Date: Fri, Aug 31, 2018 at 8:18 PM
Subject: Unlawful "action" taken on June 4. 2018 during a study session
To: City Clerk <CityClerk@cupertino.org>, City Attorney's Office <CityAttorney@cupertino.org>
Cc: City Council <citycouncil@cupertino.org>, manager@cupertino.org, "City of Cupertino Planning Dept." <planning@cupertino.org>
The many public
comments submitted during the commenting area, which ends on March 12,
2018, were based on the "Proposed Project", described in the NOP.
On June 4, 2018, the agenda item description is
Subject: Unlawful "action" taken on June 4. 2018 during a study session
To: City Clerk <CityClerk@cupertino.org>, City Attorney's Office <CityAttorney@cupertino.org>
Cc: City Council <citycouncil@cupertino.org>, manager@cupertino.org, "City of Cupertino Planning Dept." <planning@cupertino.org>
Dear Mayor Paul, Councilmembers, and City Attorney,
The
Vallco EIR refers to a "Revised Project", which is inconsistent with
the "Proposed Project" described in the NOP of the EIR, dated Feb. 8,
2018:
"Consistent with the
adopted General Plan, the Specific Plan would facilitate the development
of 600,000 square feet of commercial uses, 2.0 million square feet of
office uses, 339 hotel rooms, and 800 residential dwelling units
onsite."
Yet, the FEIR states
"Based
on input from City Council at its June 4, 2018 Study Session on the
Vallco Specific Plan, the City has identified another alternative to the
proposed project that would achieve all the goals expressed by the
different councilmembers at that meeting, including the desire to have a
more balanced jobs and housing community. This alternative is the
“revised project,” which consists of revisions to the project analyzed
in the Draft EIR (referred to, below, as the “previous project”).
The
revised project includes 460,000 square feet of commercial uses
(including a 60,000 square foot performing arts theater), 1,750,000
square feet of office uses, 339 hotel rooms, 2,923 residential units,
35,000 square feet of civic uses (including 10,000 square foot of
governmental use and 35,000 square feet of education space), and a
30-acre green roof."
"Conduct study session regarding Vallco Specific Plan and provide direction to staff"
No where does it mention that the "Proposed Project" will be revised to be beyond what the General Plan would allow.
No
where does it mention that any direction might involve an amendment to
the General Plan beyond the original stated bound for the Vallco
Specific Plan and the EIR.
Any
member of the public would interpret the agenda item to mean the
direction to staff would be among options ALL comply with the current
General Plan.
There is no way any member of the public, just
reading the agenda description, could be alerted that the General Plan
will be amended or that the number of housing units could be tripled or
more.
Apparently the Council took "action" on a study session item beyond the description of the item.
That violates the Brown Act.
Thus,
any "action" taken on June 4, 2018 should be voided since there is no
proper notice to the public who might wish to comment on the item.
Please cease and desist any future action on GPA or EIR, which might
result from the unlawful "action" taken on June 4, 2018 during the study
session limited to Vallco Specific Plan, which is supposed to comply
with the current General Plan.
I do expect a written response from the City Attorney on the action taken by the City to address this cease-and-desist request.
Sincerely,
Liang Chao
Cupertino resident
