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Home My WebLink AboutCC 07-07-2026 Youtube and Zoom TranscriptYoutube and Zoom Transcription https://youtube.com/playlist?list=PLDvNds977PLo&si=IL0hPbkwEn0EoLJ9 WEBVTT 1 00:00:00.000 --> 00:00:01.710 Community Hall: to orderâ€¦ let's seeâ€¦ 2 00:00:01.940 --> 00:00:12.069 Community Hall: Madam City Clerk, I'll repeat that. Good evening, it is 5.46. The July 7th, 2026 Special Meeting of the Cupertino City Council is called to order. 3 00:00:12.710 --> 00:00:16.440 Community Hall: Madam City Clerk, will you please call the roll Hans Merfren. 4 00:00:16.830 --> 00:00:22.250 Community Hall: Here. Councilmember Mohan. Here. Councilmember Wong. Here. Vice Mayor Chow. 5 00:00:22.630 --> 00:00:25.149 Community Hall: Here. Mayor Moore. Here. 6 00:00:25.660 --> 00:00:34.429 Community Hall: Thank you. We're going to begin with Item 1. It is a study session on the Health and Safety Element Update. Madam City Manager, do we have a presentation? 7 00:00:34.980 --> 00:00:41.040 Community Hall: Thank you, Mayor. This study session is a follow-up to a council study session that was held on May 19th. 8 00:00:41.090 --> 00:00:48.499 Community Hall: The goal of today's meeting is to provide a brief overview of the health and safety element update process and describe 9 00:00:48.500 --> 00:01:10.459 Community Hall: how the councils and the public comments that were raised in earlier study sessions have been addressed. The next step in the update process is for the element to be submitted to and reviewed by state agencies such as CAL FIRE and the Department of Forestry. PlaceWorks Senior Associate Eli Crispy will be presenting this item and community development staff are also in attendance to respond to questions. 10 00:01:22.280 --> 00:01:36.070 Community Hall: Good evening, Council, Mayor Moore. Eli will be presenting on the draft health and safety element that has been updated since the last meeting, as the City Manager mentioned. And with that, I'll turn it over to Eli. 11 00:01:53.310 --> 00:01:57.280 Community Hall: Good evening, Mayor Moore, Council Members, Eli Frisby with Place 12 00:01:59.570 --> 00:02:16.489 Community Hall: So today I will be giving a brief overview, as you heard, on the health and safety element. We will be focusing today's discussion on the comments that we've received from the Planning Commission and City Council, and the changes that we've made to the health and safety element in response to those comments. 13 00:02:16.590 --> 00:02:22.510 Community Hall: We'll then talk about the next steps for the element and wrap up with any questions or discussion items you may have. 14 00:02:24.370 --> 00:02:31.019 Community Hall: So, to recap the health and safety element, it is a required component of the City's general plan. 15 00:02:31.140 --> 00:02:36.650 Community Hall: Every city and county in California must have a health or safety element or something equivalent. 16 00:02:36.820 --> 00:02:52.110 Community Hall: And recent changes to state law require that the health and safety element be updated every time that the housing element is updated. So with that recent revision to Cupertino's housing element, it has prompted an update to the health and safety element. 17 00:02:52.470 --> 00:03:09.760 Community Hall: In this recent update, we have been focusing primarily on new state laws that have come into effect that are now mandating a lot more information be included in the health and safety element, primarily issues related to climate change and climate resilience and adaptation. 18 00:03:09.840 --> 00:03:16.329 Community Hall: But there's also been some statutory language that we now have to comply with around wildfire and extreme heat. 19 00:03:16.550 --> 00:03:25.089 Community Hall: We are also revising the health and safety element to better incorporate the most recent version of the countywide multi-jurisdictional hazard mitigation plan. 20 00:03:25.160 --> 00:03:43.630 Community Hall: That not only helps ensure that the health and safety element is concurrent with Cupertino's and the region's other safety-related plans, but incorporating the hazard mitigation plan also makes the city potentially more eligible for increased grant funding and disaster relief funding from the state, if that becomes necessary. 21 00:03:45.870 --> 00:03:58.180 Community Hall: There have been a handful of meetings already with city agencies regarding the health and safety element updates. There have been 2 study sessions, planning commission, one last year and one earlier this year. 22 00:03:58.260 --> 00:04:11.499 Community Hall: There was a meeting last year, a study session with the Public Safety Commission, and there was a public review period for the draft health and safety element that began in February of early this year and concluded back in May. 23 00:04:11.660 --> 00:04:19.420 Community Hall: There was also, as you may recall, been a previous study session with this Council in March, or excuse me, in May, and now we are here for a second one. 24 00:04:19.550 --> 00:04:27.799 Community Hall: Following tonight's study session, there'll be, as you heard, a series of review periods for various state agencies. 25 00:04:30.590 --> 00:04:48.640 Community Hall: because the topic has come up at previous sessions, we just wanted to be clear about the distinction between the city's general plan, which includes the health and safety element, and the city's building code. So, the health and safety element is really meant to be, of course, consistent with the building code and other aspects of Cupertino's municipal code. 26 00:04:48.770 --> 00:05:02.220 Community Hall: as well as other elements of the general plan and all other applicable plans and regulations. But the health and safety element as part of the general plan is really meant to be a high level policy direction that guides 27 00:05:02.270 --> 00:05:16.740 Community Hall: review and guide city policies regarding development and resource use. It can be used to address gaps in the building code or to establish more stringent requirements. But it is not typically where very detailed focus requirements live. 28 00:05:16.760 --> 00:05:28.360 Community Hall: That is generally reserved for the building code, which is where we have the very detailed specific language regarding development activities which does also integrate some new state changes to the fire code. 29 00:05:28.400 --> 00:05:34.040 Community Hall: and the wildland urban interface code, which is brand new for the current state building code. 30 00:05:35.700 --> 00:05:42.570 Community Hall: So with that overview, we can now move into discussing some of the comments that we've received and the changes that we have made in response. 31 00:05:43.480 --> 00:05:54.569 Community Hall: We have compiled the comments from the council members and other public comments that we have received into a table which is attached to your staff report as Attachment A. 32 00:05:54.750 --> 00:05:58.850 Community Hall: That also includes staff's recommended response to each of those items. 33 00:05:59.050 --> 00:06:05.309 Community Hall: The recommended response varies. In some cases, we are proposing entirely new policies or strategies. 34 00:06:05.350 --> 00:06:19.649 Community Hall: In other cases, we are suggesting revisions to existing policies and strategies. And then there are other places where we felt the appropriate response was to revise some of the background information and the context that is included in the health and safety element. 35 00:06:20.030 --> 00:06:30.250 Community Hall: The comments generally fell into about 8 buckets that you see here under the key themes, emergency preparedness and outreach, evacuation analysis and planning. 36 00:06:30.310 --> 00:06:42.220 Community Hall: Emergency access, wildfire development, groundwater contamination and hazardous materials, extreme heat mitigation, noise reduction, and alignment with the city's climate action plan. 37 00:06:43.830 --> 00:06:48.430 Community Hall: On the emergency preparedness side of things, there have been 38 00:06:48.550 --> 00:07:01.600 Community Hall: Several new policies we have added to better address the comments that you all and other officials and members of the public have raised regarding this topic. You can see the issues covered by those policies and strategies here. 39 00:07:01.740 --> 00:07:18.040 Community Hall: There are also a few places where we felt it was more appropriate simply to revise an existing policy to better address the comment that we've received. So you will see on these slides a couple places where we have indicated revise, and that simply means that we have adjusted something that was already in the draft element. 40 00:07:19.680 --> 00:07:24.269 Community Hall: There were quite a few on that topic. Some of the other topics, the revisions have been 41 00:07:24.700 --> 00:07:26.160 Community Hall: A little more limited. 42 00:07:26.310 --> 00:07:31.190 Community Hall: On regional coordination, on hazardous materials, and on public safety. 43 00:07:31.380 --> 00:07:34.280 Community Hall: There were generally only a handful of 44 00:07:34.380 --> 00:07:43.609 Community Hall: policy revisions or new policies or strategies that we felt were necessary to best respond to the Council and to other official and public comments. 45 00:07:45.080 --> 00:07:57.300 Community Hall: There were a few more on the fire safety side of things, primarily related to development standards. As you can see, a mix of both new policies and strategies and revisions to existing ones. 46 00:07:58.140 --> 00:08:05.050 Community Hall: It's like And on climate change resilience and alignment with the city's climate action plan, there have been 47 00:08:05.170 --> 00:08:13.119 Community Hall: several things added to the health and safety element or revise as well. I should point out that for most of these policies and strategies. 48 00:08:13.300 --> 00:08:24.969 Community Hall: The ones that are indicated new are only new for the health and safety element. They are largely to be in alignment with the policies and strategies that are already in the city's adopted climate action plan. 49 00:08:24.970 --> 00:08:34.249 Community Hall: So these are not necessarily new policies for the city. They're simply new in the general plan. And that means that we are more effectively syncing up with the city's adopted climate action plan. 50 00:08:35.520 --> 00:08:42.180 Community Hall: And then there have also been some handful of new and revised policies and strategies on noise as well in response to those comments. 51 00:08:44.059 --> 00:08:47.539 Community Hall: So with that, we can discuss the next steps. 52 00:08:48.050 --> 00:08:56.699 Community Hall: As you heard, there are a handful of state agencies that, by law, must be allowed to review and provide comments, if they desire, on the health and safety element. 53 00:08:56.870 --> 00:08:57.910 Community Hall: The. 54 00:08:58.010 --> 00:09:01.970 Community Hall: I would say that the most stringent review. 55 00:09:02.080 --> 00:09:03.919 Community Hall: Is likely to come from the 56 00:09:04.510 --> 00:09:19.490 Community Hall: California Department of Forestry and Fire Protection, also known as Cal Fire and the Board of Forestry. They have a mandatory 120 day review period prior to the City Council taking any action on adopting the health and safety element update. 57 00:09:19.620 --> 00:09:37.369 Community Hall: Concurrent with that CAL FIRE review, we will also be conducting statutorily required reviews with the Governor's Office of Emergency Services and with the California Geological Survey. These are all opportunities for these agencies to review the draft element and to provide comments. 58 00:09:37.400 --> 00:09:56.250 Community Hall: But these agencies do not formally approve or certify the health and safety element. It is not like, for example, the housing element where HPD has a formal review and certification process. That is not the case here. They just have to be given the chance to see the draft element and to provide any comments or recommendations. 59 00:09:56.650 --> 00:10:03.790 Community Hall: In addition to the state agency review, there will also be an environmental review, as required by the California Environmental Quality Act. 60 00:10:03.880 --> 00:10:16.919 Community Hall: and after the review process we'll be bringing the health and safety element back to the city for public hearings with the planning commission, and then back with the city council, and we are currently expecting those hearings to be in the fall of this year. 61 00:10:18.410 --> 00:10:35.219 Community Hall: So that concludes our presentation this evening. Staff's recommendation to you all to receive the presentation, to provide input on the public draft, health and safety element, and to direct staff to begin the consultation and review process with the required State agencies. So thank you very much. 62 00:10:37.260 --> 00:10:45.439 Community Hall: All right. Thank you, Eli, for the presentation. Do we have at this time any clarifying questions from the Council prior to public comments? 63 00:10:52.160 --> 00:10:53.540 Community Hall: Councilmember Freund. 64 00:10:54.120 --> 00:10:56.639 Community Hall: Just really quickly, you noted that 65 00:10:56.950 --> 00:11:13.510 Community Hall: The update of the housing element triggers an update of the health and safety element. We are currently in the process of amending the housing element for additional sites, so we have to do additional amendment of the health and safety element after that process concludes. 66 00:11:17.900 --> 00:11:26.600 Community Hall: I do not believe you'll be required to do that. The state law requires that the health and safety element be reviewed at least once every 8 years. 67 00:11:26.680 --> 00:11:40.069 Community Hall: upon updates to the housing element or the local hazard mitigation plan. So if the health and safety element remains very current and up to date when those other documents are updated, there shouldn't be a need to make revisions. Okay, thanks. 68 00:11:46.340 --> 00:11:47.450 Community Hall: Vice Mayor? 69 00:11:48.830 --> 00:11:49.680 Community Hall: Hello. 70 00:11:50.060 --> 00:12:00.030 Community Hall: Hi, thank you for the presentation. So you mentioned the county-wide multi-jurisdiction hazard mitigation plan. 71 00:12:00.610 --> 00:12:05.099 Community Hall: I don't believe that's included in the agenda packet. 72 00:12:05.500 --> 00:12:13.209 Community Hall: Could you give us a little more detail and maybe share that plan with us later? 73 00:12:13.760 --> 00:12:20.369 Community Hall: Yes, it is not in the agenda packet. There is a link to it in the health and safety element itself. 74 00:12:20.500 --> 00:12:27.049 Community Hall: It is certainly available on the county's website and potentially the city's. Very briefly, it is a. 75 00:12:27.440 --> 00:12:34.570 Community Hall: It is a detailed 5-year plan that the county does in coordination with all of the incorporated communities. 76 00:12:34.720 --> 00:12:40.749 Community Hall: And it identifies short-term actions for the county and local governments to take 77 00:12:40.870 --> 00:12:43.379 Community Hall: To better protect against natural hazards. 78 00:12:43.650 --> 00:12:47.309 Community Hall: Oh, so what kind of hazard is included? 79 00:12:48.280 --> 00:12:56.780 Community Hall: It's looking at many of the similar hazards that are in the health and safety element, wildfire floods, droughts, severe weather. 80 00:12:56.780 --> 00:13:13.939 Community Hall: earthquakes, very, very similar topics. So just curious, we have state requirements, and then what would the multi-jurisdiction plan do that, in addition, that would require multi-jurisdiction coordination? 81 00:13:14.190 --> 00:13:21.669 Community Hall: It allows the cities and the counties to better sync up with what the state does. The state has their own hazard mitigation plan. 82 00:13:21.760 --> 00:13:37.110 Community Hall: They're directed to do so by the federal government. So having a city and a county one just better aligns with the state's efforts. There are also some increased funding opportunities that become available from FEMA, the Federal Emergency Management Agency. 83 00:13:37.310 --> 00:13:40.149 Community Hall: So having an up to date hazard mitigation plan. 84 00:13:40.160 --> 00:13:53.219 Community Hall: makes a city and the county more eligible for that increased funding. And it's also just good planning practice to have a county-wide safety plan to address these hazards. I guess, for example. 85 00:13:53.220 --> 00:14:00.490 Community Hall: We have found some hazard material from the dry cleaners in some of the city sites. 86 00:14:00.500 --> 00:14:02.139 Community Hall: And then ifâ€¦ 87 00:14:02.390 --> 00:14:17.360 Community Hall: Initially, the developer would like to mitigate it themselves, monitor themselves, but then we gotâ€¦ have the county agency got involved. So would this kind of process be more, 88 00:14:17.850 --> 00:14:22.830 Community Hall: and easier forâ€¦ would that be part of the multi-jurisdiction plan? 89 00:14:23.570 --> 00:14:26.609 Community Hall: So it's more standardized later. 90 00:14:27.150 --> 00:14:40.019 Community Hall: So I think the local, the multi-jurisdiction hazard mitigation plan doesn't necessarily cover soils mitigation. It covers hazards that are natural hazards or other 91 00:14:40.020 --> 00:14:54.260 Community Hall: items that, thatâ€¦ events that might occur, and howâ€¦ what's the city's response and the county's response to that? Oh, so like earthquake? Like an earthquake, like a solar flare, like an extreme heat event, things like that, butâ€¦ 92 00:14:54.260 --> 00:15:02.030 Community Hall: the soils mitigation, which is environmental cleanup stuff, that is not necessarily covered under that. I see, so not pollutionâ€¦ 93 00:15:02.140 --> 00:15:07.679 Community Hall: The hazard does not include it. That is my understanding, correct. Okay, thank you. 94 00:15:11.160 --> 00:15:29.840 Community Hall: So I just have kind of a basic question here regarding the red lines that we see in the agenda packet. Can you explain what those are with regards to the health and safety element that we were shown in May? 95 00:15:32.380 --> 00:15:45.409 Community Hall: So the draft health and safety element that was presented in May had red lines in them, and the packet that is, that has been provided tonight includes yellow highlights for the additional changes that were made since. 96 00:15:45.560 --> 00:15:46.440 Community Hall: Okay. 97 00:15:46.760 --> 00:15:56.779 Community Hall: And is that mentioned in the staff report about the yellow highlights? I believe so. Because I missed that part, but that's really important to catch that. 98 00:15:56.910 --> 00:16:02.180 Community Hall: Okay. It's at the top of page 3, I think. 99 00:16:02.280 --> 00:16:03.280 Community Hall: Okay. 100 00:16:06.050 --> 00:16:10.250 Community Hall: So I'm not. Well, Vice Mayor, your hand is still raised. Okay. 101 00:16:10.410 --> 00:16:12.590 Community Hall: Are there any further? 102 00:16:12.900 --> 00:16:15.059 Community Hall: Questions from the Council. 103 00:16:15.680 --> 00:16:21.750 Community Hall: Before we go out for public comment. Madam City Clerk, do you have any members of the public that would like to speak on this item? 104 00:16:25.690 --> 00:16:36.650 Community Hall: Mayor, at this time, I don't see any requests here in person in Community Hall. I do have one hand raised virtually. Okay. So at this time, we will go ahead and welcome Jennifer Griffin. 105 00:16:39.400 --> 00:16:41.560 Jennifer Griffin: Can you all hear me okay? 106 00:16:42.100 --> 00:16:43.210 Community Hall: We can hear you. 107 00:16:43.210 --> 00:16:49.769 Jennifer Griffin: Good. Thank you. Welcome. I'm glad that everyone is talking about this. 108 00:16:49.770 --> 00:17:03.999 Jennifer Griffin: I'll tell you I attended. I've been hearing about this update went to the meetings, and I'm very, very pleased that everyone is taking this very, very responsibly. I will tell you that I have heard a lot of 109 00:17:04.000 --> 00:17:09.950 Jennifer Griffin: extremely tightâ€¦ I'm sorry, trite responses about CEQA 110 00:17:10.030 --> 00:17:13.339 Jennifer Griffin: Some of the housing bills, some people 111 00:17:13.430 --> 00:17:30.319 Jennifer Griffin: not Cupertino, but other comments. And I don't think people understand how important environmental concerns, safety concerns, fire evacuations, etc. Are, especially in California. 112 00:17:30.420 --> 00:17:49.190 Jennifer Griffin: with the 2 large earthquakes in Venezuela. Recently I have a girlfriend who is from Chile, and she said she went through a 9.5 earthquake in 1960 as a 10 year old, so you can understand, and that had tsunamis. I 113 00:17:49.300 --> 00:18:08.959 Jennifer Griffin: I you have, and there was a 3.7 and a 2.6 in St. Helena an hour ago. I have a stepsister up there. So yes, these are things that happen repeatedly in California, but people who oftentimes are not from the area don't have a good grip on what 114 00:18:08.960 --> 00:18:23.949 Jennifer Griffin: it is to live in California. So I am very, very pleased that the staff and everyone has taken these updates extremely responsibly, especially with the type of dynamic, enviro- 115 00:18:24.340 --> 00:18:38.610 Jennifer Griffin: things that are going on in the state. I'mâ€¦ I'm very pleased to see that everyone is taking a very, very realistic approach, and having a multifaceted, multi-jurisdictional response 116 00:18:38.610 --> 00:18:46.530 Jennifer Griffin: Two, fire, environmental issues, landslides, bad storms. 117 00:18:46.750 --> 00:19:01.979 Jennifer Griffin: contamination issues, water problems, and earthquakes, etc, is very, very hopeful, and I'm hoping that as we proceed forward, that we keep this in mind and act rationally. 118 00:19:01.980 --> 00:19:08.259 Jennifer Griffin: Because I have seen a lot ofâ€¦ I'll just call it hysteria about various things, andâ€¦ 119 00:19:08.340 --> 00:19:24.720 Jennifer Griffin: trying to get back to basics and try to deal with things as they occur, set up potential emergency responses, making sure that if you know that schools, businesses, the city fire department 120 00:19:24.780 --> 00:19:41.580 Jennifer Griffin: emergency services are all in this together, because anything can happen at any time, and I hope that in the future, if we do have, things happen, that we're not, you know, that we're, of course, that we are 121 00:19:41.650 --> 00:19:44.320 Jennifer Griffin: prepared for them. So, thank you very much. 122 00:19:48.440 --> 00:20:05.949 Community Hall: Mayor, there are no more requests to speak virtually, so that concludes the request to speak on this item. All right, thank you very much. Looking at, page 64 of the report, the evacuation route assessment requirement, with this change, for instance, theâ€¦ 123 00:20:05.950 --> 00:20:23.439 Community Hall: review of the Linda Vista project in the future, and it says, require new subdivisions or developments of five or more lots or units to prepare and to submit to the city for review and evacuation route assessment if they are located in at least one of these areas. 124 00:20:23.710 --> 00:20:31.199 Community Hall: An area with evacuation constraints, as shown in Figure HS3, evacuation-constrained residential areas. 125 00:20:31.360 --> 00:20:41.790 Community Hall: A high or very high fire hazard severity zone, which that it would qualify for, and an area with a slope of 30% or more. 126 00:20:42.000 --> 00:20:42.760 Community Hall: Umm. 127 00:20:42.950 --> 00:20:47.819 Community Hall: I'm going to assume that the answer to that is yes, but I'm not clear on that. 128 00:20:48.030 --> 00:20:59.499 Community Hall: The policy cannot be applied retroactively to that particular project, but if another project were to be proposed, then yes, it would apply, if once the city adopts this element. 129 00:21:00.240 --> 00:21:01.030 Community Hall: Okay. 130 00:21:01.450 --> 00:21:06.120 Community Hall: Good, thank you. Do I have anyâ€¦ Councilmember Wong? 131 00:21:06.430 --> 00:21:11.279 Community Hall: I have a question, what's the basis for not being able to apply something retroactively before something is built? 132 00:21:12.360 --> 00:21:32.010 Community Hall: That would be in State law under Sb. 330. The city can only apply policies, guidelines, regulations that are in effect when a project applies for their Sb. Either their Sb. 330 preliminary application or their complete formal application. Okay, so the State has destined these. 133 00:21:32.510 --> 00:21:37.550 Community Hall: people to aâ€¦ Fire sentence. Okay, good to know, thank you. 134 00:21:41.080 --> 00:21:51.399 Community Hall: Do I have any further questions, or do I have a motion on this? Actually, what are we looking for? Receive the presentation and provide input. 135 00:21:51.400 --> 00:22:01.699 Community Hall: I suppose we could do a straw poll. Do I hear any further revisions which members of the Council would like to make at this time? 136 00:22:01.720 --> 00:22:03.559 Community Hall: Suggestions on those? 137 00:22:06.010 --> 00:22:11.380 Community Hall: Councilmember Freund, followed by Councilmember Mohan, followed by the Don't have anyâ€¦ 138 00:22:11.510 --> 00:22:16.000 Community Hall: additions that I'm proposing at present. I did want to thank staff, though, the 139 00:22:16.180 --> 00:22:22.080 Community Hall: documents that are part of the packet are extremely comprehensive. It's really easy to find 140 00:22:22.770 --> 00:22:32.000 Community Hall: where a policy has been altered in response to either a public suggestion, or something that one of us made, or something that a planning commissioner made. I think it makes it really easy to track 141 00:22:32.640 --> 00:22:35.800 Community Hall: how you've altered things. It's very helpful. Thank you. 142 00:22:39.080 --> 00:22:40.070 Community Hall: I'm 143 00:22:40.070 --> 00:23:01.670 Community Hall: Just really quick, with regards to law enforcement response times, ensure that law enforcement emergency response times consistently meet the standards of the Santa Clara County Sheriff's Department. May we have a copy of what those standards are? That could come as an informational memo to the council. I think that that would help. 144 00:23:02.510 --> 00:23:05.159 Community Hall: All right. Next is Councilmember Mohan. 145 00:23:07.010 --> 00:23:11.709 Community Hall: I had a question about the city facilities retrofit. 146 00:23:11.830 --> 00:23:14.080 Community Hall: Is that new, 147 00:23:14.590 --> 00:23:19.629 Community Hall: Can't find it right here in this document, but it'sâ€¦ it's stated that 148 00:23:19.920 --> 00:23:21.810 Community Hall: There was nothing new to add. 149 00:23:22.300 --> 00:23:25.789 Community Hall: And I wasn't sure what that meant. Was it already in theâ€¦ 150 00:23:26.570 --> 00:23:40.719 Community Hall: health and safety element? Yes, there's already a policy in the health and safety element related toâ€¦ Oh, because I think the word that confused me was it's not required, and required in quotes. That wasâ€¦ 151 00:23:41.880 --> 00:23:46.770 Community Hall: Yeah. So we basically amended an existing policy to address the comment. 152 00:23:48.000 --> 00:23:56.099 Community Hall: Okay, but it is required, right? That the city facilities be seismicallyâ€¦ I will have to. 153 00:23:56.360 --> 00:24:12.169 Community Hall: look to Eli about that. In general, I think it is good policy to have a facility that is, that can respond to the residents needs in the event of an emergency, so that the city is prepared to provide the services that residents need. 154 00:24:12.230 --> 00:24:25.819 Community Hall: And so there was an existing policy in the health and safety element that was amended to specifically also address the comment that was made. OK, so it is required. Yes, in the draft, it is required, correct. 155 00:24:26.190 --> 00:24:26.950 Community Hall: Thank you. 156 00:24:28.620 --> 00:24:29.609 Community Hall: Oh, oh. 157 00:24:29.710 --> 00:24:42.280 Community Hall: If I could, one question about the evacuation routes. The last time this discussion came up relative to a development 158 00:24:42.430 --> 00:24:45.010 Community Hall: There was some uncertainty about 159 00:24:45.170 --> 00:24:54.450 Community Hall: where these evacuation routes are. Do we have evacuation routes for every neighborhood, or is that something that we are proposing to have, orâ€¦ 160 00:24:54.880 --> 00:25:00.490 Community Hall: Because I don't know in my neighborhood if we have one, and I've lived in the same neighborhood for years. 161 00:25:00.530 --> 00:25:17.650 Community Hall: My understanding is that the Office of Emergency Services works with the fire department and the sheriff's department to identify the emergency access routes, and that there are maps that are on the emergency services side of things that identify 162 00:25:17.650 --> 00:25:24.770 Community Hall: the emergency routes. But with this, updated draft, we do have a policy in here so that we can make those 163 00:25:24.770 --> 00:25:43.989 Community Hall: Emergency access routes also available on our GIS system, so there will be some more updates to the city's mapping systems on our end to make sure that everything's available to everyone. Okay, that's really good to hear because I did look at the map in this document and it was veryâ€¦ 164 00:25:44.370 --> 00:25:49.150 Community Hall: Evacuation routes leading to the freeways was very clearly marked. 165 00:25:49.380 --> 00:25:51.810 Community Hall: But not so the, sort of, neighborhood. 166 00:25:52.440 --> 00:26:09.819 Community Hall: routes. Right, and because emergencies are not necessarily defined in terms of where those emergencies are, those routes could have to be moved based on, you know, the best available information at the time that the sheriff's department or the fire department have. 167 00:26:09.820 --> 00:26:17.580 Community Hall: And which is why they direct, people to, pay specific attention to, I believe it's called Genesis Protect, is the system that they use. 168 00:26:17.580 --> 00:26:27.190 Community Hall: And that's what they essentially use to get the information out to people. So I think the messaging really is follow all directions that you get from, the, the. 169 00:26:27.310 --> 00:26:39.099 Community Hall: departments or theâ€¦ the agency that'll be assisting residents in getting out, in a safe manner. So, when the emergency happens, notâ€¦ not before? Because you don't know where the emergency is. True, true. 170 00:26:39.650 --> 00:26:40.440 Community Hall: Thank you. 171 00:26:41.940 --> 00:26:43.089 Community Hall: Vice Mayor. 172 00:26:44.370 --> 00:26:45.430 Community Hall: Oh. 173 00:26:45.550 --> 00:26:47.790 Community Hall: Soâ€¦ Oh. 174 00:26:48.500 --> 00:26:53.939 Community Hall: Sorry, did I share the, let me re-share, I think I shared the entire screen. 175 00:26:55.750 --> 00:26:58.519 Community Hall: Oh, where is this top share? 176 00:27:01.210 --> 00:27:02.490 Community Hall: Sure. 177 00:27:03.010 --> 00:27:08.699 Community Hall: The window. Yeah. Okay. Here. Iâ€¦ first, I'd like toâ€¦ 178 00:27:08.870 --> 00:27:18.879 Community Hall: point out some of the things that's included in this draft, and then I have a question. So I see here that you have included the 179 00:27:19.040 --> 00:27:28.239 Community Hall: for new development. There will be standard for interior noise standards and 180 00:27:28.380 --> 00:27:45.619 Community Hall: post-construction monitoring. So, thank you for that, and then I see that there is a new policy on freeway sound walls, because we have some neighborhood that the sound wall is not continuous, so we will support the evaluation installation of that. 181 00:27:46.030 --> 00:27:47.220 Community Hall: I'm sorry. 182 00:27:47.800 --> 00:27:53.709 Community Hall: Jump the and then on freeway sound will sponsorship policy. 183 00:27:53.960 --> 00:28:01.220 Community Hall: And then we will have a noise impact analysis from this freeway sound wall. 184 00:28:02.630 --> 00:28:04.870 Community Hall: And then on. 185 00:28:05.200 --> 00:28:11.969 Community Hall: I see in here we have a new policy on the leaf blower noise. 186 00:28:12.260 --> 00:28:13.600 Community Hall: And, 187 00:28:13.830 --> 00:28:23.309 Community Hall: But then I have a question about the truck noise. It seems we already have a policy on reduction of noise from trucking operation. 188 00:28:23.740 --> 00:28:26.120 Community Hall: And then. 189 00:28:26.300 --> 00:28:32.800 Community Hall: That already says that we should carry out noise mitigation measures to And. 190 00:28:32.970 --> 00:28:39.839 Community Hall: include the regulation of truck speed, volume of truck activity, and trucking activity. 191 00:28:40.160 --> 00:28:48.509 Community Hall: And so my question is, what have we done in this area since this policy is already in the general plan? 192 00:28:49.780 --> 00:29:01.299 Community Hall: I'm not sure I have the specifics of what the city has done. We'd have to discuss that with the Public Works Department as well, and withâ€¦ So, supposedly, they should be in the annual progress report? 193 00:29:01.650 --> 00:29:10.199 Community Hall: I'll have to find out more about that, I'm not familiar with that. Okay, yeah, it's good to know we have this policy, but I'm curious. 194 00:29:10.350 --> 00:29:22.199 Community Hall: how is our progress in implementing it? I do know there are regular meetings between staff, community development, public works, and the county on this issue. 195 00:29:22.540 --> 00:29:29.569 Community Hall: So we are in touch, we have coordinated when there have been noise complaints, I think 196 00:29:29.800 --> 00:29:38.820 Community Hall: one of the two quarries has been more problematic than the other, because it predates even use permit restrictions, so that has created, I think itâ€¦ 197 00:29:39.030 --> 00:29:43.049 Community Hall: Difficulty even for the county to be able to enforce the noise, butâ€¦ 198 00:29:43.200 --> 00:30:03.390 Community Hall: We do have regular standing meetings with county staff on this issue. Thank you. And the policy does talk about carry out noise mitigation majors. So I'm curious what noise mitigation majors have been considered in the past. Are they working or not? You can get back to us later. 199 00:30:03.410 --> 00:30:13.949 Community Hall: Yeah. Another question is regarding the street signage. It talks about signage for the quarry related trucks. 200 00:30:14.110 --> 00:30:15.360 Community Hall: And. 201 00:30:15.720 --> 00:30:19.310 Community Hall: I'm just curious, this says consider. 202 00:30:20.010 --> 00:30:23.779 Community Hall: Where weather restrictions on movement. 203 00:30:24.390 --> 00:30:25.640 Community Hall: Of trucks. 204 00:30:26.990 --> 00:30:40.570 Community Hall: On such Stevens Creek and Foothill Boulevard can be implemented and install signage to help enforce adopted regulation. So so we are saying consider. 205 00:30:40.660 --> 00:30:44.619 Community Hall: Were there restrictions on the movement? Is it because we areâ€¦ 206 00:30:44.670 --> 00:31:02.770 Community Hall: not sure at this point we can restrict the movement. Right, because itâ€¦ because, as Luke mentioned, the use permit predates, use permit requirements for, quarries, so to that extent, you know, whether we can enforce conditions that are, you know, anyâ€¦ anyâ€¦ 207 00:31:02.790 --> 00:31:10.380 Community Hall: restrict movement of the trucks to the quarries. So I believe oneâ€¦ I think Stevens Creek Boulevard is also a stateâ€¦ 208 00:31:10.410 --> 00:31:14.620 Community Hall: route of some sort, and I'm not 100% what kind of route it is. 209 00:31:14.720 --> 00:31:26.190 Community Hall: city might have limitations on what the city can do to restrict movement of the truck. So we have to find out more. This is, this policy will give the city 210 00:31:26.190 --> 00:31:37.600 Community Hall: the ability to go ahead and possibly review what options we have, and adopt those as municipal code regulations. And onceâ€¦ I believe there's, 211 00:31:37.770 --> 00:31:41.030 Community Hall: Title 11 is what in for you know. 212 00:31:41.150 --> 00:31:58.799 Community Hall: implements, any regulations that we can implement on the streets once we update title, chapters, certain chapters in Title 11, then those signs can be installed and enforced. Okay, yeah. I'mâ€¦ I think there isâ€¦ there appears to be dispute on 213 00:31:58.870 --> 00:32:07.180 Community Hall: Whether they use permit for mining is, since they don't mine, they don't, they have stopped mining inâ€¦ 214 00:32:07.400 --> 00:32:16.309 Community Hall: But now they have a new operation that does not predate the use permit. So there is a dispute on whether that 215 00:32:16.450 --> 00:32:25.499 Community Hall: use permit from the old days still apply. So maybe that's something we can Talk with the county about. 216 00:32:25.820 --> 00:32:29.789 Community Hall: And so, I mean, another policy is, is, 217 00:32:30.050 --> 00:32:32.630 Community Hall: 8.8, I think that's ourâ€¦ 218 00:32:33.180 --> 00:32:44.350 Community Hall: already. It's a new policy, but it was already in the the last versions, and but I thought it's good to point out that this talks about 219 00:32:44.350 --> 00:32:58.539 Community Hall: noise generating uses, including public and private recreational uses adjacent to residential area. So I think this is a good policy that we should include. Thank you for that. 220 00:33:00.900 --> 00:33:06.670 Community Hall: Thank you, Vice Mayor, for bringing up the, rock crushing, 221 00:33:06.880 --> 00:33:15.240 Community Hall: I would want to somehow have it added in to review the vested rights of 222 00:33:15.520 --> 00:33:24.589 Community Hall: Lehigh or Heidelberg materials, for the rock crushing that they've been conducting there, because 223 00:33:24.740 --> 00:33:29.630 Community Hall: They apparently had a 10-year lapse, 224 00:33:29.730 --> 00:33:49.289 Community Hall: where they were not conducting that. And now they have allegedly given those rights over to Vulcan materials, and they brought in temporary rock crushing material equipment. So it's being done outdoors. And 225 00:33:49.490 --> 00:33:52.359 Community Hall: I'd like to know if that is, 226 00:33:52.420 --> 00:34:08.480 Community Hall: something that can be regulated, whether or not Vulcan Materials is allowed to be conducting their commercial activity at that location, because they are selling off the crushed rock to, 227 00:34:08.480 --> 00:34:21.090 Community Hall: other companies, like, I believe, Star Concrete, and those trucks will drive up and then purchase from that location. It seems almost like they're running a 228 00:34:21.090 --> 00:34:28.649 Community Hall: commercial operation. Now it's not simply that they're crushing rock, it's that they're having purchasers. 229 00:34:28.889 --> 00:34:34.490 Community Hall: come up very early in the morning, so I'm not sure quite how to get that, 230 00:34:35.150 --> 00:34:57.829 Community Hall: into this reduction of noise from trucking operations item, the policy HS 8.7, but I do think it needs to be addressed, and that as a single council member that I would need the support of the other council members in order to direct our city attorney to be looking into this, because it will take a considerable amount of time, I would assume. 231 00:34:57.930 --> 00:35:11.649 Community Hall: in order to look into that. So with working with the county, I think this is an important question to get answered. Did they lose their vested rights when they didn't operate for 10 years? 232 00:35:11.670 --> 00:35:20.420 Community Hall: that I would like to see looked into going back to the sound wall requirements. Hs. 8.2.3 233 00:35:20.840 --> 00:35:24.959 Community Hall: I'm wondering if that applies to other, 234 00:35:25.120 --> 00:35:40.719 Community Hall: nuisance noise, such as sports courts, because it says exercise discretion in requiring sound walls. What'sâ€¦ so what is the definition of a sound wall? I would think that having sound-attenuating, materials 235 00:35:40.720 --> 00:35:49.600 Community Hall: could perhaps fall into that definition. So I think that this area the noise element shouldâ€¦ 236 00:35:50.550 --> 00:35:55.729 Community Hall: should address that. You know, what's the definition of a sound wall? Andâ€¦ 237 00:35:55.880 --> 00:36:10.919 Community Hall: What it's saying is to exercise discretion in requiring sound walls to be sure that all other measures of noise control have been explored before permitting or installation of a sound wall, and that if the installation is permitted, ensure the sound wall 238 00:36:11.360 --> 00:36:16.570 Community Hall: is architecturally enhanced with veneer or other decorative cladding. 239 00:36:18.220 --> 00:36:35.190 Community Hall: maintained at the expense of the sponsors of the sound wall. So some of this, if the definition of a sound wall fits with a sports noise nuisance, some of this other language here 240 00:36:35.190 --> 00:36:44.199 Community Hall: is too prescriptive. If I may, this really applies to private development. This particular policy is not necessarily, pertained to, 241 00:36:44.330 --> 00:36:47.990 Community Hall: Freeway sound walls or other sound walls that, 242 00:36:48.140 --> 00:36:51.920 Community Hall: Could be utilized for other purposes, such as public. 243 00:36:52.830 --> 00:37:02.810 Community Hall: Okay, so is there anything in this policy section that would apply to nuisance noise from 244 00:37:03.110 --> 00:37:10.540 Community Hall: it will just make up a new game that's going to come to Cupertino and create a lot of noise. 245 00:37:10.540 --> 00:37:23.699 Community Hall: No, no, this is meant for development, for private development. Okay, so how would we address a change of use within the city on city property? 246 00:37:23.770 --> 00:37:34.979 Community Hall: That would be up to theâ€¦ that's at the City Council's discretion, for design or any of those other things. So thatâ€¦ that doesn't necessarily apply. This policy does not apply to that requirement. 247 00:37:35.880 --> 00:37:37.990 Community Hall: Okay, Vice Mayor. 248 00:37:38.460 --> 00:37:40.080 Community Hall: Oh, yeah. 249 00:37:40.750 --> 00:37:43.459 Community Hall: So let me shareâ€¦ 250 00:37:49.830 --> 00:37:50.670 Community Hall: 4th. 251 00:37:50.850 --> 00:37:53.400 Community Hall: First, st I'd like to point out 252 00:37:53.870 --> 00:38:07.610 Community Hall: some other good policy, new policy introduced. So this is in this policy enhance for new residential non-residential multifamily. We would require 253 00:38:08.190 --> 00:38:25.569 Community Hall: enhance the shading. I think that's really important, given the weather we have, that would provide cooling and shading features, and then enhance the shading for otherâ€¦ for the existing non-residential and multifamily development. 254 00:38:25.770 --> 00:38:29.870 Community Hall: Especially given, 15. 255 00:38:30.050 --> 00:38:44.910 Community Hall: 72, that, I think, there has beenâ€¦ there will be requirement to not use potable water for turf material, but maybe communities can consider, adding more trees inâ€¦ 256 00:38:45.260 --> 00:38:46.370 Community Hall: Instead. 257 00:38:46.480 --> 00:38:49.349 Community Hall: And but I do have a question. 258 00:38:49.480 --> 00:38:53.739 Community Hall: aboutâ€¦ I'm not sure if it's applicable to here, butâ€¦ 259 00:38:53.990 --> 00:38:57.260 Community Hall: I need to share again. Okay. 260 00:38:57.420 --> 00:38:58.290 Community Hall: Here. 261 00:38:58.730 --> 00:39:04.420 Community Hall: So, I'mâ€¦ I'm, I've, I've been wondering, and I would, I hope that we. 262 00:39:04.540 --> 00:39:08.210 Community Hall: I don't like to see more concrete. 263 00:39:08.900 --> 00:39:16.099 Community Hall: pavement for parking lots. So this is a kind of parking lots I've seen that inâ€¦ 264 00:39:16.710 --> 00:39:23.049 Community Hall: in China, in Taiwan, so turf the parking lot or driveways. 265 00:39:23.080 --> 00:39:39.430 Community Hall: So if we would like to encourage more of this green, livable, permeable driveway or parking lot is this a appropriate place, or we could. There are other 266 00:39:39.540 --> 00:39:40.980 Community Hall: venue forâ€¦ 267 00:39:41.050 --> 00:39:49.600 Community Hall: Because I see shading is part of theâ€¦ this element, so that reminds me, maybe this could be a health element. 268 00:39:49.600 --> 00:40:01.599 Community Hall: So, we're actually ahead of the game on this one, because we do have these kinds of parking lots at Blackberry Farm. So we do do the grasscrete, pavers at Blackberry Farm in the parking lot. 269 00:40:01.600 --> 00:40:15.840 Community Hall: But with that said, I would think that this would probably be a little bit better suited for water conservation and the environmental sustainability of it. I think there might even be policies in there to that effect. 270 00:40:15.940 --> 00:40:30.199 Community Hall: for permeability, for increased permeability in development and parking lots. Yeah, maybe for new development, they can consider also install things to collect rainwater with this kind of parking lot. 271 00:40:30.200 --> 00:40:39.449 Community Hall: rather than a large area for parking. Looking to see what's there and how we can maybe possibly tie it into this element as well. 272 00:40:39.660 --> 00:40:41.150 Community Hall: Okay, thank you. 273 00:40:43.460 --> 00:40:58.640 Community Hall: Thank you for sharing those images. One concern that I would have here in California is that we don't get enough adequate, natural rainfall in order to have them look as tidy and green as they're showing up in those, those, 274 00:40:58.640 --> 00:41:08.419 Community Hall: photos, andâ€¦ and there has been kind of a struggle at Blackberry Farm to keep that, area really looking sharp, and itâ€¦ and it does need someâ€¦ 275 00:41:08.420 --> 00:41:21.789 Community Hall: renovation at this time, and, including adding more trees. I am curious about this policy HS8.8, noise- generating uses. 276 00:41:23.270 --> 00:41:42.709 Community Hall: and and what it's considered applicable to. So prior to approving noise, generating uses, including public or private recreational uses. So that to me covers the the sports areas. Okay, parks. Yeah, any. 277 00:41:42.710 --> 00:41:59.890 Community Hall: even if it's on your private property, if it's a use that is noise generating, we already do regulate that through our noise control ordinance. So this just kind of covers that, covers all the regulations that we have. Okay, so before it gets approved, 278 00:42:00.640 --> 00:42:23.130 Community Hall: Ensure the proposed noise generating use includes adequate noise mitigation measures, including but not limited to posted rules and regulations which limit hours of operation to meet the city's adopted noise standards. So this was, I do see this is redlined and it's not redlined and highlighted. So it's already there. It was there. Okay. 279 00:42:23.130 --> 00:42:42.080 Community Hall: But in the prior edition, the prior version of the health and safety element, you didn'tâ€¦ we didn't have this in there. Went ahead and implemented our noise ordinance, we just didn't have this policy in the general plan. Okay, but this sits, pretty much within the municipal code, which, how much noise can be generated. 280 00:42:42.080 --> 00:42:43.940 Community Hall: All right. 281 00:42:43.960 --> 00:42:58.949 Community Hall: Vice Mayor, your hand is still up. I just want to clarify about the turf, the parking area. I think the idea is it doesn't have to be green all year, so in the winter it could be brown. 282 00:42:59.030 --> 00:43:14.100 Community Hall: And then in the summer, some areas it could be green. And I've seen areas where you even have this low growing pollinating flowering plants some part of the year. So it's just, it's, I think. 283 00:43:14.250 --> 00:43:19.729 Community Hall: Even it doesn't, it's not green all the year round. It looks better than, 284 00:43:19.910 --> 00:43:24.279 Community Hall: pavement. Yeah. So just something to consider. Thank you. 285 00:43:25.430 --> 00:43:34.020 Community Hall: City Manager? Mayor, yes, just, wanted toâ€¦ I wanted to confirm and, provide a little bit of, feedback here on theâ€¦ 286 00:43:34.330 --> 00:43:42.550 Community Hall: Stevens Creek Quarry and Lehigh noise issue. I wanted to make sure that, Council was aware that this is currently a TBD item. 287 00:43:42.550 --> 00:43:54.890 Community Hall: That's also on consent. So it's item 14 on the TBD is a study session on Stevens Creek Quarry and Lehigh Noise Concerns, an outdoor rock crushing plant operated by Vulcan Materials. So that's currently on the TBD. 288 00:43:56.220 --> 00:44:03.910 Community Hall: Okay, great. Are there any further comments from the Council at this time? 289 00:44:04.930 --> 00:44:10.930 Community Hall: So we've submitted our comments, and the Lehigh rock crushing has been addressed. 290 00:44:11.220 --> 00:44:12.330 Community Hall: Andâ€¦ 291 00:44:12.640 --> 00:44:27.879 Community Hall: No further hands raised. Thank you so much for the report, Eli and Pew, and we look forward to you coming back after you've had the reviews from the outside agencies. One quick question. Who actually conducts the environmental review? 292 00:44:33.370 --> 00:44:42.280 Community Hall: Placeworks will prepare. We work with the city to prepare the necessary environmental documents, and then. you know, coordinating with city staff on appropriate revisions. 293 00:44:42.500 --> 00:44:48.470 Community Hall: Okay, and so will that be coming from Council? It will be sent to Council, yes. Okay, alright. Thank you so much. 294 00:44:49.720 --> 00:44:56.780 Community Hall: Andâ€¦ With that this special meeting of the Cupertino City Council is adjourned. 295 01:00:01.700 --> 01:00:02.400 Community Hall: Think. 296 01:00:08.110 --> 01:00:17.150 Community Hall: Good evening! It is 6.46, and I call this July 7th, 2026, regular meeting of the Cupertino City Council to order. 297 01:00:17.360 --> 01:00:19.409 Community Hall: Please stand for the Pledge of Allegiance. 298 01:00:23.450 --> 01:00:36.270 Community Hall: I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. 299 01:00:38.780 --> 01:00:43.059 Community Hall: Madam City Clerk, will you please call the roll? Council Member Freund. 300 01:00:43.240 --> 01:00:49.079 Community Hall: Here. Councilmember Mohan. Here. Councilmember Wong. Here. Vice Mayor Chow. 301 01:00:49.680 --> 01:00:51.919 Community Hall: Here. Mayor Moore? Here. 302 01:00:52.050 --> 01:00:55.420 Community Hall: Madam City Attorney, do we have any closed session reports? 303 01:01:01.650 --> 01:01:02.360 Community Hall: This one. 304 01:01:02.490 --> 01:01:09.689 Community Hall: Good evening, Mayor. There was no closed session. We have no closed session report. Thank you. 305 01:01:09.790 --> 01:01:19.380 Community Hall: All right. This evening we have three ceremonial items. And our first is the recognition of the Parks and Recreation Department administration. 306 01:01:19.380 --> 01:01:33.899 Community Hall: community events, facilities, youth and teen recreation, outdoor recreation, senior wellness and recreation, sports, fitness, and recreation divisions, in conjunction with July as Parks and Recreation Month. 307 01:01:34.060 --> 01:01:48.900 Community Hall: Our Parks and Recreation Department works tirelessly to provide vital, healthy, and fun activities for our entire community. They do this beautifully, while constantly balancing a sea of competing interests from every direction. 308 01:01:49.190 --> 01:01:54.159 Community Hall: We are incredibly proud of Director Rochelle Sander and her exceptional team. 309 01:01:54.280 --> 01:02:02.199 Community Hall: We saw their brilliance firsthand during our recent fabulous 4th of July America 250 celebration. 310 01:02:02.370 --> 01:02:11.000 Community Hall: We had terrific crowds enjoy flawless all-day events. A massive undertaking like this takes months of intense preparation. 311 01:02:11.150 --> 01:02:18.759 Community Hall: When it happens seamlessly, you know it is run by true professionals coordinating interdepartmentally. 312 01:02:18.970 --> 01:02:33.110 Community Hall: Our deepest gratitude goes to the Parks and Recreation Department, our support staff from other departments, first responders, and the army of volunteers who showed up en masse. Thank you for your seamless coordination and dedication to our city. 313 01:02:34.250 --> 01:02:59.139 Community Hall: Since July is Parks and Recreation Month, here are some of the free activities that we have going on through our Parks and Rec Department. Please head out for the free concert series at Memorial Park every Thursday evening with an excellent variety of pop, R&B, classical, salsa, and other music continuing well into August. The Environmental Education Center has free open houses for nature education. 314 01:02:59.140 --> 01:03:02.459 Community Hall: Saturday, July 11th, 18th, and 25th. 315 01:03:02.460 --> 01:03:25.179 Community Hall: The fun, locally unique, and very affordable Cupertino Camp Out is July 18th and 19th. There's a free blacksmith demo and Shakespeare in the Park free shows. July 25th and Shakespeare in the Park continues with free shows on the 26th and well into August when Movies in the Park returns with Goat, A Bug's Life, Freakier Friday, and Superman. 316 01:03:25.210 --> 01:03:37.970 Community Hall: That's not including all of the parks, sports center, fitness, and recreation classes that are provided year-round. With much gratitude, please join me in recognizing Director Sander and the entire Parks and Recreation team. 317 01:03:42.950 --> 01:03:57.249 Community Hall: Now we'll have some words from our city manager. Thank you, Mayor. Well said. As we recognize July as Parks and Recreation Month, I'd also like to thank our Parks and Rec staff for their dedication to serving the Cupertino community year round. 318 01:03:57.350 --> 01:04:11.910 Community Hall: In addition to everything that the mayor already said, I will sum it up by saying that our Parks and Rec Department offers more than 3,000 classes and events each year to the community, creating a positive, healthy, and connected community for our residents. 319 01:04:11.910 --> 01:04:20.980 Community Hall: I especially want to recognize everyone in the department who worked over the 4th of July this past weekend. That would be close to, if not the entire department. 320 01:04:21.090 --> 01:04:35.720 Community Hall: Making the flag-raising parade, concert, and fireworks celebration such a huge success. Thank you also to Council for recognizing these efforts. Thanks again to Parks and Rec's team for their hard work and commitment to our community. 321 01:04:35.720 --> 01:04:43.409 Community Hall: I will now ask Director Sander and park staff in attendance to please come up to the stage to accept this honor and take a photo with Council. 322 01:05:53.130 --> 01:05:54.020 Community Hall: Okay. 323 01:05:55.060 --> 01:05:55.840 Community Hall: Okay. 324 01:05:56.730 --> 01:05:57.490 Community Hall: You wouldn't. 325 01:06:02.260 --> 01:06:03.499 Community Hall: And I'll see you when we 326 01:06:18.070 --> 01:06:32.779 Community Hall: Thank you. Thank you. Thank you. Thank you. 327 01:06:33.680 --> 01:06:36.090 Community Hall: Thank you. 328 01:06:36.800 --> 01:06:37.829 Community Hall: to say thank you. 329 01:06:39.240 --> 01:06:43.280 Community Hall: Thank you. Okay. 330 01:07:06.030 --> 01:07:06.700 Community Hall: Okay. 331 01:07:13.690 --> 01:07:27.379 Community Hall: Next, we have the privilege of recognizing the Monta Vista High School Science Olympiad team for achieving first place in the National Science Olympiad competition. 332 01:07:28.140 --> 01:07:41.839 Community Hall: Please join me in congratulating the brilliant, unstoppable Monta Vista High School Science Olympiad team, the newly crowned national champions. 333 01:07:43.370 --> 01:07:44.310 Community Hall: Okay. 334 01:07:44.540 --> 01:07:46.519 Community Hall: Okay, okay. 335 01:07:47.290 --> 01:07:58.959 Community Hall: Hold on. To the students standing seated with us today, you didn't just win a trophy, you proved what is possible when brilliant minds refuse to back down. 336 01:07:59.870 --> 01:08:17.589 Community Hall: We know the road to the University of Southern California wasn't easy. We know about the fierce rivalries. And yes, the entire city heard about the legendary campout in classroom B102, where you practically moved into your school for two weeks straight to perfect your build events, study your data, and sharpen your skills. 337 01:08:17.680 --> 01:08:31.789 Community Hall: That relentless work ethic is exactly why you're seated here today as the absolute best in the nation. Out of thousands of schools across the United States, Cupertino's own Monta Vista brought home the gold. 338 01:08:31.930 --> 01:08:38.930 Community Hall: You have made your families proud, your school proud, and you have put our entire city in the national spotlight. 339 01:08:38.930 --> 01:08:55.460 Community Hall: As we present these certificates of recognition, we're honoring more than just a first place finish. We are honoring your late nights, your resilience, your teamwork, and the bright futures ahead of each and every one of you. 340 01:08:55.770 --> 01:09:03.430 Community Hall: You are the future innovators, scientists, and leaders who will shape our world. So, without further ado. 341 01:09:04.010 --> 01:09:06.989 Community Hall: Madam City Manager, would you like to add some words? 342 01:09:07.279 --> 01:09:23.080 Community Hall: I think, Mayor, you covered it, and I would just like to say that we're so proud of all of you for achieving what you have, and congratulations to the students and your families, because this is definitely teamwork. And with that, I would love to join the Mayor in recognizing you. Thank you. 343 01:09:23.680 --> 01:09:25.340 Community Hall: Let's do anything with that. 344 01:09:27.890 --> 01:09:32.209 Community Hall: Please join us on the dais to receive your well-deserved recognition. 345 01:10:01.580 --> 01:10:13.770 Community Hall: Congratulations. So. 346 01:10:14.160 --> 01:10:16.040 Community Hall: Okay, so thank you. 347 01:10:17.170 --> 01:10:27.260 Community Hall: for display purposes. 348 01:10:27.790 --> 01:10:28.690 Community Hall: Is that the most? 349 01:10:29.000 --> 01:10:36.630 Community Hall: next summer. 350 01:10:37.370 --> 01:10:44.270 Community Hall: to me. It's moving here. So you see the table. 351 01:10:44.620 --> 01:10:48.650 Community Hall: We might have to come around. 352 01:10:49.280 --> 01:10:59.170 Community Hall: Are we? Are we left? 353 01:10:59.350 --> 01:11:12.150 Community Hall: And do you want to get in front of ? Yeah, that's perfect. Thank you so much. 354 01:11:18.040 --> 01:11:19.620 Community Hall: 3, 2, 1. 355 01:11:22.250 --> 01:11:23.389 Community Hall: And then the tripers. 356 01:11:23.880 --> 01:11:24.950 Community Hall: Yep, yep. 357 01:11:28.000 --> 01:11:28.670 Community Hall: Oh. 358 01:11:30.160 --> 01:11:36.760 Community Hall: 3, 3, 2, 1â€¦ Thanks so much. 359 01:11:37.040 --> 01:11:37.860 Community Hall: Yeah, that's 360 01:11:43.420 --> 01:11:44.120 Community Hall: I like that. 361 01:11:45.310 --> 01:11:52.320 Community Hall: Take one in there, Rob. 362 01:12:01.110 --> 01:12:09.510 Community Hall: Congratulations. Congratulations. 363 01:12:11.260 --> 01:12:12.330 Community Hall: How much more? 364 01:12:13.600 --> 01:12:17.410 Community Hall: Well, it's Last question. 365 01:12:18.760 --> 01:12:22.140 Community Hall: Okay, so So. 366 01:12:31.030 --> 01:12:31.909 Community Hall: And that was. 367 01:12:32.190 --> 01:12:34.079 Community Hall: I think this was this. 368 01:12:41.440 --> 01:12:43.550 Community Hall: Oh, that's nice. 369 01:12:51.990 --> 01:12:55.439 Community Hall: All right. Thank you. Everyone. So 370 01:12:55.770 --> 01:13:14.929 Community Hall: Last, but not least, is item three, recognition of Kennedy Middle School Science Olympiad team for their performance on the National Science Olympiad competition. It's an absolute honor to be here today to celebrate the brilliant minds of Kennedy Middle School Science Olympiad team. 371 01:13:15.230 --> 01:13:22.009 Community Hall: This year, you went up against the absolute best young scientific minds in the entire country. 372 01:13:22.120 --> 01:13:35.289 Community Hall: You brought home an incredible 4th place finish at the national tournament. Let's think about that for a moment. Out of thousands of schools across the nation, our own Kennedy Middle School is in the top 4. 373 01:13:35.530 --> 01:13:43.449 Community Hall: You also dominated at home, capturing first place at both the Regionals and the Northern California State Tournament. 374 01:13:44.170 --> 01:13:50.619 Community Hall: You have proven that Cupertino is a powerhouse of talent, curiosity, and hard work. 375 01:13:51.110 --> 01:13:57.460 Community Hall: Just a moment ago, I had the privilege of honoring the high school team for Monta Vista for their incredible first place national finish. 376 01:13:57.560 --> 01:14:02.120 Community Hall: Looking at all of you today, we see the exact same spark. 377 01:14:02.160 --> 01:14:20.710 Community Hall: The exact same dedication, and I know without a doubt where the future champions of that high school division are sitting right now. They're sitting right here in these seats. Congratulations to our competitors, your coaches, and your families. Cupertino is so proud of you. 378 01:14:21.230 --> 01:14:23.609 Community Hall: Keep reaching for the stars. 379 01:14:30.070 --> 01:14:31.530 Community Hall: Madam City Manager? 380 01:14:33.050 --> 01:14:43.720 Community Hall: Thank you, Mayor. I would also like to commend the students and families for their hard work and this well-earned recognition. Thank you for representing Cupertino. We are proud of you and congratulations. 381 01:14:44.250 --> 01:14:45.050 Community Hall: Right. 382 01:14:48.200 --> 01:14:50.099 Community Hall: Please join us on the dais. 383 01:15:02.210 --> 01:15:03.670 Community Hall: Well, yeah. 384 01:15:41.790 --> 01:15:45.880 Community Hall: Historic It's nothing Awesome, yeah. 385 01:15:51.000 --> 01:15:51.740 Community Hall: That's another question 386 01:16:14.900 --> 01:16:15.620 Community Hall: Oh boy. 387 01:16:18.400 --> 01:16:19.300 Community Hall: Parents. 388 01:17:07.200 --> 01:17:22.059 Community Hall: Thank you all. To our award recipients, you are certainly welcome to attend the entire Council meeting, but if you would like to head out and get some dinner, perhaps, we can take a 5-minute break and let you go do just that. 389 01:17:27.440 --> 01:17:28.540 Community Hall: 5 minute break. 390 01:22:46.740 --> 01:22:52.930 Community Hall: We have reconvened. Next, it is postponements and orders of the day. Madam City Clerk, do we have anyâ€¦ 391 01:22:53.250 --> 01:22:57.170 Community Hall: Postponementsâ€¦ Or request to change the orders of the day. 392 01:22:57.800 --> 01:23:07.139 Community Hall: We have no requests at this time, Mayor. Great, thank you. Then we next move on to oral communications. Madam City Clerk, how many speaker cards do we have? 393 01:23:11.310 --> 01:23:26.890 Community Hall: Mayor, at this time, I am seeing four requests to speak here in Community Hall for oral communications, and currently one hand raised virtually. All right. Thank you, Madam City Clerk. Will you please provide the instructions for members of the public and conduct oral communications? Certainly. 394 01:23:26.940 --> 01:23:45.019 Community Hall: This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. Oral communication shall be limited to 30 minutes. Additional speakers wishing to comment on non-agenda items may be given time to speak at the end of the agenda after the City Manager's report. 395 01:23:45.020 --> 01:24:04.490 Community Hall: Individual speakers are limited to three minutes. As necessary, the mayor may further limit the time allowed to individual speakers or reschedule remaining comments to the end of the meeting on a first-come, first-served basis with priority given to students. In most cases, state law will prohibit the council from discussing or making any decisions with respect to a matter not listed on the agenda. 396 01:24:04.490 --> 01:24:19.540 Community Hall: A council member may, however, briefly respond to statements made or questions posed by speakers. A council member may ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future agenda. 397 01:24:19.630 --> 01:24:21.550 Community Hall: In response to public comment. 398 01:24:22.540 --> 01:24:37.770 Community Hall: So at this time we will welcome the request to speak here in Community Hall. We welcome Richard Adler, followed by Charlene Lee, followed by Brady, followed by Linda Starkey. Welcome, Richard. 399 01:24:41.240 --> 01:24:41.960 Community Hall: I'mâ€¦ 400 01:24:45.810 --> 01:24:56.260 Community Hall: Is that working now? Good. Good evening. My name is Richard Adler, and I've been a resident of the Oak Valley neighborhood of Cupertino for the past 26 years. 401 01:24:56.280 --> 01:25:04.520 Community Hall: I'm here this evening with several of my neighbors who are just here to represent it, Becky Priel and Linda Starkey. 402 01:25:04.520 --> 01:25:18.289 Community Hall: We're all residents of Oak Valley, and we're here to express our interest in what is going to happen to the Mary Knoll residence property on Cristo Rey Drive, which has just been purchased by a new owner. 403 01:25:18.420 --> 01:25:25.859 Community Hall: It was this building. These buildings were opened in 1926, exactly 100 years ago. 404 01:25:26.010 --> 01:25:39.409 Community Hall: They originally served as a seminary for students who were preparing to become priests in the Marinol order, who were dedicated to doing missionary work in places like Asia, Africa, and Latin America. 405 01:25:39.410 --> 01:25:49.539 Community Hall: And then, in the mid-1970s, the seminary was converted into a residence for retired Marion Old Brothers, and it was that until last year. 406 01:25:49.540 --> 01:25:58.659 Community Hall: Over this past 100 years, this complex has played an important role in the spiritual and social life of our community. 407 01:25:58.880 --> 01:26:17.090 Community Hall: Also, the buildings themselves are historically significant. One description states, the building is a notable architectural landmark, easily visible from Highway 280, which means that people who really have never visited it are probably not residents of Cupertino. 408 01:26:17.390 --> 01:26:30.810 Community Hall: are aware of its presence, mainly because of its distinctive architecture, particularly its, Chinese- influenced tower and roof, which was inspired by the first Marinol mission to China in 1918. 409 01:26:30.810 --> 01:26:42.159 Community Hall: As you probably know, the residence was closed last year as the number of older residents declined, and the property was put on the market. And you may have seen the news that the property has now been sold. 410 01:26:42.580 --> 01:26:48.960 Community Hall: The reports do not yet provide any information about what the new owner, however, intends to do with his property. 411 01:26:49.240 --> 01:26:54.710 Community Hall: We understand that this 29 acre parcel on Cristo Rey. 412 01:26:54.820 --> 01:26:58.100 Community Hall: Which has been on unincorporated county land. 413 01:26:58.140 --> 01:27:10.979 Community Hall: will be annexed, for if it is to be developed to the city of Cupertino, which means that ultimately the responsibility for reviewing and approving any development plans going to come to you. 414 01:27:10.980 --> 01:27:18.449 Community Hall: will be your responsibility. And we just want to say tonight, as neighbors, that we are very interested 415 01:27:18.450 --> 01:27:29.590 Community Hall: in what will happen to this property. In particular, we're concerned that the architectural integrity of these historically significant buildings will be maintained and protected. 416 01:27:29.800 --> 01:27:42.830 Community Hall: We are looking forward to learning more about what's in store for this Maryknoll property, and just to let you know we intend to stay actively involved in following its story as it comes to your attention. Thank you. 417 01:27:45.560 --> 01:27:49.140 Community Hall: Thank you, Richard. Next we will welcome Charlene Lee. 418 01:27:49.410 --> 01:27:52.310 Community Hall: followed by Becky, followed by Linda. 419 01:27:53.320 --> 01:27:54.630 Community Hall: Welcome, Charlene. 420 01:27:55.790 --> 01:28:02.900 Community Hall: We have writtenâ€¦ written to President Trump for many letter, and I talked to the pastor 421 01:28:03.050 --> 01:28:08.210 Community Hall: Jiang of, Lutheran Church of Sevier, andâ€¦ 422 01:28:09.240 --> 01:28:13.330 Community Hall: Everyone know high school student like me. 423 01:28:13.580 --> 01:28:24.940 Community Hall: of that $400 million high schooler be injected poison to death, but shameless Google CEO Sanda Pichai 424 01:28:25.200 --> 01:28:32.879 Community Hall: conspired with Google employees to lie before 10th floor to death. They hired 425 01:28:33.150 --> 01:28:43.170 Community Hall: They, they, they hire Luo Jianwen at a straight time to let Grandpa die May, April, butâ€¦ 426 01:28:44.130 --> 01:28:49.269 Community Hall: But he said April 27 is his death, death day of grandpa. 427 01:28:49.360 --> 01:28:54.470 Community Hall: But judges say April 23, and Taipei Times say March. 428 01:28:54.560 --> 01:28:59.710 Community Hall: 2023. So, this high school photo can be 429 01:28:59.770 --> 01:29:14.909 Community Hall: found at eroticmangopodcast.com episode 392. This high school student didn't fall 10th floor to death. Sanda Pichai is a liar, killer, and criminal. Later on, we talk in 430 01:29:15.010 --> 01:29:23.140 Community Hall: On June 2nd, Election Day, and Sangda Pichai said that day is a dark day, and no regular 431 01:29:23.220 --> 01:29:35.299 Community Hall: Cupertino City Council meeting. This high schooler owns 30 properties on January 5, 2023. His grandpa died on 432 01:29:35.440 --> 01:29:38.169 Community Hall: April 27, 2020. 433 01:29:38.310 --> 01:29:51.920 Community Hall: Three, six days later, he be killed, he be injected poison to death on his neck with a strangle mark. 434 01:29:52.130 --> 01:30:07.079 Community Hall: Taiwanese channel TV channel with Taiwanese wisdom and curious high school student we want all people to know this we cannot celebrate 200 435 01:30:07.620 --> 01:30:10.760 Community Hall: 50â€¦ Yeah. 436 01:30:11.150 --> 01:30:13.480 Community Hall: America, because, 437 01:30:13.550 --> 01:30:21.970 Community Hall: If America, America support this kind of murder in a murder cover up in Taiwan, how come? 438 01:30:21.970 --> 01:30:33.600 Community Hall: Washington Post, New York Times, ABC, they support this kind of murder. The killer, he, he, he married a same-sex. 439 01:30:34.170 --> 01:30:40.980 Community Hall: Samsung's spouse, Xiao Caoyuan, then after one hour, he found this 440 01:30:41.970 --> 01:30:53.329 Community Hall: But his corpse be shipped from 10th floor to 1st floor. The security guard, Wang Xuantang, saw them move the corpse. 441 01:30:53.500 --> 01:30:57.180 Community Hall: To outside, and put the carpet intoâ€¦ 442 01:30:58.930 --> 01:31:01.969 Community Hall: Thank you, Charlene. That is your time. 443 01:31:02.950 --> 01:31:04.280 Community Hall: Thank you, Charlene. 444 01:31:04.570 --> 01:31:20.680 Community Hall: As a reminder to members of the public wishing to speak under oral communications to submit a request to speak card or raise your hand virtually within the next 2 minutes and 45 seconds. Next, we will go ahead and welcome Becky, followed by Linda. 445 01:31:20.880 --> 01:31:22.020 Community Hall: Welcome, Becky. 446 01:31:24.550 --> 01:31:32.120 Community Hall: We're just here to support Richard Adler and Mary Knowles. Okay, so, Becky and Linda, you do not wish to speak under this item. Okay. 447 01:31:32.250 --> 01:31:38.940 Community Hall: Perfect. So, Mayor, that canâ€¦ Thank you, Charlene. Charlene, that is your time. 448 01:31:39.230 --> 01:31:40.110 Community Hall: Oh, wow! 449 01:31:40.330 --> 01:31:46.140 Community Hall: Why do you want to ask them? Charlene, that is your time. 450 01:31:47.460 --> 01:31:50.849 Community Hall: Mayor, we will move to the request to speak virtually. 451 01:31:51.600 --> 01:32:09.099 Community Hall: Soâ€¦ I'm sorry, Ms. Lee, you're disrupting the meeting. Ms. Lee, you are disturbing the meeting. 452 01:32:12.960 --> 01:32:15.710 Community Hall: Happy birthday! It's his birthday! 453 01:32:16.290 --> 01:32:19.839 Community Hall: He's here! He needs to be friends with all people! 454 01:32:20.990 --> 01:32:23.760 Community Hall: Yeah, but you know, Pressure from the. 455 01:32:27.540 --> 01:32:45.930 Community Hall: Madam City Clerk. Thank you, Mayor. So we will move to the request to speak virtually under oral communications. We have three hands raised. We will first welcome Colin User 2, followed by Peggy Griffin, followed by Colin User 1. Welcome, Colin User 2. 456 01:32:50.220 --> 01:32:50.960 Community Hall: Mmm. 457 01:32:53.680 --> 01:32:56.189 Community Hall: Colin, User 2, you are muted. 458 01:32:57.690 --> 01:32:58.350 Call-In User_2: Phone? 459 01:32:59.470 --> 01:32:59.910 Community Hall: Week. 460 01:33:00.180 --> 01:33:00.950 Call-In User_2: Yes. 461 01:33:01.230 --> 01:33:02.300 Call-In User_2: Hello? 462 01:33:02.300 --> 01:33:03.480 Community Hall: Yes, we can hear you. 463 01:33:03.640 --> 01:33:10.780 Call-In User_2: Okay. Mayor Moore, Vice Mayor Chen, council members. 464 01:33:11.910 --> 01:33:14.840 Call-In User_2: And also, reference guests. 465 01:33:15.210 --> 01:33:24.439 Call-In User_2: And this represents the, we believe, to be the longest continuous prosecution, persecution, after achieve the A severe, 466 01:33:24.920 --> 01:33:27.010 Call-In User_2: The extreme city persecution. 467 01:33:27.250 --> 01:33:31.639 Call-In User_2: And, taking our property and belongings without notice. 468 01:33:31.780 --> 01:33:38.030 Call-In User_2: The action continued. Rather than ending, they expanded into ongoing 469 01:33:38.030 --> 01:33:55.519 Call-In User_2: deprivation of our rights, causing escalating harm over the time, not just extensive, and related to the financial loss. The duration and persecution of this treatment are, in many people's view, historically unprecedented. 470 01:33:57.050 --> 01:34:08.700 Call-In User_2: And during all those years, first I was 2016, then 2019, 2021, despite numerous requests. 471 01:34:08.830 --> 01:34:10.629 Call-In User_2: And extended the period. 472 01:34:10.680 --> 01:34:28.950 Call-In User_2: we have received no response from the city manager or city attorney, for the last couple years. And, even after these matters were brought to the attention and forward through the public channels, this continued failure to respond 473 01:34:29.280 --> 01:34:32.550 Call-In User_2: And I want, regarding this. 474 01:34:32.550 --> 01:34:52.059 Call-In User_2: Basically, it raises serious concern regarding the accountability in the public service. If they are unwilling to perform their duties and address issues, and we request city manager and attorney resignation so that competent leadership may properly serve the community. Thank you. 475 01:34:56.060 --> 01:35:00.150 Community Hall: Thank you. Next, we will move to Jennifer Griffin. Welcome, Jennifer. 476 01:35:01.930 --> 01:35:04.589 Jennifer Griffin: Thank you. Can you all hear me okay? 477 01:35:05.290 --> 01:35:06.290 Community Hall: We can hear you. 478 01:35:06.550 --> 01:35:20.979 Jennifer Griffin: Thank you. I'm glad that the previous residents of Oak Valley, excuse me, still getting over this cold. I'm so glad that the residents of Oak Valley brought up the issues of Mary Knoll. 479 01:35:21.090 --> 01:35:33.159 Jennifer Griffin: I have been looking at that beautiful building since I was a child. Every time, especially then after 280 was put in, we had a better view of it whenever you're going up and down north or south. 480 01:35:33.290 --> 01:35:35.589 Jennifer Griffin: I amâ€¦ 481 01:35:35.770 --> 01:35:53.919 Jennifer Griffin: I have known various people over the years that have worked there. My brother had a friendâ€¦ my brother was considering becoming a youth pastor when he was younger, and he had a church friend who actually worked in the cafeteria there and learned how to become a chef. 482 01:35:53.930 --> 01:36:02.079 Jennifer Griffin: So the the building, as the residents of Oak Valley said, is very, very unique to the area. We it is. 483 01:36:03.790 --> 01:36:18.829 Jennifer Griffin: It's it's sort of an iconic type of a building. It is beautiful. It has a history. It has something that we need to pay attention to. It's it's a very, very this type of history. 484 01:36:19.010 --> 01:36:24.839 Jennifer Griffin: showsâ€¦ How far ranging an area such as. 485 01:36:24.960 --> 01:36:31.359 Jennifer Griffin: 1918, extremely rural Santa Clara County, which was basicallyâ€¦ that area had 486 01:36:31.480 --> 01:36:42.359 Jennifer Griffin: cattle grazing on it, it had a history of a Spanish land grant, and then it, it never had the apricot orchards, but it was in the area. There are 487 01:36:42.850 --> 01:36:47.230 Jennifer Griffin: Lots of farming areas up there, we have eucalyptus, etc. 488 01:36:47.350 --> 01:36:55.879 Jennifer Griffin: But yet it was set up for that time and place to become something that was so far reaching, going to 489 01:36:56.300 --> 01:37:05.819 Jennifer Griffin: other parts of the world, for good or bad, but it is an iconic, beautiful building, which I do hopeâ€¦ I had read about the 490 01:37:05.830 --> 01:37:19.839 Jennifer Griffin: purchase of the property, and I am really, really hopeful that it is going to go into a transition where the existing buildings can be used and maintained and revered for the beautiful 491 01:37:20.440 --> 01:37:27.440 Jennifer Griffin: iconic architecture that they are. The building does need to be maintained in an ongoing, 492 01:37:27.610 --> 01:37:35.230 Jennifer Griffin: Itâ€¦ because it's an older structure, but I'm very, very hopeful that no one is going to go in there and bulldoze it. 493 01:37:35.560 --> 01:37:54.220 Jennifer Griffin: and that it will be protected by the county, and if it comes in, if it I believe it is, I think the water tanks up there are actually in the county, but if it is annexed to Cupertino, Cupertino will be able to preserve it as a intact historical 494 01:37:54.750 --> 01:38:00.229 Jennifer Griffin: architectural building. I will tell you, last week I spent 4 days in Williamsburg. 495 01:38:00.520 --> 01:38:09.980 Jennifer Griffin: in Virginia, right before the 250, and that area is maintained. I'm hoping Cupertino can save and maintain this building. Thank you. 496 01:38:11.430 --> 01:38:19.839 Community Hall: Thank you, Jennifer. Mayor, call-in user 1 dropped off, so that concludes the request to speak under oral communications. 497 01:38:20.470 --> 01:38:22.029 Community Hall: Alright, thank you. 498 01:38:22.110 --> 01:38:41.769 Community Hall: Thank you very much for that. I would like to have an informational memo regarding the Mary Knoll Seminary and the information that we heard from members of the public. I did a quick search, and I did find a historical American building survey from 1981 regarding the building. I don't know if that 499 01:38:42.070 --> 01:38:47.369 Community Hall: makes it considered a historical landmark, or since it is 500 01:38:47.370 --> 01:39:11.339 Community Hall: apparently in unincorporated county is, you know, what would be the steps to have it designated as a historical landmark? Does it qualify? Looking at the HABS building survey of 1981, I would say it seems to, but I'd like to hear some more information about that and what you know about any future annexation. 501 01:39:11.360 --> 01:39:16.400 Community Hall: that would happen. And do I need a second for that? No. Okay. 502 01:39:17.340 --> 01:39:18.130 Community Hall: Come. 503 01:39:21.800 --> 01:39:22.750 Community Hall: Okay. 504 01:39:24.050 --> 01:39:36.120 Community Hall: So we've finished oral communications. Next, we are moving on to the consent calendar, items 4 through 11. Madam City Clerk, do we have any requests to pull any of the items? 505 01:39:37.730 --> 01:39:40.680 Community Hall: I believe there is a request to pull one item. 506 01:39:42.180 --> 01:39:43.520 Community Hall: Okay, Vice Mayor. 507 01:39:43.720 --> 01:39:52.460 Community Hall: Yeah, I'd like to pull the item. I think item 4 about the purchase of the Finch property. 508 01:39:53.010 --> 01:40:02.509 Community Hall: because it's beyond our adopted budget. So I think it deserves to be at this point. Maybe the mayor needs to speak. 509 01:40:03.040 --> 01:40:04.500 Community Hall: Okay, 510 01:40:04.620 --> 01:40:28.410 Community Hall: If you're pulling this item, I'll be stepping away from the dais and out of community hall for this first item, item four. I own a home that's approximately 530 feet from the real estate, from the real estate being considered under the item, the Finch item. However, I do wanna say there are four houses and a school between my home and the property, meaning that I would have to travel over 1500 feet to actually access the property. 511 01:40:28.410 --> 01:40:49.710 Community Hall: Regardless, I sought FPPC formal guidance, and the State's Fair Political Practices Commission indicated this creates a financial conflict of interest for me, which prevents me from voting on the item and requires that I am absent during discussion. I have recused on this matter in the past and will continue to do so. The Vice Mayor will chair the meeting in my absence when the item is complete. The Clerk will 512 01:40:49.710 --> 01:40:55.559 Community Hall: Mino, and I will return to the dais at that time for the balance of the consent calendar the rest of tonight's agenda. 513 01:40:56.450 --> 01:41:01.420 Community Hall: Oh, wait, Mayor, I believe we will first vote on. 514 01:41:03.230 --> 01:41:15.879 Community Hall: because when we pull the item, we don't need a vote, but the item will be at the end of the agenda, and so I am hoping to consider it right after consent, which would require a vote. 515 01:41:16.040 --> 01:41:24.090 Community Hall: So maybe you'll recuse for only that vote, then we will approve the rest of the consent item first. 516 01:41:24.800 --> 01:41:27.370 Community Hall: Then we will consider the item. 517 01:41:28.030 --> 01:41:47.899 Community Hall: During the time that you're considering the order of the balance of the agenda and where the bench item lies in that order, the mayor should not be present in the room. And then when we get to actually the merits of that item, the mayor again should recuse and not be present in the room. 518 01:41:48.180 --> 01:41:53.929 Community Hall: Since, at this moment, we're not going to be voting on the order of the main calendar, 519 01:41:54.080 --> 01:41:56.400 Community Hall: I believe it is appropriate. 520 01:41:56.540 --> 01:42:08.399 Community Hall: for the mayor to remain, and we just will not be voting now on the consent calendar, becauseâ€¦ I mean, on the Finch item included in the consent calendar, because it has been pulled. 521 01:42:09.400 --> 01:42:25.379 Community Hall: So, Madam City Attorney, are we then moving through to items 5 through 11? Okay, so are any of these items 5 through 11? Have they been pulled from consent? No, Mayor. All right. And are there any members of the public who would like to speak to items 5 through 11? 522 01:42:31.770 --> 01:42:39.349 Community Hall: Not for 5 or 11. Okay, do any members of the Council wish to speak to items 5 through 11. 523 01:42:39.640 --> 01:42:41.680 Community Hall: Or do we have a motion? 524 01:42:41.850 --> 01:42:48.949 Community Hall: to approve the consent. Calendar is 5 through 11. Yes, I apologize. I have one request. I have one hand virtually. 525 01:42:49.060 --> 01:42:54.460 Community Hall: to. I'm I'm guessing this is for 5 through 11. 526 01:42:54.610 --> 01:43:06.319 Community Hall: All right. Yes, sorry apologies to public comment. No worries. So, Jennifer Griffin, we will welcome you if you plan to speak on any of the consent. Items 5 through 11. 527 01:43:06.500 --> 01:43:07.460 Community Hall: Welcome. 528 01:43:09.400 --> 01:43:14.409 Jennifer Griffin: As usual, I'm confused about how we're doing this. This has been, like, 7 years. 529 01:43:14.410 --> 01:43:14.890 Community Hall: That. 530 01:43:14.890 --> 01:43:17.930 Jennifer Griffin: So, do we speakâ€¦ 531 01:43:18.450 --> 01:43:26.300 Jennifer Griffin: Okay, I understand 5 through 7 are being voted on now. Now, for 4, do we talk about that later, after the rest of. 532 01:43:26.300 --> 01:43:26.790 Community Hall: Yes. 533 01:43:26.790 --> 01:43:29.049 Jennifer Griffin: Yes, ma' There'll be anotherâ€¦ 534 01:43:29.210 --> 01:43:45.919 Community Hall: That's that's correct, Jennifer. Right now we have public comment for items 5 through 11 on the consent calendar, and then, when the Council gets to item number 4 on the consent calendar, the Council will reopen for public comments under that item. 535 01:43:46.350 --> 01:43:55.070 Jennifer Griffin: Will that be after the act? Will that be after the rest of the body of the rest of the meeting? Or do you do it now. 536 01:43:56.670 --> 01:44:05.769 Community Hall: They're gonna vote on the order of the rest of the agenda after this public comment period, and after they vote on the consent. Items 5 through 11. 537 01:44:06.220 --> 01:44:08.699 Jennifer Griffin: Okay, and then when are they doing 4? 538 01:44:09.020 --> 01:44:12.540 Community Hall: They're gonna, we don't know yet. They have to complete this quote first. 539 01:44:12.540 --> 01:44:18.900 Jennifer Griffin: All right, thank you. Yeah, I apologize to be so dumb about this, but I just can't get this. Okay, thank you. 540 01:44:18.900 --> 01:44:36.149 Community Hall: Okay, thank you, Jennifer. Yes, this was a little bit more complicated than, than ordinary, so, we have, items 5 through 11. Do I have a motion to move those consent items? You do. I'd like to make a motion to move consent items number 5 through 11, please. And do I have a second? 541 01:44:36.150 --> 01:44:39.649 Community Hall: Second. Second from Councilmember Fruin. 542 01:44:39.770 --> 01:44:41.570 Community Hall: Do we have any comments? Iâ€¦ 543 01:44:41.960 --> 01:44:53.250 Community Hall: If you don't want to speak right now, please lower your hand. Councilmember Mohan? No. Okay. Sorry. Madam City Clerk, will you please set the vote panels, and we will vote. 544 01:45:02.650 --> 01:45:05.380 Community Hall: Oh, sorry, I pressed the wrong button. 545 01:45:05.900 --> 01:45:08.720 Community Hall: Can you reset the vote panels, please, Madam City Cler 546 01:45:13.300 --> 01:45:14.929 Community Hall: So we're ready to vote now. 547 01:45:16.320 --> 01:45:19.369 Community Hall: Yes, now you're ready to vote. Right. Thank you. 548 01:45:19.480 --> 01:45:25.060 Community Hall: Thank you, and I apologize. No worries. The motion carries unanimously. Okay. 549 01:45:25.610 --> 01:45:38.200 Community Hall: So there was an item that was pulled from consent, and there was an interest in voting on the order of that item. And at this time. 550 01:45:38.260 --> 01:45:39.200 Community Hall: I'mâ€¦ 551 01:45:39.240 --> 01:45:53.459 Community Hall: going to go through the recusal paragraph again. So, as we move on to consent item 4, I'll be stepping away from the dais out of Community Hall for this item. I own a home approximately 530 feet from the real estate being considered under the item. 552 01:45:53.470 --> 01:46:18.119 Community Hall: And I'm going to abbreviate this. Regardless, I saw FPPC formal guidance in the state's front and the state's Fair Political Practices Commission indicated that this creates a financial conflict of interest for me, which prevents me from voting on the item and requires that I'm absent during discussion. I've recused on this matter a number of times now, and I will continue to do so. Vice Mayor will chair the meeting in my absence. When the item is complete, the clerk will let me know. 553 01:46:18.120 --> 01:46:23.659 Community Hall: And I'll return to the dais at that time for the balance of the consent calendar and the rest of tonight's agenda 554 01:46:30.660 --> 01:46:31.870 Community Hall: Okay. 555 01:46:32.490 --> 01:46:36.470 Community Hall: So, I pulled the item because, in principle, I have 556 01:46:37.530 --> 01:46:41.439 Community Hall: Oh, okay. She's waiting as she leaves the building. 557 01:46:46.160 --> 01:46:47.430 Community Hall: You can't discuss it. 558 01:46:48.120 --> 01:47:04.929 Community Hall: because in because in principle I have thought that any major policy, any major budget item that's beyond adopted city budget should be should not be on consent, so that we have a full discussion about it. 559 01:47:05.110 --> 01:47:07.289 Community Hall: And, thisâ€¦ 560 01:47:08.110 --> 01:47:25.180 Community Hall: And then, according to the Council Procedures Manual, any item pulled will be considered at the end of the meeting, but I hope to get a vote, so we consider this item right now. Can I make a motion to have this item, before item number 12? 561 01:47:25.800 --> 01:47:26.580 Community Hall: No. 562 01:47:26.990 --> 01:47:27.850 Community Hall: Second. 563 01:47:33.580 --> 01:47:36.420 Community Hall: Okay, so let's vote. 564 01:47:45.150 --> 01:48:00.400 Community Hall: Oh, I apologize, because Mayor Moore is not on the dais, so we're gonna scratch that, and we're gonna do a voice vote. Oh. Apologies. Councilmember Fruin? Aye. Councilmember Mohan? Aye. Councilmember Wong? Aye. 565 01:48:00.460 --> 01:48:05.890 Community Hall: Vice Mayor Chow. Aye. Motion carries with more recused. 566 01:48:06.300 --> 01:48:16.729 Community Hall: Okay, so now we can consider the item 4, which is approval of the exchange agreement for 10, 4, 80 Finch Avenue. 567 01:48:16.730 --> 01:48:34.299 Community Hall: so-called the Finch property, right next to the Cupertino High, and allocation of $10.4 million for acquisition of the Finch property, and find the action to qualify for categorical exemption for CEQA review. 568 01:48:34.460 --> 01:48:53.359 Community Hall: Do we have a staff short report? I'll provide the short report, Vice Mayor. So in July of this year, the Council voted to have the City Manager and I negotiate terms for a potential purchase of the Finch property with the CUSD. 569 01:48:53.360 --> 01:49:01.010 Community Hall: We were able to come to a potential agreement at the price of $10.4 million. 570 01:49:01.010 --> 01:49:04.920 Community Hall: And we have worked with CUSD. 571 01:49:04.960 --> 01:49:24.519 Community Hall: Folks to get an exchange agreement drafted up that both parties have preliminarily, staff for the city has approved and, CSD has also approved the document. And so at this time, it's really up to the council to decide whether they would like to move forward with the purchase of that property. 572 01:49:27.950 --> 01:49:28.820 Community Hall: Okay. 573 01:49:29.650 --> 01:49:35.620 Community Hall: So thank you for the report. Any question about This. 574 01:49:35.750 --> 01:49:37.900 Community Hall: before we go to public comment. 575 01:49:39.360 --> 01:49:48.599 Community Hall: So I do have a question about the funding for the 10.4 million dollars. So which fund does that come from? 576 01:49:49.760 --> 01:49:54.190 Community Hall: Vice Mayor, that's called the Parkland Dedication Fund. 577 01:49:54.190 --> 01:50:11.219 Community Hall: And what's the source of this fund? I think I know the answer, but I think I would like the public to know it from the staff. Yeah, so this is an in-lieu fund that when we have new developments, there's a fund, the park in- lieu fees that go into this fund. Okay. 578 01:50:11.220 --> 01:50:24.019 Community Hall: Thank you. And what's ourâ€¦ the balance of the park email fee fund right now? I'm glad you asked. Approximate information. Yeah, because we didâ€¦ we issued a desk item to clarify the balance. So the current balance is aboutâ€¦ 579 01:50:24.300 --> 01:50:32.489 Community Hall: 21 million. This is after accounting for 5.8 million in budgeted appropriation for Lawrence Middy Park and trail project. 580 01:50:32.530 --> 01:50:49.819 Community Hall: and approximately $500,000 in projected interest earnings. The estimated available fund balance at the end of fiscal year 25-26 is approximately $15.6 million. Thank you. And I believe in the general plan, we have a policy. 581 01:50:49.820 --> 01:51:05.229 Community Hall: That's, byâ€¦ per Quinby Act, there should be 3 acres of parkland per 1,000 residents. And I think the city has done some assessment a few years ago. The parkland, 582 01:51:05.310 --> 01:51:19.359 Community Hall: on the east side of Cupertino is significantly lower than the 3 acre. So the general plan has a policy of trying to mitigate that deficiency in the general plan. 583 01:51:19.540 --> 01:51:23.410 Community Hall: Is that my understanding, correct? 584 01:51:23.640 --> 01:51:39.150 Community Hall: I believe so, Vice Mayor, and I did mention in the staff report as well that, you know, this, this property was consideredâ€¦ was being considered for acquisition to create a new city park in a neighborhood that is currently underserved by parkland. 585 01:51:39.190 --> 01:51:44.289 Community Hall: Okay, so any other question from fellow council members. 586 01:51:45.510 --> 01:51:52.520 Community Hall: Yeah, I was going to say, I know you can't see the requests. 587 01:51:52.520 --> 01:52:07.269 Community Hall: just to get some additional clarity on what has to happen with these fees, under the Mitigation Fee Act, under the Quimby Act, these aren't fees that we can hold onto forever, we have to either justify keeping them or return them within a certain span of time, correct? 588 01:52:09.330 --> 01:52:21.769 Community Hall: I believe that to be the case. Yeah, so it's not like we can just leave this there and use it for whatever we want. It's supposed to go to the purpose for which the fees were paid, and I think it would be a shame if, you know, while we have the opportunity to 589 01:52:21.770 --> 01:52:39.980 Community Hall: acquire parkland in a part of the city that was previously unincorporated, and therefore, because the county didn't build parks for its areas that were developed, that we have now the chance to actually do that, that we would then be giving the money back to the developers who provided it to us in the first place. That seems kind of silly to me. 590 01:52:39.980 --> 01:52:44.549 Community Hall: So, I'm happy to see a new park rising in a place that hasn't had enough of them. 591 01:52:44.810 --> 01:52:49.220 Community Hall: Yeah. Any other questions. 592 01:52:49.420 --> 01:52:50.969 Community Hall: Councilmember Mohan. 593 01:52:53.380 --> 01:52:58.230 Community Hall: Yeah, I had a quick question. Is the parkland dedication 594 01:52:58.430 --> 01:53:06.269 Community Hall: Fund. Is that exclusively for acquisition of parkland, or can it be used for maintenance of parks? 595 01:53:07.230 --> 01:53:15.189 Community Hall: I don't believe it's used for maintenance, it could be for the creation ofâ€¦ so, acquisition, and then if we want to create a park, butâ€¦ 596 01:53:15.400 --> 01:53:21.550 Community Hall: notâ€¦ go ahead, Chad, you want to come up and clarify that? AB1359 allows you to do that. 597 01:53:24.660 --> 01:53:28.450 Community Hall: Oh, that'd Okay. 598 01:53:28.690 --> 01:53:47.840 Community Hall: Let's get an official answer. Yeah. Chad Mosley, Director of Public Works. Quimby Act park fees can be used for park acquisition or park improvements that enhance users, the number of users. So you could do improvements at a park that would serve a larger number of residents. They're not for maintenance. 599 01:53:48.270 --> 01:53:49.120 Community Hall: Mmhm. 600 01:53:50.210 --> 01:54:01.009 Community Hall: If I could just follow up. So now we have this vacant site. So to make it into something resembling a park, we can use these funds. 601 01:54:01.120 --> 01:54:07.240 Community Hall: That would be correct, yes. But just ongoing maintenance, we would not be able to. Correct. Okay. Thank you. 602 01:54:07.630 --> 01:54:26.230 Community Hall: Okay, I do have a question. So we have approved a few projects along Stevens Creek, the Avalanche Court. So I have the parkland fee for those newly approved projects being paid, or they are more will be coming. 603 01:54:26.300 --> 01:54:30.200 Community Hall: Do we have an estimate of how much more? 604 01:54:30.280 --> 01:54:33.419 Community Hall: Might be coming from the approved project. 605 01:54:34.460 --> 01:54:51.380 Community Hall: We know that there's going to be more funds coming to the city as projects are getting approved. I don't know if I have the exact number, I'm looking at Jonathan if he'sâ€¦ if he's doing something else, but I can provide that information, but we will have more coming as projects get approved. 606 01:54:51.820 --> 01:55:01.100 Community Hall: I know. But then, even with just those we have already approved, not all of them have paid the proper fee right? So 607 01:55:01.900 --> 01:55:06.709 Community Hall: Our Director of Finance is going to come up and clarify that. 608 01:55:12.670 --> 01:55:25.220 Community Hall: Apologies. Can you see that one more time. So we have approved a few projects recently along Stevens Creek and the average project, and then some. 609 01:55:25.310 --> 01:55:37.359 Community Hall: So have all these projects pay their parkland fee, or we might see the balance increase even just among the already approved projects. So it depends. 610 01:55:37.850 --> 01:55:41.889 Community Hall: You know what? This is actually a question for the Director of Public Works. 611 01:55:42.750 --> 01:55:56.049 Community Hall: Yeah, sorry, I don't necessarily have an answer for all of that. Not all of those projects along Stevens Creek have hit the point where they would pay park fees. Tonight, with the approval of the final map of the Summer Hills project. 612 01:55:56.050 --> 01:56:18.280 Community Hall: We can expect that those fees will be coming in relatively soon. So we're kind of getting to the point where those fees will be coming in, but we don't have all of them yet. I can't tell you the exact amount off the top of my head. And that's okay. I just want to understand there there might be more coming even from those already approved projects. That is correct. Yes. 613 01:56:18.280 --> 01:56:19.580 Community Hall: Okay, thank you. 614 01:56:20.020 --> 01:56:23.599 Community Hall: Yeah, let's go to public comment. 615 01:56:25.020 --> 01:56:27.000 Community Hall: Okay, any public comment. 616 01:56:28.700 --> 01:56:51.099 Community Hall: Yes, Vice Mayor, I have one request to speak in person, and at this time I have one hand raised virtually as a reminder. Members of the public wishing to speak regarding this item. Item number 4 shall submit a request to speak or raise their hand virtually within the 1st 9 min at the start of public comment, or before the public comment period is closed, whichever comes first.st So at this time we will go ahead and welcome Lisa Warren. 617 01:56:53.710 --> 01:56:54.790 Community Hall: Thank you. 618 01:56:55.380 --> 01:57:06.399 Community Hall: Okay, Vice Mayor, you're killing me. I appreciate that you are trying to get information out to the public. It's necessary. I get it. 619 01:57:06.510 --> 01:57:11.729 Community Hall: But I have been waiting for this for over a decade actually. 620 01:57:11.830 --> 01:57:15.449 Community Hall: Went before it even has been talked about. So. 621 01:57:17.190 --> 01:57:32.509 Community Hall: I'm getting a vibe that we're gonna have enough votes to say okay with this, now that you have to do this separately. So, let's get on with it. And there's neighbors there waiting for this to happen, and to help, andâ€¦ 622 01:57:32.890 --> 01:57:36.700 Community Hall: A gentleman isâ€¦ Paying attention to this, thatâ€¦ 623 01:57:37.040 --> 01:57:41.429 Community Hall: you need to speak to after you say yes. Thank you. 624 01:57:42.620 --> 01:57:44.050 Community Hall: Thank thank you, Lisa. 625 01:57:44.660 --> 01:57:50.329 Community Hall: We will move to the request to speak virtually. We have one hand raised, so we will welcome Jennifer Griffin. 626 01:57:52.190 --> 01:58:03.079 Jennifer Griffin: Thank you. Iâ€¦ can you all hear me amiable? We can hear you. Good, okay. Thank you, thank you, Lisa, for coming up, and, 627 01:58:03.390 --> 01:58:09.760 Jennifer Griffin: Iâ€¦ I think that it's very important that This land, which we'veâ€¦ 628 01:58:10.160 --> 01:58:22.710 Jennifer Griffin: are so aware of and been working with for such a long time, has an exceedingly tall, valuable redwood tree on it, which is already there. It's probably 80 to 100 years old. 629 01:58:22.820 --> 01:58:35.520 Jennifer Griffin: And it's, a very, very valuable piece of land thatâ€¦ it's next to an elementary school, it's landlocked in the middle of a park deficit 630 01:58:35.580 --> 01:58:45.990 Jennifer Griffin: neighborhood that had been in the county and eventually wound up in the city, and we are so grateful that you all are considering purchasing it. 631 01:58:46.100 --> 01:59:05.409 Jennifer Griffin: for the eastern areas, but to me, it is going to be so beneficial for everyone, like, when they come to the 4th of July, fireworks show, they can sit in the park and watch it. You can have benches in there, all sorts of activities. It's a, I think, an acre and a half, it's flat. 632 01:59:05.670 --> 01:59:11.609 Jennifer Griffin: Also, if you weren't aware, we are supposed to have an 8-story 633 01:59:11.710 --> 01:59:19.770 Jennifer Griffin: apartment building on the corner of Finch and Stevens Creek Boulevard from one of the SB 330s. 634 01:59:19.800 --> 01:59:30.719 Jennifer Griffin: And yes, park fees may be coming in from that project whenever it's submitted, but that means you're going to have another 300 people 635 01:59:30.720 --> 01:59:46.699 Jennifer Griffin: That are going to be living on that corner. Children are going to be going. This, this park is in Tri-City area. It's Hyde, Cupertino, and, excuse me, Cupertino High School, Hyde Junior High, and Sedgwick Elementary. It's a tri-school. 636 01:59:46.700 --> 02:00:00.200 Jennifer Griffin: very, very compacted roads back in there, and it is such a joy to know that there will be a park smack dab in the middle of a landlocked neighborhood, which is where parks should be. 637 02:00:00.240 --> 02:00:15.789 Jennifer Griffin: And if we have so many other people coming to live along Stevens Creek Boulevard in the future, especially this project that is projected for either townhouse or apartments, 8 stories currently. 638 02:00:16.090 --> 02:00:19.710 Jennifer Griffin: Finch and Stevens Creek Boulevard. 639 02:00:19.890 --> 02:00:38.280 Jennifer Griffin: those people will have access to a new park. We have people in that area that already need parkland, and then we're starting to have other people coming in that will need parkland. So yes, the fees are being paid, but the land is hard to get. 640 02:00:38.350 --> 02:00:49.020 Jennifer Griffin: And Iâ€¦ I've beenâ€¦ like Lisa, I think thisâ€¦ Lisa's known of this longer, but I was so glad that this piece of property in No Man's Land 641 02:00:49.380 --> 02:00:57.850 Jennifer Griffin: is going to have a forever use, because, as we know, parks are forever. So please please purchase it. Thank you. 642 02:01:00.490 --> 02:01:05.700 Community Hall: Thank you, Jennifer. Vice Mayor, that concludes the request to speak on item four. Okay, great. 643 02:01:05.860 --> 02:01:07.400 Community Hall: So. 644 02:01:08.460 --> 02:01:17.620 Community Hall: I'd like to make a motion for the recommended action to adopt resolution number 645 02:01:18.260 --> 02:01:35.960 Community Hall: to be decided approving the exchange agreement between the City of Cupertino and the Cupertino Union School District for the Finch property, and authorizing the City Manager to execute the agreement and related documents approving a location 646 02:01:35.960 --> 02:01:52.739 Community Hall: of 10.4 million from the Parkland dedication fee for the acquisition of the property, and find the acquisition is categorically exempt from the California Environmental Quality Act. And also, I'd like to 647 02:01:52.740 --> 02:01:58.640 Community Hall: And one more action is that we rezone this land to parkland. 648 02:02:00.130 --> 02:02:02.340 Community Hall: So that's my motion. Second. 649 02:02:02.720 --> 02:02:03.680 Community Hall: Second. 650 02:02:06.930 --> 02:02:10.619 Community Hall: Okay, anyone would like to comment. 651 02:02:11.240 --> 02:02:15.839 Community Hall: And I do have a question. I think we did receive comment. 652 02:02:15.870 --> 02:02:30.769 Community Hall: And another reason for pulling the item is we did receive comment that people are wondering why are we spending so much money to purchase a residential property that is actually, it was a single family home. 653 02:02:30.770 --> 02:02:46.590 Community Hall: But now, because of state law, it can be developed into multifamily units, so the city has to pay a higher price. But I don't know how much we can reveal, because most of the negotiation has been done in closed session. 654 02:02:46.680 --> 02:02:49.250 Community Hall: So. 655 02:02:50.250 --> 02:02:52.330 Community Hall: And maybe, 656 02:02:52.580 --> 02:03:01.200 Community Hall: I'll the the city attorney. Is there something we I don't know how much we can say about the price, or 657 02:03:03.210 --> 02:03:16.440 Community Hall: Do you feel that it's important that the details of the negotiation be made public? It's probablyâ€¦ Yeah, I justâ€¦ because people did wonder, are we paying a higher price? Because it's, 658 02:03:16.440 --> 02:03:27.890 Community Hall: No, it can be developed for a multi-family unit. Vice Mayor, why don't you allow me to look into that, and if so, we can create an info memo for the public. 659 02:03:28.060 --> 02:03:28.840 Community Hall: Yep. 660 02:03:29.900 --> 02:03:42.030 Community Hall: Vice Mayor, I just wanted to add, if it's helpful, that the $10.4 million isâ€¦ the price is supported by the appraisal of the property that was concluded, that the value is about the same amount. 661 02:03:42.220 --> 02:03:53.140 Community Hall: So it's supported by an appraisal report. It's we are not paying higher than market value. Right? Yeah. Okay. 662 02:03:53.570 --> 02:04:02.859 Community Hall: Any other questions. One questioning. And then one. One question in clarification. Then just a quick comment. So. 663 02:04:02.910 --> 02:04:15.339 Community Hall: You had added to the motion a request to rezone the property. I'm assuming that that is direction to the city manager to bring back, at a future point, a rezoning property, because we do that here. Yeah. 664 02:04:15.340 --> 02:04:29.729 Community Hall: So if anyone was getting excited that it's rezoned, it's not. There's a process for that. The other thing I just wanted to underscore for everyone is that this is not money just going to some random private party. It's money that is going to Cupertino Union School District. 665 02:04:29.890 --> 02:04:46.490 Community Hall: And my understanding is that their intention is to put it into a 1031K-style exchange. It will produce ongoing income for them, it will keep its character as land, so that if they need to acquire land in the future, they are well-positioned to do so. This is something that will continue to help 666 02:04:46.570 --> 02:04:54.129 Community Hall: Us in this community because it is our school district, so I don't want us to lose sight of that. This isn't money just going to. 667 02:04:54.820 --> 02:05:00.400 Community Hall: Random rich party, it's going to 1 of our, our most important public entities. 668 02:05:00.500 --> 02:05:19.889 Community Hall: Yeah, thank you for mentioning that. I believe the CUSD board has decided that this money is not just going into their general fund and they will spend it. They will reinvest it so it will become a reoccurring income for the district in some way. 669 02:05:19.890 --> 02:05:24.359 Community Hall: That they have a consultant helping them to make that possible. 670 02:05:24.670 --> 02:05:34.750 Community Hall: So, Councilmember Wong. Yeah, just a quick comment. The Outer East side of Cupertino historically faced a significant deficit in park space compared to western areas. 671 02:05:34.750 --> 02:05:50.400 Community Hall: I think this is important, meeting the Quimby Act, as people have mentioned. This Parkland Dedication Fund with a fund balance of $15.6 million is important. It's part of a recreational master plan, and the money is going back to our schools, which means it is back in the community, as Councilmember Fruin mentioned. 672 02:05:50.400 --> 02:05:57.389 Community Hall: I think it's an important piece of, you know, purchase. It's what the Quimby Act was designed for, and I fully support this. 673 02:05:57.910 --> 02:06:00.310 Community Hall: Yeah, thank you. 674 02:06:00.380 --> 02:06:17.010 Community Hall: So, as Council Member Fuller mentioned, that the rezoning of Parkland will likely come with, I think we are clarifying other parkland designation. Maybe that could be part of that action, or it could be a separate action. I think a staff 675 02:06:17.010 --> 02:06:25.030 Community Hall: will take appropriate action. I do have a question about, in terms of the development of this specific park. 676 02:06:25.220 --> 02:06:33.089 Community Hall: Would that come back to the council? Would we get a staff recommendation on that later? 677 02:06:33.720 --> 02:06:39.370 Community Hall: I yes, that will have to be a future discussion. Okay. 678 02:06:39.710 --> 02:06:42.799 Community Hall: Thank you. So, any other comment? 679 02:06:44.210 --> 02:06:45.860 Community Hall: And that's about. 680 02:06:48.830 --> 02:06:58.029 Community Hall: Okay, so we'll do a voice, vote again, to confirm weâ€¦ you are approving the staff recommendation with an amendment to rezone the land to parkland. 681 02:06:58.340 --> 02:07:13.750 Community Hall: Is that correct? Yes. Oh, no. Plus the rezoning. Rezoning. The staff would, of course, take actions to rezone the property for parkland. Okay. Yeah. Thank you. Councilmember Fran. Hi. 682 02:07:13.940 --> 02:07:21.719 Community Hall: Councilmember Moh Aye. Councilmember Wong. Aye. Vice Mayor Chow. 683 02:07:21.890 --> 02:07:24.930 Community Hall: motion carries with more recused. 684 02:07:25.750 --> 02:07:26.450 Community Hall: Okay. 685 02:07:26.900 --> 02:07:31.250 Community Hall: So now the mayor can come back. Can someone get the mayor? 686 02:07:34.880 --> 02:07:36.199 Community Hall: Thank you, everybody. 687 02:08:13.230 --> 02:08:27.739 Community Hall: Okay, next item, public hearings. We have none. Then we move on to the action calendar. Item 12, to receive a report and provide direction on the potential ballot measures. Madam City Manager, do we have a presentation? 688 02:08:28.140 --> 02:08:41.110 Community Hall: Thank you, Mayor. With this item, staff is requesting direction from Council on whether to pursue a ballot measure for the extension of the current utility user's tax, or for new parkland rezoning restrictions. 689 02:08:41.110 --> 02:08:49.559 Community Hall: In April, Council directed staff to pursue a survey of Cupertino voters on these potential measures, and Godbey Research conducted that survey in June. 690 02:08:49.560 --> 02:09:07.189 Community Hall: A supplemental memo on this item was provided yesterday, and to present this item today, we have Greg Card, our Purchasing Manager, and Brian Godby from Godby Research, also available to discuss the results of the survey and identify next steps. With that, I will turn it over to Greg to take us into the presentation. 691 02:09:08.510 --> 02:09:27.620 Community Hall: Thank you. City manager, Tina Kapoor. Welcome honorable mayor and council members. Thanks for having me. So I'm Greg Carr, the purchasing manager here with the city, and alongside may have Jonathan Orosco, the director of finance also online. As Tina mentioned, we have Brian Godby from Godby research. He'll be presenting the survey results when we get there. 692 02:09:33.670 --> 02:09:44.980 Community Hall: All right, so start with some background. So as we're aware, the 2026-27 budget identified, the 10- year forecast identified some long-term structural budget challenges that we're aware of. 693 02:09:45.090 --> 02:09:57.200 Community Hall: Those are largely due to increased costs that we're likely to see for public safety, reduced sales tax revenue, and the expiration of the utilities user tax in 2030. So those all have an impact. 694 02:09:57.450 --> 02:10:08.580 Community Hall: To address these budget challenges, Council is currently considering an expansion or an extension of the utility users tax. In addition, Council is also considering efforts to further protect parkland use. 695 02:10:10.860 --> 02:10:28.620 Community Hall: So to recap some actions to date, March 17th, Council authorized staff to identify contractors that would be able to help support looking into potential ballot measures, and those two were, again, expanding or extending the utility users tax, and also increasing protections for parkland use. 696 02:10:28.620 --> 02:10:43.320 Community Hall: On April 7th, Council approved budget for contracting efforts, so that we could evaluate those ballot measures, and also approve fees if we move forward with either one, that would be required by the Santa Clara County Register of Voters. 697 02:10:43.410 --> 02:10:51.969 Community Hall: Between June 3rd and June 17th, Godbey Research did conduct a public opinion survey of Cupertino- likely voters on those items. 698 02:10:53.710 --> 02:11:01.220 Community Hall: So with that, I'd like to introduce Brian Godby from Godby Research so that he can review the survey results with you. 699 02:11:01.380 --> 02:11:06.070 Community Hall: So with that video team, can I ask you to allow or share Brian's screen? 700 02:11:19.290 --> 02:11:22.690 Bryan Godbe, Item #12: Can everybody see that, the presentation? 701 02:11:26.830 --> 02:11:27.640 Community Hall: Yes. 702 02:11:28.350 --> 02:11:28.900 Bryan Godbe, Item #12: Great. 703 02:11:29.080 --> 02:11:38.919 Bryan Godbe, Item #12: Thank you, Greg. Madam Mayor, members of the Council, I'm pleased to be here this evening to present the results of the survey that Greg just described. 704 02:11:38.920 --> 02:11:53.359 Bryan Godbe, Item #12: And let me jump into the key takeaways of the survey are really two. One, that a general plan amendment ballot measure that would require, any future rezoning of parks to be placed on 705 02:11:53.360 --> 02:12:05.910 Bryan Godbe, Item #12: a future ballot received nearly 70% support from the voters. Secondly, a ballot measure renewing the existing utility users tax at the current rate 706 02:12:05.910 --> 02:12:15.539 Bryan Godbe, Item #12: Without increasing the tax rate and adding video services and extending the term until ended by voters was favored by 66%. 707 02:12:15.540 --> 02:12:25.060 Bryan Godbe, Item #12: of the voters. However, neither a Uut increase of 1% or a point 6% is viable at this time. 708 02:12:26.250 --> 02:12:49.999 Bryan Godbe, Item #12: in terms of the methodology of the survey that it was an online and phone survey, meaning landline and cell calls were made to do interviews on phone text invitations and email invitations were sent out. You can see the breakdown there and has become the reality in the last 10 years. The online survey accounts for the majority of the responses. 709 02:12:50.150 --> 02:13:07.490 Bryan Godbe, Item #12: The universe was likely November 2026 voters. We were in the field from June 3rd to June 17th. The average survey on the phone, which is our metric for measuring the length of a survey, was 25 minutes. We completed 434 interviews. 710 02:13:07.490 --> 02:13:16.410 Bryan Godbe, Item #12: And again, among the November 26 voters, that is a margin of error plus or minus 4.66%. 711 02:13:17.130 --> 02:13:20.090 Bryan Godbe, Item #12: Just a little note on the, 712 02:13:20.090 --> 02:13:44.809 Bryan Godbe, Item #12: methodology in terms of the stratification. The sample is stratified on the front end before we start the interviewing. We make sure that we adhere to that stratification, and then we weight the data on the back end so that it is representative of the likely November 2026 voters. Now that's different than the population, or even all voters in the city of Cupertino. 713 02:13:45.110 --> 02:14:03.149 Bryan Godbe, Item #12: And the chart you see below is the final data breakdown by demographics, so you see gender, age, ethnic groupings, moving on to the next slide, marital status, presence of children, education, veteran status, homeownership. 714 02:14:03.150 --> 02:14:12.949 Bryan Godbe, Item #12: and finally, individual party and household party type. All of those demographics are representative of the likely voter universe. 715 02:14:12.950 --> 02:14:23.179 Bryan Godbe, Item #12: And again, the data is stratified and then weighted to those various details to make sure that the sample is representative of the universe that we're looking at. 716 02:14:24.690 --> 02:14:47.430 Bryan Godbe, Item #12: Jumping into the data, the first question is, do you perceive that the city has done a favorable or unfavorable job of providing city services? The first bar is the current survey. Again, it's likely November 2026 voters. And when you add the very and somewhat favorables together, you see, we're at 68% have a favorable view. 717 02:14:47.470 --> 02:15:04.529 Bryan Godbe, Item #12: And then when we compare that with the resident satisfaction survey that we did in, November of 24, that was among a different universe. That was among adults 18+, so not just registered voters, but the entire population over 18. 718 02:15:04.530 --> 02:15:09.419 Bryan Godbe, Item #12: And that was slightly higher at 72.5. 719 02:15:09.420 --> 02:15:16.490 Bryan Godbe, Item #12: Statistically speaking, since their margin of error on both surveys, there's no statistical difference. 720 02:15:17.620 --> 02:15:37.520 Bryan Godbe, Item #12: The next question was just in this video survey. We don't have comparable data in the previous survey. Here we ask people if the city is doing an effective job managing taxpayer dollars again, adding the very and somewhat favorable together. You see, we're at 50%. Again, that's a good place to be as well. 721 02:15:37.520 --> 02:15:45.019 Bryan Godbe, Item #12: There is notably 22% or nearly 22% that don't have an opinion because they just don't follow your budget. 722 02:15:47.230 --> 02:16:11.959 Bryan Godbe, Item #12: At that point in the survey, we switched gears and we turned to specific ballot measures. As I noted at the outset, the first one is, you see the wording on the right hand side of the slide. This is the, general plan amendment that would require any attempt at rezoning parks or parklands or open space to residential in the future would have to appear on a future ballot as well. 723 02:16:12.280 --> 02:16:18.169 Bryan Godbe, Item #12: And again, adding the definitely and probablys together here, you see we're at almost 70%. 724 02:16:18.280 --> 02:16:36.399 Bryan Godbe, Item #12: that support this measure, and that support is pretty strong, because the definitely is that 43.6, the probably yes, who are likely to vote yes, but not definite at this stage. The ratio is much higher in the definitely yes category. 725 02:16:38.110 --> 02:16:55.840 Bryan Godbe, Item #12: The next question turns to the utility user tax measure, and again, you see the wording on the right-hand side of the slide. This meets all the statewide legal requirements for this kind of measure. It has a tax rate. In this particular case, we are increasing it, or proposing to increase it from 2.4 726 02:16:55.840 --> 02:17:03.510 Bryan Godbe, Item #12: percent to 3.4%, so a 1% increase on electricity, gas, telecommunications, and adding video services. 727 02:17:03.510 --> 02:17:16.299 Bryan Godbe, Item #12: The term would be until ended by voters, and it would provide $6.9 million annually. The rest of the wording is largely ours to work with within those constraints required by the State. 728 02:17:16.639 --> 02:17:31.129 Bryan Godbe, Item #12: Here again, adding the definitely and probabilities together, you see we're at 44%. This measure requires a simple majority to be successful, so we're obviously not reaching that threshold. There's again that round 729 02:17:31.590 --> 02:17:43.229 Bryan Godbe, Item #12: approximately 5% margin of error, so this could be 39%, it could be 49%, given the error rate, but neither of those get to that simple majority threshold. 730 02:17:44.900 --> 02:18:03.969 Bryan Godbe, Item #12: So the next set of questions is a list of things that we might spend the money that would come from the Uut renewal. And here you see the ranking in terms of the voters response in the survey. All of these items were asked in a random order. 731 02:18:04.309 --> 02:18:23.489 Bryan Godbe, Item #12: But again, we've ranked them here, and the way we've ranked them is we've assigned numeric values to each of the response categories, so a much more likely gets a 2, a somewhat more likely a 1, a somewhat less likely a minus 1, and a much less likely a minus 2. That creates this scale you see, 0.93, 0.92, etc. 732 02:18:23.490 --> 02:18:26.770 Bryan Godbe, Item #12: And the reason we do that is it's just a better way to 733 02:18:26.770 --> 02:18:30.000 Bryan Godbe, Item #12: To rank these items, taking into account all of the 734 02:18:30.160 --> 02:18:50.159 Bryan Godbe, Item #12: various response categories. An example of the challenge and the reason for this is you could have something that's 40% much more likely and 20% somewhat more likely, that's 60%, but you could have the reverse. It could be 20% much more likely and 40% somewhat more likely, still 60%. 735 02:18:50.160 --> 02:18:57.740 Bryan Godbe, Item #12: but clearly not the same 60%. So that's why we use this intensity scale, which eliminates that potential bias. 736 02:18:57.770 --> 02:19:07.540 Bryan Godbe, Item #12: However, we still do look at the total, when we add the much more likely and somewhat more likely together, and that's useful to put it in a real-world context. 737 02:19:07.540 --> 02:19:18.619 Bryan Godbe, Item #12: Finally, in terms of the methodology, we group these into what we call tiers, and basically, within each tier, while there are numeric differences, all of the items are 738 02:19:18.620 --> 02:19:25.810 Bryan Godbe, Item #12: statistically tied. And again, if you think of the margin of error that we talked about earlier, plus or minus 5%. 739 02:19:25.809 --> 02:19:36.869 Bryan Godbe, Item #12: You can see 71 to 63 is within that range, and so that's why these items fall into that category. We're actually using the intensity scale. 740 02:19:36.889 --> 02:19:40.170 Bryan Godbe, Item #12: for the margin of error, but that's a good example of what's going 741 02:19:40.620 --> 02:20:04.309 Bryan Godbe, Item #12: So in our top tier. Here we have maintain rapid 911 emergency response times maintain park and open space, maintain and repair local streets, reduce property crime, reduce wildfire risk by controlling flammable brush, maintain safe bike paths and safe routes to schools and maintain safe pedestrian sidewalks and crosswalks. 742 02:20:04.640 --> 02:20:20.790 Bryan Godbe, Item #12: The second tier, which is still important and still in the low 60s, starts with maintaining emergency disaster preparedness programs. The key takeaway here is that if you think back to the actual wording that we had 743 02:20:20.790 --> 02:20:33.149 Bryan Godbe, Item #12: for the UUT, this suggests we might tweak some of those bullets to improve the chances of success and more align with what the voters' priorities are. 744 02:20:34.050 --> 02:20:50.290 Bryan Godbe, Item #12: The next slide in this particular question set continues. These are still all important civic goods, but they're just not as high a priority for the voters vis-a-vis a potential UUT renewal or increase. 745 02:20:52.340 --> 02:21:12.270 Bryan Godbe, Item #12: The next set of questions. The methodology is largely the same, although the scale is slightly truncated, so that still works the same way. But you just can't compare a 1.2 4 here with the previous scores, but you can compare the percentages where we're much more likely or somewhat more likely added together. 746 02:21:12.270 --> 02:21:34.439 Bryan Godbe, Item #12: These are essentially positive arguments. They're informational statements factually correct. And at the top of this list, we have large businesses will pay their fair share, so homeowners don't shoulder the entire cost of maintaining city services. The measure requires public disclosure of the spending of every penny for this measure, an accountability provision, which is always important. 747 02:21:34.440 --> 02:21:51.810 Bryan Godbe, Item #12: The measure requires independent financial audits, and yearly reports and other accountability provision. The measure will continue to give Cupertino local control over local funds and can't be taken by the state or federal governments. And then more of a why we're doing this, and that'sâ€¦ 748 02:21:51.820 --> 02:22:06.219 Bryan Godbe, Item #12: the 911 component. In the event of a heart attack, stroke, or medical emergency, seconds can be the difference between life and death. Measure helps ensure those services are available. And then the last item, in a similar vein, you never know when an accident 749 02:22:06.220 --> 02:22:12.599 Bryan Godbe, Item #12: Disaster medical emergency will occur and rapid 911 response is critical. 750 02:22:12.600 --> 02:22:22.759 Bryan Godbe, Item #12: All of these are in Tier 1, and obviously they range from 71% to 68%, so they're very important to the voters' decision. 751 02:22:23.600 --> 02:22:34.280 Bryan Godbe, Item #12: The next slide, continues this same question set. Again, all positive, items, but just not as important to the voters as those on the previous slide. 752 02:22:34.840 --> 02:22:39.189 Bryan Godbe, Item #12: So, at this point in the survey, we've introduced the utility 753 02:22:39.530 --> 02:23:03.730 Bryan Godbe, Item #12: tax measure. We've talked about what we would spend the money on. We've talked about the information that might be available to voters, and we come back to the ballot question a second time. So the initial test was the very 1st version. The interim test is the current one. After they've heard additional information, and you see, the support has gone from 44 to 57%. 754 02:23:03.730 --> 02:23:18.399 Bryan Godbe, Item #12: And that's certainly a good thing. It's above the simple majority threshold. However, again, with that 5% margin of error, 57 could easily be 52, so there isn't much of a cushion, over the simple majority threshold. 755 02:23:19.520 --> 02:23:40.620 Bryan Godbe, Item #12: So after we've tested the ballot question a second time, after all the positive side of the story, we come back to the other side of the coin, which is the negatives, and these are potential arguments against the measure that you would see in just about every community. There are some that are unique to Cupertino, but it does 756 02:23:40.890 --> 02:23:59.339 Bryan Godbe, Item #12: sort of make a campaign environment happen. We've got positives and negatives. Methodology here is the same as the informational statements. We don't put a minus sign in front of the numbers to make them seem bad. The higher they are, the worse they are. So at the top of this list, we have the city imposed a utility tax in 757 02:23:59.340 --> 02:24:05.130 Bryan Godbe, Item #12: 2009, and we were promised it would sunset. This year, there will be a regional transportation 758 02:24:05.250 --> 02:24:16.849 Bryan Godbe, Item #12: tax proposal on the ballot, and now Cupertino wants another tax on top of that. At 1.03, that's 63.5%, at least somewhat more likely to vote no. 759 02:24:16.880 --> 02:24:38.840 Bryan Godbe, Item #12: So that's a substantial negative. The measure could increase the average homeowner's utility bills, at virtually the same level. The measure is a forever tax that will never end. You'll remember in the ballot question, we said until ended by voters, which has been vetted by California courts as a legal term. But this is the way the opponents talk about that very same thing. 760 02:24:38.840 --> 02:24:50.090 Bryan Godbe, Item #12: The measure was passed to fund Blackberry Farms, but it has been paid for now. They still want to continue this tax, and finally, with residents, businesses struggling. 761 02:24:50.090 --> 02:25:03.610 Bryan Godbe, Item #12: with high gas prices, increased cost of living, inflation, tariffs, grocery prices, mortgages, now is not the time for another tax. All of these range from 64 to 62%, at least somewhat more likely to vote no. 762 02:25:03.690 --> 02:25:04.859 Bryan Godbe, Item #12: on the measure. 763 02:25:05.510 --> 02:25:15.589 Bryan Godbe, Item #12: So now, again, the structure of the survey is we had an initial test where people didn't have a lot of information. We presented the positive, and we saw how high we would go. 764 02:25:15.590 --> 02:25:35.479 Bryan Godbe, Item #12: Now we've just gone through the negatives. And so we asked the ballot question a third time. And you can see here where we started at 44, after the positives we were at 57, and now after the negatives we're at 47. And the survey is very intentional to see how high we go up and how low we go up. 765 02:25:35.480 --> 02:25:48.719 Bryan Godbe, Item #12: Of course, the real world in a campaign is not quite as structured, so another way to look at this is average the second, the interim test, and the final test, and that would give us 52%. 766 02:25:48.720 --> 02:26:06.260 Bryan Godbe, Item #12: when people hear both sides of the coin, the problem there is, again, with the margin of error of 5%, 52% could be 47. It could also be 57, but there is not much cushion there, even when we're averaging the second and third tests. 767 02:26:07.140 --> 02:26:09.970 Bryan Godbe, Item #12: Now, we didn't know where we're gonna findâ€¦ 768 02:26:10.190 --> 02:26:25.780 Bryan Godbe, Item #12: wind up on this particular measure. So we had some alternatives, and the first fallback was instead of increasing the tax by 1%, what if the increase was just .6, or 6 tenths of a percent? 769 02:26:25.780 --> 02:26:41.810 Bryan Godbe, Item #12: And still until ended by voters. There, you see, we get a little bit of a bump. We're up to 56%, but again, the measure requires a simple majority. 5% margin of error could be 51, could be, 61, but, 770 02:26:41.810 --> 02:26:45.140 Bryan Godbe, Item #12: you know, there's not much cushion there on the downside. 771 02:26:45.460 --> 02:27:02.819 Bryan Godbe, Item #12: The next question was another alternative, and this one was to renew the tax at the current rate without any tax increase until ended by voters. So this is a flat renewal at the current rate, and you see here, when we add the definitely and probably together, we've got a bump up to 66%. 772 02:27:02.820 --> 02:27:09.749 Bryan Godbe, Item #12: And that's why at the key takeaway, at the very beginning of the presentation, we said that there is support. 773 02:27:09.750 --> 02:27:19.650 Bryan Godbe, Item #12: for a renewal at the existing rate without increasing the tax rate, and still until, changing the term till, until ended by voters. 774 02:27:21.340 --> 02:27:36.409 Bryan Godbe, Item #12: And then the final, final question was yet another fallback version, and this was, renew the existing tax at the current rate. Instead of until ended by voters, it would be, for 16 years, soâ€¦ 775 02:27:36.410 --> 02:27:59.020 Bryan Godbe, Item #12: Until ended by voters is in perpetuity, although there is the built in message that voters could repeal it, which they certainly could. But when you set it in stone at 16 years, the support goes down 62%. It's still above the simple majority threshold, but doesn't have the cushion that the until ended by voters version of this does. 776 02:28:00.840 --> 02:28:17.919 Bryan Godbe, Item #12: And then the final question in the survey asked people what their opinion on the future of the economy was, and the big burgundy section of the bar there is the people who think it's going to be worse in the future, and that's 49%. 777 02:28:17.920 --> 02:28:38.039 Bryan Godbe, Item #12: Golden portion of it at 30% is those that think it's about the same. However, while we didn't turn this into a focus group and ask what that means, about the same, I think the price of gas, groceries, et cetera, suggests that 30% is not about the same, is not a good place to be. 778 02:28:39.210 --> 02:28:49.980 Bryan Godbe, Item #12: So again, to summarize at a high level, the general plan amendment to require any zoning, future rezoning of parks to be voted on by the voters. 779 02:28:49.980 --> 02:29:09.440 Bryan Godbe, Item #12: Get 70% and a ballot measure renewing the utility users tax at the existing rate without increasing it until and including video services until ended by voters is favored by two thirds and certainly covers the margin of error as well as provide a cushion. 780 02:29:09.440 --> 02:29:10.180 Bryan Godbe, Item #12: of support. 781 02:29:11.020 --> 02:29:11.720 Community Hall: Okay. 782 02:29:14.310 --> 02:29:15.399 Community Hall: Thank you, Brian. 783 02:29:15.740 --> 02:29:18.829 Community Hall: Video team, can you put the staff presentation back up? 784 02:29:21.520 --> 02:29:46.190 Community Hall: So just to wrap up here again, council, we have a couple of recommended actions before you 1st consider whether to place a ballot measure related to the utility users tax a ballot measure related to parkland rezoning both ballot measures or neither ballot measure before the voters. Also, if we decide to proceed with either or both ballot measures, we'll also, we're also asking council to designate a council member to draft 785 02:29:46.190 --> 02:29:50.099 Community Hall: Both the primary and rebuttal argument for any ballot measure. 786 02:29:50.100 --> 02:29:51.660 Community Hall: that we do move forward with. 787 02:29:55.650 --> 02:30:05.180 Community Hall: So, some next steps. If Council does decide to pursue a ballot measure, staff is going to first engage Team CivX and begin outreach communications to residents. That'll be 788 02:30:05.200 --> 02:30:14.119 Community Hall: communication that we both work through our communications office within the city managers team as well as vetting through our city attorney's office to ensure that it meets all the legal standards. 789 02:30:14.130 --> 02:30:31.759 Community Hall: We'll also prepare the required resolutions with the ballot language and supporting information that's required. We will present the ballot measure information and both the primary and rebuttal arguments before Council for their approval, and all of this will occur at the July 21st meeting, so that we can meet the county 790 02:30:31.900 --> 02:30:37.479 Community Hall: Santa Clara Register of Voters deadlines for providing this on the November election. 791 02:30:37.680 --> 02:30:44.430 Community Hall: If Council does not decide to pursue a ballot measure at this time, staff is requesting direction on what the additional actions should be. 792 02:30:45.870 --> 02:30:47.749 Community Hall: And with that, we're available for questions. 793 02:30:48.640 --> 02:30:59.229 Community Hall: All right. Thank you very much, Greg, Brian, and also Jonathan for these reports. Do we have any clarifying questions from the council at this time? 794 02:31:01.880 --> 02:31:13.499 Community Hall: Vice Mayor. May I just jump in quickly and say that we also have Anita Luck, a partner with Alshar and Winder, available on Zoom if there are any specific legal questions. All right. Wonderful. Vice Mayor? 795 02:31:14.260 --> 02:31:28.720 Community Hall: Oh, yeah, thank you. So I so the resolution. This will come back on the 21st with a proposed ballot language and arguments for the ballot major. 796 02:31:28.790 --> 02:31:36.799 Community Hall: But for the rebuttal arguments, shouldn't we see an argument against first? 797 02:31:36.890 --> 02:31:41.489 Community Hall: before we do rebuttal. Then what would be the deadline for that? 798 02:31:41.880 --> 02:31:43.970 Community Hall: Or are you suggesting we develop? 799 02:31:44.110 --> 02:31:46.430 Community Hall: We're about your argument now. 800 02:31:46.830 --> 02:31:51.729 Community Hall: Good question. I think I'll defer to Anita Luck to help us provide some clarity on that matter. 801 02:31:52.690 --> 02:31:58.260 Anita Luck, Item #12: Sure, I think what we're asking now is to designate someone to draft the argument for the council. 802 02:31:58.570 --> 02:32:11.970 Anita Luck, Item #12: And then, if the Council does receive an argument against, then the Council will be able to draft a rebuttal argument, and the person who you're authorised to draft the argument will be authorised to draft the rebuttal argument. 803 02:32:12.870 --> 02:32:13.370 Anita Luck, Item #12: Okay. 804 02:32:13.370 --> 02:32:19.449 Community Hall: I guess my question is more raised the deadline. So I think for â€” 805 02:32:19.610 --> 02:32:37.970 Community Hall: on July 1stâ€¦ on July 21st, when we approve the ballot language, we can approve the arguments for. But for rebuttal arguments, likely it will be early August, when we don't have any council meeting. So, whoever drafting the rebuttal. 806 02:32:38.020 --> 02:32:39.879 Community Hall: Likely will not. 807 02:32:40.170 --> 02:32:41.870 Community Hall: Go through council. 808 02:32:42.020 --> 02:32:48.009 Community Hall: approval, and they will just draft and submit. I just want to clarify that. 809 02:32:48.450 --> 02:32:56.620 Anita Luck, Item #12: Yes, you will designate someone who will be able to draft and submit the rebuttal if there's a rebuttal is needed, yes. 810 02:32:57.040 --> 02:32:58.790 Community Hall: and without council approval. 811 02:32:59.030 --> 02:33:04.410 Community Hall: The way we'll authorize them to do that without additional council approval. 812 02:33:04.780 --> 02:33:07.499 Anita Luck, Item #12: Yeah, yes, you can designate someone. 813 02:33:08.340 --> 02:33:08.840 Community Hall: Yeah, okay 814 02:33:09.120 --> 02:33:20.269 Community Hall: And if I may add, the Council has the ability to assign multiple council members, so you can have 2 members work together to develop the 815 02:33:20.390 --> 02:33:23.490 Community Hall: both the argument in favor and the rebuttal. 816 02:33:25.660 --> 02:33:42.500 Community Hall: Through the mayor, just a little, to add on to everything that's already been said, in terms of timing, we are gonna run up, very close to the deadlines here, if there is desire to place something on the ballot, in order for us 817 02:33:42.570 --> 02:34:01.840 Community Hall: to have the language on the 21st, and if Council designates someone today working backwards, it would be ideal to get the suggested language when the agenda publishes next Wednesday. If we need more time, we could do a supplemental the Monday before the 21st. 818 02:34:04.540 --> 02:34:06.759 Community Hall: So you need it by the 14th, you're saying? 819 02:34:08.160 --> 02:34:26.250 Community Hall: Ideally, but if Council needs, or Council designee needs more time, we could do a supplemental on the Monday, but ideally, we can issue it with the agenda. Okay, if needed. All right, Vice Mayor, are youâ€¦ you still have your hand raised, are you set? Okay, Councilmember Frewin, followed by Councilmember Wong. 820 02:34:28.520 --> 02:34:29.200 Community Hall: Thank you. 821 02:34:30.350 --> 02:34:35.830 Community Hall: In the course of the surveys, I didn't see that there was a separate 822 02:34:37.200 --> 02:34:41.409 Community Hall: Examination of a pure renewal without adding. 823 02:34:42.380 --> 02:34:45.789 Community Hall: The video streaming services, is that accurate? 824 02:34:46.470 --> 02:34:47.770 Bryan Godbe, Item #12: Oh, that's correct, yeah. 825 02:34:47.770 --> 02:34:48.150 Community Hall: Okay. 826 02:34:48.150 --> 02:34:50.920 Bryan Godbe, Item #12: In all cases, you're adding the video services. 827 02:34:51.250 --> 02:34:56.859 Community Hall: Okay, would, I'm, I'm assuming here that it's safe to assume that. 828 02:34:57.140 --> 02:35:05.760 Community Hall: if we didn't add the video streaming services, that we'd probably see a higher degree of support. Is that reasonable? 829 02:35:07.180 --> 02:35:08.740 Community Hall: I think so. 830 02:35:09.170 --> 02:35:23.670 Bryan Godbe, Item #12: Yeah, I think so. The question is to what degree, you know, we're at 66% for the renewal, including the video services without increasing the rate. You know, if we got 1% or two. 831 02:35:23.670 --> 02:35:32.170 Bryan Godbe, Item #12: That would probably be as much as you're gonna get for that, what is really a nuance in the ballot question wording. 832 02:35:32.460 --> 02:35:39.400 Community Hall: Okay, and then to staff. I know that I had during your briefing. Thank you very much again. 833 02:35:39.720 --> 02:35:51.409 Community Hall: Asked, you know, if we have any indication from those jurisdictions that do include video streaming services as to how the video streaming services 834 02:35:51.880 --> 02:36:00.089 Community Hall: try to pass that cost on to the end consumer. So, I know you've got a desk item, but if you could highlight that for us, I'd appreciate it. 835 02:36:01.620 --> 02:36:19.589 Community Hall: Thank you. So, I reached out to Santa Barbara, who currently has a union on streaming services, and their director of finance informed me that Hulu or Disney Plus has a separate line on their bill. So, if you have a $15 bill. 836 02:36:19.700 --> 02:36:27.470 Community Hall: You'll see an additional 50 cents on that bill for the or local tax. 837 02:36:28.160 --> 02:36:34.730 Community Hall: Okay, but not every streaming service is currently passing that cost along, is thatâ€¦ True? 838 02:36:35.500 --> 02:36:55.309 Community Hall: He is unsure, as they are still working with all the streaming providers to have them come into compliance. But from what he's what they've seen from Disney plus. It is a separate line. Okay. So they are not. In short, the streaming service provider is not absorbing. 839 02:36:55.310 --> 02:36:57.529 Community Hall: the local tax. 840 02:36:57.930 --> 02:37:11.250 Community Hall: from Disney. We don't know what a Netflix would look like or a Paramount or HBO, any of the other streaming services, how they would address this. Got it. Okay, thank you. 841 02:37:13.100 --> 02:37:16.000 Community Hall: Councilmember Wong, followed by Councilmember Moh 842 02:37:16.680 --> 02:37:25.230 Community Hall: I've got two questions for Brian Godby, and then I've got a question back on the utility tax collection methodology with Netflix. Just a comment. 843 02:37:25.350 --> 02:37:32.609 Community Hall: Question one, Brian, given your polling over the past 6 months, is this one of the most anti-tax environments you've seen? 844 02:37:33.980 --> 02:37:34.830 Bryan Godbe, Item #12: Bye. 845 02:37:35.040 --> 02:37:50.700 Bryan Godbe, Item #12: Yeah, I think so. Yeah, I think that's fair to say. We've seen a lot of measures that we did tracking surveys in the last two months that were pretty optimistic when we were looking at them last summer of 2025, and they've just 846 02:37:50.700 --> 02:37:57.089 Bryan Godbe, Item #12: the floor is falling out. But the numbers here are pretty good for a renewal. 847 02:37:57.240 --> 02:38:01.179 Bryan Godbe, Item #12: Obviously, for an increase, they fall into that category. 848 02:38:02.160 --> 02:38:08.260 Community Hall: And given your experience, you have polled many cities over the last 40 years. 849 02:38:08.570 --> 02:38:12.509 Community Hall: Does it help sometimes to wait, 2 years later to maybe 850 02:38:12.660 --> 02:38:20.229 Community Hall: Hope that the climate's a little bit better for taxation, and does it do better during a presidential year versus a non-presidential election year? 851 02:38:21.310 --> 02:38:33.580 Bryan Godbe, Item #12: I think in, in a normal political environment, that's true. But I can'tâ€¦ looking ahead to 2028, I think it's hard to say that that will be a normal political environment. 852 02:38:34.110 --> 02:38:48.509 Community Hall: Okay, thank you. And then just a comment to, our Director of Finance. Netflix supports local utility tax, or UTs, by automatically calculating, collecting, and remitting those taxes directly to the municipality, just for you. I remember seeing this somewhere. Thank you. 853 02:38:49.800 --> 02:38:58.310 Community Hall: Councilmember Mohan so just a clarification, so the tax would apply to every single 854 02:38:58.430 --> 02:39:07.480 Community Hall: a video service, if we included video services, to a video provider. So if I had Netflix and Prime Video and something else, it would beâ€¦ 855 02:39:09.280 --> 02:39:14.639 Community Hall: Let's just stay with the existing rate, for example, 2.4 to each of these. 856 02:39:14.970 --> 02:39:33.920 Community Hall: Is that how it works? That's correct. So if you had a HBO, let's say they charge $10 and let's say Disney also charges $10, you see a $0.24 additional tax on each bill. So you'd be paying $10.24. 857 02:39:34.570 --> 02:39:35.640 Community Hall: for each one. 858 02:39:36.510 --> 02:39:37.490 Community Hall: Right. 859 02:39:38.360 --> 02:39:42.539 Community Hall: Okay. And my, question was for, 860 02:39:42.950 --> 02:40:02.249 Community Hall: Brian, howâ€¦ I know there wasâ€¦ you had a category saying interim ballot and then a final ballot, and the final ballot was based on the pros and cons that developed closer to the election date. 861 02:40:02.800 --> 02:40:05.940 Community Hall: Am I? Is that what? How you get to the final ballot? 862 02:40:06.290 --> 02:40:15.280 Bryan Godbe, Item #12: Yeah, the final ballot, it's not really the election date, it's the final ballot test in the survey after the proâ€¦ 863 02:40:15.890 --> 02:40:27.580 Bryan Godbe, Item #12: is discussed, and then we have a ballot test, and then we have the negatives discussed, and then we have that final ballot test. So that's what the final represents, it's them hearing everything. 864 02:40:27.580 --> 02:40:42.270 Bryan Godbe, Item #12: But there is a context built into it because we look to see how high we go up with the positives and then how low we go down with the negatives. So that's why it's important to average the interim and the final test. 865 02:40:42.270 --> 02:40:44.740 Bryan Godbe, Item #12: To see what might happen in the real world. 866 02:40:44.830 --> 02:40:59.760 Bryan Godbe, Item #12: on election day, after people have debated both pro and con, and that was again 52%. It exceeds the margin of error. Well, I'm sorry it exceeds the simple majority threshold, but not with the margin of error. 867 02:41:00.060 --> 02:41:14.670 Bryan Godbe, Item #12: Because we could be plus or minus 5%, so that 52 could be 47. It could also be 57, but in my experience, it's not typical that we're working with the upside. We're usually worried about the downside. 868 02:41:17.720 --> 02:41:23.719 Community Hall: Can I quickly ask for a clarification on on page 16 of your presentation. 869 02:41:24.140 --> 02:41:32.150 Community Hall: Where you said interim support for UUT measure to maintain essential city services. 870 02:41:32.770 --> 02:41:33.420 Bryan Godbe, Item #12: Right. 871 02:41:33.800 --> 02:41:45.770 Bryan Godbe, Item #12: Okay, so that's yeah. So the ballot question is the same all on all 3 times the initial test and the interim test. The interim is after all that positive discussion. 872 02:41:46.610 --> 02:41:51.210 Bryan Godbe, Item #12: So it reflects what happens if people just hear the positive side of the. 873 02:41:51.360 --> 02:41:56.209 Bryan Godbe, Item #12: discussion, there is an increase from 44 to 57%. 874 02:41:58.560 --> 02:42:01.150 Community Hall: Okay, so this is somewhat one-sided then. 875 02:42:01.380 --> 02:42:12.970 Bryan Godbe, Item #12: The interim test is, yes, that's why we do that final test after the negatives, because then we're balancing it out and people have heard both sides of the issue. 876 02:42:14.800 --> 02:42:20.860 Community Hall: Okay, great. Thank you. I understand it now. I got my hopes up when I saw this page 16. 877 02:42:22.350 --> 02:42:23.670 Community Hall: Okay, Vice Mayor. 878 02:42:24.520 --> 02:42:25.360 Community Hall: Yeah. 879 02:42:25.570 --> 02:42:31.910 Community Hall: I just want to clarify, so you are saying it's easier to get, 880 02:42:32.070 --> 02:42:37.390 Community Hall: This kind of text major pass in a presidential election year. 881 02:42:37.650 --> 02:42:40.400 Community Hall: When there are more voters voting? 882 02:42:42.100 --> 02:42:45.019 Bryan Godbe, Item #12: In a typical presidential election yearâ€¦ 883 02:42:45.020 --> 02:42:45.450 Community Hall: We talk. 884 02:42:45.450 --> 02:42:49.239 Bryan Godbe, Item #12: I think that's true. But to 885 02:42:49.730 --> 02:42:53.139 Bryan Godbe, Item #12: back to the Council member's question earlier. 886 02:42:53.470 --> 02:43:02.169 Bryan Godbe, Item #12: You know, I don't think the 2026 election is a typical election, and that's why this is the most anti-tax environment that we've seen. 887 02:43:02.170 --> 02:43:13.869 Bryan Godbe, Item #12: because of the state of the economy, and the state of the politics in the nation, the war in the Middle East, which started shooting again today. 888 02:43:13.870 --> 02:43:21.060 Bryan Godbe, Item #12: Yeah, I just don't think, and this is purely conjecture, I don't think we know that 2028 will be normal. 889 02:43:21.620 --> 02:43:39.009 Community Hall: Okay, so I just were trying to understand. So what do you consider typical, for example, is 2024 a typical year, or 2020 are they typical in your survey environment. 890 02:43:39.340 --> 02:43:44.350 Bryan Godbe, Item #12: Yeah, I think in, well, in the actual election results, if you look at the 891 02:43:44.370 --> 02:44:04.089 Bryan Godbe, Item #12: tax measures in California that were on the ballot. 2024 was more typical, and I can think of one school district without getting into names that passed a measure in 2024. But we have now told them that they can't do one in 2026, and I don't know where we'll be in 2028. 892 02:44:04.800 --> 02:44:10.770 Bryan Godbe, Item #12: But, but I, I, Iâ€¦ I think that the support for the renewal. 893 02:44:11.020 --> 02:44:14.049 Bryan Godbe, Item #12: At the current rate is sufficient. 894 02:44:14.150 --> 02:44:18.659 Bryan Godbe, Item #12: for the City of Cupertino that you should be considering 26. 895 02:44:18.850 --> 02:44:22.219 Bryan Godbe, Item #12: I don't see any reason to put it off. 896 02:44:22.640 --> 02:44:31.760 Bryan Godbe, Item #12: and potentially lose the existing tax, and then you'd have to be in a different situation. You're not renewing an existing tax. You're 897 02:44:32.220 --> 02:44:34.259 Bryan Godbe, Item #12: Basically imposing a new tax. 898 02:44:34.840 --> 02:44:38.419 Community Hall: Oh, if we, don't read. 899 02:44:38.560 --> 02:44:46.749 Community Hall: don't get it passed before it expires, we will be facing a more difficult situation, because we will be adding a tax. 900 02:44:47.040 --> 02:44:57.950 Bryan Godbe, Item #12: And that school district I'm thinking about is in exactly that situation in a very difficult economic environment, which has become much more anti. OK. 901 02:44:57.950 --> 02:45:03.939 Community Hall: So even though this year is the most anti-tax year you have seen. 902 02:45:04.300 --> 02:45:14.909 Community Hall: Given that environment, the polling result of Cupertino UUT tax at the existing rate is actually pretty good. 903 02:45:15.320 --> 02:45:18.910 Bryan Godbe, Item #12: That's right, at the existing rate, and that's important, yeah. 904 02:45:18.910 --> 02:45:22.950 Community Hall: Okay, great, thank you. And I have a question about it. 905 02:45:23.070 --> 02:45:39.549 Community Hall: I'm not sure about the streaming. So right now we have the text on telecommunication, cell phone gas in electricity. So for streaming, I'm wondering about like Amazon prime. It's a streaming service, but it's also 906 02:45:39.660 --> 02:45:45.490 Community Hall: The fee also covers, like, shipping, so how would that be calculated? 907 02:45:49.260 --> 02:46:05.489 Community Hall: I assumption that it would be strictly on the streaming services. They wouldn't be inclusive of the, let's say, the Amazon Prime portion. So Amazon would be forced to bifurcate their bills and apply the UUT. 908 02:46:05.520 --> 02:46:15.270 Community Hall: to what would be considered the streaming service. So they have to give an estimate of how much is for the streaming service. Correct. 909 02:46:15.460 --> 02:46:16.450 Community Hall: Okay. 910 02:46:16.860 --> 02:46:20.060 Community Hall: And I have a question about. 911 02:46:20.370 --> 02:46:25.190 Community Hall: It's a very comprehensive survey with all kinds of 912 02:46:26.060 --> 02:46:35.459 Community Hall: services that city provide. It's interesting to see what people care about. I see that the top one is maintain 911 response time. 913 02:46:36.060 --> 02:46:54.450 Community Hall: However, our 911 is, I think, serviced by the fire department, which I don't think they have a contract even with the city, so it's paid by 7% of our property tax, which goes to the fire department. So 914 02:46:54.690 --> 02:47:05.019 Community Hall: in reality, would the U duty text actually affect 911 response time. I can answer that. So the 915 02:47:05.810 --> 02:47:24.870 Community Hall: the 911 response times can be a combination of your fire department and your police. Right? So, as you know, sheriff, we contract with the sheriffs and for the fire department. That's that is part of your property taxes. But that's closer to 15% if I remember correctly. So the Uut would be 916 02:47:25.110 --> 02:47:43.429 Community Hall: arguably more focused towards the sheriff's contract, right? And so, if you have the UMTs, you can apply some of those revenues towards your sheriffs, and you can increase the number of officers to be able to respond to those 911 calls. Oh, I was thinking more of a medical 911 call, but it could be 917 02:47:43.430 --> 02:47:52.059 Community Hall: Public safety 911 call. I see. Okay. And then one question was whether the large business should pay their 918 02:47:52.090 --> 02:47:53.490 Community Hall: Fair share. 919 02:47:53.580 --> 02:48:04.619 Community Hall: So for the UDOT, it's just based on the rate theyâ€¦ how much they pay for electricity and gas. We don't have a different rate for business, right? 920 02:48:05.290 --> 02:48:07.990 Community Hall: That is correct. Okay, yeah, thank you. 921 02:48:10.420 --> 02:48:12.640 Community Hall: Okay, so I was. 922 02:48:12.920 --> 02:48:32.920 Community Hall: curious about. There was a statement made by someone in the survey talking about how the Uut originated with with Blackberry Farm, and so I pulled up ordinance 1534, from 1990, and the measure T. 923 02:48:32.920 --> 02:48:48.829 Community Hall: ballot measure from November 6, 1990, and the ordinance is more comprehensive for what the, the money could be spent on, and then 924 02:48:48.830 --> 02:48:52.239 Community Hall: When I look at the ordinance, 925 02:48:52.840 --> 02:48:57.890 Community Hall: in our municipal code. It's it's allowing 926 02:48:58.190 --> 02:49:06.790 Community Hall: further spending. Let me get back to that. So the purpose, and this was the same purpose back in 927 02:49:07.020 --> 02:49:07.850 Community Hall: Umm. 928 02:49:08.760 --> 02:49:10.360 Community Hall: 1990. 929 02:49:10.880 --> 02:49:12.850 Community Hall: Is to, 930 02:49:13.070 --> 02:49:33.240 Community Hall: Impose a utility user's excise tax as a revenue measure necessary to pay the usual and current expenses of conducting the municipal government of the city, the proceeds of which shall be paid into the general fund of the city. This chapter shall be known and may be cited as the utility user's excise tax ordinance. But then when you look at 931 02:49:33.310 --> 02:49:35.060 Community Hall: Measure T. 932 02:49:35.970 --> 02:49:41.209 Community Hall: back in the day, they are referring to 933 02:49:42.870 --> 02:49:55.709 Community Hall: trying to get that pulled back up. They refer to Blackberry Farm, but also other open space areas. Is there anything in this language that you see that 934 02:49:55.990 --> 02:50:09.850 Community Hall: thatâ€¦ that today, that the argument can be made that, oh, this money was supposed to be for Blackberry Farm, and now you're wanting to use it for paying the sheriff's contracts. What do youâ€¦ what do you say to thatâ€¦ that argument? 935 02:50:14.300 --> 02:50:16.920 Community Hall: I think if we're talking about how 936 02:50:16.920 --> 02:50:36.920 Community Hall: the city or council members may want to propose the the positives. One of the things that we've talked about with Brian and Anita can probably clarify this a little bit, too, is we're focusing on what the benefits are for how the city can use the funds. The intention, I think, moving forward for even exploring the additional or extension of the ut was to consider 937 02:50:36.920 --> 02:50:52.820 Community Hall: How do we make up potential revenue shortfalls that we're looking at in the future? And so one of the benefits that we saw pulled was the reality that residents do appreciate the response times of 901. For us, that could be the reality of the county of Santa Clara responding. 938 02:50:52.880 --> 02:50:54.419 Community Hall: to those events, so I think 939 02:50:54.590 --> 02:51:11.860 Community Hall: you know, that the items that the survey has, and the respondents have identified, could be really relevant and probably resonate well with the residents when we're considering how we would propose this. With regard to a rebuttal, I wouldn't know exactly how you would rebut, 940 02:51:12.110 --> 02:51:18.220 Community Hall: How the funds are being used, other than, again, potentially just highlighting what we do intend to use them for. 941 02:51:19.460 --> 02:51:23.610 Community Hall: Okay, thank you. And Anita, would you add anything to that? 942 02:51:24.080 --> 02:51:37.910 Anita Luck, Item #12: Sure, just that the 1990 ordinance seemed to say that it was for general municipal services, and this is a general tax, so it's only going to be required to get a 50% plus one vote. 943 02:51:37.950 --> 02:51:49.910 Anita Luck, Item #12: To be a majority vote. And so theâ€¦ essentially, the city can use it for any city purpose. It might likely use it for what it intends to budget for. 944 02:51:49.910 --> 02:52:04.200 Anita Luck, Item #12: And that's kind ofâ€¦ so when you say maybe 911 service, well, that is maybe your intent to use it for that, but there's no absolute requirement to use it for that in the future. 945 02:52:04.240 --> 02:52:16.720 Anita Luck, Item #12: But you also don't want to mislead in yourâ€¦ in what you provide to the voters, so if it's something you think you're going to use it for, it's okay to put it in there together withâ€¦ and other general city services. 946 02:52:17.970 --> 02:52:19.270 Anita Luck, Item #12: Okay, thank you. 947 02:52:19.270 --> 02:52:28.139 Community Hall: And then, so I do have the language forâ€¦ for Measure T, which I believe was beforeâ€¦ I think it's Prop 218, which, 948 02:52:28.140 --> 02:52:52.890 Community Hall: made some rule changes which you can remind us what those were. But this was in order to authorize one, the acquisition and preservation of Blackberry Farm as open space, the acquisition and preservation of other open space land within the city, and the construction of public recreation facilities consistent with the preservation and public use of the open space, and to the imposition of an electric gas and telephone utility 949 02:52:52.890 --> 02:52:58.979 Community Hall: There's excise tax at rates not to exceed 2 and 40 hundredths percent. 950 02:52:59.070 --> 02:53:04.699 Community Hall: So itâ€¦ when you go, then, to the municipal code that we 951 02:53:04.700 --> 02:53:15.689 Community Hall: currently have, the purpose is not specifically for what it was originally in 1990, so it's become general. 952 02:53:15.690 --> 02:53:30.029 Community Hall: And I'd just like to understand, that so that when, you know, if we do have members of the public saying this was for Blackberry Farm, we've paid Blackberry Farm off, why do we still have this UUT? I look at it as 953 02:53:30.060 --> 02:53:49.219 Community Hall: We've had this amazingly huge shortfall from our revenue sales tax sharing agreement, and we have the sheriff's contract now going up to, what are we at, $25.5 million from the 18.6. 954 02:53:49.220 --> 02:53:53.920 Community Hall: So, that'sâ€¦ Enough on that topic. Councilmember Fruin. 955 02:53:56.730 --> 02:53:58.630 Community Hall: Thank you. 956 02:53:58.900 --> 02:54:02.340 Community Hall: To what extent, and in what way. 957 02:54:02.610 --> 02:54:14.100 Community Hall: Does the number of other tax or bond measures or propositions on the ballot influence the likelihood of success of any one of those measures? 958 02:54:18.130 --> 02:54:42.980 Bryan Godbe, Item #12: I can address that, at least in the context of the survey. That's why we have the negatives and that's why we reference the transportation tax to see how big a negative that was. And then of course we have that final test after people have heard those negatives, that as well as others. And certainly it was one of the highest ranked negatives. So it was in fact the highest ranked. 959 02:54:42.980 --> 02:55:00.300 Bryan Godbe, Item #12: it wasn't just about the transportation measure, but it was also about the measure as promised to sunset. So that combined argument is pretty powerful, for sure, and I think that's why in that final test we're at 47%, and why 960 02:55:00.370 --> 02:55:17.360 Bryan Godbe, Item #12: We think that an increase is not viable in this election environment with those competing measures, as well as the economic headwinds, and why a renewal at the existing rate, so we can say we're not increasing the tax rate, is important. 961 02:55:17.790 --> 02:55:32.600 Community Hall: Got it. But just as a general proposition, does the presence of a lot of things that voters are asked to weigh in on tend to change their view of any one of those things? Like, are they more predisposed to just vote no when they're asked way too many questions? 962 02:55:32.750 --> 02:55:48.250 Bryan Godbe, Item #12: Not necessarily. In a, again, a typical election, you know, we've had a city measure, a school district measure, and a county measure, and we've seen them all be successful. But I think the economic headwinds that we currently have 963 02:55:48.250 --> 02:55:52.790 Bryan Godbe, Item #12: You know, present a huge obstacle for that kind of scenario. 964 02:55:52.960 --> 02:56:01.609 Community Hall: Okay. Do you have an example of, or just as a matter ofâ€¦ 965 02:56:01.780 --> 02:56:21.660 Community Hall: theoretical examination of a public agency that sees its tax measure fail in one election, and then subsequently puts substantially the same tax measure on the immediately following election. And if so, what sort of outcome have you seen? Has that influenced that outcome? 966 02:56:22.990 --> 02:56:24.230 Bryan Godbe, Item #12: Iâ€¦ 967 02:56:25.220 --> 02:56:39.589 Bryan Godbe, Item #12: We, we have, not had that much experience with that because we've had a 95% win track record. So I don't have a lot of losses to do that analysis, to be quite honest. I, I fear that I'm going to be doing more of that analysis in this life. 968 02:56:39.590 --> 02:56:42.850 Community Hall: Sorry. 969 02:56:42.850 --> 02:56:55.600 Bryan Godbe, Item #12: So, so I can't really forecast what that is gonna be, but I think that if it's separated by two years and you can explain why, what you've, what you heard. 970 02:56:55.630 --> 02:57:04.329 Bryan Godbe, Item #12: in election A, when you're reformulating a measure in election B, and be able to credibly say, you know, we learned that 971 02:57:04.410 --> 02:57:09.069 Bryan Godbe, Item #12: The voters wouldn't accept this, and so that's why we've changed the measure. 972 02:57:09.220 --> 02:57:21.669 Bryan Godbe, Item #12: I think that's the norm where you have to do two measures. Again, you know, we don't have a lot of experience in exactly that, but that would be our counsel. And Charles Heath may have an opinion on that as well. 973 02:57:23.510 --> 02:57:24.890 Community Hall: Got it. 974 02:57:26.590 --> 02:57:29.050 Community Hall: To, Ms. Luck. 975 02:57:29.350 --> 02:57:36.199 Community Hall: Is there any legal impediment to us putting a general tax like this on a primary ballot or on a special ballot? 976 02:57:36.950 --> 02:57:42.100 Anita Luck, Item #12: There's no legal impediment for you to put the tax on this ballot, no. 977 02:57:42.100 --> 02:57:56.230 Community Hall: Got it. And then back to you, Mr. Godby, if this sort of measure were on a special election ballot or on a primary election ballot, do you think it would fare differently? And if so, how? 978 02:57:56.630 --> 02:58:12.249 Bryan Godbe, Item #12: Well, I think the turnout is different, and again, the economic headwinds are gonna be the important thing. I do think, and I don't mean to disagree with Anita, but, general taxes have to be on the same ballot with the city council. 979 02:58:12.880 --> 02:58:17.999 Bryan Godbe, Item #12: Standing for election, so a special election would become a two-thirds measure. 980 02:58:18.370 --> 02:58:19.900 Bryan Godbe, Item #12: In my experience. 981 02:58:20.110 --> 02:58:25.590 Bryan Godbe, Item #12: And thatâ€¦ that, obviously, you know, our best case is 66%, 982 02:58:25.710 --> 02:58:33.919 Bryan Godbe, Item #12: that's great when we're looking at a simple majority measure. If we're looking at two-thirds, then, you know, we're on the bubble again. 983 02:58:36.160 --> 02:58:47.319 Anita Luck, Item #12: And just to clarify, I agree with Mr. Gottby and I refer to this election, but if it were at a special election. 984 02:58:47.320 --> 02:59:00.470 Anita Luck, Item #12: You would either need a declaration of fiscal emergency or you would need it for a general tax to take place at a special election, but for a general tax to take place. 985 02:59:00.650 --> 02:59:07.749 Anita Luck, Item #12: It takes to take place at this coming election, or at the election, the presidential election, when you have council members up. 986 02:59:07.990 --> 02:59:12.750 Anita Luck, Item #12: then that's fine. You don't need a fiscal emergency declaration. 987 02:59:13.140 --> 02:59:16.840 Community Hall: Got it. Okay, thank you Vice Mayor? 988 02:59:20.070 --> 02:59:20.850 Community Hall: Here. 989 02:59:21.490 --> 02:59:25.010 Community Hall: I see that the question forâ€¦ 990 02:59:25.980 --> 02:59:31.190 Community Hall: The question for the parkland, let me share that. 991 02:59:32.990 --> 02:59:50.479 Community Hall: Because, initially, I thought this has to do with the sale or lease of parkland, because there was a similar measure in Sunnyvale for public land, parkland. But I see that the question here in the survey, 992 02:59:50.480 --> 02:59:56.799 Community Hall: It's about rezoning of parks and parkland, or open space, or any proposal. 993 02:59:56.910 --> 03:00:10.450 Community Hall: For residential, commercial, industrial in parks, parkland or open space. So it seems this is modeled after the Milpitas one that's, not about sale. 994 03:00:10.750 --> 03:00:19.289 Community Hall: So I'm just curious, in case of any sale of Parkland, I'mâ€¦ I'm guessing ifâ€¦ 995 03:00:20.040 --> 03:00:36.439 Community Hall: the city sell any parkland. If a private party wants to develop, they still have to rezone. So that would cover that potential issue. Right? So we would require voter approval for that. 996 03:00:39.260 --> 03:00:52.320 Community Hall: I'll attempt to answer that, and then I'll ask Anita to weigh in as well. So, the intention, I believe, is to take existing, zoned properties that are parks and parklands, and then raise it to the threshold. 997 03:00:52.330 --> 03:01:11.089 Community Hall: that we would be asking voters to require. So we would make it more difficult to rezone existing zoned spaces that are parks, parklands, or open space. So to change those would be a little bit more restrictive. But Anita's working on the language. Anita, is there anything you'd like to add in that regard? 998 03:01:11.410 --> 03:01:18.470 Anita Luck, Item #12: Sure. We can insert a provision that the city can't sell any parkland. 999 03:01:18.610 --> 03:01:25.510 Anita Luck, Item #12: You know, we could put in some sort of provision like that. 1000 03:01:25.670 --> 03:01:34.180 Anita Luck, Item #12: As well, this, the rezoning provision really covers keeping the, 1001 03:01:34.370 --> 03:01:51.560 Anita Luck, Item #12: the land as parkland, and then if you wanted to actually put in some provisions related to not selling them, we could look at the Sunnyvale provisions. I think I did put a provision in kind of a draft ordinance regarding selling parkland to discuss with the 1002 03:01:51.590 --> 03:01:58.429 Anita Luck, Item #12: city staff. So, you know, if that is something you are interested in, we can certainly explore that. 1003 03:01:59.670 --> 03:02:16.029 Community Hall: But I'm guessing this already kind of covered that, because whoever buys it, if they are keeping it as parkland, fine, right? So, but then another question is about, those BQ zoned, 1004 03:02:16.860 --> 03:02:23.240 Community Hall: City property, so this does not cover, say, the service center. 1005 03:02:23.720 --> 03:02:27.150 Community Hall: That the city currently zone. 1006 03:02:27.450 --> 03:02:32.049 Community Hall: If it's resolved to other use, this does not cover. 1007 03:02:33.510 --> 03:02:41.990 Anita Luck, Item #12: At the moment, this would cover just all the city property right now that is zoned as parks and recreation or open space. 1008 03:02:42.510 --> 03:02:43.020 Community Hall: Mmm. 1009 03:02:43.020 --> 03:02:45.239 Anita Luck, Item #12: If you want to. Yeah. 1010 03:02:45.420 --> 03:03:05.050 Community Hall: Add that to that. I know community development is currently working on rezoning some of the existing facilities or properties within city to be either parks, parklands, or open space, so they would fall under the this protection at a later date. Once rezoned. 1011 03:03:06.220 --> 03:03:17.589 Community Hall: Yeah. But then there are still city properties on we owned that are not parks and parkland. They are the quasi government zone. Right? 1012 03:03:17.690 --> 03:03:19.400 Community Hall: Yeah, okay. 1013 03:03:19.720 --> 03:03:21.740 Community Hall: Thank you. Councilmember Wong. 1014 03:03:21.850 --> 03:03:23.000 Community Hall: Oh, thank you. 1015 03:03:23.200 --> 03:03:40.570 Community Hall: Two more questions, one for, Anita. The question is really about, when we change items, when do we require a separate measurement requirement to, Alshar? So, when we change the tax rate, does that invoke a separate measure requirement? And when we add streaming services, does that invoke a separate measure requirement? 1016 03:03:40.570 --> 03:03:50.399 Anita Luck, Item #12: That is a very good question. We would treat it as a one measure requirement that you're extending your current tax rate. 1017 03:03:50.740 --> 03:03:59.920 Anita Luck, Item #12: and I'm including video services. So we would. We would treat it as a one measure requirement. What are we bottom? 1018 03:03:59.920 --> 03:04:03.719 Community Hall: But would a rebuttal not do that? Some would say that thatâ€¦ 1019 03:04:04.000 --> 03:04:11.870 Community Hall: That unless we're keeping it the same, if we've changed it by adding a service, does that substantially change this? I don't know what the test is, soâ€¦ 1020 03:04:12.500 --> 03:04:15.720 Anita Luck, Item #12: I mean, are you just talking about the ballot question? 1021 03:04:15.720 --> 03:04:20.179 Community Hall: Yeah, the ballot question. If we add video streaming services, does that make that a different UUT? 1022 03:04:20.490 --> 03:04:29.090 Anita Luck, Item #12: Yeah, no, we're going to treat it as the same UUT and bring it all into one subject line, yeah. 1023 03:04:29.520 --> 03:04:30.119 Anita Luck, Item #12: And we'll. 1024 03:04:30.120 --> 03:04:39.820 Community Hall: Okay, and then the question for staff is, will we still have the special senior 65 exemption for Cupertino utility tax exemption that we have today under this rule? 1025 03:04:40.410 --> 03:04:47.490 Community Hall: Yes, that'll remain. So, seniors over the age of 65 will be able to file for exemption from these taxes? That's correct. Okay, thank you 1026 03:04:48.590 --> 03:04:54.260 Community Hall: At this time, Madam City Clerk, do we have any members of the public who would like to comment on this item? 1027 03:04:54.970 --> 03:04:59.599 Community Hall: Mayor, I don't have any requests to speak in person, but I do have one, I think. 1028 03:05:08.020 --> 03:05:18.909 Community Hall: Okay, so we have one now for request to speak in person, and currently I see one hand raised virtually. As a reminder, members of the public wishing to speak on this item shall submit a request to speak 1029 03:05:19.060 --> 03:05:27.330 Community Hall: card or raise their hand virtually within the 9 minutes of the start of the public comment period, or before the public comment period is closed, whichever comes first. So, welcome, Rhoda! 1030 03:05:27.740 --> 03:05:34.720 Community Hall: Hi, good evening. I just wanted to thank the mayor for bringing up the history of the 1031 03:05:35.100 --> 03:05:43.429 Community Hall: tax about the the tax, the Uut tax. It was intended to purchase and improve property. 1032 03:05:43.590 --> 03:05:48.499 Community Hall: Andâ€¦ It also, in a way, ties into this park. 1033 03:05:48.610 --> 03:05:52.600 Community Hall: idea, which I am very much in favor of, because at some point. 1034 03:05:52.730 --> 03:05:57.920 Community Hall: There was talk about putting housing at the Blackberry Farm property. 1035 03:05:58.040 --> 03:06:02.410 Community Hall: And that was property that we taxpayers. 1036 03:06:02.970 --> 03:06:07.770 Community Hall: taxed ourselves on to purchase as open space. 1037 03:06:08.030 --> 03:06:11.700 Community Hall: That's what the vote said. 1038 03:06:11.930 --> 03:06:13.000 Community Hall: Andâ€¦ 1039 03:06:13.120 --> 03:06:20.190 Community Hall: It troubled me to hear that there would be a change in use, potential change in use. So I really appreciate this park. 1040 03:06:21.960 --> 03:06:23.419 Community Hall: ballot measure. 1041 03:06:23.670 --> 03:06:27.309 Community Hall: moving forward on that. So we will remember that history. 1042 03:06:27.570 --> 03:06:34.410 Community Hall: Andâ€¦ There are other a lot of other cities who do these Uuts, and they are 1043 03:06:34.650 --> 03:06:41.150 Community Hall: allocated for operational uses. So, it'sâ€¦ it is a change from what we do, but notâ€¦ 1044 03:06:41.920 --> 03:06:45.599 Community Hall: Substantively different from what other cities do. 1045 03:06:46.210 --> 03:06:53.770 Community Hall: Andâ€¦ The other thing about another thing that comes to mind. 1046 03:06:54.510 --> 03:07:13.380 Community Hall: Is, you know, it's all about where we put money. I mean, we could even say that we were raising money to buy the Finch property. We can use any reason. It's just we're just using it to raise money. Another thing that I've heard floated in the past, and I certainly do not want this to happen. 1047 03:07:13.530 --> 03:07:18.989 Community Hall: Is there been talk about selling La Monte Vista Water Works to San Jose Water? 1048 03:07:20.680 --> 03:07:30.770 Community Hall: the city of Cupertino actually owns some of its own water system. It was the old Monta Vista Water Works. And again, in that instance, we, the taxpayers. 1049 03:07:31.080 --> 03:07:48.640 Community Hall: voted for that. We taxed ourselves. It was in the 1950s. So, to say, oh yeah, well, we want to sell it when we've chosen to tax ourselves on it, it justâ€¦ that doesn't make sense. And I've heard that come up a number of times, and so I'm asking y'all 1050 03:07:48.940 --> 03:07:58.140 Community Hall: let's all be very careful about how we choose to raise raise our money, and that's it. So good night. Thank you. 1051 03:07:59.110 --> 03:08:07.390 Community Hall: Thank you, Rhoda. Next we will move to the request to speak virtually. We will welcome Jennifer Griffin, followed by Sanrel. Welcome, Jennifer. 1052 03:08:09.340 --> 03:08:11.650 Jennifer Griffin: Thank you. Can you all hear me? 1053 03:08:11.820 --> 03:08:12.739 Community Hall: We can hear you. 1054 03:08:13.010 --> 03:08:29.529 Jennifer Griffin: Good, thank you. I'm very glad that the city used excellent statistical measures. I'm very, very proud to see statistical measures used all over the city screen, especially when we have the Monta Vista teams. 1055 03:08:29.690 --> 03:08:49.259 Jennifer Griffin: and our junior high, I believe, that have are are going into science areas, statistical measures, math analysis decide how we proceed in the future. On that note. I'm very, very pleased with the response about the 1056 03:08:49.680 --> 03:09:02.969 Jennifer Griffin: the park initiative. I think it's very, very important, and I'm glad to see that there was so much interest in it. I'm very scared about something like the future of the Presidio. 1057 03:09:03.080 --> 03:09:21.630 Jennifer Griffin: et cetera, et cetera, as an example. So I'm hoping that we can do everything possible to protect our parkland in the future to make sure that we don't lose it. It's very, very hard to get it now. As we know, land is very precious. There's a great deal of 1058 03:09:23.350 --> 03:09:34.179 Jennifer Griffin: potential use that people see for it. But we need to have areas of recreation. This is where people go is downtime. It's where our children go 1059 03:09:34.500 --> 03:09:52.969 Jennifer Griffin: happy or sad, they can go to places and learn how to survive and help them as adults in the future. I'm glad that you all explained about the utility tax. I had heard of 1060 03:09:53.310 --> 03:10:13.049 Jennifer Griffin: essentially when my grandmother lived in Cupertino, and we were very happy at the time that Blackberry Farm was being purchased. We were very proud of the people of Cupertino for seeing, having foresight to purchase the property. I've learned more about this tax, and if the land is 1061 03:10:13.050 --> 03:10:23.380 Jennifer Griffin: Paid off now, bonds or whatever they were doing, I can see that we have another future with this money, and I, I think that. 1062 03:10:23.540 --> 03:10:28.630 Jennifer Griffin: as theâ€¦ Statistics showed keeping the tax. 1063 03:10:29.150 --> 03:10:40.910 Jennifer Griffin: at the rate it is now, but just keeping it going, I think that's a really, really good plan. Yes, we are in extremely unusual economic, political. 1064 03:10:41.240 --> 03:10:52.620 Jennifer Griffin: dynamics. It's similar to something from the 1960s, as far as I can tell, but I think that keeping something as familiar as the tax 1065 03:10:52.910 --> 03:11:09.310 Jennifer Griffin: at the same rate is comforting to people. We're already paying it now, so let's just have it go forward. Thank you for explaining what theâ€¦ I'm going to call it the internetâ€¦ the portionâ€¦ I may have the wrong word there, but theâ€¦ theâ€¦ 1066 03:11:09.420 --> 03:11:16.759 Jennifer Griffin: IT or the World Wide Web part of this, I really didn't understand what that was, but I think it's good. Thank you. 1067 03:11:17.790 --> 03:11:20.690 Community Hall: Thank you, Jennif Next, we will welcome San Rao. 1068 03:11:25.450 --> 03:11:31.339 San Rao: Good evening, Mayor Moore and Council Members. I'm speaking on behalf of myself only as a resident, but 1069 03:11:31.470 --> 03:11:33.990 San Rao: I am a current planning commissioner for the city. 1070 03:11:34.290 --> 03:11:40.180 San Rao: I'm speaking in favor of the parkland ballot measure. I want to thank, council members. 1071 03:11:40.350 --> 03:11:47.829 San Rao: Ray Wong, Vice Mayor Liang Chao, and Mayor Kitty Moore for your foresight in putting this on the ballot. Weâ€¦ 1072 03:11:47.940 --> 03:11:56.060 San Rao: Should never forget that in 2023, the prior council attempted to put the Cupertino Sports Center 1073 03:11:56.120 --> 03:12:14.950 San Rao: on a public-private partnership to redevelop it into a high-density housing and into a city hall with the promise that the tennis courts would not be impacted. I'm actually making this public comment from the Cupertino Sports Center, vibrant and thriving right now, and I shudder to think what it could have been. It could have been a rubble of concrete 1074 03:12:15.000 --> 03:12:31.420 San Rao: and demolition, and maybe 20 years of no construction and no development at the vibrant corner of Stelling and Stevens Creek. So let us never let that happen again. Please vote to approve the parkland ballot measure, and let Cupertino residents 1075 03:12:31.570 --> 03:12:42.990 San Rao: vote for any change of land use on parkland. Please also confirm explicitly that the Cupertino Sports center will be protected as a part of this ballot measure. I believe it is zoned PR. 1076 03:12:43.030 --> 03:12:59.330 San Rao: and let's confirm that all of the sports center is PR, and all of the sports center will be protected, so that we do not have any corner cases where one part of the building is not, and therefore somebody can go after it. If possible, please also look at the buildings at Monta Vista. 1077 03:12:59.330 --> 03:13:16.049 San Rao: Park, there's the Madagascar Recreation Center, and at the Creekside Park as well, and let's try to protect the entire park, including the buildings. Thank you for your effort and your vision, and I hope this Parkland ballot measure is passed, and residents are aware that the prior council majority attempted 1078 03:13:16.150 --> 03:13:23.039 San Rao: to change use on the crown jewel, which is the Cupertino Sports Center. Please protect the Sports Center. Thank you. 1079 03:13:25.120 --> 03:13:28.450 Community Hall: Thank you, Sam. Mayor, that concludes the request to speak on this item. 1080 03:13:29.240 --> 03:13:31.850 Community Hall: Perfect. Thank you. 1081 03:13:32.280 --> 03:13:36.290 Community Hall: I would kind of like to divide up these items, 1082 03:13:36.290 --> 03:13:54.770 Community Hall: and handle them separately. So, the recommended action, we have three parts here. The first part is to receive a report on the ballot measure survey results, and I feel like right now, we could take a vote on that and say, you know, I move that we receive the ballot measure survey results. Do I have a second? 1083 03:13:55.440 --> 03:13:56.930 Community Hall: Second. Okay. 1084 03:13:57.350 --> 03:14:10.699 Community Hall: Okay. So it was second, I believe, by Councilmember Frewin. And I do. We have any comments on this item. Otherwise we can vote probably pretty quickly on item one and move it through. 1085 03:14:11.370 --> 03:14:25.109 Community Hall: Okay, I am seeing one hand still raised, but I think it's from before. Oh, it's just a simple comment. I thought it was really well done, so I'm done. Okay, that's great. So with that, Madam City Clerk, will youâ€¦ 1086 03:14:25.110 --> 03:14:36.690 Community Hall: Yes, Vice Mayor? Do we even need to vote to receive a report? That's a recommended action, part one. I'm just going to go buy the book on the list. Okay. 1087 03:14:36.730 --> 03:14:37.570 Community Hall: All right. 1088 03:14:37.660 --> 03:14:42.080 Community Hall: Madam City Clerk, will you please set the voting lights, and we will vote on item one. 1089 03:14:53.240 --> 03:14:54.820 Community Hall: All right. Thank you. 1090 03:14:59.530 --> 03:15:05.700 Community Hall: The motion carries unanimously. All right, okay, so item two, I'd like to divide into two parts, 1091 03:15:06.680 --> 03:15:16.029 Community Hall: First, do we have a motion that Weâ€¦ Place the parkland rezoning. 1092 03:15:16.280 --> 03:15:20.389 Community Hall: onâ€¦ the ballot. So moved. 1093 03:15:20.530 --> 03:15:24.609 Community Hall: Councilmember Frewin moved. Do we have a second? I'll second. Second. 1094 03:15:24.760 --> 03:15:28.339 Community Hall: No, go for it. Councilmember Wong seconded. 1095 03:15:28.770 --> 03:15:34.420 Community Hall: that item. Do we have any requests to speak on this item at this time? 1096 03:15:35.250 --> 03:15:36.120 Community Hall: Bye. 1097 03:15:37.150 --> 03:15:38.939 Community Hall: Vice Mayor. 1098 03:15:39.000 --> 03:15:51.939 Community Hall: I just want to clarify. So are we using the exact language that's in the survey modeled after Milpitas? Yes. So we don't want to address any. I don't think we need to. 1099 03:15:51.940 --> 03:16:14.720 Community Hall: to address the sale of the property or anything. Just want to clarify that right? I'm I'm personally concerned about going down the road of Sunnyvale, since they didn't. They didn't succeed. So I would rather follow the one they did. So yeah, very good councilmember Wong. I just wanted to ask the clarification that one of the public members had asked about whether 1100 03:16:14.910 --> 03:16:20.120 Community Hall: I believe it is true, I just wanted to double check. Cupertino Sports Center is included in the Parklands measure. 1101 03:16:20.910 --> 03:16:25.790 Community Hall: It is zoned PR, currently. Okay, just wanted that clarification verbally. Thank you. 1102 03:16:27.060 --> 03:16:27.750 Community Hall: Right. 1103 03:16:28.230 --> 03:16:35.009 Community Hall: So please lower your hands if you don't need to comment further on this item. All right. 1104 03:16:35.110 --> 03:16:41.639 Community Hall: Madam City Clerk, will you please set the voting lights, and we will be voting on the Parkland ballot measure. 1105 03:16:42.140 --> 03:16:42.970 Community Hall: Okay. 1106 03:16:47.800 --> 03:16:48.579 Community Hall: Good morning. 1107 03:16:49.400 --> 03:16:55.349 Community Hall: The motion carries unanimously. All right. Thank you. Council members. 1108 03:16:55.350 --> 03:17:13.349 Community Hall: we have the user utility tax to, speak about next. I do have a question, though, because item 3 is to designate council members to draft the primary argument and rebuttal argument, for any ballot measure placed before the voters. You could, 1109 03:17:13.590 --> 03:17:29.749 Community Hall: depending on what happens with the UUT, you could decide that it would be a different, set of council members that would be creating the primary and rebuttal argument for Parkland, versus the UUT. So, would you like to, 1110 03:17:29.910 --> 03:17:39.720 Community Hall: move to select to designate the council members, at this time, and then just decide, amongst ourselves who that would be for Parkland. 1111 03:17:43.830 --> 03:17:46.300 Community Hall: Through the mayor, can I ask some clarifying questions? 1112 03:17:47.050 --> 03:18:12.000 Community Hall: Just so I know, and as well the public, we're writing the for and the against as well? Just the for, right? Okay, I want to make sure. And then, but then I guess the pair. Oh, sorry. Well, you're going to have a for, you're going to have a arguments against, and then you're going to have a rebuttal to the arguments against. So they're always, both sets will be for, but the second set will be addressing. 1113 03:18:12.000 --> 03:18:14.269 Community Hall: The, the new, the arguments you've heard. 1114 03:18:14.270 --> 03:18:21.930 Community Hall: We are correct. So, the likely to the pair that's selected will 1115 03:18:22.040 --> 03:18:28.190 Community Hall: draft the battle language and primary arguments for by next week, and 1116 03:18:28.310 --> 03:18:42.510 Community Hall: And then, likely, in case there is a rebuttal, is an argument against, they will draft a rebuttal argument in August. We would authorize them to draft that without council approval, right? 1117 03:18:42.550 --> 03:18:50.830 Community Hall: They'll be authorized at this time, I believe, to do that. Is the timeline, I'm sorry, is the timeline accurate, this August rebuttal? 1118 03:18:51.180 --> 03:18:58.350 Community Hall: I believe that the timeline is accurate. We'll ask Anita, I think, to weigh in on that. I think that 1119 03:18:58.720 --> 03:19:06.909 Community Hall: If you have been designated to write the argument, it's not necessary to bring it back to be approved by the Council. 1120 03:19:07.360 --> 03:19:18.200 Community Hall: I mean, it's certainly something that the Council could do, but it's not necessary, which is why, if you designate somebody to do the rebuttal, and there isn't a Council meeting between the time 1121 03:19:18.370 --> 03:19:20.519 Community Hall: That it's due, it would be okay. 1122 03:19:21.340 --> 03:19:39.540 Community Hall: Further question, there was the mention of, of, drafting the actual ballot, language. Is thatâ€¦ that doesn'tâ€¦ that's not actually included in this Item 3 recommended action. Correct. That will be drafted by the experts that the City has hired. 1123 03:19:39.850 --> 03:19:40.550 Community Hall: Okay. 1124 03:19:42.890 --> 03:19:45.410 Community Hall: All right. So, Vice Mayor. 1125 03:19:46.810 --> 03:19:48.720 Community Hall: No, that's all. 1126 03:19:49.850 --> 03:19:53.049 Community Hall: So, so I would, 1127 03:19:54.330 --> 03:19:59.160 Community Hall: I guess I'm suggest, maybe for the Parkland, Major. 1128 03:19:59.320 --> 03:20:01.529 Community Hall: Maybe the mayor? 1129 03:20:02.400 --> 03:20:10.700 Community Hall: And, councilmemberâ€¦ Mohan canâ€¦ Jeff? 1130 03:20:11.360 --> 03:20:12.670 Community Hall: be the pair. 1131 03:20:15.170 --> 03:20:17.190 Community Hall: Andâ€¦ Okay. 1132 03:20:17.630 --> 03:20:19.140 Community Hall: Yeah, okay. 1133 03:20:19.590 --> 03:20:21.809 Community Hall: Okay, do we have a second? 1134 03:20:23.100 --> 03:20:24.290 Community Hall: Sure, I'll second. 1135 03:20:24.640 --> 03:20:28.660 Community Hall: Okay, so this is for the Parkland ballot measure. 1136 03:20:28.820 --> 03:20:33.770 Community Hall: I see you'reâ€¦ Councilmember Wong, your hand's still up. 1137 03:20:33.770 --> 03:20:51.740 Community Hall: Okay, I'm not seeing any other requests to speak on this item. Madam City Clerk, will you please set the voting panel, and we will vote on designating myself and Councilmember Mohan to draft the primary argument and rebuttal argument for the Parkland 1138 03:20:52.020 --> 03:20:53.950 Community Hall: rezoning ballot measure. 1139 03:20:59.790 --> 03:21:01.530 Community Hall: Was. 1140 03:21:02.170 --> 03:21:14.870 Community Hall: Is there a motion and a. I guess I made the motion, but I don't know if there is a second. Council member Wong seconded. Okay, so Chao. Okay. And Wong. Okay. 1141 03:21:26.550 --> 03:21:42.160 Community Hall: The motion carries unanimously. All right. Now we have the user utilities tax. I'm saying it backwards, utility users tax. So do we have any motion on the UUT? 1142 03:21:42.310 --> 03:21:43.479 Community Hall: at this time. 1143 03:21:46.090 --> 03:21:47.590 Community Hall: Okay. 1144 03:21:47.760 --> 03:21:50.210 Community Hall: Yes, I have a question. 1145 03:21:50.630 --> 03:21:53.660 Community Hall: So on the in the survey. 1146 03:21:53.990 --> 03:22:02.650 Community Hall: It seems, if we maintain the existing rate, we have a higher rate of approval. 1147 03:22:02.750 --> 03:22:16.360 Community Hall: And, I think now is a better time than waiting 2 years, so that we have more predictiveâ€¦ predictability for theirâ€¦ our budget, given, we haveâ€¦ 1148 03:22:16.440 --> 03:22:34.029 Community Hall: we are losing about 10 to 20 million of sales tax, and then we are facing a large increase of sheriff contract, and even if the city decides toâ€¦ we have to get our own sheriff, the cost might be higher. So I think we need that certainty now. 1149 03:22:34.320 --> 03:22:53.280 Community Hall: But my question is, the estimate of 6.9 9 million on the ballot includes streaming service. I'm inclined to not include that. So if we just maintain the existing rate without streaming service, what would be the estimate? 1150 03:22:53.640 --> 03:23:03.850 Community Hall: So the 6.9 million dollars in the question that was posed to potential voters was the 3.4% and streaming service. 1151 03:23:04.220 --> 03:23:13.200 Community Hall: Should. Oh, right! That's 2.4. 4. It would be just approximately 4.4 million dollars. 1152 03:23:14.120 --> 03:23:20.460 Community Hall: or 4.4 at justâ€¦ 4.9Million dollars for next fiscal year. 1153 03:23:21.090 --> 03:23:26.300 Community Hall: With the current, without streaming service, right? 1154 03:23:26.460 --> 03:23:31.500 Community Hall: No, with streaming service, without streaming service, we're looking at 4.4. 1155 03:23:31.930 --> 03:23:35.250 Community Hall: without is approximately 4.8 4.9. 1156 03:23:36.890 --> 03:23:44.660 Community Hall: The projected tax revenue for the city to include streaming service ranges between 4 to $500,000 a year. 1157 03:23:49.000 --> 03:23:50.550 Community Hall: Okay. 1158 03:23:52.050 --> 03:23:56.900 Community Hall: Pardon, Jonathan, could you please repeat that? So, 1159 03:23:57.050 --> 03:24:02.210 Community Hall: Using the same 2.4%, what is the prediction? 1160 03:24:02.360 --> 03:24:07.679 Community Hall: Estimate for, without the streaming service, and then with the streaming service. 1161 03:24:07.880 --> 03:24:14.430 Community Hall: Without, it's 4.4. Okay. With, it's 4.8, 4.9. Okay. 1162 03:24:14.940 --> 03:24:18.480 Community Hall: And there does seem to be a move, 1163 03:24:19.190 --> 03:24:29.760 Community Hall: towards individuals moving towards all streaming service and having no network television whatsoever. I have family members that have done this as well. 1164 03:24:30.580 --> 03:24:34.170 Community Hall: So if theyâ€¦ if they were, 1165 03:24:34.380 --> 03:24:51.719 Community Hall: to have this tax without the streaming service, they would be paying nothing at all for all of their their Internet use. Okay, so do we have a motion to 1166 03:24:52.110 --> 03:25:02.530 Community Hall: place the ballot measure related to the user utilities tax for the continuation of the 2.4% with the added streaming. 1167 03:25:12.440 --> 03:25:22.250 Community Hall: Okay, I doâ€¦ I don't know if this is still accurate, I have Vice Mayor, asâ€¦ for one, andâ€¦ 1168 03:25:22.860 --> 03:25:28.700 Community Hall: Councilmember Mohan is, too. Is your is your hand raised? I do have one more question about streaming. 1169 03:25:28.830 --> 03:25:32.679 Community Hall: We have YouTube now also has a paid version. 1170 03:25:33.030 --> 03:25:37.069 Community Hall: So that'sâ€¦ Cleaning service, too. 1171 03:25:37.180 --> 03:25:40.840 Community Hall: Is it considered a streaming service or not? 1172 03:25:43.450 --> 03:25:50.719 Community Hall: I mean, Iâ€¦ potentially. I think it's similar to the question that we were discussing around Amazon Prime. 1173 03:25:51.150 --> 03:25:52.889 Community Hall: I think we need to do a little bit. 1174 03:25:53.140 --> 03:26:09.549 Community Hall: Maybe more analysis to understand, considering Santa Barbara's done their effort and maybe to see where they've. So there has been only one city who has done this. So I'm inclined to not go into this unclear area. 1175 03:26:09.680 --> 03:26:25.160 Community Hall: And, but then I do see, so I'd like to make a motion to expand, extend the existing 2.4% without, adding any streaming service, so only telecommunication. 1176 03:26:25.620 --> 03:26:27.669 Community Hall: Electricity and gas. 1177 03:26:28.750 --> 03:26:34.800 Community Hall: If I can add just 1 point of clarity. There are other cities in California that have done this. Oh, other cities have done that. 1178 03:26:37.210 --> 03:26:47.489 Community Hall: The reason we're bringing up Santa Barbara is because they had litigation with Disney Plus, which set precedence. Oh, I see. 1179 03:26:47.990 --> 03:26:49.160 Community Hall: Oh. 1180 03:26:49.620 --> 03:26:59.530 Community Hall: Okay, good. That's my motion. Can you repeat your motion, Vice Mayor? Just extend the existing 2.4% with 1181 03:26:59.770 --> 03:27:13.030 Community Hall: existing services, telecommunication, and gas and electricity, without adding streaming. So, no change? No change. I think that's safer. No change in the rate, and no change in the additional. Yeah, I think that's safer. 1182 03:27:13.780 --> 03:27:17.720 Community Hall: How does other people think? 1183 03:27:18.990 --> 03:27:27.959 Community Hall: Okay, can I ask another question? Please do. At the 3.4%, what would be the additional revenues with? 1184 03:27:28.150 --> 03:27:29.950 Community Hall: Video services and without. 1185 03:27:31.960 --> 03:27:38.540 Community Hall: It's currently projected at $0.9 million annually by increasing it. That is width, right? Correct. 1186 03:27:39.170 --> 03:27:40.469 Community Hall: And and without. 1187 03:27:43.550 --> 03:27:54.850 Community Hall: Without it, it'll be approximately $6.3 million. Okay. And my other question was, and I discussed this with you, Jonathan, what would be the average increase 1188 03:27:54.990 --> 03:28:04.209 Community Hall: in monthly fee that an average resident of Cupertino would pay if we went from 2.4 to 3.4. 1189 03:28:04.600 --> 03:28:06.960 Community Hall: With video services. 1190 03:28:09.970 --> 03:28:13.100 Community Hall: And I think you said, about $4. 1191 03:28:13.420 --> 03:28:25.860 Community Hall: Yes, it could rangeâ€¦ Per month. Yeah, $3.50 to $4.50, for that. Again, it'sâ€¦ there's several factors that play into that, the number of, 1192 03:28:26.340 --> 03:28:35.420 Community Hall: various utilities and and and the number of streaming services that any one particular household may have. 1193 03:28:36.400 --> 03:28:42.259 Community Hall: True, and the 65 plus exemption would still be effective. 1194 03:28:44.020 --> 03:28:45.740 Community Hall: Correct. Okay, thank you. 1195 03:28:47.850 --> 03:28:51.740 Community Hall: Councilmember Wong? Oh, hey, thank you. Iâ€¦ 1196 03:28:51.930 --> 03:28:59.599 Community Hall: In general, I'm not for new taxes. I would tend to be on the fence, for supporting 1197 03:28:59.720 --> 03:29:03.909 Community Hall: Where we are existing, without adding the streaming services, 1198 03:29:04.080 --> 03:29:10.129 Community Hall: I am worried about this tax because I've talked to a number of my neighbors, and they're very concerned about affordability. 1199 03:29:10.230 --> 03:29:16.690 Community Hall: Many of them don't know about the senior exemptions, which might help in the ballot language, which could help there. 1200 03:29:16.740 --> 03:29:36.600 Community Hall: I'm hoping that we would find other taxes in transit for Waymo and other robo-taxi services in the future, but those aren't in these calculations, so I'm kind of on the fence at the moment, mostly because, you know, the initial purpose was Measure T, and that's really what a lot of the older residents and people that have been here for a long time have told us about. 1201 03:29:36.680 --> 03:29:37.970 Community Hall: So leave that up be. 1202 03:29:40.960 --> 03:29:58.110 Community Hall: Okay, personally, I believe that, the move to streaming services is going to continue with people dropping traditional cable. That is what we've been seeing, and that's the prediction of the 4.4 million, 1203 03:29:58.110 --> 03:30:13.140 Community Hall: is actually going to start dropping as people move to strictly streaming services. I know, just as I mentioned in my own family, that's what I'm seeing. They don't want to pay for cable. 1204 03:30:13.240 --> 03:30:31.479 Community Hall: At all. So, it would be my preference, and I do think theâ€¦ the statistics that we have from the polling show that the 2.4% with the added streaming, is likely to pass. And so, I would moveâ€¦ I'mâ€¦ 1205 03:30:31.480 --> 03:30:38.930 Community Hall: moving that we do the 2.4% continuation and have added streaming. Do I have a second? 1206 03:30:40.000 --> 03:30:41.869 Community Hall: I'll second that. 1207 03:30:42.780 --> 03:30:43.620 Community Hall: Okay. 1208 03:30:44.710 --> 03:30:45.650 Community Hall: No. 1209 03:30:47.750 --> 03:30:56.609 Community Hall: May I ask one question until ended by voters, or a set period of time. You had the 16 years correct. 1210 03:30:57.740 --> 03:31:13.870 Community Hall: There was 2 questions. The 1st one that the the higher polling results was until ended by voters, and I believe that was at 66% decreased to 60, I believe, with 16 years. 1211 03:31:14.280 --> 03:31:23.999 Community Hall: Okay, so, until ended by voters is theâ€¦ considered more successful, so, if my seconder will accept that amendment? 1212 03:31:25.180 --> 03:31:26.540 Community Hall: Oh, yes. 1213 03:31:27.180 --> 03:31:27.850 Community Hall: Okay. 1214 03:31:28.380 --> 03:31:30.819 Community Hall: I do have a question. 1215 03:31:31.010 --> 03:31:40.970 Community Hall: Oh, if anyone else hasâ€¦ You actually have your first in line here in the queue, and then followed by Councilmember Mohan and Councilmember Freund. 1216 03:31:41.480 --> 03:31:49.990 Community Hall: Okay, so do we know how much of the current, revenue is from cable service. 1217 03:31:52.650 --> 03:31:56.909 Community Hall: Actually, no revenue at this time is from cable service. 1218 03:31:57.140 --> 03:32:06.390 Community Hall: Oh. So at this time. Your telecommunication is from phone. Our telephone, both hardline and wireless. 1219 03:32:07.140 --> 03:32:09.190 Community Hall: Electricity and gas. 1220 03:32:09.570 --> 03:32:16.780 Community Hall: Okay, so streaming would also, like, include the satellite subscription also, right? 1221 03:32:17.450 --> 03:32:21.300 Community Hall: I thinkâ€¦ Can you say that one more time? Sub-satellite subscription service. 1222 03:32:21.570 --> 03:32:27.850 Community Hall: Some people get it from a satellite disk. I am unsureâ€¦ a subscription as far as cable? 1223 03:32:28.380 --> 03:32:41.259 Community Hall: I think if you had a satellite for streaming for, for video, like Dish TV, I believe. Yeah, Dish TV. I would consider that as a, cable. 1224 03:32:41.780 --> 03:32:46.789 Community Hall: So if we add streaming, then that does not include cable? 1225 03:32:46.990 --> 03:32:51.180 Community Hall: So people who are using cable will not pay. 1226 03:32:51.490 --> 03:32:55.270 Community Hall: That is correct. Anything now or later. 1227 03:32:55.400 --> 03:33:10.540 Community Hall: Now nor later. No, nor later. Right. They would not. As the mayor had said earlier, the statistics or the data has showed that people are moving away from cable. 1228 03:33:10.650 --> 03:33:21.680 Community Hall: so that you would see a decrease if we were to include that in this in this ballot over time that would decrease with it being replaced with streaming. 1229 03:33:22.340 --> 03:33:30.160 Community Hall: I guess I what convinced me to second this motion was, I thought, mayor's argument that 1230 03:33:30.230 --> 03:33:43.630 Community Hall: cable is part of the current revenue, which might start to decline, and therefore it makes sense to include streaming. But if cable is not included now. 1231 03:33:44.860 --> 03:33:46.150 Community Hall: Then. 1232 03:33:46.600 --> 03:33:51.990 Community Hall: There are currently 4 utilities that are not included. Cable, water, sewer. 1233 03:33:52.420 --> 03:33:53.580 Community Hall: And garbage. 1234 03:33:57.040 --> 03:34:04.330 Anita Luck, Item #12: Jonathan, this is Anita. We were going to include cable in the ordinance as well because of the internet. 1235 03:34:04.330 --> 03:34:05.470 Community Hall: Andâ€¦ 1236 03:34:06.080 --> 03:34:06.780 Anita Luck, Item #12: Yes. 1237 03:34:08.430 --> 03:34:09.830 Community Hall: Then. 1238 03:34:10.560 --> 03:34:11.979 Anita Luck, Item #12: The Internet Freedom Act. 1239 03:34:12.170 --> 03:34:13.740 Community Hall: Pardon. 1240 03:34:13.900 --> 03:34:18.700 Community Hall: I just want to clarify. Do we receive cable franchise fees in Cupertino? 1241 03:34:19.720 --> 03:34:23.180 Community Hall: Franchise fees are different than user utility tax. 1242 03:34:23.370 --> 03:34:29.739 Community Hall: Correct. But are we receiving the franchise fees based on cable? Weâ€¦ we are. Okay. 1243 03:34:29.930 --> 03:34:44.760 Community Hall: So it was not mentioned that cableâ€¦ so we talked about streaming services, that they would be taxed, but it wasn't mentioned this other part about, cable. So could that be clarified, please? 1244 03:34:45.410 --> 03:34:47.600 Community Hall: Anita, can you go ahead and clarify that? 1245 03:34:47.600 --> 03:34:48.270 Anita Luck, Item #12: Sure, Iâ€¦ 1246 03:34:48.270 --> 03:34:49.100 Community Hall: information I have. 1247 03:34:49.100 --> 03:34:55.520 Anita Luck, Item #12: Yeah, no problem. The reason we decided to include cable is because the Internet Freedom Act 1248 03:34:55.600 --> 03:35:02.260 Anita Luck, Item #12: Sorry, it's been a while since I read it, but it prohibits discrimination. 1249 03:35:02.300 --> 03:35:09.630 Anita Luck, Item #12: in the different services, the different services of the internet. And so if the city started to 1250 03:35:09.630 --> 03:35:32.380 Anita Luck, Item #12: And that was a big question in the Santa Barbara case as well. And so that if the city started to tax video services but not tax cable, then there would be a big argument that why are you taxing video services and not taxing cable when they're providing the same type of service? So if you are going to tax video services, you would 1251 03:35:32.380 --> 03:35:39.010 Anita Luck, Item #12: also be, you know, I would recommend that you also tax cable, or you're likely to get attacked in that way. 1252 03:35:39.010 --> 03:35:42.630 Community Hall: Thank you. So I'm going to withdraw my motion. 1253 03:35:42.950 --> 03:35:49.999 Community Hall: And so we did have a motion for the 2.4% without 1254 03:35:50.160 --> 03:35:58.310 Community Hall: without any adding it streaming or a cable. And would someone remind me who made that original motion? 1255 03:35:58.910 --> 03:36:03.550 Community Hall: Vice Mayor. Vice Mayor. Okay? And had you been seconded. 1256 03:36:04.490 --> 03:36:08.060 Community Hall: No, there had not been. Okay, more seconds. 1257 03:36:08.640 --> 03:36:26.810 Community Hall: Okay? And Vice Mayor, you're still listed number one to speak next. So just I want to clarify. So for Santa Barbara, they did include the cable in there as well as other streaming services. 1258 03:36:27.810 --> 03:36:30.089 Community Hall: In their, ability? 1259 03:36:30.780 --> 03:36:31.390 Anita Luck, Item #12: Sanibel. 1260 03:36:31.390 --> 03:36:34.160 Community Hall: And therefore they won the lawsuit, right? 1261 03:36:35.650 --> 03:36:42.780 Anita Luck, Item #12: Yes, Santa Barbara won the lawsuit on the language they included, and they did include cable. 1262 03:36:42.940 --> 03:36:48.669 Anita Luck, Item #12: And they didn't really have, they had kind of an futuristic services. 1263 03:36:48.690 --> 03:36:55.370 Anita Luck, Item #12: similar to streaming services, because I think it was sort of before streaming services, and I can't remember the exact language. 1264 03:36:55.370 --> 03:37:11.829 Anita Luck, Item #12: But, and they won the, they won the argument, yes. And that's why we're following exactly the language that they used in Santa Barbara, and maybe even improving on it a little bit, so that we make sure that we're in compliance with what the current 1265 03:37:11.830 --> 03:37:16.640 Anita Luck, Item #12: state of the law is. Their argument on the Internet Freedom Act was. 1266 03:37:16.640 --> 03:37:30.310 Anita Luck, Item #12: on something else, and I cannot remember it at this particular moment, but, it was a significant argument, so, 1267 03:37:30.420 --> 03:37:37.670 Anita Luck, Item #12: So I can get back to you with it, but I just cannot remember the exact reason for the argument at this time. I apologize. 1268 03:37:38.110 --> 03:37:43.429 Community Hall: Okay, thank you. Councilmember Mohan, followed by Councilmember Freeland and Councilmember W 1269 03:37:43.920 --> 03:37:48.830 Community Hall: Okay, I just wanted to go back to the motion. Has that changed? 1270 03:37:49.160 --> 03:37:49.930 Community Hall: Oh. 1271 03:37:50.860 --> 03:38:10.510 Community Hall: Yes, so I withdrew the motion to have the 2.4% with the added streamlining, a streaming service, which also included cable, because we do have individuals with both cable and streaming services. So all of that's going to get taxed now. 1272 03:38:10.510 --> 03:38:18.060 Community Hall: And so, now that that's been clarified, the new motion is just the 2.4% without added streaming. 1273 03:38:18.230 --> 03:38:21.770 Community Hall: So that's the current, that's the status. Correct. 1274 03:38:22.070 --> 03:38:25.439 Community Hall: And that goes until it's rescinded by the voters? 1275 03:38:26.920 --> 03:38:27.920 Community Hall: Thank you. 1276 03:38:28.200 --> 03:38:37.149 Community Hall: So, I just wanted to make a comment, and I know I probably won't get too much traction on this, but if we go with the 3.4%, 1277 03:38:37.350 --> 03:38:40.630 Community Hall: And this would be a 1% increase. 1278 03:38:40.740 --> 03:38:48.919 Community Hall: After, what, 35, 40 years. 1990 was when this started. We've never increased the rate. 1279 03:38:49.040 --> 03:38:50.140 Community Hall: And. 1280 03:38:50.570 --> 03:39:03.780 Community Hall: I mean, I don't like to pay taxes, and I know that no one else does either, but let's look at it realistically. We go to Starbucks, and the prices go up every other week by 50 cents or $1, and we don't 1281 03:39:03.830 --> 03:39:23.540 Community Hall: quibble, or we don't even know that these things are happening. And to ask for a 1% increase after 40 years, which will increase the average cost by $4, I think is not unreasonable. And I know what the polls are saying, and I'm not 1282 03:39:23.650 --> 03:39:24.940 Community Hall: Looking at that. 1283 03:39:25.110 --> 03:39:32.540 Community Hall: But, I don't think a 3.4% rate. 1284 03:39:32.790 --> 03:39:39.780 Community Hall: is unreasonable, considering we've never increased it in 40 years. 1285 03:39:40.640 --> 03:39:44.590 Community Hall: And, every other cost has gone up. 1286 03:39:44.690 --> 03:39:47.270 Community Hall: And we have a structural deficit. 1287 03:39:47.390 --> 03:39:51.719 Community Hall: that we're looking at in the future. 1288 03:39:53.230 --> 03:39:59.720 Community Hall: Soâ€¦ I'm making a pitch for the 3.4, rate. 1289 03:40:00.320 --> 03:40:03.800 Community Hall: With the streaming services. 1290 03:40:04.220 --> 03:40:11.970 Community Hall: And, and keeping in mind that other cities, most of the other cities that the survey looked at had higher rates as well. 1291 03:40:12.810 --> 03:40:16.470 Community Hall: Councilman, is that a substitute motion? 1292 03:40:16.620 --> 03:40:19.589 Community Hall: Okay, that's a substitute notion. 1293 03:40:28.380 --> 03:40:31.719 Community Hall: Not hearing a second on that one. 1294 03:40:32.850 --> 03:40:42.910 Community Hall: Councilmember Freeman See, I want to thank Mr. Godby for hisâ€¦ Self-deprecation earlier with respect to 1295 03:40:43.020 --> 03:40:46.549 Community Hall: You know, if this particular measure fails. 1296 03:40:47.300 --> 03:40:53.950 Community Hall: Then what happens in 2028 when we put it back on the ballot, because we need the money? 1297 03:40:54.380 --> 03:40:59.760 Community Hall: And noting that maybe his track record won't be quite as good at that point. 1298 03:40:59.900 --> 03:41:04.850 Community Hall: I do think that we are into a uniquely toxic 1299 03:41:05.040 --> 03:41:10.389 Community Hall: Tax environment and the coming election, I didn't expect us to be quite where we are right now. 1300 03:41:10.520 --> 03:41:23.149 Community Hall: But there have been a lot of things that have happened in the course of the last several months that I think have people especially price-conscious. So this isâ€¦ this is a really tough one. I don't want us to have toâ€¦ 1301 03:41:23.990 --> 03:41:26.019 Community Hall: Try to roll the dice on this twice. 1302 03:41:26.130 --> 03:41:31.309 Community Hall: And I think we have to roll the dice on it at the right time, and I'm not sure if that's this year. 1303 03:41:31.930 --> 03:41:34.460 Community Hall: So, I'm very much on the fence. 1304 03:41:39.290 --> 03:41:40.610 Community Hall: Councilmember Wong. 1305 03:41:41.120 --> 03:41:54.509 Community Hall: I, I just wanted to say, I was gonna point out the Internet Tax Freedom Act, was preemption, federal law preemption, so I'm glad that we covered that. And also, the language, is important. We figure out if it's until voters decides they're 16, that's something we 1306 03:41:54.510 --> 03:42:02.919 Community Hall: or whatever that year number should be. I do want to rebut some of, Council Member, Moen's comments, only because, 1307 03:42:03.210 --> 03:42:14.430 Community Hall: She's proven death and taxes never go away. Those are certain things. We never increased the rate because Blackberry Farms was paid for. I mean, the point was to end this when Blackberry Farms was paid for. 1308 03:42:14.600 --> 03:42:23.719 Community Hall: And when Starbucks goes up, you have the choice not to pay for it. When the city raises your taxes, you have no choice to opt out. So, that'sâ€¦ it's an important point here. 1309 03:42:23.840 --> 03:42:28.679 Community Hall: So when you add new taxes, you need to understand the ramifications of those taxes. Thanks. 1310 03:42:30.430 --> 03:42:32.740 Community Hall: Can I make a quick comment? 1311 03:42:32.900 --> 03:42:39.879 Community Hall: It's not very serious, but when Starbucks increases its rates, I don't even know that it has. Wow, I'm not that rich. 1312 03:42:40.200 --> 03:42:47.620 Community Hall: Put a lot of mic, you're good. Okay, Vice Mayor. 1313 03:42:49.460 --> 03:42:51.210 Community Hall: So I. 1314 03:42:51.960 --> 03:43:03.219 Community Hall: I think the Sunnyvale Uut is 5%, and Mountain View is 5%. Yeah, there are other cities who might not have Uut. 1315 03:43:03.620 --> 03:43:15.599 Community Hall: And, the need, does change, but it'sâ€¦ it was a general tax, and this is going to be general tax, so it's not a special tax. 1316 03:43:16.230 --> 03:43:24.140 Community Hall: to start with, and also, but then I do not support increasing, because this is 1317 03:43:24.620 --> 03:43:35.280 Community Hall: a percentage of the utility cost. That cost has increased over the past few years, and that probably is going to 1318 03:43:35.420 --> 03:43:43.969 Community Hall: continue to increase, so I don't think we should increase the percentage on that, and I think it's safer to 1319 03:43:44.160 --> 03:43:45.340 Community Hall: Maintain that. 1320 03:43:45.790 --> 03:43:54.590 Community Hall: And I don't want to us to wait until 2028. It feels pretty. 1321 03:43:54.660 --> 03:44:06.739 Community Hall: dangerous at the time. We would not have certainty whether we would continue to have this $4.9 millionâ€¦ $4.4 million. 1322 03:44:06.950 --> 03:44:10.149 Community Hall: After 2030, so. 1323 03:44:10.320 --> 03:44:12.979 Community Hall: I think we need that certainty now. 1324 03:44:13.320 --> 03:44:14.470 Community Hall: Oh. 1325 03:44:15.470 --> 03:44:16.490 Community Hall: Because. 1326 03:44:17.060 --> 03:44:27.110 Community Hall: Otherwise, it will mean weâ€¦ our general fund revenue will be 2.2 4 million dollar short. 1327 03:44:27.680 --> 03:44:44.409 Community Hall: than the current, that means we have to cut services. I think we have already cut a lot. Ever since the CTFA outage, we have reduced the hours at, the Quinlan Senior Center. We have removed theâ€¦ 1328 03:44:45.370 --> 03:44:49.300 Community Hall: a lot of services already, Iâ€¦ And. 1329 03:44:49.970 --> 03:44:56.649 Community Hall: Yeah, even though I think we, at this point, the city does need this revenue. 1330 03:44:57.280 --> 03:44:58.000 Community Hall: Yum. 1331 03:45:02.520 --> 03:45:19.519 Community Hall: Vice Mayor, I agree with you on that. I just want to make sure that as the seconder that it's clarified that we're having this until it is rescinded by the voters. Yeah, until the voter decides to end. And I have to say that 1332 03:45:19.740 --> 03:45:32.999 Community Hall: I was against of the county sales tax major. I usually I'm usually I usually am very conservative when it comes to texting. I tend to oppose 1333 03:45:33.210 --> 03:45:44.110 Community Hall: that oppose them. But then, considering I'm on the Cupertino City Council, and then, as for the city of Cupertino. 1334 03:45:44.600 --> 03:46:01.820 Community Hall: we are extending the existing tabs, not adding anything, which is why I would prefer not to consider streaming, which is removed, so the current motion is just extending the existing one, noâ€¦ no streaming. 1335 03:46:01.980 --> 03:46:03.160 Community Hall: On. 1336 03:46:04.180 --> 03:46:07.069 Community Hall: I think that's a conservative. 1337 03:46:07.770 --> 03:46:20.649 Community Hall: Yeah. And so that we can continue to provide the excellent service that we are providing to our residents and our city staff. 1338 03:46:21.850 --> 03:46:36.609 Community Hall: May I add something that the mayor did bring up earlier relating to franchise fees as cable decreases over time, and we've seen it in our specifically for Comcast cable that has decreased over time. 1339 03:46:36.720 --> 03:46:44.829 Community Hall: Historically, we were somewhere around $300,000 to $400,000 in that revenue. In just the last year, we've seen that decrease to $200,000. 1340 03:46:45.110 --> 03:46:57.089 Community Hall: So that will decrease over time as cable is becoming outdated to be placed with streaming services. Thank you. My concern is that, 1341 03:46:57.090 --> 03:47:02.950 Community Hall: For some reason, for individuals to hear that their cable, 1342 03:47:02.950 --> 03:47:25.730 Community Hall: cost is going to go up. That's a real sticking point. I'm not really sure why it's something that's so sensitive, but I believe it is. And then when you add in the various streaming services on top of that, I think that it isn't going to be popular. And I think that 1343 03:47:26.040 --> 03:47:32.659 Community Hall: Putting the two together, my understanding before was, well, we're just going to get the streaming service individuals 1344 03:47:32.660 --> 03:47:47.589 Community Hall: who are jumping away from cable, and that we were actually, already taxing, the UUT was already hitting the cable part. Now hearing that that is not the case, that'sâ€¦ that's why I think that, it's just not gonna sell well. 1345 03:47:47.590 --> 03:47:56.630 Community Hall: from the from arguments against it. I think that they're they're they're going to be pretty strong. So I see Councilmember Mohan, then Councilmember Wong. 1346 03:47:56.940 --> 03:48:03.409 Community Hall: and we have any further requests to speak before we go to vote. Please. 1347 03:48:03.530 --> 03:48:06.440 Community Hall: Put yourself in the queue. Councilmember Mohan. 1348 03:48:07.240 --> 03:48:14.339 Community Hall: Yeah, just a quick question. Are you seeing the revenues from electricity and gas go down as well? 1349 03:48:14.870 --> 03:48:20.529 Community Hall: People use less gas, and people have solar panels. 1350 03:48:20.780 --> 03:48:27.949 Community Hall: So we have, looking into the future, those are revenues that we cannot count on to 1351 03:48:28.400 --> 03:48:30.699 Community Hall: Sustain us at the same level. 1352 03:48:32.020 --> 03:48:33.509 Community Hall: Does that make sense? 1353 03:48:33.670 --> 03:48:39.879 Community Hall: It does. Unfortunately, we don't have those data points at this time to make that assessment. 1354 03:48:41.160 --> 03:48:51.400 Community Hall: Okay, so my point is, Mayor, if we stay with the 2.4 without theâ€¦ Streaming services. 1355 03:48:51.630 --> 03:48:56.549 Community Hall: We are going to see a reduction in revenues as the years. 1356 03:48:57.070 --> 03:48:59.170 Community Hall: into the future. 1357 03:49:01.630 --> 03:49:05.410 Community Hall: And so we will not be able to even, I think, expect the level of 1358 03:49:05.880 --> 03:49:08.270 Community Hall: The revenue that we're getting now. 1359 03:49:09.090 --> 03:49:13.059 Community Hall: Because of these changes in habits and laws and so on. 1360 03:49:17.410 --> 03:49:18.759 Community Hall: Councilmember Wong. 1361 03:49:19.560 --> 03:49:31.219 Community Hall: I think the way to frame this to the voters is really, are you okay with a $5 million reduction in services instead of being taxed additionally for a utility tax? I think they need to know that. 1362 03:49:31.480 --> 03:49:39.839 Community Hall: And I want to go back to our pollster, Brian Gavi, and ask this question. In an election cycle, when you propose one of these taxes. 1363 03:49:40.070 --> 03:49:49.399 Community Hall: Does the voter ever equate the loss of tax revenue with the loss of services? Is there a correlation there that you're comfortable with? 1364 03:49:51.320 --> 03:49:54.330 Bryan Godbe, Item #12: Complicated answer. 1365 03:49:54.580 --> 03:49:58.100 Bryan Godbe, Item #12: The focus of most of these measures isn't about 1366 03:49:58.200 --> 03:50:01.360 Bryan Godbe, Item #12: What we're gonna lose, it's about what we're gonna keep. 1367 03:50:01.560 --> 03:50:07.959 Bryan Godbe, Item #12: Now obviously that's, you know, glass is half full, glass is half empty, and some 1368 03:50:08.420 --> 03:50:21.360 Bryan Godbe, Item #12: Some voters prefer the positive side, and some do prefer the negative side, but generally, the ballot questions are written so that it is not, this is what we're going to prevent the loss from. 1369 03:50:21.870 --> 03:50:31.489 Bryan Godbe, Item #12: And Anita can comment on this more. It's we're going to spend the money on these things, A, B, C, and D, as opposed to the opposite, the negative side. 1370 03:50:33.010 --> 03:50:34.139 Bryan Godbe, Item #12: No one would everâ€¦ 1371 03:50:34.420 --> 03:50:39.139 Community Hall: No one ever say, hey, if you don't support this ballot measure, this is what you're gonna lose. 1372 03:50:39.430 --> 03:50:52.580 Bryan Godbe, Item #12: Well, you might wind up in that way in the messaging in a campaign, but that's different from the ballot question. The ballot question has to say what you're gonna do with it, not what you're gonna prevent from happening. 1373 03:50:52.860 --> 03:50:53.999 Community Hall: Understood. Thank you. 1374 03:50:54.000 --> 03:50:57.880 Bryan Godbe, Item #12: But I would defer to Anita on that. She's the attorney, not me. 1375 03:50:58.330 --> 03:51:17.860 Anita Luck, Item #12: Yeah, and the ballot measure generally needs to have certain information in it and be essentially neutral. I mean, if there is a big difference about whether you want to extend the tax and have the video tax, you could have it as two ballot questions as the worst, you know, at the worst comes the worst. You could say, do you want to extend the utility tax on 1376 03:51:17.860 --> 03:51:25.519 Anita Luck, Item #12: this, this, and this, forâ€¦ and then have a second ballot question after that. I mean, it's a lot of ballot questions, butâ€¦ 1377 03:51:28.800 --> 03:51:29.390 Community Hall: Mmm. 1378 03:51:32.510 --> 03:51:33.590 Anita Luck, Item #12: Hope that answers. 1379 03:51:33.950 --> 03:51:45.910 Community Hall: Thank you. Seeing no further requests to speak, Madam City Clerk, will you please set the vote panel and we will vote on the UUT ballot measure question. 1380 03:51:48.580 --> 03:52:03.199 Community Hall: And if you could repeat that again, Mayor. Okay. It is the simple 2.4% continuation of the current percent UUT and until it is rescinded by the voters. 1381 03:52:05.980 --> 03:52:07.640 Community Hall: So so no change. 1382 03:52:08.520 --> 03:52:09.380 Community Hall: Correct. 1383 03:52:12.190 --> 03:52:13.150 Community Hall: problem. 1384 03:52:13.670 --> 03:52:27.030 Community Hall: Is the voting panel ready? It's ready. Just to clarify. So there is a change, though, because the previous one has a time limit. So this one will be until voters decides to rescind it. 1385 03:52:27.840 --> 03:52:30.129 Community Hall: Yeah, so. Okay. 1386 03:52:30.810 --> 03:52:33.359 Community Hall: Ready. Okay, it's ready for you. 1387 03:52:37.590 --> 03:52:38.280 Community Hall: Mmm. 1388 03:52:45.830 --> 03:52:50.619 Community Hall: The motion fails with Moore and Chow voting yes. 1389 03:52:54.070 --> 03:52:57.429 Community Hall: So, at that point, there's noâ€¦ 1390 03:52:57.990 --> 03:53:01.090 Community Hall: I would make a proposal with aâ€¦ with an end date. 1391 03:53:01.350 --> 03:53:05.879 Community Hall: I would support this with an end date, because I don't like forever taxes. 1392 03:53:06.120 --> 03:53:12.049 Community Hall: So I'm happy to support, if of the same motion, with a 10-year date, not a 15-year date. 1393 03:53:12.150 --> 03:53:14.640 Community Hall: If anybody would be willing to accept that. 1394 03:53:16.670 --> 03:53:20.089 Community Hall: So that's your motion. Moore. Second. 1395 03:53:21.800 --> 03:53:22.790 Community Hall: Hmm. 1396 03:53:23.590 --> 03:53:24.680 Community Hall: So. 1397 03:53:25.180 --> 03:53:27.040 Community Hall: Mayor. Yes. 1398 03:53:27.730 --> 03:53:33.850 Community Hall: So the survey question was 16 years that gets 61%. 1399 03:53:34.910 --> 03:53:41.790 Community Hall: So the original one was 1990, so that wasâ€¦ 40 years, right? 1400 03:53:42.720 --> 03:53:53.690 Community Hall: And now, 10 years, that meansâ€¦ There was, there was one in between. â€¦have to revisit. There was one in between, right? There was a measure M. There's measure T and the measure M. The original was 20 years? 1401 03:53:56.010 --> 03:54:08.470 Community Hall: Pardon, so you had, originally you had the 1990, Measure T was voted on, and then in 2002, it was voted on again, and now we'reâ€¦ 1402 03:54:08.470 --> 03:54:32.160 Community Hall: they to extend it the 2.4% which it's the financing and all kind of gets interesting about what the city was doing. And then we're looking at it once again. So I would be willing to accept the 10 years because of the uncertainty that Councilmember Mohan has has brought up. And then also, as we watch the 1403 03:54:32.160 --> 03:54:40.430 Community Hall: the situation changing with streaming and cable. It may be that ourâ€¦ the surrounding cities and all ourâ€¦ ourâ€¦ 1404 03:54:40.840 --> 03:54:57.059 Community Hall: showing that that is, it is a viable option, and that we want to go with that. And that's why I would accept the short 10 years as opposed to the 15, because we might want to both increase it. Look at cable, look at streaming and 1405 03:54:57.580 --> 03:55:10.839 Community Hall: and move on from there. Thank you for making my arguments. One question I think I have for Anita, just to make sure we're understanding the measure clearly. Anita, if we move forward with a measure that's 1406 03:55:11.050 --> 03:55:25.570 Community Hall: for 10 years as proposed. Would that be 10 years from today? Or, for example, whenever it passes, or whenever it's allowed to go into effect? Or is that 10 years on top of when the current EAT expires? 2030. Oh. 1407 03:55:25.700 --> 03:55:26.620 Community Hall: Butâ€¦ 1408 03:55:27.110 --> 03:55:27.599 Anita Luck, Item #12: So Iâ€¦ 1409 03:55:27.600 --> 03:55:28.250 Community Hall: I'd like. 1410 03:55:28.250 --> 03:55:28.650 Anita Luck, Item #12: Okay. 1411 03:55:28.650 --> 03:55:30.110 Community Hall: Go ahead. 1412 03:55:30.800 --> 03:55:34.249 Anita Luck, Item #12: Yes, whatever, whichever you desire, it can be so. 1413 03:55:34.250 --> 03:55:39.740 Community Hall: I'd like to amend that to when it expires, if you're okay with that Okay. 1414 03:55:40.890 --> 03:55:44.460 Community Hall: I don't see any other further requests to speak. 1415 03:55:44.870 --> 03:55:50.110 Community Hall: So we're we're trying again. Madam City Clerk, will you please set the vote panel, and we will 1416 03:55:50.640 --> 03:55:51.640 Community Hall: vote again. 1417 03:56:06.460 --> 03:56:09.550 Community Hall: The motion carries with Ferwin and Mohan voting. No. 1418 03:56:10.190 --> 03:56:30.120 Community Hall: Okay, and with that we have completed. Item 2. Yes, sorry. We have a 3rd part to do. Thank you for mentioning it. No, no, it's perfect. We need to do this. We need to now designate council members to draft the primary argument and rebuttal argument for the Uut ballot measure. 1419 03:56:30.500 --> 03:56:33.670 Community Hall: Do we have a motion? 1420 03:56:35.090 --> 03:56:36.499 Community Hall: at this time. 1421 03:56:40.820 --> 03:56:48.820 Community Hall: Okay, so I'm going to move that it is myself and Councilmember Wong? 1422 03:56:49.590 --> 03:56:54.239 Community Hall: to draft the primary argument and rebuttal argument for this item. Do I have a second? 1423 03:56:56.250 --> 03:57:00.010 Community Hall: I'll second it. I'll second it. 1424 03:57:00.710 --> 03:57:04.910 Community Hall: Thank you. I don't see any requests to speak on this item. 1425 03:57:10.530 --> 03:57:13.120 Community Hall: I do, okay, Councilmember Froon? 1426 03:57:13.510 --> 03:57:22.489 Community Hall: I'll just take to thank everybody for working through this one and say, now that we've decided to put it on the ballot, I hope we'll at least all support it, because it does need to pass. 1427 03:57:22.850 --> 03:57:25.170 Community Hall: Great. Thank you for that. 1428 03:57:26.030 --> 03:57:30.580 Community Hall: Madam City Clerk, will you please set the voting panel, and we will vote. 1429 03:57:32.200 --> 03:57:37.929 Community Hall: Oh, this is for your council members to write on this one correct. 1430 03:57:43.210 --> 03:57:49.900 Community Hall: The motion carries unanimously. All right, thank you. That completes Item 12. Thank you to, 1431 03:57:50.080 --> 03:57:52.639 Community Hall: Thank you to Greg and Jonathan. 1432 03:57:53.020 --> 03:58:08.279 Community Hall: and Mr. Godby for helping us work through this and our assistant from Alshire Winder. Anita. Thank you. Okay, so we're going to take a 5 min break now and come back and work on. Item 13. Thank you. 1433 04:05:39.100 --> 04:05:58.689 Community Hall: There we go. Next, we move on to item 13, consider approval of the response to the 2026 Civil Grand Jury of Santa Clara County report entitled "Convenience vs. Brown Act Risks in Cupertino's Meeting Practices." Madam City Manager, do we have a presentation? 1434 04:05:59.810 --> 04:06:03.459 Community Hall: We do have a presentation this evening. 1435 04:06:03.630 --> 04:06:07.340 Community Hall: My screen should be sharing at this point. 1436 04:06:08.410 --> 04:06:09.880 Community Hall: Very good. Yes. 1437 04:06:10.310 --> 04:06:18.780 Community Hall: Okay, so, as you all know, on May 4th of this year, the civil grand jury released the report that you just, 1438 04:06:18.880 --> 04:06:32.200 Community Hall: said the title of, and tonight we'll discuss the draft response prepared by the City Attorney, myself. This is meant to be a starting point for the Council's consideration. The final response will be at the discretion of the Council. 1439 04:06:33.160 --> 04:06:37.899 Community Hall: The response is due 90 days after May 4th, so that's early August. 1440 04:06:38.110 --> 04:06:57.230 Community Hall: If Council is able to approve, a final response this evening, then staff should be able to get that out and off to the civil grand jury later this week. If Council needs another meeting to continue the discussion, that's, time is currently set aside for July 21. 1441 04:06:57.300 --> 04:07:04.740 Community Hall: And we will need to, finalize on July 21 to meet the, early August due date. 1442 04:07:11.110 --> 04:07:13.380 Community Hall: The response requiresâ€¦ 1443 04:07:13.600 --> 04:07:28.719 Community Hall: Well, the Penal Code, Section 933B and 933.5 require that the city responds to the civil grand jury's findings and recommendations. Those are included on pages 14 and 15 of the report. 1444 04:07:28.780 --> 04:07:37.419 Community Hall: The earlier pages in the grand jury's report includes analysis of the city's teleconferencing rules and state law regarding the same. 1445 04:07:37.490 --> 04:07:53.770 Community Hall: Although the City Attorney's Office takes issue with certain statements and interpretations, in the report, our response here is only to the findings and recommendations, and so, in this, report, we won't be, responding to those, other items. 1446 04:07:56.750 --> 04:08:03.010 Community Hall: There are currently, there are 4 findings and 6 recommendations. 1447 04:08:05.630 --> 04:08:15.440 Community Hall: Just as an overview, the city's already implemented certain of the corrective actions that the civil grand jury identified. The city, 1448 04:08:15.540 --> 04:08:33.020 Community Hall: disagrees. I should say that the draft response indicates that the City disagrees with several factual characterizations in the report, and the draft response indicates that the City nevertheless intends to strengthen its written procedures to promote continued compliance with the Brown Act. 1449 04:08:36.390 --> 04:08:40.439 Community Hall: And so now we'll go quickly through the findings and recommendations. 1450 04:08:42.260 --> 04:08:54.259 Community Hall: Specifically, the first finding pertains to the city's practice of ending a meeting when a teleconference location disconnects and how that creates problems. 1451 04:08:54.440 --> 04:09:02.409 Community Hall: The city's suggested response is that the city updated this process already in January 2026. 1452 04:09:02.620 --> 04:09:07.900 Community Hall: to address that issue, and that was before the grand jury's report. 1453 04:09:08.830 --> 04:09:11.560 Community Hall: Recommendation 1 a. 1454 04:09:11.850 --> 04:09:17.409 Community Hall: Indicates that the city should not end a meeting when a teleconference location disconnects. 1455 04:09:17.910 --> 04:09:22.369 Community Hall: The suggested response is that the city has already implemented the change. 1456 04:09:23.510 --> 04:09:25.170 Community Hall: Recommendation B. 1457 04:09:25.370 --> 04:09:39.880 Community Hall: deals with teleconferencing, that it is optional, so the city should consider whether it is consistent with its responsibilities to its constituents to offer teleconferencing. The city's 1458 04:09:40.240 --> 04:09:49.160 Community Hall: the suggested response is that the city's objective has been to facilitate public and council participation. 1459 04:09:49.260 --> 04:09:52.030 Community Hall: although the city will consider the recommendation. 1460 04:09:53.710 --> 04:09:55.820 Community Hall: Recommendation 1C. 1461 04:09:55.960 --> 04:10:02.740 Community Hall: Is that the city should ensure that access from a teleconference location is maintained for the meeting's duration. 1462 04:10:03.060 --> 04:10:19.069 Community Hall: And the suggested response is that the city cannot guarantee that disruptions will not occur at a remote location. I mean, the city isn't present to be able to do so, but that the city will update its council procedures manual to address this recommendation. 1463 04:10:23.150 --> 04:10:32.790 Community Hall: Finding two pertains to, the city's, indicates that the city's current practices do not promote accountability with the Brown Act. 1464 04:10:33.060 --> 04:10:41.439 Community Hall: And the suggested response is that the city is not aware of any judicial determination that would indicate that its practices violate the Brown Act. 1465 04:10:42.230 --> 04:10:56.919 Community Hall: And recommendation two, which is a subset of finding two, is that the city should adopt formal teleconferencing Brown Act procedures to ensure compliance with the Brown Act. And the suggested response is that the city will adopt such procedures. 1466 04:10:58.960 --> 04:11:15.249 Community Hall: Finding number 3 is that the city's practice of permitting teleconference locations that are not accessible is inconsistent with the purpose of the Brown Act, and the city's suggested response to this finding is that the city does not believe this reflects the city's current practice. 1467 04:11:15.960 --> 04:11:30.139 Community Hall: Recommendation 3 subset of that finding is that the city should provide written guidance regarding appropriate teleconferencing locations. and the suggested response is that the city will adopt more formal procedures. 1468 04:11:31.860 --> 04:11:35.009 Community Hall: And finally, finding 4, 1469 04:11:35.210 --> 04:11:49.779 Community Hall: indicates that the city's practice of terminating a council meeting when a council member disconnects prioritizes council member convenience over public participation, and the suggested response is that the practice is designed to protect public participation. 1470 04:11:50.930 --> 04:12:06.210 Community Hall: and the recommendation number 4 supporting that finding is that the city should amend the Council procedures manual to provide written guidance regarding quorum requirements, and that teleconferencing is discretionary. 1471 04:12:06.640 --> 04:12:14.100 Community Hall: And the suggested response is that the city disagrees with the characterization, but will adopt more formal procedures. 1472 04:12:17.650 --> 04:12:26.859 Community Hall: And so that gets us to, in the responses, what, future actions the city is committing to take. 1473 04:12:27.690 --> 04:12:34.719 Community Hall: And those actions Need to be completed by December 15, 2026. 1474 04:12:34.900 --> 04:12:46.820 Community Hall: And so the city is indicating that it will, if the suggested responses are acceptable to the council, it will consider whether it should continue allowing remote participation. 1475 04:12:47.770 --> 04:12:54.989 Community Hall: It will update its Council Procedures Manual to require that teleconference locations are maintained for the meeting's duration. 1476 04:12:55.640 --> 04:13:02.939 Community Hall: It will update its Council Procedures Manual to include formal teleconference procedures to ensure compliance with the Brown Act. 1477 04:13:03.370 --> 04:13:08.230 Community Hall: And it will adopt written guidance regarding appropriate teleconferencing locations. 1478 04:13:11.380 --> 04:13:14.940 Community Hall: And so that is the report, and it's for your discussion. 1479 04:13:15.440 --> 04:13:22.180 Community Hall: All right. Thank you, Madam City Attorney. At this time, do we have any clarifying questions from the council? 1480 04:13:28.650 --> 04:13:29.640 Community Hall: Vice Mayor. 1481 04:13:29.840 --> 04:13:30.500 Community Hall: Bye. 1482 04:13:32.600 --> 04:13:34.519 Community Hall: Thank you for the. 1483 04:13:34.810 --> 04:13:36.850 Community Hall: Drafting the responses. 1484 04:13:38.350 --> 04:13:42.779 Community Hall: So I I'd like to clarify is 1485 04:13:43.180 --> 04:13:50.430 Community Hall: I thinkâ€¦ The CT up to this point, we have complied with the. 1486 04:13:50.860 --> 04:13:59.759 Community Hall: advices from the city attorney regarding to comply with the State law regarding Brown Act, or any other requirement. Right? 1487 04:14:00.410 --> 04:14:01.300 Community Hall: Correct. 1488 04:14:01.480 --> 04:14:07.380 Community Hall: Yes, so the council members follow any advice provided by the city attorney. 1489 04:14:07.740 --> 04:14:15.629 Community Hall: Yeah. And then another clarification is in the state law, is there any â€” 1490 04:14:15.730 --> 04:14:19.849 Community Hall: Limit on the number of teleconferencing. 1491 04:14:20.240 --> 04:14:24.749 Community Hall: The cityâ€¦ a city council can conduct. 1492 04:14:25.370 --> 04:14:33.349 Community Hall: Thereâ€¦ the state law indicates that the city council itself can make those decisions about the rules that apply to their council. 1493 04:14:33.630 --> 04:14:48.229 Community Hall: So there is no limit on how the number of teleconference, the number of times a council member can participate remotely. Only if the city limits itself in that way. Okay. Soâ€¦ 1494 04:14:48.560 --> 04:14:52.960 Community Hall: I think weâ€¦ what I've seen in the past is 1495 04:14:53.670 --> 04:15:06.830 Community Hall: people who have 9 to 5 jobs, it's very hard for them to make time to even run an election or serve on the city council. Many people who serve are people who are 1496 04:15:06.880 --> 04:15:16.110 Community Hall: Have financial freedom or they have, freedom in their time. They are realtors and all the certain profession. 1497 04:15:16.320 --> 04:15:19.999 Community Hall: So, in some sense, this discriminates. 1498 04:15:20.370 --> 04:15:25.400 Community Hall: people of certain professions so that they are not able to serve. 1499 04:15:25.850 --> 04:15:31.650 Community Hall: And so some people, for some people who have to travel to earn a living. 1500 04:15:32.200 --> 04:15:47.960 Community Hall: So, if we adopt any kind of procedure that might limit someone in their ability to earn a living, do we face any legal consequences as the city council because we discriminate? 1501 04:15:48.190 --> 04:15:53.700 Community Hall: Council members. No, I don't think that you would face legal consequences. Okay. 1502 04:15:53.920 --> 04:15:54.890 Community Hall: Thank you. 1503 04:16:02.620 --> 04:16:08.300 Community Hall: Councilmember Fruin, followed by Councilmember Mohan Soon. 1504 04:16:08.610 --> 04:16:12.990 Community Hall: Briefly, under the Brown Act and the traditional teleconferencing rule. 1505 04:16:14.400 --> 04:16:18.779 Community Hall: A quorum of the body must still be within the jurisdiction, yes? 1506 04:16:19.340 --> 04:16:30.069 Community Hall: Absolutely, yes. Okay, so as applied to Cupertino, you couldn't have more than two council members appearing remotely under the traditional rule at the same time? Outside the jurisdiction, correct. Okay. 1507 04:16:33.440 --> 04:16:34.840 Community Hall: Councilmember Mohan. 1508 04:16:37.240 --> 04:16:39.019 Community Hall: In the staff report. 1509 04:16:39.420 --> 04:16:40.360 Community Hall: Okay. 1510 04:16:42.260 --> 04:16:45.519 Community Hall: So the staff are, report, 1511 04:16:45.780 --> 04:16:49.529 Community Hall: references the implementation of Senate Bill 707. 1512 04:16:50.470 --> 04:16:57.200 Community Hall: How how does that change anything that we are doing or that we will be doing the the. 1513 04:16:57.620 --> 04:17:15.380 Community Hall: 707 requires that a city the size of Cupertino, provide a Zoom link, basically audio-visual connection, or telephone conferencing to, basically the world, so that 1514 04:17:15.690 --> 04:17:35.949 Community Hall: Individuals can participate in the meeting from wherever they happen to be, at their home, while they're traveling. This is, the public can participate via that way. And because that's required by 707, those avenues for connecting into a meeting are, when there's a meeting happening, are always present. 1515 04:17:36.050 --> 04:17:41.119 Community Hall: So, the way that I see this, impacting this rule is that 1516 04:17:41.990 --> 04:17:52.830 Community Hall: If a council member has noticed a remote location and plans to participate in a meeting from that remote location, currently that council member is required to 1517 04:17:52.830 --> 04:18:04.140 Community Hall: Open that location to the public, have it be in a publicly accessible location, so that the public can join the meeting and make public comment from that remote location. 1518 04:18:04.460 --> 04:18:15.409 Community Hall: And if in the past, if that remote location went down, then any member of the public who happened to be in that location and wanted to give public comment 1519 04:18:16.240 --> 04:18:21.459 Community Hall: Could be unable to do so because the connection was down. 1520 04:18:22.140 --> 04:18:28.949 Community Hall: Now, with 707, the connection from the main meeting is required to be available. 1521 04:18:29.080 --> 04:18:34.789 Community Hall: at whenever a meeting is happening. And so if there's a member of the public who 1522 04:18:35.070 --> 04:18:40.499 Community Hall: Happen to want to participate in the main meeting from that location, and the location is down. 1523 04:18:40.680 --> 04:18:50.420 Community Hall: That member always has the option of using the available connection from wherever they happen to be. So 1524 04:18:50.540 --> 04:18:56.170 Community Hall: It, it makes it, less important that, that. 1525 04:18:56.450 --> 04:18:59.359 Community Hall: remote locations, connection. 1526 04:18:59.590 --> 04:19:15.549 Community Hall: function properly and throughout the whole meeting, and it does relieve the city of the requirement of having to shut down the main meeting when the remote location goes down. 1527 04:19:17.610 --> 04:19:24.360 Community Hall: So, the Zoom links that we provide for the public, are they not? 1528 04:19:24.590 --> 04:19:27.780 Community Hall: as public as I thought it was. I mean, I did. 1529 04:19:27.950 --> 04:19:40.720 Community Hall: The Zoom links are public, but, the Zoom links were not required in the past. But now, those Zoom links are required by statute. Our City Council has to provide that link. 1530 04:19:41.450 --> 04:19:43.389 Community Hall: Okay, so we're doing that. 1531 04:19:43.940 --> 04:19:45.150 Community Hall: We are doing it. 1532 04:19:46.520 --> 04:19:50.790 Community Hall: So why couldn't someone Stay in London. 1533 04:19:51.490 --> 04:19:53.590 Community Hall: Access that Zoom link, andâ€¦ 1534 04:19:54.300 --> 04:20:02.060 Community Hall: Communicate with us. Itâ€¦ prior to 707, because we generally offer that, they could. 1535 04:20:02.120 --> 04:20:14.510 Community Hall: They could also do it then. And that was why we created in January of this year the new process that allowed us so that we don't have to shut down the meeting when the remote location goes off. 1536 04:20:15.300 --> 04:20:22.000 Community Hall: But what we did do was say, but you need to let us know ahead of time, soâ€¦ 1537 04:20:22.770 --> 04:20:37.770 Community Hall: ifâ€¦ so, when the time comes for us to take your comment, if your remote location is down, we'll know that now you're not able to comment, and then we would shut the meeting down, because you wouldn't be able to connect in. It's a little bit of a, 1538 04:20:38.510 --> 04:20:41.940 Community Hall: It seems like it's exactly the same, but today. 1539 04:20:42.170 --> 04:20:59.469 Community Hall: our meeting is required to provide access, and if that access goes down, we have to try to get it up and running for an hour before we can just close the meeting down. So there's a whole statutory requirement that we provide that access. 1540 04:20:59.640 --> 04:21:12.080 Community Hall: And so, if somebody is in another part of the world and they want to participate, they can depend on that access. Whereas before, there wasn't any requirement, it was just something that we did as a city, as an offering. 1541 04:21:12.460 --> 04:21:25.860 Community Hall: And if the remote location went down during our council meetings, we could have even continued our council meetings. We weren't required to pause our council meetings to get that up and running. 1542 04:21:26.450 --> 04:21:27.530 Community Hall: Now we are. 1543 04:21:28.680 --> 04:21:29.420 Community Hall: Okay. 1544 04:21:31.790 --> 04:21:36.849 Community Hall: Vice Mayor, followed by Councilmember Frewin, followed by Councilmember Wong. 1545 04:21:37.670 --> 04:21:40.160 Community Hall: Hi, 1546 04:21:40.380 --> 04:21:41.310 Community Hall: So. 1547 04:21:41.610 --> 04:21:58.710 Community Hall: In your response, you mentioned the traditional rule, which was the rule we were operating under that tries to protect the public's ability to participate in any of the remote locations. 1548 04:21:58.860 --> 04:22:13.239 Community Hall: Right? And then we find out that creates some inconvenience in caseâ€¦ I think the traditional rule was created at the time when they are assuming, all of the remote location might be 1549 04:22:13.570 --> 04:22:26.379 Community Hall: within the jurisdiction, and then we mightâ€¦ there mightâ€¦ there isâ€¦ there is, significant number of people who will be participating in different locations. So theâ€¦ 1550 04:22:26.380 --> 04:22:33.439 Community Hall: it prioritized public participation in every location. But then, in our case, we find out 1551 04:22:33.440 --> 04:22:51.770 Community Hall: our remote location might be outside of the jurisdiction, or even outside of the country, because the council members need to travel to earn a living. And then, so, throughout last year, we have slowly adjusted our procedures. 1552 04:22:51.830 --> 04:22:59.889 Community Hall: Even though they are not exactly required by the Brown Act, but we have adjusted, so weâ€¦ 1553 04:23:00.240 --> 04:23:13.420 Community Hall: would be able to continue the meeting in case of any unexpected disruption. So could you clarify? What are the additional steps we have adopted so far, as I remember that 1554 04:23:13.460 --> 04:23:29.340 Community Hall: We were initially not even asking, are there any public member in presence? And we were not asking if the agenda was posted or it's open. So what are the steps we have adopted so far? 1555 04:23:29.750 --> 04:23:39.039 Community Hall: Well, so we worked with the clerk's office as well, so the clerk's office may have more insight into this, but, I believe we, 1556 04:23:39.750 --> 04:23:43.100 Community Hall: Recently, Asked. 1557 04:23:43.420 --> 04:23:57.490 Community Hall: members of the public who wanted to participate from a remote location to let us know ahead of time, so we would be ready to take their comment and make sure that we were collecting their comment, and if their connection was disrupted, we would 1558 04:23:57.740 --> 04:24:00.669 Community Hall: Close our meeting as well, because we would be 1559 04:24:01.040 --> 04:24:09.970 Community Hall: Because that member of the public who told us they wanted to speak wouldn't have been able to speak. That was one thing that we did do. We, 1560 04:24:10.030 --> 04:24:29.619 Community Hall: Ask our council members at the top of the meeting, who are participating remotely, whether they posted the agenda, whether they are in the location that was posted on the agenda, that the, location be, clear and accurate, so members of the public 1561 04:24:29.650 --> 04:24:42.310 Community Hall: We'll know exactly where the location is, and, we asked if there were anybody of 18 years or older, with them in that location, and, 1562 04:24:44.350 --> 04:24:48.640 Community Hall: And I think those are the items. Anything else, Lauren, that I'm missing? 1563 04:24:48.880 --> 04:25:06.660 Community Hall: We do askâ€¦ I ask, if thereâ€¦ toâ€¦ if anyone does come to your location, that you would notify, me somehow, remotely, so that we could address those speakers and let them speak from your location. Are we requesting a photo of the posted agenda now? 1564 04:25:07.650 --> 04:25:25.669 Community Hall: We are asking them, the council members, to send a photo if they can, but we are asking for sure for them to confirm that they have posted the agenda. Because I think at one time there, we asked about posted the agenda, the council member waived the agenda, so I think we were concerned, is it really posted? 1565 04:25:25.670 --> 04:25:36.760 Community Hall: So we are improving our process to address as issues come up so that we are better at complying with the requirement. 1566 04:25:36.940 --> 04:25:38.020 Community Hall: Correct. 1567 04:25:38.140 --> 04:25:40.409 Community Hall: Okay, thank you. 1568 04:25:41.970 --> 04:25:43.420 Community Hall: Councilmember Freeman 1569 04:25:46.500 --> 04:25:58.679 Community Hall: SB 707 didn't change anything in the traditional rule, correct, correct, yeah, so it still exists in its original form, nothing's really been altered there, the 1570 04:25:59.310 --> 04:26:07.119 Community Hall: just to get to the nub of what you're trying to explain to Councilmember Mohan's concern, is that 1571 04:26:07.520 --> 04:26:18.040 Community Hall: We're ensuring that any harm to the public's ability to participate is de minimis or reduced to a point where we can make a reasonable finding that continuing forward with the meeting. 1572 04:26:18.250 --> 04:26:29.560 Community Hall: would be appropriate under the circumstances. Correct. Right. Which is effectively the same thing that we were trying to do differently with requesting members of the public to signal their interest in 1573 04:26:29.630 --> 04:26:43.119 Community Hall: Joining us remotely from a remote notice location in advance. Correct. Basically, aâ€¦ since this is a limited public forum, that we could impose a reasonable time, manner, place restriction on that participation. 1574 04:26:43.560 --> 04:26:56.580 Community Hall: Correct, okay, all right, I just want to make that clear that the traditional rule is the same, it hasn't changed, you know, what has changed elsewhere is this. 1575 04:26:56.680 --> 04:27:00.780 Community Hall: Requirement that cities of a particular size offer. 1576 04:27:00.860 --> 04:27:20.119 Community Hall: remote participation in general, because there were a number of cities that decided not to do that. San Jose, for example, decided to not offer remote participation. And you can imagine, for a city of a million people, what that looks like when people can't just call in when their city council meeting meets during the day. 1577 04:27:20.160 --> 04:27:27.260 Community Hall: So, you know, that does, though, change the nature of the harm to the public from 1578 04:27:27.540 --> 04:27:30.700 Community Hall: Trying to participate in a location that loses its connection. 1579 04:27:31.100 --> 04:27:34.340 Community Hall: In, in addition to that, it, 1580 04:27:36.050 --> 04:27:40.480 Community Hall: We were at, we don't know, we no longer need to ask that. 1581 04:27:40.640 --> 04:27:47.340 Community Hall: Individuals of the public who wish to participate from a remote location, that they call us by noon and tell us so. 1582 04:27:47.650 --> 04:27:52.610 Community Hall: Because they can always rely on the 707 access to our meeting. 1583 04:27:53.200 --> 04:27:53.870 Community Hall: Okay. 1584 04:27:56.120 --> 04:28:12.410 Community Hall: Okay, Councilmember Ruan. Oh, thanks. Teleconferencing has enabled broader public participation among our residents, and has allowed for a broader pool of candidates for council and commissions, and I think that's a good thing. It's good to know Cupertino has been a pioneer in making it easier to broaden access, and has not only followed the 1585 04:28:12.450 --> 04:28:29.020 Community Hall: and followed the letter of the law, the state has also been supporting this broader access. I agree with many here that we should not put restrictions on teleconferencing that severely discriminate against candidates who are actively working over those who are retired, or those who are financially independent versus those who must earn a living. 1586 04:28:29.190 --> 04:28:41.909 Community Hall: Any additional restrictions could only promote one class over another, which would be discriminatory. I believe that we are furthering our democracy by expanding access, participation, and transparency, and I'm glad that we're in the avant-garde of this. So, thank you. 1587 04:28:45.930 --> 04:28:46.989 Community Hall: Vice Mayor? 1588 04:28:47.540 --> 04:28:48.510 Community Hall: Oh. 1589 04:28:49.050 --> 04:28:57.440 Community Hall: So, want to clarify, SB 707 requires city council or county board 1590 04:28:57.730 --> 04:29:13.230 Community Hall: of, I think, 20,000 or 30,000, 30,000 population to provide two-way communication. So that means the public would be able to call in and make comments, too. Right? Correct. Yes. Okay. 1591 04:29:13.430 --> 04:29:14.540 Community Hall: And. 1592 04:29:15.190 --> 04:29:21.189 Community Hall: But thenâ€¦ It's it's not required for commissioners of the city. 1593 04:29:21.710 --> 04:29:35.059 Community Hall: Right? True. So, but Cupertino does extra. We now provide two-way communication for all commission meetings. So the member of the public who have 1594 04:29:35.080 --> 04:29:44.119 Community Hall: to take care of young children or seniors at home will still be able to call in to any of our commission meetings. That's correct. We are 1595 04:29:44.510 --> 04:30:00.690 Community Hall: doing more than we need to by this for the State law. Yes. Okay? And but then, oh, the I think we do have commissioners who do have to travel for work, and they have utilized the telecommunity teleconferencing. 1596 04:30:01.230 --> 04:30:03.410 Community Hall: So any of them. 1597 04:30:03.580 --> 04:30:05.929 Community Hall: New requirement that. 1598 04:30:06.030 --> 04:30:16.420 Community Hall: will be adopted will be applicable not only to the Council meetings, but also to all Commission meetings. That is really up to the Council. 1599 04:30:16.970 --> 04:30:22.420 Community Hall: So I think it's really, probably it makes sense to. 1600 04:30:22.770 --> 04:30:24.590 Community Hall: Not include all these. 1601 04:30:25.780 --> 04:30:36.109 Community Hall: brown app or teleconferencing requirement in the council procedures manual. It might make sense to have a city attorney handbook on 1602 04:30:37.010 --> 04:30:45.770 Community Hall: conference on teleconferencing, so that any of this, there is a consistent standard for all the 1603 04:30:46.480 --> 04:30:50.429 Community Hall: City remote teleconferencing meetings. 1604 04:30:50.670 --> 04:30:51.490 Community Hall: Yeah, okay. 1605 04:30:52.090 --> 04:31:05.259 Community Hall: And so that would be, a change to the suggested response, where we remove the reference to the Council Procedures Manual and instead describe some other document that would contain those rules. 1606 04:31:05.260 --> 04:31:19.010 Community Hall: Yeah. And then also, I see there might be a need to continue to improve it as issues come up as we have done in the past one year or so. Right? So maybe it makes sense that this is 1607 04:31:19.010 --> 04:31:24.770 Community Hall: administrative document that the staff can continue to improve on. 1608 04:31:26.070 --> 04:31:38.700 Community Hall: So are you suggesting, then, that the Council would not vote on the contents of this administrative manual. I think the Council can provide direction, but then the staff is the author of that. 1609 04:31:39.080 --> 04:31:43.799 Community Hall: I think that there might be some requirements when it comes to the teleconferencing. 1610 04:31:43.910 --> 04:31:48.390 Community Hall: Rule, that Council. 1611 04:31:48.480 --> 04:32:04.509 Community Hall: make decisions about it. There are certain decisions that I believe must be made by the Council, so we would bring those to the Council. Okay, that makes sense, but it doesn't have to be included in the Council Procedures Manual. I see that it's more about how we conduct the meeting. 1612 04:32:04.520 --> 04:32:21.240 Community Hall: Understood. I will indicate that the civil grand jury suggested that the procedures be updated in specifically the Council's Procedures Manual. Doesn't mean we must require, comply with that, but I'll just flag that as well. Yeah, I know, theyâ€¦ yeah. 1613 04:32:21.310 --> 04:32:22.230 Community Hall: Understood. 1614 04:32:26.350 --> 04:32:37.590 Community Hall: Is this, is your hand still raised, Councilmember Wall? Okay. Yeah, I was just gonna say that SB707 requires city councils to officially adopt the written policies, so that just would apply there. 1615 04:32:38.230 --> 04:32:43.449 Community Hall: We did. Yeah, no, back to Vice Mayor Moore. Vice Mayor Houseman. 1616 04:32:43.640 --> 04:32:55.959 Community Hall: Okay, so we did have an adoption of the 707 rules already, prior to the July 1st start. With regards to the council procedures update, 1617 04:32:56.090 --> 04:33:03.960 Community Hall: I think it would probably be easier if we simplyâ€¦ we're gonna bring it back, we'll update the council procedures, and then incorporate that into theâ€¦ 1618 04:33:04.390 --> 04:33:22.279 Community Hall: commissioner's handbook, rather than having, I don't want to see staff, provide, the interpretation of the Brown Act, because it is, the council's, prerogative, to allow the traditional 1619 04:33:22.279 --> 04:33:33.159 Community Hall: teleconferencing or not. So that is our obligation to make make that decision, and we would have that discussion at a at a later date. 1620 04:33:34.160 --> 04:33:47.610 Community Hall: So, Councilmember Wong, you did not lower your hand afterwards, and I do want to get out to public comment, so if you have clarifying questions, please be wrapping them up. 1621 04:33:47.810 --> 04:33:48.869 Community Hall: Vice Mayor? 1622 04:33:50.000 --> 04:33:50.820 Community Hall: Oh, okay. 1623 04:33:51.320 --> 04:33:54.040 Community Hall: I just regretâ€¦ 1624 04:33:54.460 --> 04:34:12.630 Community Hall: just inâ€¦ in case we have a city attorney handbook on teleconferencing, I'mâ€¦ I assume we would separate the portion that's legally required versus the portion that's discretionary, that might require council approval, so it's clear. 1625 04:34:12.660 --> 04:34:26.960 Community Hall: But I am curious what portions would not be legally required, or would not be a recommendation of the city attorney that would require a council approve that you have in mind. 1626 04:34:28.480 --> 04:34:42.130 Community Hall: I believe that the Council is required to make the determination that the teleconferencing rules are optional for a Council, and so a Council needs to opt in to those. 1627 04:34:43.730 --> 04:34:51.560 Community Hall: and they can also identify a number, a specific number of meetings. The Council can create rules around 1628 04:34:51.730 --> 04:34:58.559 Community Hall: Those procedures, I mean, around teleconferencing. So, by law, teleconferencing is optional now, right? 1629 04:34:59.160 --> 04:35:06.089 Community Hall: So you are saying if we want to set a limit on the number of teleconferencing meetings. 1630 04:35:06.360 --> 04:35:08.819 Community Hall: That needs council approval. 1631 04:35:09.419 --> 04:35:10.419 Community Hall: 10. 1632 04:35:11.240 --> 04:35:15.510 Community Hall: Mmhm I actually both need council approval. 1633 04:35:17.000 --> 04:35:19.279 Community Hall: which needs council approval. 1634 04:35:19.720 --> 04:35:24.539 Community Hall: The state law allows any number of teleconferencing meetings. 1635 04:35:24.980 --> 04:35:29.339 Community Hall: The council has to opt into that for the traditional role. 1636 04:35:29.720 --> 04:35:30.970 Community Hall: Which. 1637 04:35:32.119 --> 04:35:36.530 Community Hall: What do you mean? We we have been using traditional rule. 1638 04:35:36.689 --> 04:35:42.310 Community Hall: Correct. And, we have not adopted anything to opt in. 1639 04:35:43.349 --> 04:35:49.009 Community Hall: So, you are saying weâ€¦ now we are required to opt in? I'm confused. 1640 04:35:50.189 --> 04:35:54.930 Community Hall: The city should be, opting in. 1641 04:35:57.970 --> 04:35:59.309 Community Hall: Why? 1642 04:36:00.640 --> 04:36:05.069 Community Hall: The state's law did not require us to opt in. 1643 04:36:05.520 --> 04:36:09.180 Community Hall: My reading of the state law is that you do need to opt in. 1644 04:36:10.070 --> 04:36:11.330 Community Hall: To have. 1645 04:36:12.340 --> 04:36:15.300 Community Hall: Optional teleconferencing. 1646 04:36:15.640 --> 04:36:17.470 Community Hall: But we haven't done that. 1647 04:36:20.460 --> 04:36:21.540 Community Hall: Okay. 1648 04:36:23.349 --> 04:36:24.390 Community Hall: Hmm. 1649 04:36:28.619 --> 04:36:29.509 Community Hall: Okay. 1650 04:36:32.500 --> 04:36:41.170 Community Hall: Great. Madam City Clerk, do we have any members of the public in Community Hall that would like to speak to this item, or any members online? 1651 04:36:41.710 --> 04:36:48.259 Community Hall: Yes, Mayor, we have one request to speak here in person in Community Hall, and at this time I have 2 hands raised virtually. 1652 04:36:48.259 --> 04:37:02.510 Community Hall: So as a reminder, members of the public wishing to speak on this item shall submit a request to speak or raise their hand virtually within the nine minutes of the start of public comment or before the public comment period is closed, whichever comes first. So at this time, we will go ahead and welcome Rhoda Frey. 1653 04:37:04.860 --> 04:37:06.490 Community Hall: Hi, good evening again. 1654 04:37:07.630 --> 04:37:25.509 Community Hall: I wasâ€¦ I think it's a good thing that we start looking into our Zoom practices. This is really a brave new world that we really got into with COVID, and it does provide a lot of flexibility, especially, as has been mentioned, for people whose schedules don't necessarily accommodate 1655 04:37:25.550 --> 04:37:42.450 Community Hall: being here physically at the City Council, but that doesn't mean that those Council members are not available to the public. And so, Iâ€¦ I think we should celebrate thatâ€¦ that we have this technology, and obviously it needs to be reined in in certain ways. 1656 04:37:42.880 --> 04:37:46.680 Community Hall: And I also appreciate the work that you've done. 1657 04:37:46.840 --> 04:38:06.570 Community Hall: the city attorney for sussing out the issues because I found I also found it to be somewhat incongruous, and and and the other thing is that I haven't heard mentioned on the days, and I want to mention it here, because I think it's really important is that once again we're seeing 1658 04:38:06.790 --> 04:38:20.959 Community Hall: the civil grand jury weaponizing the process and attacking a single council member. And, you know, we've had, we had multiple breaches prior that, you know, or. 1659 04:38:21.029 --> 04:38:38.309 Community Hall: strange things happening, previousâ€¦ previously with other Council members, and people attending remotely, and not having those remote sites accessible, or not verifying that these people were alone, or having the cameras on. 1660 04:38:38.310 --> 04:38:41.230 Community Hall: There was a lot of things going on and the. 1661 04:38:41.290 --> 04:38:46.049 Community Hall: But the civil grand jury didn'tâ€¦ didn't look at those things. Theyâ€¦ theyâ€¦ 1662 04:38:46.710 --> 04:38:54.089 Community Hall: It was once again weaponizing the process. And we see it's not just in Cupertino, but other places and and. 1663 04:38:54.240 --> 04:38:58.899 Community Hall: I don't know what I'm convincing myself now that I'd like to write them a letter. 1664 04:38:59.230 --> 04:39:13.350 Community Hall: because this is not how we should be in a civilized society. And at the same time, I think that it is good in general that these issues have been brought to light and that 1665 04:39:14.540 --> 04:39:30.479 Community Hall: that other folks in Santa Clara County and elsewhere can implement these better processes and procedures. And as far as attending meetings, Santa Clara County 1666 04:39:31.220 --> 04:39:45.960 Community Hall: I can go and call in. Santa Clara County is way bigger than San Jose, and it's great. You know, as a citizen, I can call in, and I don't have to drive all the way down there, although I do like going in person. 1667 04:39:45.960 --> 04:39:52.290 Community Hall: But I'm so glad that we have this technology and that we are perfecting the policies and procedures. Thank you. 1668 04:39:54.590 --> 04:40:02.239 Community Hall: Thank you, Rhoda. Next we'll move to the request to speak virtually. We will welcome Jennifer Griffin, followed by San Rao. Welcome, Jennifer. 1669 04:40:04.450 --> 04:40:07.490 Jennifer Griffin: Thank you. Can you hear me? 1670 04:40:07.490 --> 04:40:08.460 Community Hall: I can hear you. 1671 04:40:08.460 --> 04:40:22.220 Jennifer Griffin: Okay, thank you. I'll say I'm very appreciative of the city having the zoom, the ability to come in from different locations. I think it's extremely helpful for 1672 04:40:22.400 --> 04:40:32.239 Jennifer Griffin: modern-day people that areâ€¦ have a lot of different demands on them for various reasons. You have workload, traveling, 1673 04:40:32.900 --> 04:40:38.059 Jennifer Griffin: People that own companies, people who have children. 1674 04:40:38.250 --> 04:40:49.010 Jennifer Griffin: People that are going to different countries, or traveling all over the United States. As I said before, we recently had Internet access 1675 04:40:49.170 --> 04:41:07.420 Jennifer Griffin: put in at my mother's in Santa Cruz, and I have the ability now that I can attend any meeting from her home, which is wonderful, or other relatives, or if we traveled recently to Virginia, I had the option that I could have attended 1676 04:41:07.760 --> 04:41:23.289 Jennifer Griffin: meetings there from, you know, otherâ€¦ or other states, or visiting relatives, soâ€¦ or else you can stay home or come to the meetings. I think it's extremely helpful. It makes it equal access for everyone. 1677 04:41:23.490 --> 04:41:25.960 Jennifer Griffin: Then again, I will say that 1678 04:41:26.450 --> 04:41:37.779 Jennifer Griffin: Yes, civil grand jury is a very, very old, integral portion of democracy. It goes all the way back to England in the 1400s, I believe, 1300s. 1679 04:41:38.210 --> 04:41:43.760 Jennifer Griffin: But we need to make we we want to make sure that. 1680 04:41:44.070 --> 04:41:54.470 Jennifer Griffin: Cupertino is providing access for everyone to participate in the democratic process in their city, and I am very happy 1681 04:41:54.690 --> 04:42:06.180 Jennifer Griffin: that Cupertino has gone above and beyond to try to do that, because we are a forward-thinking city. We're gifted technologically by having Apple and other 1682 04:42:06.180 --> 04:42:18.820 Jennifer Griffin: companies available to us, so I would expect Cupertino to use the latest and greatest technological advances to be able to enable 1683 04:42:18.930 --> 04:42:30.870 Jennifer Griffin: their residents to try to participate in the highest form of government, and that is what we're doing here tonight, in all different capacities. So, yes, theâ€¦ 1684 04:42:31.070 --> 04:42:39.829 Jennifer Griffin: There is a report, but I would really be concerned that we may be nitpicking in the report, but then again. 1685 04:42:40.210 --> 04:42:56.949 Jennifer Griffin: I hope that Cooperâ€¦ I am very impressed with Cupertino's ability to try to make sure that their residents can attend in every form. Maybe someday, if somebody's on the moon, or on Mars, who knows? Or rotating around in aâ€¦ 1686 04:42:56.950 --> 04:43:07.619 Jennifer Griffin: in a, capsule over the Earth, but I'm very impressed with Cupertino's abilities, and I hope that we continue them so that everyone has equal access. Thank you. 1687 04:43:08.010 --> 04:43:16.190 Community Hall: Madam City Clerk, I need to interrupt on this time. I move that we extend the meeting to complete item 13. Do I have a second? Second. 1688 04:43:16.470 --> 04:43:33.059 Community Hall: So, mayor, I think each meeting about this extension at 1030. So the procedures manual says that any motion. So this discussion of an agenda item shall not begin after 1030. So we're already in 1689 04:43:33.090 --> 04:43:47.329 Community Hall: this item at 1030. Meetings of the City Council shall adjourn by 11 o'clock. Any motion to extend the meeting beyond 11 pm. Shall include a list of specified agenda items. So as long as we're done by 11, we're good. 1690 04:43:47.420 --> 04:44:06.159 Community Hall: Yes, and if you want to continue after 11, then you can vote to continue the item after 11. Councilmember Freund, I was going to say you could make that motion though now, which was what I was rather anticipating, that we're likely to probably run past 11, so rather than having to make the motion then. 1691 04:44:06.300 --> 04:44:15.200 Community Hall: just take care of it. Madam City Clerk, will you please set the vote panel, and we will vote on extending the meeting to complete item 13. 1692 04:44:18.890 --> 04:44:19.660 Community Hall: Cool. 1693 04:44:28.360 --> 04:44:39.379 Community Hall: The motion carries unanimously. All right. Pardon for the interruption, and please continue with public comment. Yes, thank you, Mayor, and thank you, Jennifer, for your comments. Next we will welcome San Rao. 1694 04:44:39.980 --> 04:44:41.050 Community Hall: Welcome, Sam. 1695 04:44:42.450 --> 04:44:47.330 San Rao: Good evening, Mayor Moore and Council Members, speaking on behalf of myself only as a resident. 1696 04:44:47.510 --> 04:44:55.489 San Rao: I I'd like to point out that, The theme of convenience 1697 04:44:56.270 --> 04:45:14.219 San Rao: is grossly misplaced. The council members and commissioners are not traveling for their convenience. They're traveling for their livelihoods, they're traveling for caring for family, they're traveling for elder parents that need care, they're traveling for parents that may be in another country. 1698 04:45:14.300 --> 04:45:19.269 San Rao: This is a city of immigrants where perhaps over 70% immigrant. 1699 04:45:19.470 --> 04:45:22.790 San Rao: And for many of us, we have family. 1700 04:45:22.900 --> 04:45:26.820 San Rao: In other locations and even for those of us that are. 1701 04:45:26.890 --> 04:45:46.860 San Rao: native born, we've got parents and family in other cities. And if we don't, we have children or brothers or sisters or any remote family members that may need care at any time in other cities. And even if we didn't, we may have people that travel for their livelihood or 1702 04:45:47.320 --> 04:45:50.949 San Rao: To actually be able to enjoy a vacation. 1703 04:45:51.190 --> 04:46:06.759 San Rao: And so what kind of city would we be if we imposed a viewpoint that says people travel for their convenience? I mean, these are not high-paying jobs. These are voluntary jobs, be it a council member or a commissioner. A commissioner is paidâ€¦ 1704 04:46:06.900 --> 04:46:10.000 San Rao: princely sum of $50 a meeting. 1705 04:46:10.230 --> 04:46:12.530 San Rao: and a council member 1706 04:46:12.720 --> 04:46:20.520 San Rao: Cannot survive on what they're paid for. So people who serve do it because that is their calling and they like to give back. 1707 04:46:20.870 --> 04:46:25.999 San Rao: And instead of recognizing and rewarding that and calling it volunteerism. 1708 04:46:26.140 --> 04:46:36.970 San Rao: We call this convenience, or the county grand jury calls this convenience. It reflects on the lack of understanding of the mentality it takes to serve in these roles. 1709 04:46:37.170 --> 04:46:41.910 San Rao: And so I would encourage you to respond in a way that reflects the 1710 04:46:42.140 --> 04:46:45.880 San Rao: The demographic of our city and of the county as well. 1711 04:46:46.210 --> 04:46:53.450 San Rao: And to reflect the need, no matter what your demographic is, to be able to travel to take care of family. 1712 04:46:53.870 --> 04:47:00.219 San Rao: And absent that, what kind of representation would we have on this council and what would we have on our commissions? 1713 04:47:00.430 --> 04:47:02.160 San Rao: And so it, it, 1714 04:47:02.340 --> 04:47:07.199 San Rao: It surprises me that we need to opt into this teleconferencing. I thought the state law 1715 04:47:07.360 --> 04:47:17.579 San Rao: Required it, but I'm hearing otherwise from the city attorney, and I hope you will, in fact, opt in, because if you choose not to. 1716 04:47:17.750 --> 04:47:22.049 San Rao: I think you are going to have an impact on people's ability to 1717 04:47:22.240 --> 04:47:27.349 San Rao: To actually live, because nobody can live on the princely sum of $50 a meeting. 1718 04:47:27.610 --> 04:47:32.349 San Rao: You know, and neither can council members, and so I hope you consider that. Thank you. 1719 04:47:35.420 --> 04:47:42.040 Community Hall: Thank you, Sam. Mayor, that concludes the request to speak on this All right. Thank you. 1720 04:47:42.050 --> 04:48:00.279 Community Hall: So, I would like, to that point, for the city attorney to, look into whether or not there actually does need to be an opt-in. It seems like we simply need to follow the procedural requirements of the Brown Act, and we, with regards to noticing at 1721 04:48:00.280 --> 04:48:05.700 Community Hall: And, providing the access. One thing I think that isâ€¦ 1722 04:48:05.730 --> 04:48:11.009 Community Hall: Fairly interesting about the traditional teleconferencing rule is that 1723 04:48:11.230 --> 04:48:25.730 Community Hall: It was, as you put in the response, that it was enacted 40 years ago, and it was proposed at a time where residents were geographically distant, 1724 04:48:26.030 --> 04:48:47.610 Community Hall: In geographically distant parts of the county and they had a difficult time attending the county board of supervisors meetings and hearings. And the traditional rule responded to these concerns by authorizing local agencies to use video conferencing for the benefit of the public and the legislative body. So when I thought about that, I thought, well, what if, you know, Cupertino was 1725 04:48:47.610 --> 04:49:12.139 Community Hall: Cupertino was huge, and the Monta Vista Rec Center, for instance, was 40 or 50 miles away from us, and the residents around there weren't able to come to Community Hall, so one of the representatives from the council living out in that area would notice the Monta Vista Rec Center, and the residents in that area would be able to 1726 04:49:12.180 --> 04:49:36.059 Community Hall: joined in the meeting, and that council member would set up this teleconferencing link, and that was to me. That's the problem that they were trying to solve back then. Fast forward 40 years. Everyone in the Monta Vista area. If they were that 40 or 50 miles away and didn't want to drive here, they can all zoom in problems been solved by 1727 04:49:36.060 --> 04:49:41.310 Community Hall: Technology, and the, the, the council member. 1728 04:49:41.580 --> 04:49:50.749 Community Hall: is also able toâ€¦ to zoom in. But we have kind of a different scenario, that I think when weâ€¦ 1729 04:49:50.760 --> 04:50:05.480 Community Hall: go to look at the Council Procedures Manual, it could be discussed at that time, but itâ€¦ there was no limitation put in place for the number of times that that could happen, so it could be 1730 04:50:05.500 --> 04:50:14.489 Community Hall: allâ€¦ all year long that they were having remote teleconferencing outâ€¦ out at that location, and that the Councilmember would be 1731 04:50:14.490 --> 04:50:30.320 Community Hall: could potentially be gone for the entire year, making it convenient for those residents there. And I wouldn't necessarily say it was a convenience for the council member to be out there, but it was for the residents. 1732 04:50:30.420 --> 04:50:39.219 Community Hall: so it'sâ€¦ we have a different scenario. I think, it could be something that if the state legislators wanted to take up. 1733 04:50:39.220 --> 04:50:56.649 Community Hall: the matter and provide some guidance. Theâ€¦ the old, guidance in, legislative history doesn't, really speak to the situation that we have now, and, atâ€¦ for responding to the civil grand jury, Iâ€¦ I don't think 1734 04:50:56.650 --> 04:51:21.220 Community Hall: Treading into that area tonight is, it's not a question that they're necessarily asking us to do, but when we move on to looking at the council procedures manual, we can have that discussion, but I don't feel that it's necessary for the response to the civil grand jury and what you have for the response, I think adequately. 1735 04:51:21.220 --> 04:51:26.410 Community Hall: Answers their questions and provides theâ€¦ the, 1736 04:51:26.410 --> 04:51:38.810 Community Hall: the responses. So I am personally happy with the the responses that you've prepared for them, and I think it's ready to go. 1737 04:51:39.240 --> 04:51:47.370 Community Hall: and so I move that we accept the response provided by the the city attorney. 1738 04:51:47.500 --> 04:51:49.929 Community Hall: And that we approve the response. 1739 04:51:50.210 --> 04:52:00.770 Community Hall: For the convenience versus compliance Brown Act risks to the Cupertino's meeting practices. Do I have a second? 1740 04:52:01.750 --> 04:52:03.660 Community Hall: Oh, I'll second that. 1741 04:52:04.700 --> 04:52:10.170 Community Hall: But I hope to propose a minor amendment. 1742 04:52:10.830 --> 04:52:13.790 Community Hall: I think on the response. 1743 04:52:14.770 --> 04:52:30.550 Community Hall: theâ€¦ because some of the recommendations specifically mention Council Procedures menu, but I don't think all of the written procedures even fit in the Council Procedures menu. So, if the response is. 1744 04:52:31.150 --> 04:52:44.630 Community Hall: we don't have to commit. It has to be council procedures menu, but we will just document it. I think that's the intent, either in the council procedures menu or city attorney handbook. 1745 04:52:45.060 --> 04:52:47.599 Community Hall: As appropriate. 1746 04:52:48.180 --> 04:53:08.009 Community Hall: So would that be acceptable? It's not really clear to me what you're suggesting. Suggest suggesting is in the response, we are not committing specific which document we would use to document the written procedure. Just we will document it. 1747 04:53:08.220 --> 04:53:21.149 Community Hall: I don't understand what you're what you're trying to get to with that. I'm concerned. We are putting a lot of this State law requirement, inserting them into council procedures manual. 1748 04:53:21.460 --> 04:53:25.899 Community Hall: It's the purpose of which is to 1749 04:53:26.080 --> 04:53:36.639 Community Hall: supposed supposed to be about how we conduct the Council meeting, not list all the legal requirement we needed for the Brown Act. So 1750 04:53:36.870 --> 04:53:40.229 Community Hall: I'm concerned because we have been 1751 04:53:40.450 --> 04:53:55.749 Community Hall: improving the process. We likely will continue to improve that. I don't want us to come back to update the Council Procedures Manual every time we add a particular requirement. So, I think this is aâ€¦ 1752 04:53:56.090 --> 04:54:02.819 Community Hall: administrative process that the city attorney's office can provide advice to us. 1753 04:54:03.030 --> 04:54:04.479 Community Hall: For most of it. 1754 04:54:04.950 --> 04:54:16.160 Community Hall: There might be one or two to a discretionary part that the city attorney may bring the handbook to give us options that we can approve. 1755 04:54:17.520 --> 04:54:35.649 Community Hall: But I think that we should separate the teleconferencing meeting procedure from the council procedures menu, because that applies also to supposedly commission meetings that also has teleconferencing. 1756 04:54:35.990 --> 04:54:36.660 Community Hall: Okay. 1757 04:54:38.020 --> 04:54:49.390 Community Hall: May interrupt through the mayor. Flexibility. So you're formally asking for us to document it in a city document. I'm just sayingâ€¦ As opposed to specifically saying which document. Yeah. 1758 04:54:49.890 --> 04:55:06.649 Community Hall: That's just provide us flexibility. We will document it as to which document we will decide. May I just quickly respond in the response to because I hear what you're saying in response to recommendation number 3. 1759 04:55:06.810 --> 04:55:08.650 Community Hall: They the. 1760 04:55:10.010 --> 04:55:13.840 Community Hall: Civil grand jury asked us to, 1761 04:55:13.970 --> 04:55:18.389 Community Hall: Specifically document. What are they asking for right here? 1762 04:55:19.310 --> 04:55:35.950 Community Hall: the details of the remote location. And our response is, the city will provide guidance identifying appropriate and inappropriate teleconference locations, and describing a council member's responsibilities for ensuring meaningful public access throughout a meeting. 1763 04:55:36.020 --> 04:55:42.550 Community Hall: It doesn't say in which document. Yeah, I think the only issue is the last response. 1764 04:55:42.670 --> 04:55:44.789 Community Hall: For the last page. 1765 04:55:45.370 --> 04:56:01.340 Community Hall: Response number 4. Number 4. Yeah. City disagrees with the characterization underlying this recommendation, but agrees that clarifying the City Council procedures manual will provide greater clarity. 1766 04:56:01.840 --> 04:56:13.620 Community Hall: greater certainty regarding future meetings, and that was in response to a recommendation that said Cupertino should amend its City Council Procedures Manual to clarify that. 1767 04:56:13.690 --> 04:56:27.049 Community Hall: Quorum requirements are governed by applicable law and are independent of teleconferencing participation, and teleconferencing is a discretionary accommodation subject to conditions that protect public rights. 1768 04:56:27.690 --> 04:56:41.009 Community Hall: So the grand jury specifically asked that we put those in the council procedures manual. I don't think that was the intent. I think their intent is just for us to document it. I think they 1769 04:56:41.280 --> 04:56:53.049 Community Hall: they didn't mention another way, because I think grand juries are not a people who doesn't know how really CD works. There are administrative procedures, there are 1770 04:56:53.050 --> 04:57:07.660 Community Hall: council discretionary procedures, right? So I think they just want us to document it some way. And I don't think they specifically mean you have to document in this particular menu. I think that wasn't the intent. 1771 04:57:07.720 --> 04:57:13.590 Community Hall: So we should, justâ€¦ just say we will agree To. 1772 04:57:14.820 --> 04:57:20.299 Community Hall: provide clarity in some written documentation. I think that would be fine. 1773 04:57:22.040 --> 04:57:35.609 Community Hall: For example, we can just say in the response, let me shareâ€¦ You're saying in the appropriate document. Just to clarify, so I'm not accepting the friendly amendment on this one, soâ€¦ 1774 04:57:35.970 --> 04:57:48.460 Community Hall: You can make a substitute motion. Okay? So the only thing I think we mentioned that in the response is, the city agrees with clarifying the city. 1775 04:57:48.870 --> 04:57:51.860 Community Hall: Council procedures menu. I think all we need is 1776 04:57:52.480 --> 04:57:56.370 Community Hall: The city agrees with clarifying city documents. 1777 04:57:56.490 --> 04:58:00.739 Community Hall: to provide greater certainty regarding future meetings. 1778 04:58:01.470 --> 04:58:21.330 Community Hall: So you just don't specify exactly which document. And this one is specifically about Brown Act requirement. This one is on recommendation 4. If you read that, it's specifically about things that really has nothing to do with council procedures. 1779 04:58:22.400 --> 04:58:33.309 Community Hall: Okay, okay, pardon, Vice Mayor, so I'm not accepting the friendly amendment. If you're making a substitute motion, please, do so at this time. Okay, then I'll make a substitute motion. 1780 04:58:35.660 --> 04:58:45.679 Community Hall: I think that's the only place where we specifically mentioned the council procedures menu. 1781 04:58:46.570 --> 04:58:50.999 Community Hall: Response to 1 c. Also mentioned the council procedures menu. 1782 04:58:54.020 --> 04:58:56.960 Community Hall: About teleconferencing location. 1783 04:58:57.320 --> 04:59:03.310 Community Hall: about this Cupertino should ensure access at the teleconferencing location. 1784 04:59:03.470 --> 04:59:05.750 Community Hall: To ensure it's maintained. 1785 04:59:06.560 --> 04:59:10.369 Community Hall: Here we are actually saying the CT. 1786 04:59:11.050 --> 04:59:14.490 Community Hall: Cannot maintain that. It's at the. 1787 04:59:17.140 --> 04:59:18.490 Community Hall: So. 1788 04:59:20.840 --> 04:59:25.250 Community Hall: Yeah, I guess so. My motion would be. 1789 04:59:27.240 --> 04:59:34.340 Community Hall: toâ€¦ In the response to not specifically mention. 1790 04:59:34.510 --> 04:59:36.360 Community Hall: Which document? 1791 04:59:39.910 --> 04:59:54.570 Community Hall: For example, here, this is response to recommendation. One C. The City Council can and will incorporate into city council procedures menu. I think we just need to say the city will 1792 04:59:55.000 --> 04:59:57.750 Community Hall: Document procedures. 1793 04:59:59.480 --> 05:00:02.580 Community Hall: That a remote council meeting should undertake. 1794 05:00:02.860 --> 05:00:03.800 Community Hall: That's all. 1795 05:00:09.210 --> 05:00:15.910 Community Hall: We wouldâ€¦ we will document. However we document, I think they don't have toâ€¦ 1796 05:00:19.010 --> 05:00:24.190 Community Hall: It could beâ€¦ Yeah, we willâ€¦ it willâ€¦ we will decide. 1797 05:00:24.740 --> 05:00:28.730 Community Hall: Howâ€¦ what's the appropriate way by December? 1798 05:00:28.920 --> 05:00:29.930 Community Hall: 15. 1799 05:00:31.560 --> 05:00:41.780 Community Hall: So that's my motion. I think these are the only 2 places where the response mentioned the Council procedure manual specifically. 1800 05:00:45.210 --> 05:00:56.259 Community Hall: So, so, Vice Mayor, you're only asking, through the Mayor, Vice Mayor, this, you're only asking for 2 changes in the response? Yeah. Okay, and it's in 1C and in 4, is that correct? Yeah. Okay. 1801 05:00:56.780 --> 05:01:06.320 Community Hall: And again, I think that the reason it specifically states that is because that was what the civil grand jury had asked us to do. 1802 05:01:08.450 --> 05:01:12.679 Community Hall: I realize we're not required to do what they say nonetheless. 1803 05:01:12.950 --> 05:01:17.650 Community Hall: Yeah, we are not doing exactly what they say anyway. 1804 05:01:17.820 --> 05:01:34.179 Community Hall: No, but the spirit of what they're asking for isâ€¦ isâ€¦ is being met. But the question is, is it in the right document? And that's what you're trying to clarify, Vice Mayor, is that correct? Yeah, I want to be sure the legal requirements is in, city attorney, handbook. 1805 05:01:34.360 --> 05:01:41.420 Community Hall: so that we don't confuse discretionary council procedures menu with legal requirement. 1806 05:01:44.460 --> 05:01:48.559 Community Hall: And also, I'm concerned there might be a need toâ€¦ 1807 05:01:48.710 --> 05:01:56.009 Community Hall: update the procedure as we have been doing, right? I don'tâ€¦ I can't foresee how ever 1808 05:01:56.310 --> 05:02:12.860 Community Hall: what other things we might want to decide. Okay, this will be better to to improve like the location. How to specify the better location. We don't have that yet, even if you propose some written guideline. 1809 05:02:13.030 --> 05:02:32.790 Community Hall: Maybe we have to adjust that, and you don't want to do that. Come back to the Council each time. I think we should trust the city attorney to make that judgment. I would suggest that it would be better for the city attorney's office to take direction from the Council on these sensitive points. 1810 05:02:32.790 --> 05:02:40.769 Community Hall: And so that is why I would prefer to see the Council weigh in. I think that 1811 05:02:40.950 --> 05:02:48.290 Community Hall: These are important to the Council. They are impacting how you interface with each other through your meetings. 1812 05:02:48.470 --> 05:03:05.709 Community Hall: And I think the city. My point is that that fine line does not have to be decided in the response to the civil grand jury. We will decide what goes in the council procedure, minister's menu, what goes in the city attorney. 1813 05:03:05.960 --> 05:03:07.250 Community Hall: Handbook. 1814 05:03:07.530 --> 05:03:09.030 Community Hall: On. 1815 05:03:09.490 --> 05:03:12.200 Community Hall: When weâ€¦ when the time comes. 1816 05:03:12.450 --> 05:03:15.969 Community Hall: This by the end of the year, right? 1817 05:03:18.960 --> 05:03:30.050 Community Hall: When you say we will decide, are you saying that the council will decide what will go in the city? Maybe you'll make a recommendation, and then we will decide if 1818 05:03:30.560 --> 05:03:32.660 Community Hall: Which portion goes in? 1819 05:03:32.950 --> 05:03:35.669 Community Hall: the Council Procedures menu or not. 1820 05:03:39.510 --> 05:03:50.300 Community Hall: I think that, that, that is probably a way that one could move forward, but I Nonetheless, appreciate the. 1821 05:03:50.600 --> 05:03:53.790 Community Hall: Authority of the Council Procedures Manual. 1822 05:03:54.020 --> 05:03:58.039 Community Hall: And the fact that it is a document adopted by the Council. 1823 05:03:59.270 --> 05:04:10.299 Community Hall: I understand. But, as you mentioned, even the city attorney's handbook, there could be legal requirement and some discretionary. 1824 05:04:10.500 --> 05:04:11.630 Community Hall: On. 1825 05:04:12.520 --> 05:04:16.660 Community Hall: Things that the council can decide or not. 1826 05:04:17.030 --> 05:04:24.589 Community Hall: And even theâ€¦ I think in the past, city attorney has advised the council on things that's notâ€¦ 1827 05:04:24.980 --> 05:04:30.939 Community Hall: beyond the legal requirement. And we have trusted the city attorney to do that. 1828 05:04:31.560 --> 05:04:41.759 Community Hall: And if there are things that if your attorney think you would require counsel guidance, then of course you can bring that to the counsel and get approval. 1829 05:04:41.870 --> 05:04:51.169 Community Hall: And so that's specific with implementation of teleconferencing. I think that's different from console procedures meaning. 1830 05:04:52.870 --> 05:05:10.059 Community Hall: Understood. So my point is for the response. I think we are not doing exactly what the civil grand jury request anyway. And so in our response, we shouldn't, because the civil grand jury 1831 05:05:10.460 --> 05:05:19.840 Community Hall: don't really know what's appropriate for which document. They only know about console procedures menu, because that's the only menu that's in existence. 1832 05:05:19.990 --> 05:05:27.009 Community Hall: So if they hadn'tâ€¦ so I think they did not intend for us to say, you have to do that. 1833 05:05:27.310 --> 05:05:34.020 Community Hall: Then the intent is just document it, soâ€¦ and publish, so that people know. 1834 05:05:34.210 --> 05:05:35.419 Community Hall: what to follow. 1835 05:05:35.670 --> 05:05:39.430 Community Hall: Yeah, that'sâ€¦ Councilmember Freeman 1836 05:05:42.910 --> 05:05:47.959 Community Hall: I wasn't sure if we were on a substitute motion, and if there was a second for it or not. 1837 05:05:48.240 --> 05:05:49.090 Community Hall: Oh! 1838 05:05:49.520 --> 05:05:51.800 Community Hall: I don't believe there's been a second. 1839 05:05:52.130 --> 05:06:00.119 Community Hall: Okay. One of the things I did broadly want to address is I think the document isâ€¦ 1840 05:06:00.400 --> 05:06:06.989 Community Hall: Legally adequate, but disappointing, because I think there's a lot of things that we could work through now that areâ€¦ 1841 05:06:07.150 --> 05:06:16.289 Community Hall: Valuable to us. One of the things that I think is really being missed here is that the Brown Act is a classic. 1842 05:06:17.240 --> 05:06:25.570 Community Hall: Jealously guarded open meeting law and one of the things that both the Attorney General and repeated opinions and the courts of appeal have. 1843 05:06:25.820 --> 05:06:34.940 Community Hall: Said repeatedly, is, and to quote a 2001 opinion on ADA, reasonable accommodation. 1844 05:06:35.060 --> 05:06:38.120 Community Hall: for remote appearance by a council member. 1845 05:06:38.830 --> 05:06:58.170 Community Hall: That came to the fore was the following, quote, no camera focused upon a member in a remote location close to the public may detect the presence of other influences, including persons within that location, and thus cannot, with similar effectiveness, serve the public's interest in curbing misuse of the democratic process, so 1846 05:06:58.900 --> 05:07:00.800 Community Hall: The point here is that. 1847 05:07:01.170 --> 05:07:08.369 Community Hall: Allowing excessive remote access for council members is in tension, fundamentally, with transparency. 1848 05:07:09.040 --> 05:07:23.699 Community Hall: And if there are other jurisdictions that are allowing their council members to appear remotely, a number of them have very specific restrictions on the number of times that it can be used. Palo Alto, for example, is cited in the report as offering 5. 1849 05:07:23.990 --> 05:07:31.830 Community Hall: Well, we only have a little over 20 meetings a year, as it is. That would already be quite generous. It's nearly a quarter of all meetings. 1850 05:07:32.020 --> 05:07:50.609 Community Hall: And so, to my mind, I think that it would be reasonable to enact a restriction like that. And part of the reason for that is rather simple. I hear a number of people saying, yes, youâ€¦ this rule allowing endless remote appearances by council members facilitates participation by people who have 1851 05:07:50.780 --> 05:07:59.210 Community Hall: You know, a job that takes them out of the country or out of the area very frequently. As somebody who works all the time and must do so in order to 1852 05:07:59.340 --> 05:08:09.349 Community Hall: make a living. I knew coming into the job that I would have to come to council meetings. It never occurred to me that I would be able to just appear remotely all the time. 1853 05:08:09.620 --> 05:08:17.150 Community Hall: I appreciate that there are folks who think that we should be able to do so more frequently, but under the Brown Act as it stands. 1854 05:08:17.270 --> 05:08:22.460 Community Hall: Only two of us would be able to do so at any given time, so you have to have a means for deciding 1855 05:08:22.730 --> 05:08:24.340 Community Hall: Who gets preference? 1856 05:08:24.520 --> 05:08:28.860 Community Hall: If you have many people who are going to be appearing remotely, and none of that 1857 05:08:29.050 --> 05:08:46.249 Community Hall: answers this separate concern about transparency. So I don't want us to lose sight of all of that. I think certainly for our commissions, giving them some additional leeway so that we can keep good commissioners, so that we can attract people into it, that makes a lot of sense to me. But their opinions are, with the exception of the Planning Commission. 1858 05:08:46.570 --> 05:08:48.259 Community Hall: almost always advisory. 1859 05:08:48.790 --> 05:08:55.230 Community Hall: Council is making actual decisions, and we need to be able to hold ourselves to an appropriate standard. 1860 05:08:55.510 --> 05:08:56.490 Community Hall: Soâ€¦ 1861 05:08:56.700 --> 05:09:07.579 Community Hall: And I don't want us to lose sight of that, so I would encourage everyone, as we develop the rest of these policies moving forward, in whatever form they do appear. 1862 05:09:07.710 --> 05:09:12.279 Community Hall: That we keep in mind that this is an equal animating force. 1863 05:09:12.460 --> 05:09:19.210 Community Hall: inside the Brown Act. I also separately want to concur with the mayor's view of you know. 1864 05:09:19.610 --> 05:09:21.149 Community Hall: Reaching out toâ€¦ 1865 05:09:21.340 --> 05:09:33.899 Community Hall: our legislative delegation in Sacramento and saying, hey, maybe you should amend this traditional rule, because it's not clear that it is serving its original purpose. It is sort of a tool being used for the wrong job. 1866 05:09:34.010 --> 05:09:39.270 Community Hall: And maybe we need to have a broader consensus on what tools should be available now. 1867 05:09:41.070 --> 05:09:41.920 Community Hall: Okay. 1868 05:09:46.660 --> 05:09:48.869 Community Hall: Thank you. Soâ€¦ 1869 05:09:50.150 --> 05:10:08.780 Community Hall: It is my preference that we would, when the Council procedures manual returns, that we have a discussion about the frequency that this could be used if we 1870 05:10:09.410 --> 05:10:17.449 Community Hall: care to have any restrictions put on it, and then we can all think about it, because I, you know, I've been weighing thisâ€¦ 1871 05:10:17.680 --> 05:10:23.860 Community Hall: You know, this back and forth between what the original intent of allowing the 1872 05:10:23.860 --> 05:10:42.890 Community Hall: traditional remote teleconferencing was versus how it's being used now. And then, with the technological advancements that we've had, the individuals who would have been members of the public at those remote teleconferencing locations now don't 1873 05:10:42.890 --> 05:11:02.429 Community Hall: need to rely just on that. In that case, it was a supervisor. They don't need to rely on their legislator in order to provide their access. They're able to do that themselves because technology has changed. So I think that would be a very interesting question and discussion. 1874 05:11:02.430 --> 05:11:09.269 Community Hall: for the procedures manual down the road. But I think at the present time. 1875 05:11:09.500 --> 05:11:17.580 Community Hall: we have. We need to respond to the civil grand jury, and I don't have a clear 1876 05:11:18.060 --> 05:11:24.450 Community Hall: take on which way we should go. It's something worth discussing. 1877 05:11:24.670 --> 05:11:42.549 Community Hall: andâ€¦ and perhaps, bring this up with our legislators in Sacramento, for whatâ€¦ what is the intentâ€¦ intent now versus, what the legislative intent was back when this was originally provided for. 1878 05:11:42.830 --> 05:11:43.890 Community Hall: Soâ€¦ 1879 05:11:44.030 --> 05:12:03.700 Community Hall: I am still wanting to see the the draft response to the civil grand jury approved and accepted at this time, and we can hold these other more complicated discussions for later. 1880 05:12:04.810 --> 05:12:07.700 Community Hall: See, Vice Mayor Chow? 1881 05:12:08.350 --> 05:12:26.629 Community Hall: Okay, thank you. So, I looked up the government code 54953, the so-called traditional rule. It does say that legislative body of a local agency may use teleconferencing for the benefit of the public. 1882 05:12:26.840 --> 05:12:40.080 Community Hall: and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. And, I don'tâ€¦ I couldn't find anywhere 1883 05:12:40.140 --> 05:12:55.949 Community Hall: it requires the local legislative body to adopt anything to allow teleconferencing, so I hope that can be clarified. But I have personally asked some candidates to run. 1884 05:12:56.260 --> 05:13:02.380 Community Hall: Some initially were interested, but then They. 1885 05:13:03.190 --> 05:13:12.040 Community Hall: They couldn't run because they are the main caretaker of their family. Then she has to travel to LA and Indian. 1886 05:13:12.820 --> 05:13:13.510 Community Hall: So. 1887 05:13:13.900 --> 05:13:18.950 Community Hall: onâ€¦ To take care of families and so she. 1888 05:13:19.740 --> 05:13:22.139 Community Hall: It's very unfortunate that. 1889 05:13:23.950 --> 05:13:27.600 Community Hall: That they are not able to consider. 1890 05:13:27.770 --> 05:13:35.460 Community Hall: to serve the public. And there are, we know now, Job security. 1891 05:13:36.080 --> 05:13:37.050 Community Hall: Is. 1892 05:13:37.190 --> 05:13:44.119 Community Hall: it's not always there. Some people, when they got elected, they have one job, they might have to 1893 05:13:44.980 --> 05:13:46.610 Community Hall: Switch jobs. 1894 05:13:46.830 --> 05:13:56.980 Community Hall: And whether you will be able to have to travel or not for the job that youâ€¦ Found. 1895 05:13:57.730 --> 05:13:59.240 Community Hall: is uncertain. 1896 05:13:59.500 --> 05:14:03.140 Community Hall: So to have this certainty is. 1897 05:14:03.250 --> 05:14:05.309 Community Hall: That we have toâ€¦ 1898 05:14:05.670 --> 05:14:26.039 Community Hall: I think if we set any limit, we are really discriminating people based on their profession. And also that I think the very first thing I learned when I got elected on the school board and repeatedly in all of the city council training was assume positive intent. That is what I'm not seeing. 1899 05:14:26.210 --> 05:14:36.030 Community Hall: When you are assuming the worst about people, you are assuming someone will somehow abuse the teleconferencing rule for their own convenience. 1900 05:14:36.210 --> 05:14:37.220 Community Hall: No. 1901 05:14:37.370 --> 05:14:40.989 Community Hall: Then, in reality, a council member would only 1902 05:14:41.860 --> 05:14:56.940 Community Hall: request to attend remotely because they have to, because of their job or family requirement. I think for anyone to assume people would abuse this, that's against the basic rule of city council 1903 05:14:57.230 --> 05:15:08.120 Community Hall: procedure is to assume positive intent. We should trust each other. We should trust each other that a council member will not abuse this rule. 1904 05:15:08.880 --> 05:15:16.330 Community Hall: And if we cannot do that, maybe we should revisit how we communicate with each other. 1905 05:15:17.170 --> 05:15:21.339 Community Hall: And another thing about transparency, I have to ask. 1906 05:15:21.490 --> 05:15:25.179 Community Hall: When the council is here in person, I'm on the dais. 1907 05:15:25.380 --> 05:15:38.869 Community Hall: I hardly ever have time to communicate with the public in a council meeting. We are here to conduct the public business, toâ€¦ weâ€¦ I cannot speak without being recognized by the mayor. 1908 05:15:38.970 --> 05:15:46.170 Community Hall: And so what transparency we are losing when a council member is attending remotely? 1909 05:15:49.130 --> 05:15:51.040 Community Hall: I have to ask, what? 1910 05:15:52.230 --> 05:15:56.250 Community Hall: The public can see all of us, but then they can see the council member 1911 05:15:56.360 --> 05:16:00.689 Community Hall: On the television at all time also, 1912 05:16:01.630 --> 05:16:12.240 Community Hall: The only thing I think that's lacking is for the council member who is attending remotely, they cannot read the room sometimes, so that'sâ€¦ 1913 05:16:12.250 --> 05:16:24.350 Community Hall: a disadvantage for the council members. However, I cannot see what exactlyâ€¦ what transparency we are losing for council members to attend remotely. And another thing is. 1914 05:16:24.690 --> 05:16:27.000 Community Hall: Many companies in. 1915 05:16:27.870 --> 05:16:32.290 Community Hall: For many companies, teleconferencing is the norm. 1916 05:16:32.520 --> 05:16:42.930 Community Hall: But there are teams that's located in multiple locations. So there is currently a requirement of a quorum at 1917 05:16:43.080 --> 05:16:53.149 Community Hall: the meeting location. Who knows, maybe in the future, that's not even a requirement, because more and more, we have distributed workforce. 1918 05:16:53.500 --> 05:17:01.889 Community Hall: So I think sticking to this norm, because you don't, you are assuming the worst about another council member. 1919 05:17:02.120 --> 05:17:08.349 Community Hall: I really have to ask each of the council member to look inside yourself. Are you 1920 05:17:08.830 --> 05:17:17.920 Community Hall: Are you really assuming positive intent? Are you trusting your council members to make judgment? 1921 05:17:18.150 --> 05:17:21.589 Community Hall: about their attendance. Thank you. 1922 05:17:21.880 --> 05:17:32.809 Community Hall: Thank you, Vice Mayor. I do want to point out that we do not have in our response to the sole grand jury comments about the 1923 05:17:32.970 --> 05:17:54.190 Community Hall: frequency at all. We're not making that judgment at this time, and I do find some of your comments rather insulting to the rest of us, considering that's not being a discussion point this evening, and that, as I said, it would come up during the council procedures discussion at a later date. 1924 05:17:54.200 --> 05:17:58.330 Community Hall: Councilmember Mohan, you're next, and then Councilmember Freund. 1925 05:17:58.670 --> 05:18:04.010 Community Hall: Yeah, no, I just, wanted to make sure weâ€¦ wrap this up. 1926 05:18:04.580 --> 05:18:14.020 Community Hall: We have a grand. We have a response to the grand jury report, and there are some timelines that we need to adhere to, and I think the the 1927 05:18:14.130 --> 05:18:16.480 Community Hall: Our response, the draft that 1928 05:18:16.780 --> 05:18:21.240 Community Hall: We see before us is adequate for the purposes of meeting the deadline. 1929 05:18:21.330 --> 05:18:41.019 Community Hall: Certainly there's a lot of conversation that we can have about restrictions or no restrictions. We've seen the example of San Jose where they don't allow teleconferencing. Then we look, we know the example of Palo Alto, which restricts these to 5 meetings. So there's a considerable 1930 05:18:41.040 --> 05:18:49.029 Community Hall: amount of discussion that could take place, and I'm not sure that today's the day for all of that. So, myâ€¦ 1931 05:18:49.090 --> 05:19:05.309 Community Hall: The recommendation is that we go with the submitting the grand jury report response, because we do have to meet those deadlines and then come back at a later date and amend the council procedures. 1932 05:19:06.570 --> 05:19:08.629 Community Hall: Thank you. Councilmember Fruman. 1933 05:19:09.920 --> 05:19:20.500 Community Hall: Yeah, I just want to recall the words of the AG. These are not words of any particular council member, and they're not focused on any specific council member, but the AG is speaking in the abstract. 1934 05:19:20.820 --> 05:19:26.569 Community Hall: And the concern about transparency is as follows. No camera focused upon a member 1935 05:19:26.670 --> 05:19:45.609 Community Hall: in a remote location closed to the public may detect the presence of other influences, including persons within that location, and thus cannot, with similar effectiveness, serve the public's interest in curbing misuse of the democratic process. That's the nature of an open meeting law. It assumes 1936 05:19:46.380 --> 05:19:51.540 Community Hall: That corruption can occur, that's why you have the meeting in public. 1937 05:19:51.990 --> 05:20:01.260 Community Hall: So, that's not about council members believing or disbelieving, or assuming good or poor intent from someone else. That is the assumption built into the law. 1938 05:20:01.840 --> 05:20:07.090 Community Hall: And I want everyone to remember that that is a separate concern in the Brown Act. 1939 05:20:10.120 --> 05:20:17.530 Community Hall: All right, Madam City clerk. We do have a motion and a second for the recommended action. Correct. 1940 05:20:19.240 --> 05:20:27.180 Community Hall: Correct, Mayor. Okay, so I am the only hand raised at this time. Madam City Clerk, will you please set the voting panel, and we will vote. Oh. 1941 05:20:27.580 --> 05:20:30.179 Community Hall: Can we? Can you repeat the motion? 1942 05:20:30.370 --> 05:20:32.740 Community Hall: It is the recommended action. 1943 05:20:33.510 --> 05:20:36.200 Community Hall: to accept the 1944 05:20:36.310 --> 05:20:48.029 Community Hall: Let's go back to it. To approve the response to the 2026 Civil Grand Jury of Santa Clara County, entitled Convenience versus Brown Act Risks and Cupertino's Meeting Practices. 1945 05:20:49.390 --> 05:20:50.080 Community Hall: Okay. 1946 05:20:52.620 --> 05:20:53.620 Community Hall: Please vote. 1947 05:20:58.860 --> 05:21:11.070 Community Hall: The motion carries unanimously. All right, thank you very much. And at this time, the July 7th, 2026 regular meeting of the Cupertino City Council is adjourned.