was
not
coved,
but
I
thank
vice
mayor
ciao
for
taking
over.
You
know
ushering
that
meeting
forward.
I
won't
make
my
reports
out.
B
You
know
in
the
interim,
you
know
between
july
and
the
august
meeting,
but
I'll
go
ahead
and
indicate
that
we
did
have
a
vta
board
meeting
last
week
prior
to
that
the
week
before
interim
city
manager,
greg
larson,
and
I
did
talk
to
the
new
executive
director
of
vta,
and
I
appreciated
greg's
time
and
being
willing
to
do
that,
as
well
as
the
head
of
their
government
of
government
affairs,
a
gentleman
named
jim
lawson,
who
used
to
be
a
council
member
in
milpitas
at
the
time
that
greg
larson
greg,
was
actually
the
the
city
manager
there.
B
So,
in
keeping
with
the
idea
of
keeping
up
good
relations
back
in
2018,
I
also
met
with
then
executive
director
of
vta
nuria
fernandez.
You
know
I
want
to
make
sure
that
we're
keeping
those
channels
of
communication
open,
because
I
know
that
this
is
a
very
far-ranging
endeavor
transit's,
so
incredibly
important.
It's
often
overlooked,
but
the
fact
of
the
matter
is
irrespective
of
where
we
place.
You
know
particular
items.
Transportation
is
going
to
be
a
critical
part
of
our
infrastructure.
B
Our
area
and
our
particular
our
city
in
particular,
has
worked
very
hard
in
the
past
to
ensure
that
we're
treated
equitably
with
regard
to
the
agency
and
in
an
effort
to
do
that
in
2016,
we
managed
to
help
get
350
million
dollars
set
aside
of
measure
b
funding
which
did
pass
for
the
west
valley
and
485
corridor,
and
so
things
like
that
and
contemplating
you
know,
do
we
actually
have
functional
transit,
something
that's
forward-looking
into
the
future,
serving
the
west
valley,
along
with
a
slew
of
other
issues
that,
admittedly
go
along
with
that
right.
B
B
But
these,
of
course,
are
the
types
of
you
know,
balancing
acts
that
we're
always
asked
to
do,
and
I
want
to
thank
my
colleagues
on
council
for
their
continual
support
and
their
continual
work
along
those
lines
where
you
know
a
lot
of
these
types
of
things
where
we're
thinking
about
these
issues
get
completely
unacknowledged
and
unrecognized.
B
But
we're
constantly
thinking
about
these
issues
and
as
a
as
a
result,
the
service
to
the
public
and
things
like
infrastructure
and
public
safety
are
greatly
enhanced,
and
so
you
know
thank
you
to
my
colleagues
as
well
as
to
greg
as
well
for
helping
us
move
the
ball
forward
in
a
hopefully
effective
fashion
for
the
future.
The
other
item
that
I
was
attending
was
the
west
valley,
mayor's
managers
meeting,
that's
the
five
west
valley,
cities
of
campbell,
los
gatos,
saratoga,
us
and
montessorino.
B
We
meet
on
a
monthly
basis
for
the
mayors
and
city
managers.
I
know
greg
had
a
previous
engagement
at
that
point
that
he
had
to
take.
We
had
a
good
meeting,
we're
talking
about
things
like
reopening,
but,
of
course,
delta
varian
of
covet
is
giving
us
all
a
bit
of
a
you
know
a
curveball,
so
we'll
wait
and
see
there,
but
suffice
to
say
we're
doing
everything
that
we
can
in
order
to
help
ensure
safety
and
and
the
health
of
our
of
our
populations.
B
So
thanks
very
much
that'll
be
my
report
for
the
last
couple
of
weeks,
we're
on
to
items
number
five
through
ten.
I
believe
it
is
on
the
consent
calendar.
Would
anyone
like
to
pull
an
item
on
consent,
I'll,
go
to
counsel
first
and
then
go
to
the
attendees?
B
M
B
Okay,
very
good,
and
I
will
now
go
to
our
our
attendees.
I
see
paul
soto-
has
a
hand
raised
so
I'll
pose
a
question
to
our
member
of
the
public.
Would
you
like
to
request
that
an
item
be
pulled
from
the
consent
calendar
paul
and
if
you,
if
you
would
just
unmute
your
microphone,
if
your
hand
is
raised
for
another
item,
then
we'll
just
just
you
can
keep
your
hand
raised.
But,
okay,
I
don't
see
the
member
of
the
public
unmuting
and
experience
yes.
N
Yes,
it
was
thank
yous.
My
apologies
for
the
delay.
Okay,
my
name
is
paul.
My
name
is:
do
you
have
a
timer.
B
N
Me
wow
I
go
to.
I
attend
san
jose
city
council
meetings
and
I
have
never
been
asked
that
question.
Never
so
I
thank
you
for
extending
that
courtesy.
That's
very
kind
of
you,
but
no.
I
just
had
a
general
comment
about
the
about
the
consig
calendar.
B
Oh,
a
general
comment
on
consent:
okay!
Well,
let
me
do
this:
let's
go
ahead
and
get
that
consent,
calendar
motion
put
forward
and
then
I'll
go
back
to
your
comment
at
the
general
matter
and
then
we'll
go
to
item
number
nine
perfect.
B
So
going
back
to
council,
may
I
have
a
motion
for
items
five
through
eight
and
item
ten
for
consent,
and
I
see
councilman
willie
with
the
hand
raised.
L
Yeah
I'll
move
to
accept
consent
items
five
through
eight
and
ten.
B
C
B
N
Yes,
can
I
please
be
extended
a
courtesy
of
maybe
10
seconds.
Do
you
give
two
minutes
correct?
We
give
three
minutes
so,
okay,
that's
plenty
there!
That's
plenty
I'll
make
it
within
that
time.
Thank
you.
First
of
all,
my
name
is
paul
soto,
I'm
from
an
area
of
san
jose
called
the
horseshoe
and
it's
the
it's
the
gardner
area
and
it
was
designated
d11.
N
If
you
look
on
the
redlining
map
and
I'll
tie
this
together
and
so
on
the
redline
map,
when
you
look
at
it,
we
were
d11,
which
is
the
lowest
lowest
possible
grade
that
you
could
have
received
in
that
1939
map.
Now
I
grew
up
in
that
area
that
was
literally
deprived
of
a
lot
of
resources.
N
I
mean
just
schools,
I
mean
the
the
tentacles
of
redlining
and
the
way
that
it
impacted
the
communities
that
it
was
designed
to
impact
are
are
endless,
but
what
puzzled
me
was
its
proximity
to
the
richest
in
the
grade
a1
area,
so
we
were
literally
one
railroad
track
across
from
it
from
all
glen,
but
yet
we
were
graded,
the
lowest,
and
these
things
picked.
My
curiosity
now
on
september,
14th
we're
going
to
have
the
caltrain
high
speed
train
and
now
I'm
tying
it
back
in
to
the
consent.
N
Is
that
the
you're
going
to
have
to
have
four
tracks
that
are
going
to
go
through
there
and
what
they
did?
Is
they
granted
historical
landmark
status
to
one
end
of
the
on
the
south
end
of
those
railroad
tracks
that
separated
d11
from
a1
and
and
and
so
they
they
strategically
set
that
in
place
so
that
the
tracks
would
go
on
the
horseshoe
side,
where
I
grew
up
and
so
vta
a
lot
of
this
covered
money.
You
know
getting
to
the
american
foot.
A
lot
of
this
code
is
going
towards
that.
N
I
would
just
like
to
remind
you
that
I'm
a
part
of
the
population
that
suffered
25
the
most
total
deaths,
25
of
the
deaths
in
this
county
and
50
of
the
infections
inside
san
jose
and
and
so,
and
that
is
what
this
money
is
for.
This
money
is
because
of
covet
now
the
highest
price
that
anybody
in
this
county
paid
for
that
money
that
you're
going
to
be
spending
to
fortify
that
kind
of
infrastructure.
N
B
Paul,
thank
you
very
much
for
your
comment.
You
know
I
I
didn't
stop
you
and
I
appreciate
your
connection
to
consent,
calendar
verbally
and
there
was
no
point
of
order
called,
and
I
I
I
just
want
to
express
the
welcoming
nature
of
our
city
and
we're
happy
to
hear
the
comment.
I
I
think
probably
it
was
better
placed
in
oral
communications
but
understood
if
there
was
a
a
mix-up
in
that,
but
welcome
and
we'll
move
on
with
the
rest
of
our
consent.
B
B
So
that's
an
amount
of
4.8
million
approximately
and
madam
well,
not
madam
city
clerk.
But
let
me
start
with
councilmember
moore.
Is
there
a
comment
that
you
wanted
to
make
on
this
item
from
the
outset,
so
that
we
can
direct
any
staff
discussion
on
this.
M
Thank
you,
mayor,
paul,
so
zach.
I
was
wondering
if
you
could
just
very
simply
walk
us
through
the
pages
three
and
five
and
four
of
the
five
page
staff
report
and
and
just
provide
a
little
bit
of
overview
for
how
the
percentages
were
allocated
on
page
three,
I
think
that's
pretty
straightforward
and
then
the
decision
making
on
page
four.
M
So
I
don't.
I
don't
question
the
the
the
choices
I
would
just
like
them
for
for
the
public's
knowledge
to
understand
how
the
choices
were
made.
Thank
you.
O
Absolutely
good
evening,
honorable
mayor
vice
mayor
council
members,
zach
coraj
finance
manager,
so
councilmember
moore
as
referenced
and
beginning
on
page
three
of
the
staff
report.
What
we
had
what
we
had
proposed
to
do
is
take
the
4.8
million
dollars
that
the
city
received
in
may
of
2021
and,
first
and
foremost
direct
or
allocate
that
funding
towards
revenue,
loss
or
revenue
replacement
and
in
order
to
better
substantiate
the
use
of
those
dollars
not
just
simply
towards
revenue
loss.
But
how
are
we
actually
spending
those
dollars?
O
O
Great,
so
this
is
the
the
chart.
I
believe
that
you
were
referring
to
on
page
three
of
the
staff
report.
These
numbers
come
directly
from
the
fiscal
year
2122
adopted
budget
and
on
a
proportional
basis,
we
applied
or
calculated
the
amount
of
american
rescue
plan
funding
that
would
be
directed
or
transferred
to
each
of
their
respective
departments.
O
Totaling
the
4.8
million
dollars
we
move
along
to
page
4,
and
we
can
see
again
in
order
to
better
substantiate
the
actual
expenditure
or
use
of
these
dollars.
We
wanted
to
explicitly
call
out
line
items
from
the
fiscal
year,
2122
adopted
budget
that
city
council
had
approved
and
note
them
here
specifically,
this
is
really
for
purposes
of
when
the
city
is
audited.
On
the
back
end
and
being
able
to
substantiate
the
actual
use
of
these
funds,
we
started
in
terms
of
methodology
for
identifying
items
from
the
fiscal
year
2122
adopted
budget.
O
We
started
with
the
city
work
program
and
then
identified
other
core
services.
Examples
would
include
library,
services,
law
enforcement
funding
for
street
payment
maintenance,
but
really
that
would
be,
I
would
say,
the
the
majority
of
the
methodology
in
determining
which
line
items
to
fund
not
to
say
apply,
appropriations
for,
but
just
to
fund
with
the
american
rescue
plan
dollars.
M
L
I
did
have
a
question
while
you
have
that
up
on
the
slide,
yeah.
Of
course
I
my
eyes:
zero
in
on
the
community
development
homeless,
jobs
program.
So
is
the
homeless
jobs
program
going
to
get
200
000
of
that
funding,
and
would
they
would
our
jobs
program
that
is
in
the
work
plan?
Would
it
have
been
underfunded
without
this.
O
That's
a
good
question.
The
short
answer
is
no
it.
It
was
funded
as
part
of
the
fiscal
year
2122
budget.
It
was
theoretically
funded
through
unassigned
fund
balance,
as
well
as
it
would
be.
A
combination
of
unassigned
fund
balance,
as
well
as
any
anticipated
revenues
that
the
city
would
be
receiving
during
the
current
fiscal
year.
O
What
this
is
this
recommendation
is
doing
is
establishing
a
mechanism
for
substantiating
the
actual
use
of
the
american
rescue
plan
dollars
and,
as
you
pointed
out,
the
homeless
jobs
program
is
just
one
of
those
items
that
will
receive
funding
directly
from
american
rescue
plan
act,
but
I
think
to
answer
your
direct
question:
if
the
city
was
not
a
recipient
of
the
rescue
plan
award
dollars,
the
homeless
jobs
jobs
program
would
still
move
forward.
It
was
still
funded
by
the
general
fund.
B
Great
thank
you
very
much
for
that
question.
Councilmember
woolley
and
thank
you
for
councilmember
moore
bringing
this
forward.
Let
me
go
on
to
our
members
of
the
public
with
hands
raised,
and
I
remind
everyone
that
this
is
item
number
nine
on
consent.
I
have
kathy
helgerson
as
well
as
paul
soto,
with
hands
raised
kathy,
welcome,
you'll,
have
three
minutes
and
I'll
remind
the
members
of
the
public
as
well.
That
you'll
need
your
hand
raised
by
the
time
kathy
gets
done
speaking
in
order
to
be
called
on.
Welcome
kathy.
P
Good,
I'm
so
glad,
okay,
I'm
concerned
about
the
homeless
job
program.
Can
you
tell
me
where
it
is
and
who's
part
of
it
or
who
heads
it
or
who
runs
it?
I've
never
heard
of
it,
and
I've
lived
here
in
cupertino
for
47
years
and
I'm
trying
to
help
the
homeless,
and
I
in
fact
I've
taken
in
a
homeless
person
he's
been
with
me
for
nine
months
and
I
need
to
get
some
help
for
him,
and
why
is
that?
Because
he
doesn't
have
a
visa
or
a
green
card.
P
He
got
stranded
here,
okay
after
he
went
to
school
at
the
ends
of
college.
He
got
stranded
here.
He
didn't
know
his
parents
were
even
alive
or
dead
for
10
years.
He
sat
on
a
picnic
bench
and
that's
where
he
was,
and
I
found
him
in
front
of
safeway
and
he
was
very
sick.
He
had
a
fungus
on
his
legs
and
feet.
P
He
I
didn't
know
what
was
wrong.
I've
helped
him
ever
since
nine
months.
He
helps
me
and
I
help
him
we're
friends.
Dogs
and
cats
are
treated
better
than
the
homeless.
I
also
helped
another
homeless
man
with
a
battery
for
his
car
and
he
was
starving
and
I
gave
him
food
and
money
and
he's
probably
gone
home.
Hopefully
I
tried
to
encourage
him
to
go
home.
I've
met
other
homeless
people
on
the
street
with
their
animals.
That's
another
big
problem.
P
We
need
to
help
these
people,
they
don't
trust
people
and
the
police
is
not
out
there
doing
anything
to
help
them.
We
have
to
help
them
as
a
city
there's
plenty
of
places
to
put
housing
up
for
them.
I've
sent
you
pictures
of
small
little
houses.
I've
sent
you
all
kinds
of
information
about
these
houses,
tiny
houses
you
can
get
on
the
web.
We
can
build
them
over
by
the
stockholmer
property.
Is
what
I'm
trying
to
do
something
about
right
now.
The
stock
of
is
in
terrible
condition.
P
We
need
to
do
something
about
it,
and
I
have
a
working
on
that
right
now
with
some
of
these
staff
people,
please
do
something
and
you've
probably
gotten
some
pictures
of
the
stockholmer
property
area,
and
you
all
know
why?
Don't
you
take
a
little
walk
over
there?
Okay,
that
area
and
that
property?
Could
be
used
for
housing
for
the
homeless,
kids
clocking
out
from
foster
care
teachers
seniors,
it
could
be
used
for
all
kinds
of
things.
Please
see
what
you
can
do
and
I'll
be
contacting
all
of
you
very
soon.
B
And
thank
you
very
much
kathy
I'll,
go
ahead
and
address
what
you're
saying
with
staff
and
ourselves
after
we're
done
with
the
public
comments
here,
and
so
we
have
paul
soto
with
a
hand
raised.
Welcome
back
paul
and
you'll
have
three
minutes
on
item
nine.
N
Okay,
thank
you
mayor
good
evening
council.
My
name
is
paul
soto
from
the
horseshoe
god.
It's
such
a
it's
such
a
privilege
to
to
be
on
this
council
with
a
woman
that
has
that
much
time
living
in
that
community
and
because
it's
you
can
tell
that
she
really
she
she
is
cupertino.
She
doesn't
live
there.
N
She
is
it
you
know,
and
so
it's
I
wish
there
was
some
way
that
I
could
get
her
might
give
her
my
number
but
anyways
the
the
allocations
you
have
about
2.3
million,
roughly
police
and
public
works.
N
This
is
this.
This
this
here
is,
is
it's
a
very
big
problem
because
nobody's
going
to
talk
about
that
you're
going
to
see
this
budget
go
through
this
one
go
through
that
one
go
through
and
nobody's
gonna
really
see
what's
really
going
on,
because
they
don't
know
about
this
400
000
people.
Now
this
is
fact
that's
already
been
confirmed
by
the
san
jose
city
council.
N
You
know
the
developers
have
decided
this
is
going
to
happen,
and
so
we
have
two
things
working
at
the
same
time
we
have
covid
and
we
had
gentrification
gentrification
was
already
in
process.
What
kova
did
is
it
put
a
it
put
like
a
kind
of
like
a
veil
on
top
of
it,
so
you're
not
dealing
with
the
gentrification
issues,
you're
in
covid
panic
mode,
and
so
so
those
kinds
of
issues
really
need
to
be
fleshed
out.
N
They
need
to
be
separated,
they
need
to
be
bifurcated
so
that
they
can
be
addressed
on
their
own
merits
and
that's
what
I'm
going
to
be
here
doing
in
all
the
cities
in
the
county,
I'm
going
to
be
centering
equity,
I'm
going
to
be
centering,
you
know.
Where
is
it
that
we
are
putting
these
monies
now?
I
saw
the
allocations
for
the
mental
health
and
the
homeless
and
that's
good.
N
I
would
love
to
be
able
to
get
the
phone
numbers
of
the
people
with
the
that
are
working
with
the
homeless
in
that
community
to
start
working
a
county-wide
system
rather
because,
for
whatever
reason
somebody
can't
maybe
be
accounted
for
in
that
city,
hey
man,
you
got
san
jose,
you
got
campbell,
you
got
we
can
we
can.
We
can
work
with
them,
but
it
has
to
be
a
county-wide
thing
and
what
I'm
trying
to
do.
My
attempt
is
to
connect
those
dots.
N
I
spend
over
30
hours
a
week
in
council
and
subcommittee
meetings
and
I've
been
doing
that
for
three
years.
You
know
councilman
perales
the
mayor,
and
so
we
we
and
so
that's
what
I'm
availing.
My.
Thank
you.
That's.
What
I'm
unveiling
myself
for
is
that
I
have
a
wealth
of
knowledge,
a
wealth
of
experience
and
I'm
putting
it
here
at
your
at
your
service.
Thank
you.
B
B
I
want
to
commend
you
for
your
for
your
integrity
and
sincerity,
and
you
know
your
your
efforts
at
outreach
and
and
helping
an
individual
in
need.
I
I
will
say,
with
regard
to
the
jobs
program
that's
described
in
these
allocations.
B
That
was
a
suggested
project
on
our
work
plan
by
council
member
willy,
and
you
know
his
basic
premise
was
that
is
there
something
that
we
can
be
doing
to
help
transition
our
own
house
population
into
having
having
jobs,
and
so
in
conjunction
with
other
work
that
we've
been
doing,
and
I
think
people
may
be
aware
of
it,
but
there
is
an
ongoing
communication
with
county
as
well
as
one
of
our
major
entities
in
town
here
with
regard
to
how
we
can
be
providing
on
house
support
services
and
units
of
housing
for
for
for
that
population
as
well.
B
So
that's
an
ongoing
conversation,
mr
city
manager.
Did
you
want
to
have
a
follow-up
or
add
anything
to
that.
D
D
However,
the
funding
issue
which
came
up
tonight
is
one
that
will
be
discussed
in
the
future
at
the
first
quarterly
budget
review
and
under
the
lawrence
midi
project
that
I
raised
earlier
in
the
evening.
We
are
hoping
to
pilot
our
efforts
for
work,
the
for
the
council
referral
on
the
work
plan
regarding
unhoused
employment,
and
then
second,
I
did
want
to
assure
the
speaker,
as
well
as
the
council
in
public,
that
we
are
working
extensively
on
a
regional
basis.
D
I
think
every
jurisdiction
recognizes
that
supporting
the
unhounds
is
not
a
city
problem,
it's
a
regional,
if
not
a
state
and
national
problem,
and
we
can
only
move
together
by
working
together
and
your
staff
does
that
on
a
weekly
basis
through
a
variety
of
connections
that
we
have
through
our
service
partners
like
abode
and
west
valley,
community
services
as
well
as
destination
home
and
other
regional
resources.
So
thank
you.
B
M
Yes,
thank
you
mayor
paul.
I
move
that
we
approve
the
use
of
american
rescue
plan
act
of
2021
funding
allocation
and
approve
budget
modification
number
2122-162,
increasing
appropriations
in
the
general
fund,
100-90-001
page
583
of
the
fiscal
year
2021-22
adopted
budget
by
four
million,
eight
hundred
and
forty
seven
thousand
three
hundred
eighty
six
dollars
and
fifty
cents
in
revenues
in
the
general
fund
by
four
million
eight
hundred
forty
seven
thousand
three
hundred
eighty
six
dollars
and
fifty
cents,
as
shown
in
attachment
c.
B
Very
good,
thank
you
very
much.
Customer
more.
Would
anyone
like
to
second,
the
motion
go
by
raised
hands
councilman.
B
B
B
Very
good,
our
next
item,
after
second
reading
of
ordinances,
of
which
there
are
none,
is
the
category
of
public
hearings
under
public
hearings.
Item
11
is
to
consider
approving
a
vesting
tentative
map
to
replace
a
previously
approved,
vesting
tentative
mat
tm-2018-03
for
the
westport
cupertino
development
project
to
create
a
separate
parcel
for
the
age-restricted
senior
below
market
rate
building.
B
B
In
mark
tercini,
I
know
that
there
were
a
couple
of
others,
and
so
if
people
help
me
out
on
the
names
of
people
that
are
attending
on
behalf
of
this
item
here,
anyone
else
mark
falgott.
R
Okay,
mr
mayor
mike
kelly,
is
on
the.
B
Mike
kelly
is
yes,
yes,
sir
okay,
okay,
very
good
to
see.
B
H
B
Welcome
so
let's
go
ahead
and
have
a
staff
report
on
this.
Mr
c
enters
mr
interim
city
manager.
If
you
could,
please
introduce
the
staff
for
making
the
report.
D
Yes,
I
will
introduce
both
community
development,
director
ben
foo
and
senior
planner
john
martinez.
S
You,
mr
sami
andrew,
thank
you,
mr
mayor
vice
mayor
and
council
members.
I
will
hand
this
presentation
out
to
john
martier
has
a
very
detailed
presentation
for
you.
We
also
have
our
city
engineer
as
well
transportation
manager
on
site
with
us
as
well.
To
answer
any
questions
with
that
john,
would
you
like
to
start
with
presentation.
T
Yes,
thank
you
ben
hi,
and
thank
you
mayor
and
also
greg
john
martier
city
cupertino
senior
plant
with
the
city
of
cupertinos
community
development
department,
and
let
me
just
share
my
screen
really
quick.
T
All
right.
Let
me
know
if
you
have
any
trouble
seeing
that
at
all
hearing
now
all
right.
Thank
you
mayor
all
right.
Thanks
again,
this
is
tm
2021-002,
the
subject
being
the
consider
approving
investing
tentative
map
to
replace
a
previously
approved
investing
tenant
of
map,
tm
2018-03
for
the
westport
cooperation.
Excuse
me
peter,
wants
to
update
for
the
western
cooperative
development
project
to
create
a
separate
parcel
for
the
age-restricted
senior
below
market
rate
building
city
approval
will
be
a
best
intentive
map.
T
This
item
has
been
from
the
planning
commission
a
couple
of
times
so
the
first
on
june,
22nd
2021
words
move
3-0
that
the
item
would
be
postponed
to
a
later
date,
subject
to
further
clarification
on
legal
review
of
partialization
building
tube,
which
is
the
bmr
building,
as
well
as
removing
the
requirement
for
developer
to
provide
a
class
four
bike
lane
on
the
southern
side
of
stevens
creek
boulevard
adjacent
to
de
anza
college.
T
T
So
a
little
little
background
to
remind
the
council
and
the
community
at
large
what
the
project
is.
So
the
project
location
is
on
the
north
side
of
stevens
creek
boulevard
with
highway
85
to
the
west
mary
avenue
to
the
east
and
the
north
of
the
project.
Danza
college
is
to
the
south,
with
memorial
park
to
the
east,
as
well
as
the
glenbrook
apartments
to
the
north.
T
So
a
little
bit
about
the
site,
specifically
at
least
the
project,
specifically
what
was
approved
in
august
20
august
18th
2020
a
little
over
a
year
ago,
so
you
have
building
one
which
is
131
unit
senior
mixed
use
in
27
memory
care
rooms.
T
It
also
has
roughly
17
000
square
feet
little
over
17
000
square
feet
of
retail.
T
You
have
building
two,
which
is
the
48
unit,
bmr
senior
mixed
use,
building
with
around
2
400
square
feet
of
retail
and
pretty
much
the
subject
of
of
this
lesson
planning
map.
And
then
you
have
70
town
home
condominiums
as
well
as
18
row
house
condominiums.
T
Again
during
this
presentation,
we'll
be
referring
to
building
one
building
two
just
to
clarify.
Building
one
is
a
six-story
building
with
131
senior
residential
units
and
memory
care
facility,
as
well
as
building
two,
which
is
the
pretty
much
the
the
building
that
will
be
further
partialized
as
six
story
bill
with
48
below
market
rate
senior
residential
units.
T
So
in
august,
2020
investing
tenant
of
map,
tm
2018.03,
was
approved
and
proposed
by
the
property
of
the
two
parcels
parsolay,
which
is
a
4.7
acre
parcel
parcel
b,
which
is
a
3.1
acre
parcel
with
stevens
people
of
our
upgrades
include
class
for
bike
lanes
and
other
improvements
on
both
the
north
and
south
side,
and
so
just
an
illustration
of
basically
what
that
partialization
look
like
with
parcel
a
on
the
west
and
parcel
b
on
the
east.
T
The
proposed
investing
tentative
map
looks
at
making
three
parcels
on
the
site,
with
partial,
a
being
untouched
at
4.7
acres,
parcel
b
being
divided
into
further
parcel
c,
with
parks
will
be
at
two
and
a
half
acres
and
parcel
c
at
0.6
acres,
and
the
reason
for
this
given
by
the
applicant
was
to
meet
permitting
construction
timelines
of
the
state
of
california
tax
planning
program.
T
Again,
the
applicant
as
as
introduced
with
the
with
the
the
agenda
item
is
actually
can
can
answer
further
questions
about
anything
specifically
to
do
with
the
tax
credit,
and
so
you
can
see
how
parcel
b
will
be
further
subdivided
into
a
parcel
c.
The
partial
c
being
the
blue,
highlighted
area
of
the
0.6
acres
around
building
2.
T
H
T
Another
developer
that
specializes
in
the
construction
bmr
developments
further
in
the
development
permit,
the
condition
for
concurrent
development
of
bmr
housing
and
market
rate
housing
did
anticipate,
or
at
least
left
open.
The
possibility
that
this
building,
if
can
be
developed
using
tax
credits
and
by
it
a
third-party
bmr
developer,
would
need
to
have
that
partial
transfer
that
building
transferred
to
a
separate
owner,
which
would
mean
that
this
would
have
to
be
separately
or
further
partialized
out
in
the
future
if
needed.
T
So
again,
the
proposed
best
attentive
map
in
reviewing
the
mesenteric
map.
In
terms
of
conformance
with
the
general
plan,
the
city
council,
on
august
18
22.
T
We
have
found
investing
10
map
less
consistent
with
the
city's
regional
plan
for
a
couple
of
reasons,
the
findings
it
was
found,
that
is,
that
the
the
parcel
was
prepared
to
have
up
to
30
to
an
acre
in
that
qualify
for
density
bones
and
that
it
was
consistent
with
a
general
plan
for
high
density
mixed
use,
development
such
as
the
one
that
was
approved
a
year
ago.
T
The
current
proposal
is
not
the
criminal
does
not
propose
any
revisions
to
the
approved,
there's,
no,
those
for
higher
density,
new
buildings,
anything
architecturally
different
that
was
approved
on
august
20th,
sorry
august,
18th,
2020,
essentially
really.
The
two
major
changes
are
is
the
new
parcel
and
the
level
talking
a
little
bit.
The
the
applicant.
T
To
do
the
fast-forward
bike
lane
on
the
southern
end
of
students,
people
of
our
jason
tten's
college.
T
Transportation
impact
fees
or
as
we
have
to
call
them
the
tiff
these
were
approved.
The
applicant
was
what
they
proposed
to
do
in
lieu
of
paying
the
fee
to
do
the
upgrade
along
the
southern
end
of
cedars,
creek
boulevard,
which
was
by
that
class
for
bike
wing,
and
that
was
a
condition
of
resolution.
T
20-106.
The
required
installation
of
the
improvements
along
the
south
side
seems
to
be
boulevard
in
lieu
of
paying
the
tiff.
The
tiff
is
based
on
adopted
fee
schedule
for
projects
multi-family,
residential
and
retail
uses.
T
The
senior
living
assistant
living
our
housing
portion
is
calculating
the
tif
based
on
the
per
trip
fee
and
the
adopted
fee
schedule
and
project
specific
calculations
proposed
by
peak
hour
trips
and
again
much
of
the.
If
the
council
has
any
questions
about
how
the
tip
was
calculated
again,
as
has
been
mentioned,
you
have
public
works
staff
that
has
worked
with
the
applicant
and
planning
staff
to
to
calculate
the
tiff
fee
and
add
it
as
a
project
condition.
T
The
applicant
is
still
required
to
construct
the
bicycle
improvements
less
than
the
traffic
impact
nexus
study,
which
in
this
case
means
a
bike
improvements
along
the
frontage
on
the
north
side
of
stevens
creek
boulevard.
So
that
is
not
anticipated
to
change.
The
applicant
has
declined
to
construct
the
bicycle
improvements
on
the
south
side,
speed
boulevard,
as
was
previously
proposed.
So
instead
of
doing
those
improvements,
the
applicant
has
agreed
to
pay
the
tif
instead
of
receiving
tip
credit
for
these
facilities.
T
One
added
condition
of
approval,
since
the
planning
commission
had
recommended
approval
of
this
modification
is
that
public
works
staff
had
added
the
parkland
dedication
fee
regarding
the
parkland
education
fee
for
the
bmr
units
and
the
fact
that
going
through
this
slide,
that
the
residential
units
within
the
project
are
something
are
subject
to
parkland
dedication,
fees
in
lieu
of
parkland,
dedication
for
the
municipal
code,
the
below
market
rate
program
manual,
authorizes
waiver
park
fees
for
bmr
units
and
so
consistent
with
past
practices
and
direction.
T
Through
this
program,
48
bmr
units
within
this
project
will
have
their
park
land
fee
waived,
and
this
was
this
had
always
been
the
direction
that
that
staff
was
going
with
with
this
parkland
dedication
fee,
but
public
works
staff
found
it
necessary
to
add,
as
a
commission
approval,
to
ensure
that
these
bmr
units
would
not
have
to
have
to
be
subject
to
these
parkland
dedications.
T
Recently,
city
management
had
passed
on
to
planning
and
public
work
staff.
Certain
questions
they
might
have
had
about
the
the
application,
and
these
next
three
slides
staff
will
attempt
to
answer
some
of
those
questions
and
concerns
you
might
have
had
so.
The
first
question
was
that's
participation.
This
parcel
is
partialization.
Excuse
me
impact
city's
ability
to
ensure
development
of
the
bmr
portion
of
the
project.
Staff
response
is
that
the
occupancy
of
the
townhome
row
house
portion
of
the
parcel
is
tied
to
bmr
occupancy.
T
If
you
recall
a
year
ago,
when
this
project
was
originally
approved,
council
had
worked
with
staff
to
come
up
with
a
condition
of
approval
that
ensure
that
the
bmr
units
will
be
developed
consistent
with
the
townhome
and
row
houses
as
well,
so
there
wouldn't
be
full
occupancy,
given
the
town
home
row
houses
unless
certain
conditions
were
met
with
the
bmr
development
and
that's
not
anticipated
change.
T
Second
question
we're
considering:
why
was
the
original
application
not
divided
into
three
parcels?
Was
they
anticipated?
The
revised
investing
tenant
map
would
be
submitted
to
the
city
council
on
a
later
date.
The
response
the
developer
stated
at
public
hearings
and
to
staff
that
they
were
not
aware
of
that
separate
parts
will
be
needed
for
bmr
financing.
T
The
intent
of
map
provision
required
is
required
to
add
that
third
parcel,
as
stated
before,
that
the
this
that
staff
had
allowed
a
condition
of
approval,
left
it
open
in
the
event
that
that
a
third
parcel
or
several
parts
would
be
needed.
So
there
was
some
anticipation,
but
that
would
have
been
on.
H
T
On
the
applicant
to
request
that
from
the
city
was
the
developer's
request
that
the
class
4
bike
lane
along
dianza
college
would
be
removed
from
the
vest
tenor
map.
It
was
a
developer's
request.
City
cannot
require
construction
of
these
types
of
construction.
Of
these
improvements
developer
will
pay
the
appropriate
tiff.
So
again,
the
construction
of
the
class
four
bike
lane
on
the
southern
end
of
stevens
creek
boulevard
at
jason,
deanza
college,
was
in
lieu
of
the
tiff
the
applicant
has
requested
to
instead
of
construct
those
improvements
to
just
pay.
T
S
T
T
How's
the
location
of
the
bus
stop
determined.
The
response
is
vta
has
requested
the
bus
stop
be
relocated
to
its
proposed
location,
west
side
of
mary
avenue.
Does
this
version
affect
the
previously
approved
bike
pet
easement
along
the
western
portion
of
the
project
site
responses?
No,
the
bike
pet
easement
is
unchanged.
Bicycle
access
will
still
be
provided
so
that
easement
still
along
the
western
edge
of
the
western
entrance
connecting
merit
to
steven's
people
playing
commissioner's
votes
intentionally
left
off
playing
resolution
number
6927.
T
T
Environmental
review
eir
again
this
was
this
project
was
approved.
The
final
eir,
the
both
changes
of
project,
will
not
have
any
new
or
substantially
more
severe,
more
severe
significant
environmental
impacts.
Creation
of
the
new
law
and
decision
not
to
construct
certain
improvements
would
not
have
an
adverse
physical
effect
on
the
environment.
T
We
recommend
the
actions
that
staff
recommends
at
the
state
council
consider
the
evidence
presented
to
determine
whether
the
project
can
be
approved
in
accordance
with
resolution
number
21-081
to
approve
the
best
intent,
tm
2021-002
next
step
is
city
council's
decisions.
City
council's
decision
will
be
final
and
let's
reconsider
within
10
days,
and
that
concludes
my
presentation.
B
Okay,
great,
thank
you
very
much.
Let's
go
to
any
questions
from
members
of
the
council,
councilmember
willie
yeah.
L
Thanks
john
pretty
thorough,
I
I'd
like
to
loop
back
around
to
the
the
bicycle
lane.
L
L
Council
members,
I
think
the
plot
plan
that
you
had
tonight
is
fine.
As
long
as
your
memory,
you
know,
can
walk
us
through.
I
I
have
my
memory,
but
it
may
not
be
a
hundred
percent.
T
Yeah
this
this
pot
plant
this
this
plan
of
the
development
yeah
of
the
development
won't
show,
won't
show
the
bike
lane
that's
proposed
to
be
removed.
So
if
you
give
me
a
minute,
I
can
pull
up
the
the
approved
plan.
From
a
year
ago,
the
show
was
to
be
removed.
L
L
Bicycle
and
pedestrian
is
also
very
focused.
You
know
on
the
harmon
bridge
and
and
more
bicycle
paths
in
that
part
of
the
city.
So,
okay.
T
There
we
go
so
here's
the.
I
think
this
is
probably
the
best
best
view
yeah.
This
is
the
last
sheet
of
the
approved
civil
plan.
It
shows
the
bike
lane
over
here
and
essentially
that
all
these
improvements
over
here
in
the
north
would
still
be
completed,
such
as
from
the
south.
L
So
where
I
was
going
is
that
maybe
I'm
a
little
bit
confused
if
you
go
back
to
the
previous
map
the
plan,
it
seemed
to
me
that
when
we
talked
about
this,
the
last
time
along
the
85
section
there
with
the
the
row
houses,
it
seemed
to
me
that
the
bicycle
path
was
essentially
going
through
the
the
drive.
T
Yes,
absolutely
councilmember,
so
there's
no
change
with
the
easement,
so
the
easements
still
propose
to
move
along.
Can
you
see
my
my
little
hand
right
here.
T
Yeah,
so
it's
still
proposed
there's
no
change
of
that
easement
whatsoever,
so
the
easement
connecting
mary
avenue
with
stevens
creek
boulevard
is
still
part
of
the
proposal.
L
Okay,
so
so
just
well,
while
I'm
on
that,
I
mean,
if
you
can
kind
of
realize
my
concern.
If
that
easement
was
gone
and
people
are
coming
from
mary's
feet
or
you
know
wanting
to
go
to
de
anza
college
wow
they've
got
a
big
detour
versus
being
able
to
get
to
the
end
of
college
directly.
Okay,
that
being
said,
it's
not
a
problem
now,
when
you
say
these
other
two
one
of
them
is
being
removed
and
being
removed.
L
T
I
think
I
would
allow
have
asked
public
works.
Some
of
the
public
works
to
answer
that
question.
What
where
does
the
tif
money
go
to.
A
Good
evening
mayor
members
of
campbell
council,
chad,
mosley
city
engineer,
we
would
collect
the
tiff
money
and
that
money
would
go
towards
projects
mentioned
in
our
tiff
nexus
study.
A
L
You
know
bike
head
path
and
the
the
last
question
that
I
would
ask:
if
did
this,
go
to
the
bike
ted
commission
for
their
input
in
terms
of
how
they
felt
about
this
change,
because
that
I
haven't
seen
that
in
the
in
the
presentation-
and
I
think
that
they
they
are
a
very
key
stakeholder.
A
And
to
start
off,
I
don't
believe
this
project,
or
this
iteration
went
to
the
bike
and
ped
commission.
That
being
stated,
the
project
is
subject
to
about
280
dollars
worth
of
tiff.
A
A
That
being
said,
because
these
improvements
are
not
frontage
improvements
to
this
project,
it's
difficult
for
us
to
require
them
to
do
that.
We
do
have
the
tif
to
incentivize
them
ahead
and
construct
those
improvements
along
the
south
side,
but
they
have
declined
to
do
that.
To
date,.
U
And
if
good
evening,
council
members
david
stillman
transportation
manager-
if
I
can
just
add
on
to
what
mr
mosley's
been
saying,
correct-
that
this
particular
phasing
of
of
this
project
has
not
been
to
the
bicycle
pedestrian
commission,
but
the
the
stephens
creek
boulevard
class
iv
project
itself
has
been
to
the
bicycle
pedestrian
commission,
including
the
design
at
the
intersection
of
highway,
85
and
steven
street
boulevard.
U
And
so
this
is
a
project
that
they're
aware
of
that
they've
approved
of
and
will
be
going
into
design
and
construction.
U
L
M
All
right,
thank
you,
I'm
not
I'm
not
certain
where
the
the
bicycle
plan
is
on
the
west
side.
If
someone
could
show
me
that
I'm
looking
at
the
grading
and
drainage
plan
sheet
number
vtm-3,
there
is
a
note
which
I
find
a
little
bit
confusing.
So
I'd
like
to
have
this
also
clarified.
The
note
says,
by
accepting
the
easements
shown
on
this
map
as
public
pedestrian
access,
easement
and
public
bicycle
easement.
M
The
city
council
hereby
expressly
authorize
the
city
manager
of
the
city
to
record
a
subsequent
termination
of
these
easements
in
his
or
her
sole
discretion.
If
that
could
be
explained
to
me,
because
it
almost
sounds
like
we're,
we're
giving
the
the
manager
the
authority
to
remove
these
easements
as
well,
so
I'd
like
to
see
see
what's
where
it
is,
I
because
it
seems
to
be
in
in
parking
spaces,
so
I'd
like
to
have
that
clarified.
T
I
can
council
member
more.
I
can
show
you
where,
where
it's
located
on
this,
on
which
sheet
I'm
looking
at
vtm1.
This
is
what
was
attached
to
the
staff
report.
Okay
and
then,
in
terms
of
the
actual
language
of
the
easement,
I
can
defer
to
the
city
engineer
to
clarify
the
wording
and
how
that
you
know
basically
your
concerns.
Thank
you.
Okay,.
M
Thank
you,
but
I'm
I'm
looking
at
vtm-3,
so
we're
we're
not
on
the
same
page,
I'm
looking
at
the
grading
and
drainage
plan.
I
just
this
is
a
a
point
of
my
personal
preference.
I
would
prefer
to
see
the
easements
on
a
separate
sheet
alone.
M
T
I
believe
these
easements
are
on
sheets
vtm-1
and
vtm-3,
so
you
can
see
the
public
bicycle
easement.
Are
you
following
my
cursor
on
the
screen.
M
Okay
and
are
those
are
those
parking
spaces
that
are
that
are
perpendicular
to
the
the
I
don't
know
if
these
are
townhouses
or
row
houses,
but
the
one
so
you're.
Looking
at
the
row,
houses
that
are
parallel
with
sr85
and
then
you
have
perpendicular
to
those
structures
are
those
parking
spots
there.
T
So,
on
the
on
the
on
the
eastern
edge
over
here,
those
are,
I
would
say,
visitor
parking
to
say
and
on
the
western
edge.
Those
are,
I
guess
you
can
call
those
like
driveways
going
into
the
the
row.
Houses.
M
Okay,
so
the
pedestrian
access
easement
is
is
going
kind
of
through
the
driveways.
So
it's
not
really
a
sidewalk.
No.
A
M
Okay,
so
the
the
the
rectangles
are
are
not
planters.
A
E
M
One
thing
I
was
kind
of
curious
because
the
the
city
I
wasn't
on
council
at
the
time
city
council
did
not
require
a
bmr,
townhouse
or
row
house,
which
would
be
a
three
bedroom
unit
structure.
I'm
curious.
If
they
had
made
one
a
bmr
would
they
then
have
to
have
made
that
a
separate
like
a
condominium
unit
to
to
sell
or
or
lease
I'm
just
kind
of
curious
about
that
for
funding.
T
Sure
so
all
the
town
hall
row
houses
are
separate
condominium
units
themselves,
so
there
will
be
a
condominium
map,
so
those
are
all
for
sale.
M
Okay,
so
those
are
all
okay,
so
there
will
be
a
separate
condominium
map
and
all
right.
So
this
is
a
a
tentative,
okay
and-
and
lastly,
well
on
that
matter,
with
regards
to
the
to
the
the
the
bmr
building,
could
they
have?
Alternatively,
had
the
individual
units
be
condominiums
been?
Have
it's
subdivided
for,
as
for
condominiums,
as
opposed
to
having
the
entire
lot
as
it's
just
kind
of
a
could.
Was
that
an
alternative
for
funding
that
would
have
worked
or
or
no.
T
You
know
that
would
be
a
question
best
asked
the
applicant.
This
is
always
intended
to
be
rental.
You
know,
maybe
the
applicant
can
answer
a
question
better,
whether
they
could
there
was
that
no
problem
wasn't
proposed
to
us.
M
Okay,
even
if
it's
even
if
it's
subdivided
for
condominium
purposes,
they
can
still
rent
or
lease
those
at
those
air
spaces
out.
I
was
just
wondering
if,
if
that's
ever
done,
I'm
thinking
more
in
terms
of
if
you
have
mixed
use,
I
I'll
reserve
that
question
we
when
it
was
at
the
planning
commission.
There
was
some
concern
about
the
bus,
stop
and
the
relocation
to
the
west
side
of
mary
and
could
someone.
M
I
understand
that
vta
is
saying
they
would
prefer
it
on
on
the
west
side
and
I'd
like
to
hear
what
the
what
the
logic
is
about
that
and
then
one
little
notation
you're
showing
a
bike
box
on
on
next
to
the
the
crosswalk
at
mary
and
stevens
creek,
and
it's
the
that's
the
symbol
with
a
little
bicycle
and
the
left
turn.
And
could
you
remind
us
because
these
are
popping
up
all
over
the
city,
these
these
new
notations,
which
might
cause
some
people
some
confusion?
M
But
what
are
you
instructing
a
bicyclist
to
do
if
they
are
trying
to
make
a
left
turn?
What
are
they
supposed
to
do?.
U
There
I
can
answer
those
questions.
Councilmember
moore,
beginning
with
the
question
about
the
location
of
the
bus.
Stop
bus
stops
located
on
the
far
side
of
intersections
are,
are
always
preferred
to
locations
on
the
the
near
side
of
the
intersection,
because
for
reasons
of
safety,
a
bus
that
is
stopped
at
the
near
side
of
an
intersection
is
blocking
the
view
of
oncoming
traffic
for
a
car.
That's
on
the
side
street
that
wants
to
say,
pull
out
and
turn
right.
U
So
if
you
have
a
vehicle
on
mary
that
wants
to
turn
right
onto
stephen
street
boulevard,
if
there's
a
bus
stopped
on
the
near
side,
say
in
front
of
the
senior
center
that
person
in
the
car
on
mary
can't
see
vehicles
approaching
from
the
east
on
stevenson
boulevard.
So
by
locating
the
bus
on
the
other
side
of
the
intersection,
you
eliminate
that
site
visibility
problem
so
generally,
that's
a
policy
for
for
vta
and
other
transit
agencies
is
to
always
locate
bus
stops
on
the
far
side
of
the
intersection.
If
possible,.
M
Okay,
thank
you
on
that
part.
Our
our
rationale
was,
you
have
all
the
dance
of
students
trying
to
cross
the
street,
now
they're
going
to
have
to
cross
mary
and
and
not
dance
or
college
they're
gonna
have
to
cross
mary
and
stephen's
creeks.
But
I
understand
what
you're
saying
with
regards
to
safety
and
if
you
could
explain
the
bike
box.
U
U
Yeah,
no,
that's!
That's
perfect,
john!
Thank
you!
So
if
you
can
imagine
a
bicyclist
traveling
westbound
on
stephens
creek
boulevard
approaching
mary
and
that
bicyclist
wants
to
ultimately
go
into
the
de
anza
college
entrance,
there
are
two
ways
that
they
can
do
it.
The
more
experienced
bicyclists
will
generally
just
weave
over
into
the
left,
turn
vehicle
lane
at
the
intersection
and
then
turn
left
with
the
vehicles
on
the
traffic
signal
left
turn
phase
into
the
danza
college
entrance.
U
So
it's
a
two-stage
movement.
You
know
first
going
westbound
with
the
stephen
street
boulevard
traffic
and
then
southbound
across
the
intersection
into
the
campus,
but
it
avoids
the
bicyclists
having
to
navigate
through
traffic
along
stevens
street
boulevard.
M
M
My
my
guess
was
that
I
was
supposed
to
move
to
a
crosswalk
and
then
and
then
hit
hit
the
crosswalk
button
and
go
across
that
way,
but
at
this
intersection
that's
not
a
an
option.
So
I
appreciate
your
explanation
and
if
I
could
hear
the
I,
I
did
have
the
question
about
having
separate
condominium
units
for
rent
in
the
bmrs.
If
that,
if
anyone
is
aware
that
has
ever
been
done
or
is
that
just
simply
not
the
process.
V
I'm
happy
to
speak
to
that.
This
is
mike
kelly
with
the
pacific
companies.
Can
you
hear
me?
Okay,
yes,
sure
yeah,
so
I
mean
having
a
condo
map.
You
know
on
the
on
the
bmr,
I
mean
it's,
it's
certainly
possible,
but
it
typically
wouldn't
serve
any
purpose
because
affordable
housing
tax
credits
could
only
be
used
on
rental
projects.
B
All
right
so
process
wise,
where
we're
at
we've
done
staff
presentation
councils
ask
questions
of
staff
in
their
presentation.
At
this
point,
the
applicant
will
be
afforded
time
to
present
their
own
presentation,
followed
by
questions
from
counsel
of
the
applicant
that
will
be
followed
by
members
of
the
public.
Speaking
after
which
time
the
applicant
will
have
an
opportunity
to
respond
to
members
of
the
public,
and
then
we
bring
it
back
to
council
for
emotion
and
further
discussion.
B
Q
This
evening
we
had
a
successful
planning
commission
a
hearing
a
little
while
back,
and
I
thought
it
was
quite
helpful
to
complement
our
planning
staff's
presentation
of,
what's
involved
with
the
map
by
having
the
civil
engineer,
walk
the
council
through
exactly
what
takes
place
on
the
map
to
create
this
third
parcel,
as
was
mentioned
in
the
staff
report
and
part
of
the
planning
commission
discussion,
was
why
the
need
for
the
for
the
parcel,
as
as
it
was
discussed,
it
was
part
of
the
council
approval
of
the
project
to
create
a
separate
parcel
to
dedicate
to
the
affordable
builder,
in
this
case
its
specific
companies.
Q
To
answer
the
question
with
respect
to
why
I
wasn't
done
initially
again:
I've
not
built
a
project.
In
the
40
years,
I've
been
building
projects
in
santa
clara
county
to
have
an
affordable
housing
component
on
site.
So
to
council
members
morris
comment,
my
thought
was
potentially
doing
it
through
a
a
mapping
of
the
of
the
building
and
providing
that
space
for
the
affordable
builder.
Q
In
this
case,
specific
companies
has
also
indicated
to
me
that
the
state
funding
and
their
balance
of
their
funding
requires
a
separate
parcel
and
we're
in
front
of
the
council
tonight
to
to
provide
that.
So
I'd
like
to
turn
it
over
to
mark
falco
with
kimberly
horn
to
walk
you
briefly
through
what
what
is
involved
with
the
creating
that
parcel
mark.
R
R
R
R
In
addition,
the
the
bike
lanes
on
the
southern
side
of
stevens
creek
boulevard
will
remain
as
they
are
today.
Based
on
our
proposal.
We
we
are
discussing
a
little
bit
with
public
works
on
that,
but
nothing
else
essentially
is
changing.
None
of
the
buildings
are
moving.
We're
not
adding
units
we're,
not
subtracting
units.
R
The
on-site
circulation
stays
exactly
the
same,
including
as
as
we
I
think,
we've
gone
over
the
on-site
bike
lane
or
bike
yeah
bike
lane
that
cut
through
is
going
to
stay
exactly
the
same
and
and,
of
course,
the
protected
bike
lanes
on
the
north
side,
including
this.
This
complicated
transition
through
the
the
on
the
on-ramp
there,
it's
all
going
to
be
a
part
of
the
project
we
are
currently
coordinating
with
vta
to
about
the
bike.
The
bus
stop
move.
R
It
is
their
desire
to
do
it
still
so
to
move
it
to
this
side,
and-
and
part
of
that
is
not
only
the
safety
that
that
mr
stillman
mentioned,
but
also
the
the
ability
for
the
for
the
bus
to
to
get
out
unimperative.
They
can
get
trapped
behind
stacked
cars
of
the
light
and
and
find
it
difficult
for
them
for
their
maneuver.
So
with
a
bite
with
a
with
a
light
behind
them,
they
can
find
that
maneuver
much
easier
to
to
do
so.
That's
the
extent
of
it.
R
Essentially,
what
we're
doing
is
proposing
a
new
parcel
line
that
nothing
else
is,
is
changing
on
the
project
and
and
I'd
like
to
I'd
like
to
pass
it
over
to
to
mike
kelly,
who
you've
heard
from
already
who
will
just
give
a
quick
update
on
the
status
of
the
bmr
building.
V
Sure
so
I
don't,
I
don't
have
a
lengthy
update
for
you,
but
I
think
what
I
I
do
have
is
is
positive.
As
a
reminder,
you
know
we
received
our
financing
several
months
ago
for
the
nine
percent
tax
credits,
which
is
very
very
competitive.
It's
about
20
million
dollar
allocation.
V
We
received
that,
I
think
in
june,
and
and
since
then,
we've
received
our
financing
commitment,
letters
for
the
rest
of
the
financing
for
for
debt
and
equity.
So
that's
a
positive
sign.
A
lot
of
folks
are
very
interested
in
this
project,
so
we
are
very,
very
comfortable
that
the
financing
will
be
aligned
when
we
need
it.
I
think
it
was
about
the
second
week
of
october.
We
submitted
our
construction
drawings
to
the
city
or
of
august
I
apologize
august
13th
or
14th.
V
We
submit
our
construction
drawings
and
you
know
just
depending
on
the
velocity
of
review.
You
know
by
the
city
and
the
timeline
for
us
to
turn
it
around.
I
would
anticipate
construction
start
by
start
date,
no
later
than
december
or
january.
V
So
unless
you
have
any
questions,
that's
it
but
we're
definitely
on
track
with
our
financing.
You
know.
Construction
drawings
are
in
the
mix
and
being
reviewed,
and
you
know
I
think,
everything's
moving
at
a
pretty
good
clip
and
we're
definitely
ready
to
to
break
break
around.
You
know,
like
I
say
in
december
january,
at
the
latest.
Q
I'd
just
like
to
give
the
council
an
update
with
respect
to
the
town
homes,
those
not
only
have
our
improvement
plans
been
submitted
to
the
city
or
in
the
in
the
process
of
being
reviewed
at
this
time.
Our
building
plans
have
also
been
submitted
for
the
model
homes
and
and
in
a
release
of
production
units.
So
immediately
upon
receipt
of
the
improvement
plans
in
the
final
map,
we
will
be
taking
the
the
buildings
down
to
record
the
final
map
and
start
the
infrastructure
improvements
for
the
development.
B
Great
thanks
so
much
and
and
does
that
wrap
up
your
and
your
colleagues
presentation
mark.
B
Thanks
so
much
all
right,
we
have
an
opportunity
for
council
to
ask
questions
of
the
applicant.
At
this
point.
I
see
councilmember
moore
has
a
hand
up
councilmember,
moore.
M
Yes,
thank
you,
mayor
paul.
I
have
two
kind
of
clarifying
questions.
I
don't
know
that
I
had
the
first
one
answered,
but
it
was
with
regards
to
my
concern
is
on
vtm-3
with
regards
to
the
note,
the
authorizing
the
city
manager
of
the
city
to
record
a
subsequent
termination
of
these
easements
in
his
or
her
sole
discretion.
So
my
concern
is
that
those
easements
could
be
removed.
M
So
I
want
to
understand
what
the
intention
of
this
note
is
and
then
and
then
I
have
one
question
my
last
one,
which
is
on
note
5
on
the
first
page
of
general
notes,
but
if
you
could,
if
someone
could
inform
me
what's
what
this
note
is
intended
to
do
on
vtm3.
A
I
think
you
nailed
it
the
councilmember
moore.
The
note
seems
to
be
indicating
that
the
developer
would
like
to
have
the
city
manager
with
the
power
to
solely
vacate
that
easement
moving
into
the
future,
and
you
know
if,
if
you're,
not,
if
you're,
not
comfortable
with
that,
I'd
recommend
recommending
that
this
note
be
removed
from
the
map.
M
Okay,
so
it
was
a
condition
that
they
would
have
these
these
easements
is
that
correct,
when
this
was
approved,
correct,
okay,
okay,
so
we
haven't
gotten
to
where
we're
you
know
making
a
motion,
so
I
I
I
am
expressing
concern
and
thank
you
for
clarifying
that
on
on
page
on
the
gosh,
the
first
page
vtm1
note
5.
I
would
just
want
to
understand
why
this
would
happen.
It
says
this
is
a
multi-unit
subdivision.
Order
of
filing
final
maps
may
vary.
Multiple
final
maps
maybe
filed
pursuant
to
section
66456.1
of
the
subdivision
map
act.
A
R
This
is
mark
falgo.
The
the
the
original
purpose
of
this
was
to
file
multiple
maps,
although
currently
we
are
processing
one
final
map
for
the
whole
property
with
the
city,
and
essentially
this
note
allows
us
to
allows
the
opportunity
to
do
to
do
it
by
having
this
note
on
the
tentative
map
it
it,
it
basically
allows
it.
R
It
makes
it
known
that
that
may
be
happening
and
that
between
both
parties,
the
city
and
the
developer,
and
it
allows
it
to
happen
in
this
case,
we
are
filing
one
single
final
map
for
the
whole
property.
M
A
I
might
let
the
attorneys
answer
this,
but
typically
with
our
conditions,
they
are
required
to
pay
these
fees
at
the
time
of
recording
of
the
final
map,
and
so
again,
if
they
face
a
final
map,
they
would
pay
fees
for
the
parts
that
are
recorded
and
if
the
second
phase
doesn't
happen
for
50
years,
potentially
it
could
push
those
fees
out
until
that
map
is
recorded.
Maybe
chris
could
correct
me
or
or
clarify
if
I
was
off
base
there.
W
Yeah,
no,
that
thank
you,
chad,
yes,
so
certain
fees,
depending
on
the
specific
fees
they
may
be
due
at
recording
of
the
final
map
or
issuance
of
a
building
permit,
so
it
is
definitely
possible
where
a
project
is
phased
either
in
the
recording
of
the
final
map
which
which
is
generally
allowed
under
the
subdivision
map
act
or
in
construction,
which
is
common
that
that
the
fees
would
come
in
over
a
period
of
time.
So
that's
that's
not
unusual.
B
Okay,
at
this
point,
seeing
another
hands
right
from
counsel
for
the
applicant.
I
will
go
ahead
and
go
to
comments
from
members
of
the
public
and
I'll
remind
people
that
as
soon
as
the
first
member
of
the
public
concludes
speaking
you'll
need
to
have
your
hand
raised
to
speak
on
this
item.
Item
number
eleven
and
I've
handed
it
hands
raised
right
now
from
paul
soto,
jennifer
griffin
and
gene
bador
welcome
paul.
N
Yes,
thank
you
mayor
paul,
paul
from
the
horseshoe.
I'm
sure
your
constituents
are
councilwoman
more
are
thoroughly
impressed
and,
if
they're
not,
they
should
be
that
your
questions
in
the
way
that
you
are
looking
at
it
and
perceiving
it
and
protecting
the
interest
of
the
public
and
not
really
concerned
about
what
the
developers
want
to
do
thoroughly
impressed
these
fees
in
san
jose.
They
got
cut
off,
they
were
abusing
it.
They
I
mean
they
will
abuse
it
and
abuse
it.
N
The
only
goal
that
they
have
in
mind
is
come
to
these
cities
come
to
this
county
and
maximize
the
amount
of
money
that
they
can
profit
from
and
they'll
start
pulling
from
this
resource.
This
resources
they'll
start
pulling.
What
they
were
starting
to
do
is
use
the
traffic
accidents,
people
that
were
actually
being
killed
using
that
to
to
write
out
grants,
submit
those
grants
and
then
use
that
to
fortify
their
infrastructure.
N
This
is
this
is
how
sick
and
how
corrupt
this
this.
This
system
is
because
there's
literally
billions
and
billions
of
dollars
to
be
had
over
the
next,
probably
about
10
years,
and
so
the
the
kind
of
the
kind
of
attention
that
I
saw,
a
councilwoman
moore
pay,
is
precisely
the
kind
of
questioning
and
the
type
of
you
have
to
be
on
them.
With
this,
what
san
jose
did
is
said.
N
No,
you
you're,
not
you're,
not
going
to
do
this,
no
more
you're
not
going
to
be
able
to
pay
your
way
out,
because
they
have
unlimited
funds,
they're
not
going
to
run
out
of
money.
That's
that's
that's
out,
and
so
what
it
does
is
it
takes
the
power
away
from
the
from
the
from
the
public
and
it
puts
it
into
the
it
puts
it
in
developer's
hand
we're
already
extending
them
a
courtesy,
we're
giving
them
business
so
they're
already
extended
courtesy,
and
so
I'm.
N
I
know
that
there's
a
back
and
forth,
but
what
the
problem
that
we're
having
in
san
jose
is
is
just
precisely
this.
What's
going
on
right
right
now,
right
here
is
the
corruption
of
that
fee
payment
and
the
they're
they're,
putting
in
like
almost
like
back
doors
for
the
future
and
that
when
they,
when
the
project
gets
okayed
and
everything's
ready
to
go
because
it's
a
senior
living
space.
N
Oh
we
want
to
add
you
know
20
more
units
and
nobody's
going
to
argue
with
it
because
of
the
moral
and
ethical
implications
of
arguing
against
putting
more
units
in
the
senior
living
space.
You
see
so
I
mean
they're,
crafty
man,
so
just
I'm
really
impressed
with
what
councilwoman
moore
is
doing
and
thank
you
thank.
B
F
Thank
you,
mayor
darcy
hi,
I'm
jennifer
griffin
and
I've
lived
near
this
shopping
center
for
many
many
years.
I
know
I
this
proud.
There
has
been
attempts
to
do
things
with
the
oak
shopping
center
since
about
I
think
it's
been
about
since
2010,
and
we've
seen
many
different
plans:
hotels,
civic
centers.
God
knows
what.
But
yes
I
I
think
that
it's
important
that
we
vet
this,
because
this
is
a
very,
very
important
section
of
cupertino.
F
It's
near
de
anza.
We
have
a
lot
of
stuff
going
on
with
people
coming
on
and
off
mary.
I
I
would
prefer
that
this
stayed
two
parcels,
I'm
not
a
real
big
fan
of
sub
subdividing
subpartializing
and
the
partialization
has
been
an
issue
since
2010
one
of
the
previous
owners
attempted
to
do
condo
parcelizations
in
2010,
so
that
there
are
records
in
the
city
with
that.
I'm
concerned
about.
F
Let's
take
the
the
bmr
parcel
that
is
being
proposed,
a
half
acre
and
I
think
that
it's
supposed
to
have
a
private
owner,
which
is
the
bmr
units,
but
with
the
advent
of
sb9
and
sb10
and
sb478,
which
they
become
if
they're
voted.
If
the
governor
lets
them
ride,
they
become
effective
january
1st
of
this
of
2022..
F
How
do
we
know
that
these
are
not
going
to
affect
what
happens
in
this
project,
and
maybe
this
is
what
mr
soto
had
mentioned
with
the
bmr
unit?
How
what
do
we
know
that
they're
not
going
to
come
in
and
put
up
a
22-story
building
on
the
bmr
site?
You
know
I'm
not
pointing
fingers
at
anyone
I,
but
but
believe
me.
I
am
so
freaked
out
about
nine
and
10
and
478
that
I
don't
want
any
surprises.
We
already
have
s35
hit,
causing
mayhem
and
velco.
F
I
don't
want
this
project
to
blow
up
because
of
sb
35,
not
and
9,
and
10
and
478.
I
don't
want
cupertino
to
be
a
sitting
duck
for
whatever
mayhem
is
going
on
in
sacramento,
but
do
we
have
assurances
that
no
one
is
going
to
come
in
here
in
20
in
10
years
and
throw
up
a
22-story
building
in
the
bmr
site?
Also,
how
long
are
these
to
be
remained
at
remaining
as
bmr
units?
Is
there
a
40-year
sixth
year?
F
I'm
also
not
real
happy
with
what's
happening
when
you
make
the
right
turn
on
85
seconds
from
stevens
creek
in
that,
can
you
explain
that
bicycle
ramp
thing
that's
going
on
from
inside?
I
think
we
need
to
ask
the
questions
now,
because
I'm
sorry,
it's
not
the
developer's
fault,
it's
it's
it's
910
and
478..
We
don't
and
35..
It
is
just
bedlam.
Thank
you.
G
G
G
G
G
G
X
Hi,
my
name
is
paul
bickmore
and
I'm
calling
just
to
encourage
you
to
stop
stalling
and
make
sure
that
this
housing
on
the
table
gets
built
right
now
we
are
in
a
severe
housing
crisis
caused
by
the
fact
that
cupertino
we
don't
build
any
housing,
and
the
state
is
final
in
the
past.
X
Few
years
has
finally
taken
notice,
given
just
the
the
suffering
that
refusing
to
allow
any
housing
to
get
built,
has
caused
and
they've
actually
starting
to
require
housing
to
be
built
and
any
stalling.
X
Or
you
know,
legal
issues
are
going
to
be
thrown
out
of
court
because
for
this
specific
issue,
only
building
you
know
20
units
of
housing
is
just
not
going
to
cut
it
and
especially
given
the
jobs,
housing
imbalance,
and
so
just
I
encourage
you
just
don't
just
stop
stalling
and
and
get
this
housing
built.
Thank.
B
Q
Mr
mayor
mark
gersini
back
again
here
tonight,
I
want
to
thank
the
mayor
and
the
council
for
their
consideration
of
the
the
map.
This
evening
we
are
just
looking
to
conform
with
the
conditions
of
approval
from
the
prior,
the
city
council
approval
and
to
meet
the
condition
number
11
is
was
pointed
out
in
the
staff
report
that
calls
for
the
the
partialization,
as
mentioned
by
mike
kelly,
because
of
companies
very
pleased
that
we
selected
the
pacific
companies
to
move
forward.
Q
They
have
demonstrated
the
ability
to
secure
not
only
state
financing,
but
the
construction
financing
required
to
build
the
project
and,
as
mike
kelly
stated,
he
will
be
ready
to
go
forward
in
the
december
january
time
frame.
We
are
also
ready
to
move
forward
with
with
the
towns,
as
I
briefly
suggested,
and
look
forward
to
the
council
approval
this
evening.
Thank
you.
B
Okay,
great
thank
you
mark
and
with
no
further
commentary
from
the
applicant
that
will
close
the
public
hearing
I'll
bring
it
back
to
council.
At
this
point,
would
anyone
like
to
propose
a
motion
before
we
proceed
with
discussion
council,
member
moore.
M
Thank
you.
I
move.
Let's
see
if
I've
got
this
right,
I
move
that
we
approve
the
vesting
tentative
map
to
replace
a
previously
approved,
vesting
tentative
map,
tm
2018-03
for
the
westport
cupertino
development
project,
to
create
a
separate
parcel
for
the
age,
restricted
senior
below
market
rate
building
located
at
21267
stevens
creek
boulevard,
assessor's,
parcel
numbers,
326-27-042-043.
M
And
do
I
need
an
eir
sequa
exemption
statement?
Chris,
do
I
need
to
add
something
regarding
sql.
M
Okay,
I'll
need
some
help
with
that.
That's.
M
I
have
the
resolution
and
under
findings
for
the
tentative
map.
I
have
the.
I
have
a
statement
there
that
could
be
added,
but
I
would
need
some
language,
so
I
might
not
be
on
the
right
page.
M
Ordinarily,
in
the
staff
report,
I
would
have
a
recommendation.
Sometimes
it
actually
shows
up
in
the
the
presentation.
There'll
be
a
page
which
will
show
both
the
the
the
resolution
part
and
the
sequa
statement.
So
I'm
not
seeing
it
how
I'm
used
to
seeing
it
so.
M
Okay,
yeah
and
that's
what
I
was
looking
at
before
and
I
found,
whereas
the
westport
cupertino
mixed
use,
project,
including
the
vesting
tentative
map,
is
fully
described
and
analyzed
in
the
initial
study
and
final
environmental
impact
report.
M
For
the
project,
right,
okay
and
after
consideration
and
substantial
evidence
contained
in
the
entire
administrative
record,
the
city
council
approved
the
westport
cupertino
project
by
adopting
resolutions,
including
the
development
permit.
Resolution
number
20-106,
vesting
tentative
map
resolution
number
20-101,
109
and
resolution
number
20-105
certifying
the
eir
adopting
and
requiring
his
conditions
of
approval.
All
of
the
mitigation
measures
for
the
project
that
are
identified
in
the
eir
and
are
within
the
responsibility
and
jurisdiction
of
this
city
and
adopting
the
mitigation
monitoring,
monitoring
and
reporting
program
for
the
project
is
that
adequate.
W
M
Okay,
now
I,
what
I
want
to
do
is
remove
the
the
note
on
on
the
project
plans.
I
believe
it's
vtm
3.
I
want
that
the
note
allowing
the
removal,
the
termination
of
the
easements
note
struck,
because
that
seems
to
be
conflicting
with
what
was
approved.
If
I'm
understanding
this
correctly.
H
M
That
is
my
motion.
Yes,
that
we
strike
the
note
on
vtm-3,
which
states
by
accepting
the
easements
shown
on
this
map
as
public
pedestrian
access,
easements
and
public
bicycle
easement.
The
city
council
hereby
expressly
authorizes
the
city
manager
of
the
city
to
record
a
subsequent
termination
of
these
easements
in
his
or
her
sole
discretion.
I
would
like
that
note
to
be
struck
from
the
plans.
B
Okay,
great,
thank
you
very
much,
councilmember
moore,
and
to
shorthand
your
motion.
I
believe
you're
moving
the
recommended
action
with
a
modification
that
you're
removing
that
note
on
vtm3
regarding
empowering
the
city
manager
unilaterally
to
extinguish
easements
in
the
future.
B
So
I
I
see
you're
nodding
your
head,
so
let
me
go
to
vice
mayor
ciao.
Did
you
want
to
second
council
member
moore's
motion
vice
mayor?
No.
B
Great
and
I'll
go
by
show
of
hands
for
any
desired
discussion
or
any
follow-up.
You
know
points
that
council
wants
to
make.
I
I
see
that
vice
mayor
chow,
as
well
as
councilmember
way,
have
their
hands
up
vice
mayor
chow
will
go
to
you
and
then
council
member
way.
J
Okay,
I
do
still
have
some
questions,
so
this
separate
parcel
is
building
one.
I'm
really
happy
that,
like
they
already
found
a
partner
to
work
with
and
then
are
in
the
process
of
getting
funding,
and
I'm
curious,
whether
for
building
two,
which
also
has
senior
housing,
have
a
mark
found
a
partner
to
work
with
and
what
will
be
the
timeline
that
they're
enriching
for
construction.
J
B
Let
me
do
this,
since
you
have
a
question
I
I
won't
reopen
the
hearing,
but
I
will
ask
the
applicant
and
and
staff,
if
they're
willing
to
follow
up
on
questions
from
clarifying
questions
from
counsel,
and
so
it
sounds
to
me
like
your.
Your
question
was
directed
to
the
applicant
mark.
Did
you
mark?
Are
you
still
there
and
could
you.
Q
Mr
maron,
I
can
answer
right
now.
Vice
versa
question,
yes,
building
number
two
is
under
contract
with
pacific
companies.
They
will
close
on
the
property
upon
receipt
of
the
of
the
parcel
itself
and
building
number
one
related
in
adria
are
under
contract
to
go
forward
and
they
are
moving
forward
with
their
building
plans
as
well.
They'll
be
submitting
those
and
and
that
timeline
will
be
established
by
related
nature,
submit
those
those
plans.
So
they
can
move
forward
with
the
construction
of
the
project
as
well.
J
Okay,
thank
you
that's
great
to
know,
so
I
am
regarding
the
bypass
I'm
still
a
little
confused,
so
the
the
original
approved
plan
includes
an
intention
to
build
bike
paths
on
both
north
and
south
side
of
stevens
creek,
and
with
this
new
resolution
we
are
also
modifying
the
conditional
for
approval
so
that
the
bike
plan
in
the
south
side
of
student
speaker
won't
be
required.
But
then
a
traffic
impact
fee
will
be
in
luffy
will
be
used,
so
how
much
in
movie
would
have
we
calculated
for
the
entire
project.
B
Was
280
thousand
dollars
for
traffic
impact
feed
yeah?
I
I
noticed
as
well
that
there
wasn't
a
schedule
of
total
fees.
I
was
going
to
follow
up
later,
but
would
anyone
from
staff
like
to
speak
to
that.
S
A
If,
with
respect
to
the
south
side
improvements,
if
the
developer
decided
to
move
forward
with
constructing
those
improvements,
those
tiff
fees
would
be
reduced
by
approximately
a
hundred
thousand
dollars,
which
is
the
estimated
value
of
those
improvements,
as
established
by
the
transportation
impact
v.
Nexus
study.
J
Well,
that
seems
very
low
right,
because
just
the
construction
for
offer
bypass
over
there
I
mean
it
makes
sense
that
they
don't
construct
the
south
side
of
stevens
creek
and
I'm
just
curious.
How
come
the
fee
is
so
low,
because
we
know
the
the
actual
construction
cost
for
bike
paths.
They
are
being
the
millions
no.
H
A
Study
and
then,
which
have
been
adjusted
to
address
construction
cost
indices,
increases
over
the
last
couple
of
years.
J
Did
this
any
safety,
majors
or
bike
safety
improvement
for
that
interception
considered
to
mitigate
the
impact.
A
So,
with
respect
to
the
project,
they
are
providing
the
light
box
on
the
north
side
to
facilitate
like
movements
there,
and
there
will
be
some
adjustments
to
the
traffic
signal.
It's
not
it's
not
a
lot
of
work
at
that
intersection,
but
there
will
be
some
adjustments
to
the
traffic
signal
to
address
some
bike
improvements.
There.
J
So,
as
of
now,
the
project
applicant
does
intend
to
construct
the
north
side
of
the
bypass,
which
will
be
great
on,
but
then
it
says
that
the
condition
is
if
caltrans
approves
the
permit
in
time
before
the
project
is
finished.
So
high
quality
will
make
sure
that
caltrin
does
provide
the
promise
so
that
the
back
path
can
be
constructed
in
time.
J
W
A
A
However,
if
caltrans
is
not
willing
to
approve
that
application,
we
do
have
a
condition
in
the
resolution
that
requires
the
applicant
to
reimburse
the
city
of
those
fees
so
that
we
can
continue
to
move
that
project
forward,
potentially
with
further
construction
of
the
stevens
creek
class.
Four
bike
lanes.
K
Thank
you,
mayor
paul,
so
I
I
do
have
a
question,
I'm
very
curious.
Why
is
the
statement
there
that
we,
just
council
member
moore,
just
suggested
we
and
emotion
that
we
strike?
Why
is
there
a
reason
why
the
developer
would
like
to
authorize
the
city
manager
have
authorized
industry
to
maybe
remove
the
bike
land
basement.
A
Based
on
previous
conversations
with
the
developer,
regarding
that
note,
there
was
some
concern
that
this
bike
path
may
adversely
affect
some
of
the
town
homes
along
the
path
there
potentially
causing
some
problems,
and
they
want
us
flexibility
to
be
able
to
move
quickly
to
address
those
concerns,
whether
it
potentially
was
an
adjustment
to
that
easement
or
modifications
thereof.
A
That
was
the
request
to
have
that
note.
Added
in
there
again,
I
think
per
councilman
moore's
recommendation
to
have
it
removed.
There
could
be,
you
know,
maybe
a
slight
delay,
maybe
as
much
as
a
couple
of
weeks,
or
I
guess,
maybe
more
like
a
month
month
and
a
half
as
opposed
to
being
able
to
do
it.
Super
quick
and
I
think,
to
a
certain
extent
that
provides
additional
transparency.
But
again
the
developer
was
concerned
about
trying
to
serve
residents
within
the
development
to
be
able
to
move
quickly
if
necessary.
A
B
Great
thanks
councilmember
way.
I
don't
have
further
hands
up,
I'm
ready
to
vote
on
this
motion
and
and
support
it
personally.
So
that'll
be
my
comment.
B
I
think
it's
justified
on
the
basis
of
the
evidence,
and
I
appreciate
councilmember
moore's,
noting
the
the
the
attempted
removal
of
council
and
public
oversight
of
the
of
any
prospective
easement
in
that
regard.
So
I
don't
see
further
hands
up,
and
so
I
will
ask
our
city
clerk,
madam
city
clerk,
could
you
please
conduct
a
roll
call
vote.
B
Okay,
we're
moving
along
nicely
in
this
meeting,
actually
right
on
schedule
with
regard
to
our
interstate
timing,
we're
a
couple
of
hours
in
let's
go
ahead
and
take
a
five
minute
break,
and
we
will
return
after
that
with
the
last
item
on
our
agenda
item
number
12
or
the
less
numbered
item,
at
least,
and
so
we'll
see
you
at
approximately
904
905.
thanks.