Liang - Unlawful "action" taken on June 4. 2018 during a study session

From: Liang-Fang Chao

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>

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."

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.

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."

On June 4, 2018, the agenda item description is

"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