HomeMy WebLinkAboutCC 06-16-2026 Youtube and Zoom TranscriptYoutube and Zoom Transcript
https://youtu.be/_cI9HxYYF6Q?si=jLL4L9cCFO3u9m4h
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Community Hall: Real life.
200:00:28.540 --> 00:00:34.440Community Hall: Good evening, it is 6.45, and I call this regular Meeting of the Cupertino City Council to order.
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Community Hall: Please rise for the Pledge of Allegiance.
400:00:40.260 --> 00:00:52.850Community 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.
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Community Hall: Madam City Clerk, will you please call the roll? Councilmember? Here. Councilmember Mohan? Here.
600:01:01.400 --> 00:01:02.909Community Hall: Councilmember Wongk? Here.
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Community Hall: Vice Mayor Chao? Here. And Mayor Moore?
800:01:05.710 --> 00:01:10.470Community Hall: Present. Thank you. Madam City Attorney, do we have a closed session report?
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Community Hall: We do. This evening, Council met in closed session, and they discussed all the items on the
closed session agenda, and there was no reportable action taken. Thank you.
1000:01:22.320 --> 00:01:23.880Community Hall: All right, thank you.
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Community Hall: So, while we do not have ceremonial items this evening, I will be adjourning today's
meeting in memory of Major Robert Bolton D, and I will read about him now. Thank you to Dennis Whitaker for providing this information.
1200:01:43.440 --> 00:01:48.310Community Hall: Major Robert Bolton Rogers D, 40.
1300:01:48.500 --> 00:01:50.690Community Hall: Passed away on June 15th.
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Community Hall: 2026,
1500:01:53.520 --> 00:02:02.420Community Hall: during a routine B-52 test flight at Edwards Air Force Base, California, while serving as a United States Air Force test pilot.
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Community Hall: Robert was born October 10th, 1985, in Santa Monica, California, and moved to Cupertino,
California in 1988.
1700:02:11.260 --> 00:02:15.319Community Hall: He loved Cupertino and had deep roots here.
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Community Hall: He always referred to Cupertino as his hometown.
1900:02:19.450 --> 00:02:37.309Community Hall: He graduated from Apple Computer Preschool, Grammar School at FREA A+, Middle School at Kennedy, and then Monta Vista High School in 2004. While at Monta Vista, he played football for 4 years and was CCS All-League Player.
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Community Hall: He was a Cupertino Boy Scout Troop 470, and earned the rank of Eagle Scout.
2100:02:44.050 --> 00:02:56.749Community Hall: He continued his education at De Anza College, where he earned associate degree in the automotive field and obtained his ASE certification. He later earned a Bachelor of Science in Mechanical Engineer
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00:02:56.750 --> 00:03:06.529Community Hall: engineering from San Jose State University, and in 2014, he completed a Master's of Science in Mechanical Engineering from Stanford University.
2300:03:07.020 --> 00:03:22.089Community Hall: Commissioned through the San Jose State Stanford University Air Force ROTC program on
June 23, 2014, Major D completed pilot training at Laughlin Air Force Base and was selected to fly the B-52H
StratoForestress.
2400:03:23.010 --> 00:03:34.410Community Hall: After completing B-52 formal training at Barksdale Air Force Base, Louisiana, he was
assigned to the 23rd Bomb Squadron in the 5th Bomb Wing at Minot Air Force Base, North Dakota.
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Community Hall: From February 2017 through May 2023, Major D served as a B-52 pilot, Weapons and Tactics Officer, Wing Data Link Manager, and Instructor Pilot for the 5th Operations Support Squadron.
2600:03:51.920 --> 00:04:08.989Community Hall: During his time at Minot, he deployed to Guam in 2019 and took part in operations
supporting the United States' withdrawal from Afghanistan in 2021. His leadership significantly enhanced the
B-52's tactical data link capabilities and combat readiness across the wing.
2700:04:08.990 --> 00:04:24.229Community Hall: Major D then went on to earn a Master of Science in Flight Test Engineering from the prestigious U.S. Air Force Test Pilot School in 2024, and was assigned to the 419th Flight Test Squadron at Edwards Air Force Base in California.
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Community Hall: There he served as a B-52 test evaluator pilot, chief of B-52 test, and chief of training. His
work was instrumental in modernizing the B-52 fleet, including leading the first flight of a new radar system.
2900:04:38.380 --> 00:04:46.360Community Hall: and accelerating certification of critical data link and braking system upgrades that will support the B-52 for decades to come.
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Community Hall: A command pilot with more than 1,800 total flight hours, including 326 combat hours, Major D flew for more than 30 different aircraft throughout his career. His military decorations include the Air Force Commendation Medal with one oak leaf cluster, and Space Achievement Medal.
3100:05:05.580 --> 00:05:17.829Community Hall: and the Air and Space Recognition Medal. His colleagues remember him as an exceptional
leader, brilliant aviator, trusted mentor, and friend who set the standard for professionalism and excellence.
3200:05:18.130 --> 00:05:21.609Community Hall: He died, along with 7 others.
3300:05:22.080 --> 00:05:24.990Community Hall: On June 15th, 2026.
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00:05:26.660 --> 00:05:31.750Community Hall: When the B-52H they were testing suffered a tragic accident.
3500:05:32.070 --> 00:05:43.150Community Hall: On takeoff at Air Force… Edwards Air Force Base in California, the cause of the crash is still under investigation. Their loss is significant to the U.S. Air Force B-52 program.
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00:05:43.890 --> 00:05:46.230Community Hall: He is survived by his wife, Ashley.
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Community Hall: and 3 children, Beverly, Eleanor, and Corbin, as well as his parents, Leslie D. Jeffries, and
Mike D, and several brothers and sisters, nieces, and nephews.
3800:05:58.480 --> 00:06:00.909Community Hall: We will be providing a proclamation.
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Community Hall: for Major D's family, And I thank Dennis Whitaker for letting us know about this tragic
accident.
4000:06:09.720 --> 00:06:11.600Community Hall: Next.
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Community Hall: We move on to postponements and orders of the day. I move to postpone Item 7, the
McClellan Bridge, to wait further information regarding the request for a bridge underpass into the McClellan
Preserve. Do I have a second?
4200:06:26.210 --> 00:06:32.700Community Hall: Second. Thank you, Madam City Clerk. I believe, Madam City Attorney, we moved straight to the vote on this item.
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Community Hall: Yes. Thank you. Madam City Clerk, will you please set the voting panel for the vote?
4400:06:46.660 --> 00:06:47.849Community Hall: Great, thank you.
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Community Hall: Motion carries unanimously. Great, thank you. Next is Oral Communications. Madam City
Clerk, how many speaker cards do we have?
4600:07:18.440 --> 00:07:21.510Community Hall: We received a… we received a few more. 1, 2…
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Community Hall: 5, 6… 7 in person, Mayor, and at this time, I don't see any requests to speak virtually.
4800:07:33.310 --> 00:07:56.999Community Hall: All right, let's begin. Madam Mayor, may I just make a quick statement about the oral
communication? Yeah, yes, please. Thank you. On the agenda, agenda Item Number 3, pertains to the
approval of the final map, the subdivision improvement agreement, and, the acceptance or abandonment of various public easements. That item is a narrow item.
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Community Hall: It's specifically those three aspects of the RISE project. So, if anybody has public comment
on any other aspect with respect to the RISE comment, the time to do that would be now during, this,
general oral communications period. Thank you very much.
5000:08:12.830 --> 00:08:27.639Community Hall: Okay, thank you, Madam City Attorney. So, to clarify, if you want to speak about the sound wall, or conditions of approval, oral communications is the time to do that. Yes, thank you. Thank you. And trees. And trees.
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00:08:28.210 --> 00:08:28.930Community Hall: Alright.
5200:08:29.060 --> 00:08:31.069Community Hall: Thank you, Madam City Clerk.
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Community Hall: Yes, so I'll read the instructions regarding oral communications, and Mayor, we now have
5400:08:37.110 --> 00:08:39.679Community Hall: Right now, I see two hands raised virtually.
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Community Hall: So 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.
5600:08:57.940 --> 00:09:17.019Community Hall: Individual speakers are limited to 3 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-her 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.
5700:09:17.020 --> 00:09:23.549Community Hall: A council member may, however, briefly respond to statements made or questions posed by speakers. A council member may also ask
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Community Hall: 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 City Council agenda in response to public comment. And as a reminder, members of the public wishing to speak regarding oral communication shall submit a request to speak card or raise their hand virtually within the first 9 minutes of
the start of public comment, or before the public comment period is closed, whichever comes first.
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Community Hall: So, at this time, we will, welcome Toby, Levitt?
6000:09:55.150 --> 00:10:03.499Community Hall: Followed by Sid Rajaram, followed by Sub… Subixha, Subixha. So we will welcome Toby.
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Community Hall: Thank you. It's always tough to be first.
6200:10:06.550 --> 00:10:28.760Community Hall: Good evening. My name is Toby Levitt, I'm Executive Director of the San Francisco Shakespeare Festival, and I'm here to invite you to the show! Free Shakespeare in the Park Begins performances in Memorial Park, this weekend. We will perform at 6 p.m. this Saturday and Sunday, and the
next two weekends through August 9th.
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00:10:29.030 --> 00:10:42.680Community Hall: The play is Antony and Cleopatra by William Shakespeare. This tragic love story begins with history's ultimate power couple fawning all over each other with PDA that makes their entourage cringe.
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Community Hall: Their love challenges loyalty, tests ambition, and reshapes the course of history. We look
forward to offering audiences a compelling exploration of power, sacrifice, and the enduring tension between
the heart and the state.
6500:11:00.200 --> 00:11:11.579Community Hall: By the end of the tragedy, geopolitics has so upset Antony and Cleopatra that each is pledging to slay themselves over the presumed loss of the other.
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Community Hall: Think grown-up Romeo and Juliet in Rome and Egypt, rather than Verona.
6700:11:17.360 --> 00:11:25.679Community Hall: Memorial Park has hosted Free Shakespeare in the Park since 1993, and this wouldn't be possible without your leadership.
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Community Hall: I would like to offer my sincere thanks to the Council for your support, for your advocacy.
6900:11:31.830 --> 00:11:51.130Community Hall: I'm also grateful to Cupertino Parks and Rec Department. From the gardeners to the director, we are grateful to them for their support. And I would like to thank the Cupertino Chamber of Commerce and local sponsors San Jose Water, the Cupertino Library Foundation, Heidelberg Materials, Pineapple Tie, Yum.
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00:11:51.300 --> 00:12:10.940Community Hall: and applied materials. You can help by spreading the word. There's a downloadable flyer on the SF Shakeshakes website, sfshakes.org, and an event you can share on Facebook and Eventbrite. For those of you here with me today, I do have some schedule cards. Thank you so much. I look forward to seeing you in the park.
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00:12:13.290 --> 00:12:14.879Community Hall: Thank you, Toby.
7200:12:14.980 --> 00:12:17.449Community Hall: Next, we will welcome Sid Rajaram.
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Community Hall: Followed by Spruce Sviksha, followed by Aisha Qasemsei.
7400:12:22.610 --> 00:12:23.790Community Hall: Welcome, Sid.
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Community Hall: Thank you.
7600:12:25.370 --> 00:12:38.149Community Hall: Evening, Council. My name is Sid Rogeram. I'm the chair of the Public Safety Commission, and today I'm basically here to, recommend that the Council throw its weight
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Community Hall: In the fight against online fraud, and abuse. So, we actually voted, back in May, that we
make this as an official recommendation, to the Council, and really, it was sort of,
7800:12:52.260 --> 00:13:03.979Community Hall: catalyzed by some troubling stats that we received from the Sheriff's Department, both in May as well as in our July meeting. And kind of the, you know, the long shot of it is that
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Community Hall: this year, robberies and burglaries are trending significantly down compared to years prior, which is great. But what's very interesting is that identity theft and fraud are actually spiraling upwards, and we received a very interesting presentation from
8000:13:23.280 --> 00:13:34.159Community Hall: a detective at the sheriff's office, who gave us some more detailed stats, and it actually
showed that in fiscal year 25, in the state of California.
8100:13:34.600 --> 00:13:52.670Community Hall: the total damages, at least reported damages, from, like, online frauds and scams totaled around $3.6 billion, and that they're projected to reach $18 billion in fiscal year 26. That's a four-fold
increase, and according to them, and, like, experts, and
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Community Hall: pretty much anyone you ask. This can be attributed to two letters, AI. There's no sign of any kind of breaks or any kind of…
8300:14:01.890 --> 00:14:15.839Community Hall: you know, action being taken on this in the private sector, so it seems that the
responsibility falls on us, as Commission members, as council members, to spread the word and to
recommend, allocation
8400:14:15.840 --> 00:14:25.280Community Hall: For city resources towards creation and distribution of materials to the public about the dangers and things to look out for, similar to
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Community Hall: how in the 2010s, we used to recommend, you know, like, changing passwords and that
kind of thing. A new set of,
8600:14:31.910 --> 00:14:40.979Community Hall: sort of recommendations and playbooks are probably, exigent for this new class of, dangers. That's our official recommendation. Thank you.
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Community Hall: Thank you, Sid. Next, we will welcome Subiksha.
8800:14:48.090 --> 00:14:50.950Community Hall: Followed by Aisha, followed by Marcus.
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Community Hall: Good evening, Mayor Moore and members of the City Council. Thank you for the
opportunity to speak tonight. My name is Sabiksha Sri, a resident and rising sophomore at Cupertino High,
and I'm one of the interns for the City Council running under the guidance of Vice Mayor Chao and Councilmember Wing.
9000:15:17.580 --> 00:15:22.419Community Hall: As part of our internship program, we had prepared a survey and reached out to the residents.
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00:15:22.500 --> 00:15:30.519Community Hall: of Cupertino across three occasions. One at the 4th of July event, another at the library, and recently at the camp out at Creekside Park.
9200:15:30.610 --> 00:15:50.069Community Hall: From the findings, we have discovered that some of the information about city issues and
events don't truly reach the entire population. As a survey question, we asked how residents usually learn
about such events, and the most common response was through friends and neighbors, with 46% of
respondents in social media with 40%.
9300:15:50.790 --> 00:16:04.549Community Hall: Even with multiple forms of public relations, about 22% of residents do not hear and
receive this information, proving as a barrier for community interaction. Furthermore, when asked about one
issue in Cupertino that
9400:16:04.660 --> 00:16:23.650Community Hall: They would like City Council members to pay more attention to. A frequent response that was brought up was the need for better public relations across multiple platforms. Based on this finding, I was curious if there was any other way to highlight and promote information regarding the city onto different social media platforms.
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Community Hall: for younger generations, and perhaps old-fashioned way, with flyers to common community places for older seniors. Thank you so much for your service. Thank you.
9600:16:37.560 --> 00:16:43.830Community Hall: Thank you. Next, we will welcome Aisha, followed by Marcus, followed by Casey. Welcome,
Aisha.
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00:16:53.120 --> 00:17:05.260Community Hall: Good evening, Mayor, Vice Mayor Chao, and members of the City Council. My name is Aisha Kazemstetti, and I'm a rising sophomore at Cupertino High School. This summer, I have been participating in a community outreach and policy internship.
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Community Hall: Internship, with the guidance of Vice Mayor Chao and Councilmember Wang.
9900:17:09.260 --> 00:17:24.080Community Hall: As part of this internship, we conducted a community survey to learn what residents value about Cupertino and what issues they believe deserve more attention. We received more than 50 responses, and 80% of them were Cupertino residents. However, two findings stood out for me.
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Community Hall: First, safety was one of the strongest priorities. Public safety received an average rating of
4.84 out of 5, and traffic safety received an average of 4.74 out of 5. Residents also mentioned concerns about walking conditions, bicycle safety, traffic, and children using electric bikes.
10100:17:41.460 --> 00:18:06.379Community Hall: This matters because safety affects how people experience the city every day. It influences whether children can travel safely to school, whether older adults feel comfortable walking, and whether
families can enjoy parks and public spaces. The second finding involved young people and schools. Some
respondents expressed concern about declining school enrollment, school funding, and many more. Others
asked for more youth programs, volunteer opportunities, and activities that help young
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Community Hall: people become involved in the community. Although the city does not directly manage the school districts, it can still support young people by partnering with schools and community organizations and by expanding opportunities for youth participation.
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Community Hall: My main reflection from this project is that many residents' concerns are connected to what
they already value about Cupertino. It's safety, schools, parks, and most importantly, a sense of community.
10400:18:30.500 --> 00:18:40.169Community Hall: I encourage the Council to continue strengthening traffic safety and creating meaningful opportunities for young people to participate in the future of the city. Thank you for the opportunity to speak here.
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00:18:43.610 --> 00:18:49.490Community Hall: Thank you. Next, we'll welcome Marcus, followed by Casey, followed by Shreya?
10600:18:58.050 --> 00:19:00.310Community Hall: Good evening, members of the City Council.
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Community Hall: I am also part of the City Council Student Internship Program that is being
10800:19:06.870 --> 00:19:11.229Community Hall: Hosted this summer, and we put out a survey at
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Community Hall: We put out a survey during the Can't… Cupertino campout?
11000:19:18.470 --> 00:19:21.490Community Hall: And we got a lot of responses, and…
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Community Hall: I… after looking through these statistics, a couple… a couple of them seemed to stick out to
me, and I figured that they had to connect in some way.
11200:19:32.350 --> 00:19:41.299Community Hall: So, when people were asked how long they had been coming to these community events, 34% of respondents said it was their first time attending.
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Community Hall: Another question asked whether they worked in Cupertino or outside the city, and 74%
said that they work outside of Cupertino.
11400:19:49.870 --> 00:20:00.390
Community Hall: One of the main things I believe that attracts people to our city is school districts, safe
neighborhoods, and the opportunities provided by big tech.
11500:20:00.910 --> 00:20:11.869Community Hall: However, many residents do not actually work in Cupertino, and instead commute to jobs
in other cities. This could explain why so many people were attending a community event for the first time.
11600:20:12.110 --> 00:20:19.070Community Hall: They may have simply… Had fewer opportunities to participate because of their work schedules.
11700:20:19.690 --> 00:20:30.119
Community Hall: Another statistic that supports this belief is that the largest number of respondents said that
they heard about the event through friends or neighbors being word of mouth.
11800:20:31.760 --> 00:20:44.350Community Hall: In addition, when residents were asked what they loved most about Cupertino, the most common themes were its safety, parks, libraries, school fam- schools, family-friendly atmosphere, and strong sense of community.
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Community Hall: These responses show that people value the quality of life the city provides, and
community events help strengthen those connections.
12000:20:54.090 --> 00:21:04.660Community Hall: Surveys showed that public safety received the highest average importance rating, a 4.84 out of 5, followed closely by traffic safety, 4.74 out of 5, Parks and Rec.
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Community Hall: 4.62 out of 5. This would suggest that residents place a high priority on maintaining a safe, family-friendly community while continuing to invest in public spaces that bring people together.
12200:21:16.600 --> 00:21:25.819Community Hall: Based on these findings, I believe that the city should focus on making community events
more engaging, memorable, and enjoyable than ever before.
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00:21:26.480 --> 00:21:44.449Community Hall: If people have a great experience, they will continue talking about these events with their friends, families, neighbors, and their coworkers. Since word of mouth is already the most common way people hear about these events, creating memorable experiences can help attract even more first-time attendees and encourage them to return in the future.
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Community Hall: Thank you.
12500:21:47.910 --> 00:21:53.689
Community Hall: Thank you, Marcus. Next, we will welcome Casey, followed by Shreya, followed by Rhoda.
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Community Hall: Welcome, Casey.
12700:21:58.320 --> 00:22:13.630Community Hall: Good evening, Mayor Moore, Vice Mayor Chao, and members of the City Council. I'm Casey Chen, a rising sophomore from Limbrook High School. I'm also a student intern with the summer program
internship led by, Vice Mayor Chao and Mr. Ray.
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00:22:13.660 --> 00:22:19.779Community Hall: Over the past few weeks, our cohort has been going out and gathering community feedback through our survey.
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Community Hall: Tonight, I want to share how our data relates to us students and overall community.
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00:22:24.370 --> 00:22:48.939Community Hall: First, traffic and pedestrian safety receive top priority scores in our survey data. As a student, I see this every day. The morning traffic guards do an incredible job controlling traffic and keeping us safe while crossing the road. However, after-school hours are a different story. I personally know a few students who have already had their safety compromised while biking home, highlighting an urgent need for better infrastructure and safety guidelines for students on public roads.
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Community Hall: Especially with new electric bikes and student drivers. Secondly, we recorded a prominent community concern regarding local education, housing, and development. I know my high school is quite well known for experiencing shrinking school enrollments and declining funding.
13200:23:05.250 --> 00:23:18.399Community Hall: This doesn't just impact students in the classroom through cut programs, but it also deeply
worries parents because declining school resources eventually depresses local housing values, as our top-tier
schools are what drive families to invest
13300:23:18.400 --> 00:23:28.789Community Hall: in Cupertino neighborhoods. To address these interconnected youth and community concerns, I have a few suggestions. First, we can expand funded traffic guard
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Community Hall: hours to cover the chaotic after-school dismissal windows, and we can form a joint task
force between city council and local school districts asked explicitly
13500:23:38.980 --> 00:23:48.159Community Hall: I'm tasked explicitly with solving the enrollment crisis, rather than just having standardized meetings. Thank you for your time, have a good night.
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Community Hall: Thank you. Next, we welcome Shreya, followed by Rhoda.
13700:24:09.200 --> 00:24:27.859Community Hall: Good evening, Mayor, Vice Mayor, and members of the City Council. My name is Treya, and
I am an intern in the City Council's Community Outreach and Policy Internship Program this summer. As a
part of this program, my fellow interns and I conducted outreach during the Pancake Breakfast and Flag
Raising event that occurred during the City's 4th of July celebrations.
13800:24:27.860 --> 00:24:36.380Community Hall: Specifically, we asked residents to complete an online survey to help us understand the issues that Cupertino residents want the Council to prioritize.
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Community Hall: Observing the data from this particular survey afterwards, I noticed a trend.
14000:24:41.580 --> 00:24:50.600Community Hall: Many residents used the survey to discuss housing policy. Notably, residents had divided viewpoints. While some residents emphasized the importance of affordable housing.
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Community Hall: Some of the responses protested against new housing and development projects, while yet
others brought up related issues such as rent control and homelessness within the city. In a different question, we asked residents about how important the issue of housing and development was on a scale of 1 to 5.
14200:25:05.360 --> 00:25:11.990
Community Hall: Over half of respondents, 52% to be exact, gave it a 5, the highest possible level of
importance.
14300:25:12.360 --> 00:25:21.110Community Hall: Through the survey, Cupertino residents made their voices heard, letting the council know that housing is a salient issue that affects their lives on a daily basis.
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Community Hall: While we may not all agree on the solution, the dissent is inherent in democracy. We
cannot ignore this issue. Instead, we need to facilitate civil discourse, increase our community outreach
efforts, and work together to find common solutions that serve the needs of all Cupertino residents, and emphasize the long-term interests of the city we call home.
14500:25:41.840 --> 00:25:43.310Community Hall: Thank you for your time.
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Community Hall: Thank you. Next, we welcome Rhoda Fry.
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Community Hall: Hi, good evening. I've got about 4 points this evening. First, thank you for your con… your continued support of the,
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00:25:59.220 --> 00:26:15.020
Community Hall: San Francisco Shakespeare in the Park, and you can find out more about it through
sfshakes.org, and that's S as in San and F as in Francisco. Good to see Toby here again, and it's been a
long-standing,
14900:26:15.020 --> 00:26:20.160Community Hall: tradition of Cupertino. The second thing was, it's so good to hear that,
150
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Community Hall: That Vice Mayor, Chao and…
15100:26:24.620 --> 00:26:40.030Community Hall: Councilmember Wong has done this… this internship program for students. What a great way, for… to bring up our future leaders here, and also a great opportunity for the students. It's really nice to see the collaboration, so I want to thank you for that.
152
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Community Hall: And, lastly, another thank you for,
15300:26:45.230 --> 00:27:03.399Community Hall: talking about what we could speak with regard to Valco. So when I saw this thing, two things came to mind. I do hope you look at Peggy Griffin's, commentary, regarding… regarding the wall issue. This is something that was… has been long-standing there for that neighborhood, and
154
00:27:03.400 --> 00:27:17.010Community Hall: I do believe it needs to be preserved. The other thing that came to mind that I've spoken with this body numerous times, although a body with different people on it, which is why I'm bringing it up again today, is that…
15500:27:17.620 --> 00:27:25.619
Community Hall: When this program has been continually… has continually changed, but also continually
grandfathered in.
15600:27:26.310 --> 00:27:43.889Community Hall: one with… with… with fees. And fees, these are mitigation fees, which are intended to make up for the costs that we would have in… in having this development. So it's not… it's not taxes, it's… this is something that…
157
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Community Hall: effects… that impacts the community. So…
15800:27:48.940 --> 00:28:05.759
Community Hall: you know, if… so if we have to put in sidewalks and things like that. And anyway, so
mitigation fees are really important, and because these fees had been established a long time ago, and now the costs have gone up, we, the residents, are going to wind up having to subsidize this project.
159
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Community Hall: which has morphed into something very much different. And I'm hoping that this body can
16000:28:10.930 --> 00:28:16.250Community Hall: Once again, take a… take a look at this, because mitigation fees are important.
16100:28:16.250 --> 00:28:20.830
Community Hall: And I can't speak more about… enough about them. The other thing…
162
00:28:20.920 --> 00:28:31.189Community Hall: Regarding this project, I guess this makes number 5, and this was my primary, primary thing, is I was really alarmed the last time I took a look at this project that
16300:28:31.310 --> 00:28:38.090
Community Hall: The… that there was going to be a freeze on the building codes from a really long time
ago.
16400:28:38.250 --> 00:28:40.599Community Hall: We want our buildings to be current.
16500:28:40.840 --> 00:28:54.070
Community Hall: And the other thing is, by using old building codes, it makes a really, really hard for our
building department to figure out which code they're in when they come in to do inspections, when they're
doing new codes for fire, old codes for building.
16600:28:54.300 --> 00:28:55.160Community Hall: Thanks.
167
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Community Hall: Thank you, Rhoda.
16800:28:57.820 --> 00:29:12.169Community Hall: And Mayor, we'll move into the request to speak virtually. We have, 3 hands raised within the first 9 minutes. We will welcome Harvey McKeon, followed by Jennifer Griffin, followed by Call-In User 1. So at this time, we will welcome Harvey.
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Harvey McKeon: Hey, can you hear me?
17000:29:16.800 --> 00:29:17.359Community Hall: We can hear you.
17100:29:17.890 --> 00:29:36.849Harvey McKeon: Thank you very much. My name's Harvey McKeown, I'm from the North Coast States Carpenters Union. I'm commenting on something that's on the consent calendar, but I'm following the City Attorney's instructions in that I'm going to speak about it since the item related to the rises as, you know,
quite…
17200:29:36.850 --> 00:29:48.540Harvey McKeon: rightly put, very narrow on the consent calendar. But anyway, I am talking about something that is, very specific, one specific commitment in the project's own settlement agreement.
17300:29:49.280 --> 00:29:52.129
Harvey McKeon: And a question tonight the staff report doesn't answer.
17400:29:52.150 --> 00:30:04.459Harvey McKeon: I don't want to go through the whole timeline of this project, but, you know, in very short terms, in July 2024, the City and Valco property owner entered a settlement
17500:30:04.460 --> 00:30:26.870
Harvey McKeon: resolving the project's development fee obligations. Section 6C of that agreement provides
that if the developer later modifies the agreement under SB35, the city is to re-evaluate the modification's
impact on affordable housing demand using the methodology in Exhibit D of that agreement, and to
subsequently charge
17600:30:27.370 --> 00:30:52.199Harvey McKeon: any resulting below-market rate fee before court and shell permits are issued. So, you know, in February of this year, the Council approved a third modification to the project, and that reduced the
project's affordable housing from 890 units to 356, so that's a two-thirds cut, while increasing the market
rate units. And on its face, that
17700:30:52.200 --> 00:31:02.550Harvey McKeon: that should be something that compels the re-valuation of below-market rate fees that Section 6C, covers.
178
00:31:02.550 --> 00:31:09.469
Harvey McKeon: Tonight's staff report references the settlement only once, to note that it generates
revenue,
17900:31:09.530 --> 00:31:16.369Harvey McKeon: But I can't find anything in public documents that shows that this, Exhibit D
180
00:31:16.370 --> 00:31:33.480
Harvey McKeon: evaluation has been performed. It may have been, but if so, it isn't in the packet, and it
isn't in any public record I can find. And that matters tonight because the report states that no vertical
building permits will issue on this parcel until this map records.
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Harvey McKeon: the map is the last gate before the permits the settlement ties the fee to, and once those permits issue, the practicability to collect, could be gone. So, my question is pretty narrow. I wanna… I wanna know whether the city has, done that re-evaluation of the below market rate fees.
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Harvey McKeon: And, you know, we're… as a union, we're pretty serious about this, because…
18300:31:57.440 --> 00:32:19.630Harvey McKeon: This is a massive project, it's going to have an impact on the local workforce, and we're also people who are taxpayers, so we wanted to know about the funding arrangements, and that's all I've got to say tonight, because I'm coming to the end of my time, but I will be returning to this body in the future with more information about funding for this project, different sources of funding, let's say. Thank you very much.
184
00:32:21.790 --> 00:32:28.870Community Hall: Thank you, thank you, Harvey. And Mayor, before I go to the other two requests to speak virtually, we… we do have…
18500:32:28.940 --> 00:32:42.969Community Hall: comment cards for Item Number 3, and I just wanted to reiterate, to those, requests to
speak, just reconfirming that you will be speaking under Item 3 regarding the subdivision map and, the
18600:32:42.970 --> 00:32:52.319Community Hall: Or the, sorry, the final map and the subdivision agreement, and that's correct for all three of you in the back? And, okay. Okay, so just when I didn't want to miss their comments, thank you.
18700:32:52.350 --> 00:32:55.550
Community Hall: So at this time, we will go ahead and welcome Jennifer Griffin.
18800:32:58.360 --> 00:33:00.370Jennifer Griffin: Can you all hear me?
18900:33:00.550 --> 00:33:01.539Community Hall: We can hear you.
190
00:33:01.730 --> 00:33:06.540Jennifer Griffin: Thank you. I was originally going to be speaking on
19100:33:06.540 --> 00:33:22.149Jennifer Griffin: Item 3, but I'm going to go… since I heard that the city attorney had instructed people to… if they had comments pertaining to the wall or trees, they should do this during oral. And I…
192
00:33:22.250 --> 00:33:38.949Jennifer Griffin: I want to make sure that in… this is pertaining to the final map, it is Item 3, but it's items that are outside of the scope of what is on consent. But I wanted to make sure that the trees that are currently along the North Portal
19300:33:39.250 --> 00:33:48.030Jennifer Griffin: neighborhood… area, the wall between the RISE Falco and the,
194
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Jennifer Griffin: Wolf Teacher Housing Project, that they are retained, they're a long-term
19500:33:56.780 --> 00:34:02.510Jennifer Griffin: Asset to that neighborhood, and this has been going on for 20 years now.
196
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Jennifer Griffin: there… we need to make sure that those trees are retained for privacy for that
neighborhood. It also… they provide privacy for the Wolf Road housing and for the new homes, that are
going in at Valco the Rise. A lot of them are very mature, there's redwood trees, etc.
19700:34:21.350 --> 00:34:28.150Jennifer Griffin: Also, on that vein, I want to make sure that the wall there
198
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Jennifer Griffin: that is shared between the North Portal neighborhood and Valco The Rise and the Wolf Road
Teacher Housing Project, that that is not breached. This goes back 20 years to the previous owner of Valco, Shopping Center.
19900:34:47.460 --> 00:34:54.960Jennifer Griffin: this has been a long-standing battle, and I think it is, in due respect to the neighborhood.
200
00:34:55.290 --> 00:34:56.550
Jennifer Griffin: I think it's…
20100:34:56.760 --> 00:35:09.600Jennifer Griffin: good that we honor the integrity of that neighborhood and their long-term battle to maintain their neighborhood. I don't think it's a good idea to try to
202
00:35:09.770 --> 00:35:23.850
Jennifer Griffin: breach the wall to provide more parking for anyone on the other side of the wall. I know that may sound strange, but if people look back on the 20-year battle of this, there have been
20300:35:24.090 --> 00:35:25.650Jennifer Griffin: Continually.
204
00:35:25.760 --> 00:35:44.979
Jennifer Griffin: the people in North Cupertino neighborhood and North Portal have… their desire has been to maintain the integrity of the wall, and I think that that is very, very appropriate. We need to respect them as a neighborhood. So please, do not do anything to breach that wall. The other
205
00:35:44.980 --> 00:35:47.639Jennifer Griffin: comment is, and I… I'm gonna just…
206
00:35:47.730 --> 00:35:56.250
Jennifer Griffin: if the attorney thinks I'm on the wrong vein here, but I have a couple of questions about
what's happening with the,
20700:35:56.430 --> 00:36:07.310Jennifer Griffin: west, perimeter road entrance. Is this going to be an entrance into Valco, the Rise? I'm really confused. Thank you, Jenny.
208
00:36:07.310 --> 00:36:09.220
Community Hall: That is your time?
20900:36:10.390 --> 00:36:14.139Community Hall: And Mayor, next we will welcome Call-In User 1.
210
00:36:20.550 --> 00:36:23.520
Call-In User_1: Hello, councils and member of the guest.
21100:36:23.520 --> 00:36:24.680Community Hall: We can hear you.
21200:36:24.840 --> 00:36:26.689
Call-In User_1: Well, I'm family member, can you hear me?
213
00:36:28.270 --> 00:36:29.300Community Hall: Yes, we can hear you.
21400:36:29.630 --> 00:36:37.519Call-In User_1: Okay, this is, stemmed from, actually, quite, years, Matters from the property rights.
215
00:36:37.670 --> 00:36:56.210
Call-In User_1: of their belonging rights and constitution rights. Original, staff and professionals, we are actually professional, and although we hire professionals as well, and deal with, non-professional staff, actually no longer in the city, and the erroneous, and, the build-up structures.
21600:36:56.390 --> 00:37:10.650
Call-In User_1: And with… was assumed that we were, to close the property line. Actually, the property line
is actually a few feet behind the, the fence, and also we are on a higher ground, so we actually don't really
have the problem.
21700:37:10.860 --> 00:37:24.499Call-In User_1: The worst after that, after the taking the property belonging away, and again, again, without
notice, and the prosecution, persecution, and continued. And the magnitude, actually, if you want to
understand, we are regular salary working people.
21800:37:24.500 --> 00:37:39.500Call-In User_1: And it was, like, 2-3 years salary alone for that property and belongings, and again, gave
costs double that. Then after the continued persecution prostitution, we also lost, again, 2-3 years salary
work. And, in unison, or…
21900:37:39.540 --> 00:37:45.859Call-In User_1: elders come here, and they work the butt off, and I also, too. They also
22000:37:45.980 --> 00:37:52.839
Call-In User_1: with the… with the strokes, and the broken bones still working, and similar to me, if I'm not
here, there, because it's a similar situation.
22100:37:53.040 --> 00:38:00.490Call-In User_1: And, over the years, we… numerous requests at the city and manager and the attorneys, reach us, but that'll happen.
222
00:38:00.660 --> 00:38:08.599
Call-In User_1: And we just noticed another middle manager call. Aracilla didn't pass information, even we
go through the public channel. And if we…
22300:38:08.970 --> 00:38:09.670Call-In User_1: this…
224
00:38:10.100 --> 00:38:29.139
Call-In User_1: If they continue failure to respond, and it raises serious concern about accountability and
public service, if they're unwilling and unable to perform the duties, and we request them resign, and so
property people and the company leadership can properly serve the communities. And also, in the Essex
22500:38:29.160 --> 00:38:49.160Call-In User_1: And the moral pretty low in the society. And we don't want to see there's no compassion either. And over the years, the people want us to run the office, but deprive us rights and the financial
institutions, it's made it even harder. So we want everyone to want to give suggestions for us to run, and
you can… you can also let us know as well.
22600:38:49.190 --> 00:38:52.330Call-In User_1: And, I'll turn the meeting back to you. Thank you.
22700:38:55.140 --> 00:39:00.249
Community Hall: Thank you, Call-In User 1, and Mayor, that concludes the request to speak under the oral
communications this evening.
22800:39:00.650 --> 00:39:06.250Community Hall: All right, thank you. Next is the consent items,
22900:39:06.360 --> 00:39:17.680Community Hall: Items 3 through 6, 8, and 9. Have any further items been pulled from consent? Yes, Mayor, we have Item 3 and Item 6 have been pulled from consent. Okay.
230
00:39:18.310 --> 00:39:24.340
Community Hall: And 6… and then we postponed item number 7. Yes. Okay,
23100:39:24.850 --> 00:39:31.530Community Hall: Do we have any requests to speak for members of the public on Items 4?
232
00:39:32.410 --> 00:39:40.280
Community Hall: 5, 8, or 9. Before you proceed, Madam Mayor, I just ask for a separate vote on Item 9.
23300:39:40.520 --> 00:39:49.359Community Hall: A separate vote on Item 9, okay. We can do that.
234
00:39:51.350 --> 00:40:02.850
Community Hall: And do we have any requests to speak for members of the public on 4, 5, 8, or 9 time? So,
Mayor and Community Hall, I only have requests to speak on Item 3.
23500:40:02.960 --> 00:40:08.059Community Hall: And I do not have any… I don't… I do not see any hands raised virtually.
236
00:40:08.490 --> 00:40:13.350
Community Hall: Okay, do I have a motion to move Items 4, 5, and 8?
23700:40:13.660 --> 00:40:16.819Community Hall: Motion to move Items 4, 5, and 8. And do I have a second?
23800:40:18.700 --> 00:40:24.460
Community Hall: Second. Okay, thank you. Are there any requests to speak? I'm not seeing any.
239
00:40:26.280 --> 00:40:32.979Community Hall: Okay, Madam City Clerk, will you please set the voting lights? And we can vote on 4, 5, and 8.
24000:40:44.840 --> 00:40:50.190
Community Hall: The motion carries unanimously. Okay, thank you. And do I have a motion to move Item 9?
241
00:40:52.300 --> 00:40:57.019Community Hall: Okay, I will move Item 9. Do I have a second? Second. Thank you.
242
00:40:57.440 --> 00:40:59.919
Community Hall: Any requests to comment on Item 9?
24300:41:01.350 --> 00:41:06.289Community Hall: Seeing none, Madam City Clerk, will you please set the voting panel, and we will vote on
Item 9.
24400:41:19.370 --> 00:41:24.540Community Hall: The motion… the motion carries with, Ferwin and Mohan voting no.
24500:41:25.190 --> 00:41:26.050Community Hall: Okay?
246
00:41:27.190 --> 00:41:28.880Community Hall: So we've… Yes?
24700:41:29.270 --> 00:41:33.439Community Hall: Loyd, I defer to the City Attorney, would this be…
248
00:41:33.800 --> 00:41:38.850
Community Hall: Utility users tax will require 4 out of 5… Vote.
24900:41:39.120 --> 00:41:49.320Community Hall: forfeits vote on UUT? I do believe it does. We might want to check in with Attorney Luck, who should be on the Zoom, but I do believe that it does require a supermajority.
250
00:41:50.820 --> 00:41:54.499
Anita Luck, Item #11: Yes, it does require a 4 out of 5, but…
25100:41:57.300 --> 00:42:01.880Community Hall: Okay, so, the motion fails then.
252
00:42:03.630 --> 00:42:10.149
Community Hall: Okay, and so this one is just on the user utility tax, so the parkland is still moving.
25300:42:10.320 --> 00:42:11.340Community Hall: forward.
254
00:42:11.580 --> 00:42:19.749
Community Hall: Yeah. Correct, that was a unanimous vote. Okay, great. Well, if this item is not pulled…
25500:42:19.900 --> 00:42:27.200Community Hall: Can we ask what's the objection? Can we clarify what the objection to the…
256
00:42:27.810 --> 00:42:45.280Community Hall: Resolution? They… no one raised their hand to speak on that item, and the vote has already occurred. Madam City Attorney? You could move to reconsider. That's a process the Council has done, not done since I've been City Attorney, but that is an option.
257
00:42:47.920 --> 00:42:52.549
Community Hall: Okay… We were in the majority, so we can move to reconsider.
25800:42:52.720 --> 00:42:57.689Community Hall: So then I'd like to move to reconsider.
259
00:42:57.950 --> 00:43:10.840
Community Hall: And, I believe that in… at the last meeting, Councilmember Mohan wants, more percent,
wants to increase by it by 1%.
26000:43:11.140 --> 00:43:13.570Community Hall: And then Councilmember Ruin.
261
00:43:13.800 --> 00:43:22.610
Community Hall: This does not oppose the major, but he wants to delay it to… Before we begin discussing,
we should,
26200:43:22.900 --> 00:43:26.489Community Hall: Vote on whether we will be reconsidering the item.
263
00:43:28.540 --> 00:43:30.420
Community Hall: So, move to reconsider.
26400:43:30.840 --> 00:43:31.680Community Hall: Second.
265
00:43:33.490 --> 00:43:43.859
Community Hall: Okay. Madam City Clerk. Just to confirm, Chao was moving, or Mayor was moving? It
ended up being me. Okay, Wong. And Wong.
26600:43:44.250 --> 00:43:47.819Community Hall: Do we need to also move to pull this item?
267
00:43:47.950 --> 00:43:51.900
Community Hall: Because this was not exactly… pulled.
26800:43:54.430 --> 00:43:57.760Community Hall: We need to decide if we're reconsidering before we pull it.
269
00:43:58.650 --> 00:44:04.870Community Hall: Okay. Madam City Clerk, will you please set the voting panel, and then we'll vote? We just need a majority.
270
00:44:07.310 --> 00:44:27.059
Community Hall: What are we voting on? To reconsider the item? Yes, to reconsider the item, which means,
if it passes, then we would be re-looking at the utility user's tax, beginning with debate, if there is debate, and then moving through it as if it was, from the beginning.
27100:44:29.140 --> 00:44:31.359Community Hall: And would we be doing that,
272
00:44:32.500 --> 00:44:35.709
Community Hall: At the pulled Items from consent time.
27300:44:35.840 --> 00:44:37.689Community Hall: Later in the meeting.
274
00:44:38.370 --> 00:44:39.420
Community Hall: Or…
27500:44:40.870 --> 00:44:49.179Community Hall: I think that we should, leave it where it is on consent, because we aren't reconsidering, the vote that we took on the consent.
276
00:44:49.460 --> 00:44:57.470
Community Hall: Unless you want to reconsider the vote we took on consent as well, then you could, at that
point, move it into the action calendar.
27700:44:59.760 --> 00:45:02.330Community Hall: Could you explain that again?
278
00:45:04.320 --> 00:45:15.520
Community Hall: It might be, taking the rules too far, but you're reconsidering your vote on this item, which
was on the consent calendar.
27900:45:15.520 --> 00:45:25.670Community Hall: And now you want to, open up debate about it, which is something you do when it's not on the consent calendar. And you've already voted on the consent calendar, and this was part of that.
280
00:45:25.760 --> 00:45:33.500
Community Hall: And so, if you want to move into the action item, I think you would need to, make a motion to
281
00:45:34.790 --> 00:45:38.819
Community Hall: Re… I suppose you could just make a lotion to pull it, yeah.
28200:45:39.230 --> 00:45:52.559Community Hall: Okay. So you are saying we need to make a motion to reconsider first? Correct. And then
we pull that? Correct. Reconsideration? Correct. Then you pull the item, and then you can,
28300:45:52.710 --> 00:46:03.510Community Hall: address the item as an action item. So the current vote is to reconsider… Correct. …the vote that was just taken? Correct. Okay.
28400:46:04.110 --> 00:46:06.990
Community Hall: So first, we're going to vote on the reconsideration.
28500:46:07.230 --> 00:46:15.020Community Hall: Okay, so the panel said… Can I ask a quick question? Please. So if we didn't want to debate, but we still wanted,
28600:46:15.190 --> 00:46:21.140
Community Hall: The boat to stand as… If we didn't want to reconsider, what's the option? Vote no.
28700:46:21.930 --> 00:46:26.470Community Hall: Right now, on the motion to reconsider. If you don't want to reconsider, you should vote no.
28800:46:27.020 --> 00:46:28.710
Community Hall: Okay, so that would…
28900:46:29.770 --> 00:46:36.369Community Hall: preempt the discussion? Well, no, then we'll count the votes, and if the majority wants to reconsider, then we will.
29000:46:37.650 --> 00:46:38.320
Community Hall: Okay.
29100:46:38.810 --> 00:46:42.899Community Hall: Okay, thank you. Okay, so is the panel set? Yes, Mayor.
29200:46:55.020 --> 00:46:56.900Community Hall: You need to vote. Vice Mayor?
293
00:46:57.080 --> 00:47:02.419Community Hall: I took… my screen doesn't see… I know, somehow. Okay.
294
00:47:02.850 --> 00:47:18.359
Community Hall: Okay, the motion carries with Frewin and Mohan voting no. Okay, and then next we need to move to poll, Item 9. Yes. Okay, so, make a motion to pull Item 9, please. More seconds?
295
00:47:19.720 --> 00:47:23.379
Community Hall: Madam City Clerk, will you please reset the panel?
29600:47:27.840 --> 00:47:29.469Community Hall: Thank you, and we can vote.
29700:47:34.420 --> 00:47:36.860
Community Hall: The motion carries with Frewin and Mohan voting no.
298
00:47:37.140 --> 00:47:47.159Community Hall: Okay, so this will now… be under Items removed from the consent calendar, so now we've got 3.
29900:47:48.280 --> 00:47:52.759
Community Hall: Keep this straight… I believe it's just 3 and…
300
00:47:53.150 --> 00:47:56.370Community Hall: 6? 3, 6, and 9, okay.
30100:47:57.640 --> 00:48:03.050Community Hall: We'll be… Right before Item 13.
302
00:48:07.800 --> 00:48:12.449
Community Hall: Unless… Was there any issue with the city attorney, or are we okay?
30300:48:15.560 --> 00:48:21.910Community Hall: The issue is that, the…
304
00:48:22.060 --> 00:48:29.360
Community Hall: Motion… the maker of the motion to reconsider needs to have been a member on the
prevailing side.
30500:48:29.930 --> 00:48:34.190Community Hall: I made the motion to reconsider. I was on the prevailing side.
306
00:48:34.330 --> 00:48:36.930
Community Hall: No, because it was a four-fifths vote.
30700:48:37.440 --> 00:48:43.460Community Hall: You needed a four-fifths vote. So we would need either Councilwoman Mohan or…
30800:48:43.870 --> 00:48:53.630Community Hall: Councilman Fruen to make the motion to reconsider. So we can't reconsider because it was a 3-2 vote. They are a minority, that's not a prevailing side either.
309
00:48:54.350 --> 00:48:58.419
Community Hall: Well, on a 4 to 1 vote.
31000:49:00.420 --> 00:49:09.009Community Hall: The four votes would have been prevailing, and… Only 3 votes were obtained.
311
00:49:09.440 --> 00:49:13.849
Community Hall: So, that was not the prevailing side. There is no prevailing side.
31200:49:18.980 --> 00:49:19.800Community Hall: Pardon me?
313
00:49:34.500 --> 00:49:37.280
Community Hall: Oh, well, she did confirm the list.
31400:49:38.190 --> 00:49:38.890Community Hall: Oops.
31500:49:39.980 --> 00:49:49.540
Community Hall: Attorney Luck, may I quickly ask again, did you confirm that the, utility users tax item
needs, 4 votes to pass?
31600:49:50.190 --> 00:50:10.110Anita Luck, Item #11: Yes, the utility user's needs for votes to pass. And I believe, maybe when you're talking about the prevailing side, the prevailing side here was the losing side. I mean, was the side that said, no, they don't want this on the ballot, so it would be the two who voted no who would do the motion to reconsider. Someone from the
317
00:50:10.360 --> 00:50:12.540
Anita Luck, Item #11: the, no votes.
31800:50:13.050 --> 00:50:14.950Anita Luck, Item #11: If I'm understanding it correctly.
319
00:50:22.160 --> 00:50:31.709
Community Hall: Okay, so even though it was approved with the four-fifths, at the last, meeting on this item.
32000:50:31.890 --> 00:50:36.630Community Hall: That now it can be taken away with a 3-2.
32100:50:37.070 --> 00:50:38.040Community Hall: Vote.
322
00:50:38.300 --> 00:50:48.360
Community Hall: If you would like, we could take a break, and I could make a phone call to the managing
partner of my firm and just confirm that that is the appropriate procedure.
32300:50:48.540 --> 00:50:56.070Community Hall: Okay, that would help. Thank you, thank you. As a quick point of order, it wasn't approved unanimously, it was approved 3-2.
324
00:50:56.390 --> 00:50:57.640
Community Hall: At the last meeting.
32500:50:59.190 --> 00:50:59.890Community Hall: Duh.
326
00:51:00.040 --> 00:51:01.040
Community Hall: That's correct.
32700:51:02.080 --> 00:51:07.329Community Hall: if… So does that… Nonetheless, would you still like me to take a moment and check in?
328
00:51:07.670 --> 00:51:14.829
Community Hall: So, question on that. So, was the 3… was the 3-2 actually not adequate to have this moved
to this meeting?
32900:51:16.210 --> 00:51:19.760Community Hall: Let's take a 5-minute… Thank you. …break. Thank you.
330
01:09:23.870 --> 01:09:24.560
Community Hall: Would you know?
33101:09:27.590 --> 01:09:42.589Community Hall: Thank you, Madam City Attorney? And so, first we, double-checked to confirm that the, tax requires… the ballot measure requires two-thirds vote, and it does. And then, we…
332
01:09:43.130 --> 01:09:44.770
Community Hall: Can… why are you looking at me?
33301:09:45.630 --> 01:10:05.049Community Hall: Okay, that's the, that would be the supermajority, the four out of 5. Correct, thank you. And then we, considered where we go at this time, and, the prevailing party, somebody in… on the
prevailing side of the vote, needs to be the one to,
334
01:10:05.090 --> 01:10:08.490
Community Hall: Request the reconsideration, to move to reconsider.
33501:10:08.700 --> 01:10:18.060Community Hall: And so, that would mean we would need, either Councilmember Mohan or Councilmember Fruen to make the motion to reconsider.
336
01:10:18.600 --> 01:10:21.569
Community Hall: And… That's where we are.
33701:10:22.700 --> 01:10:31.419Community Hall: Okay, so that's interesting. So the prevailing party is the one that, basically didn't allow it to pass through in this case, you're saying?
338
01:10:31.690 --> 01:10:36.899
Community Hall: So the idea is that, this is my understanding of the rationale, is that…
33901:10:37.190 --> 01:10:47.309Community Hall: The Council, votes to make a final action, and if it was a mistake… oh, we just made a mistake here?
340
01:10:47.310 --> 01:10:58.059
Community Hall: Then one of the individuals on the prevailing side would be like, we need to reconsiderate because we made a mistake, and then you get a second, and then you reconsider.
34101:10:58.130 --> 01:11:08.630Community Hall: But the concept of reconsideration isn't, oh, we voted wrong. Let's, you know, re-vote
because we don't like how it came out.
342
01:11:08.890 --> 01:11:12.429Community Hall: Which is… yeah. So, for the reconsideration.
34301:11:13.310 --> 01:11:20.800Community Hall: If there is a motion, who is allowed to second it, or is there some stipulation on that, that it
needs to be the prevailing,
344
01:11:21.200 --> 01:11:23.290Community Hall: I didn't look at that.
34501:11:24.410 --> 01:11:26.740Community Hall: But I think it's on our sheet.
346
01:11:27.290 --> 01:11:38.320
Community Hall: I mean, who moved to reconsider? I moved to reconsider, but I don't count as being on the prevailing. Great, and who seconded? Councilmember Wong. Also…
347
01:11:38.570 --> 01:11:42.320
Community Hall: On the fa- on the not prevailing side. Right. Yeah.
34801:11:48.820 --> 01:12:00.529Community Hall: If we need a moment, let me know, and… I'm not sure what, diving deeper into whether the seconder also has to be on the prevailing side gets us anywhere.
349
01:12:00.600 --> 01:12:15.330
Community Hall: Okay. In our current setup? So, first we need to find out if there's any appetite to have a
motion to reconsider from, Councilmember Mohan or Councilmember Fruen. Correct. So, we'll wait a
moment on that.
35001:12:20.630 --> 01:12:21.320Community Hall: No?
351
01:12:21.610 --> 01:12:28.529
Community Hall: Okay, so I'm not seeing that being moved, so that ends the debate on this matter.
35201:12:28.860 --> 01:12:32.590Community Hall: It does. So the UUT is not moving forward. Correct. Okay.
353
01:12:32.790 --> 01:12:42.119
Community Hall: So, we have… Items… let's see, 3 and 6…
35401:12:44.040 --> 01:12:57.459Community Hall: Only, so we're not going to be looking at Item 9. So 3 and 6 will be heard before Item 13, so those are the items removed from consent calendar. I was informed that we,
355
01:12:57.560 --> 01:13:11.790
Community Hall: have some oral communications which did not get heard, which we will be doing right now,
so we will be reopening oral communications, for those, blue slips that were missed.
35601:13:12.590 --> 01:13:19.340Community Hall: Thank you, Mayor. So, at this time, we will go ahead and, welcome Chuck, followed by Jamie.
357
01:13:19.720 --> 01:13:21.399
Community Hall: Followed by Oscar.
35801:13:24.340 --> 01:13:25.439Community Hall: Welcome, Chuck.
35901:13:31.340 --> 01:13:32.150Community Hall: For memory.
360
01:13:32.720 --> 01:13:37.129
Community Hall: My name's Chuck Adamo. I'm a field rep with the North Coast States Carpenters Union.
36101:13:37.360 --> 01:13:45.089Community Hall: I'm concerned with the potential Of no oversight for the SB35 compliance on the project as it sits currently.
362
01:13:45.510 --> 01:13:57.900
Community Hall: Tonight is one of the last steps before buildings can start being built. This project was
brought forth and approved under SB35, which is a state law requiring the project workforce to be skilled and trained.
36301:13:58.820 --> 01:14:08.440Community Hall: The developer promised the city and its residents in 2018 to abide by that to build the project. With the law comes compliance.
364
01:14:08.590 --> 01:14:11.329Community Hall: Cuz who's going to stop if no one's watching?
36501:14:11.610 --> 01:14:19.329Community Hall: The law requires the developer to send a compliance report to the city for open viewing and transparency with the public.
366
01:14:19.590 --> 01:14:33.250Community Hall: It even sets financial penalties for the developer if they skip reports and perform the work out of compliance. But all that means nothing if there's not a system in place for the checks and balances that will be needed on this project.
36701:14:33.520 --> 01:14:49.629
Community Hall: This is the first time the develop… this isn't the first time the development team is hearing
from us. We've been in contact with them, asking them to please have a stakeholder meeting and have a
good walkthrough on the requirements and how they'll meet the SB35 reporting obligations.
36801:14:50.230 --> 01:15:04.290Community Hall: That meeting has not happened in any meaningful fashion. SB35 places the responsibility on the developer to keep the project compliant, and so far it's been radio silence on a meeting with all stakeholders as requested.
369
01:15:04.680 --> 01:15:14.070
Community Hall: That's why I'm bringing the issue before you tonight. My request is straightforward. Before the map clears the way for construction, please direct staff to report back
370
01:15:14.070 --> 01:15:26.850Community Hall: on how the City will collect, review, and monitor the required monthly workforce compliance reports. This would ensure that the commitment made in 2018 is properly tracked and verified in 2026.
371
01:15:26.930 --> 01:15:30.480
Community Hall: To be clear, I'm not asking the Council to change its vote on the map.
37201:15:30.610 --> 01:15:38.570Community Hall: I am simply asking for accountability and a process that ensures compliance with the law and the commitments made to this community. Thank you.
373
01:15:40.210 --> 01:15:41.030
Community Hall: Thank you, sure.
37401:15:41.720 --> 01:15:45.279Community Hall: Thank you, Chuck. Next, we will welcome Jamie, followed by Oscar.
375
01:15:45.800 --> 01:15:51.149
Community Hall: Welcome, Jamie. Good afternoon, council members. My name is Jaime Ortiaga, and I'm
with the North Coast Carpenters Union.
37601:15:51.350 --> 01:15:58.020Community Hall: Right now here in Cupertino, the former Belco Mall is being transferred into the Rice.
377
01:15:58.480 --> 01:16:03.410
Community Hall: this massive project moving forward using Senate Bill SB35.
37801:16:03.960 --> 01:16:06.460Community Hall: A state law that fast-tracks developments.
379
01:16:07.180 --> 01:16:09.810
Community Hall: But SP35 is a two-way street.
38001:16:10.350 --> 01:16:13.980Community Hall: In exchange for streamlined approvals, the law strictly mandates
38101:16:14.120 --> 01:16:16.560
Community Hall: That the developer must pay prevailing wages.
382
01:16:17.000 --> 01:16:19.820Community Hall: And higher, skilled, and trained workforce.
383
01:16:20.310 --> 01:16:22.130
Community Hall: These are not options, they are the law.
38401:16:24.250 --> 01:16:28.820Community Hall: On this project, this massive project, compliance cannot be left to chance.
385
01:16:29.250 --> 01:16:37.760Community Hall: That is why the North Coast States Carpenters Union is officially calling for an immediate meeting with the developers, prime contractors, and the city officials.
38601:16:38.630 --> 01:16:47.760Community Hall: We need to sit down at the table to ensure there are no… there are clear, ironclad tracking
mechanisms in place before the major construction hits full stride.
38701:16:49.160 --> 01:16:53.469Community Hall: Let this be a reminder to every stakeholder. The stakes here are incredibly high.
38801:16:53.590 --> 01:17:06.219Community Hall: Failing to meet the state labor standards does not just mean minor paperwork errors. It
triggers severe consequences. We are talking about state labor laws violations that carry civil penalties up to
$10,000 per month.
38901:17:06.950 --> 01:17:09.290Community Hall: For each non-compliant subcontractor.
39001:17:10.360 --> 01:17:11.509
Community Hall: on this site.
39101:17:12.040 --> 01:17:18.950Community Hall: Worse willful violations can lead to freezing payments, the loss of building permits, and the total shutdown of the project.
39201:17:20.090 --> 01:17:22.140
Community Hall: Nobody wants to see this project stalled.
39301:17:22.260 --> 01:17:24.030Community Hall: By avoidable legal battles.
39401:17:24.550 --> 01:17:31.409Community Hall: Massive state fines. We want the right to succeed, but it must be built right, safely, entirely
by the book.
39501:17:31.770 --> 01:17:37.550Community Hall: We look forward to meeting with the stakeholders immediately to ensure total compliance from day one. Thank you.
39601:17:39.310 --> 01:17:43.139Community Hall: Thank you, Jaime. Next, we will move… we will welcome Oscar.
397
01:17:50.700 --> 01:17:55.070
Community Hall: So, good evening, Mayor Moore and the rest of your esteemed City Council members.
39801:17:55.200 --> 01:18:12.990Community Hall: Thank you for the opportunity of letting us speak. I know there was a bit of a confusion with the whole where to speak on anything, so yeah, thank you, I appreciate that. So my name is Oscar Masarigos, I'm a field rep with the North Coast States Carpenters Union. We represent 57,000 members in our region, but more specifically, the 5,700 members from Santa Clara County.
399
01:18:13.220 --> 01:18:20.540Community Hall: I am here tonight because we have serious concerns regarding this project and the path it is taking to move forward in the City of Cupertino.
40001:18:21.050 --> 01:18:29.690Community Hall: This project is being developed under SB35, legislation that was intended to streamline
housing development while also ensuring strong workforce standards
40101:18:30.140 --> 01:18:40.769Community Hall: SB35 requires that to use the skilled and trained Liang workforce, support state-certified apprenticeship programs, and helps ensure workers have access to healthcare and benefits.
40201:18:41.240 --> 01:18:46.379
Community Hall: On paper, That sounds like exactly the kind of development model we should all support.
40301:18:46.950 --> 01:18:51.440Community Hall: However, our concern is not with the project itself, our concern is with the…
40401:18:51.800 --> 01:18:54.679Community Hall: Who may ultimately select it to be building it?
405
01:18:55.190 --> 01:19:01.859Community Hall: We have learned that the developer is considering and potentially selecting general contractors with troubling records and histories.
40601:19:02.150 --> 01:19:15.760Community Hall: These are contractors who have been associated with workforce misclassification, wage
theft, tax fraud, and other practices that under… undermine both workers and responsibility, or responsible
employers who follow the law.
40701:19:16.270 --> 01:19:19.830Community Hall: In fact, one of these contractors has hired a subcontractor that was…
40801:19:20.010 --> 01:19:36.190Community Hall: Recently charged with 5 felony counts related to wage theft right here in this county. Receipts right here. That should concern every one of us. When companies cut corners on workers, it rises questions about what other corners may they cut throughout the project.
409
01:19:36.880 --> 01:19:40.839Community Hall: We asked the developer and their team to sit down with us.
41001:19:41.190 --> 01:19:58.200Community Hall: with all of us, the stakeholders, and walk through how they meet the SB35 obligations. That meeting has not happened. The responsibilities to show this project its compliance sits with the
developer, and so far, they have not come to the table as we requested. We also urge the developer to do
right.
41101:19:58.270 --> 01:20:10.359Community Hall: To do the right thing and select a responsible contractor, one that respects the workforce, pays workers properly, provides healthcare and retirement benefits, and invests in the next generation through a certified apprenticeship program.
412
01:20:11.190 --> 01:20:15.050
Community Hall: This project have the potential to be a positive addition to Cupertino.
41301:20:15.270 --> 01:20:19.219Community Hall: But quality housing should not come at the expense of the people building it.
414
01:20:19.610 --> 01:20:27.120
Community Hall: The last thing any of us want is to look back later and realize the warning signs were
ignored when action could have been taken.
41501:20:27.340 --> 01:20:29.090Community Hall: Thank you for your time and consideration.
416
01:20:32.820 --> 01:20:47.779
Community Hall: Thank you, Oscar. And, we do have one more request to speak on Item 3, and I just want
to confirm with the member of the audience, are you wishing to speak on the actual Item Number 3 final
map and subdivision agreement, correct?
41701:20:47.940 --> 01:20:52.969Community Hall: Okay, because if you're speaking on anything else regarding this project, you would speak now under oral communications.
418
01:20:53.700 --> 01:21:13.159
Community Hall: Are you… are you speaking as… on anything else regarding this project, or are you planning to speak on the map and the subdivision agreement? I'm no attorney, so I can't make sense of what you're talking about. Okay, then why don't you… Go ahead. Why don't you speak now? The mayor's
allowing that. Thank you.
419
01:21:13.670 --> 01:21:28.309
Community Hall: I'm no attorney, so pardon my words that I'm going to pick up. My daughter would become, so in 6 years, maybe I can make more sense of the rulebook. So, I've been a city, member for about 15 years, living right by the, the wall, Auburn Drive.
42001:21:28.390 --> 01:21:38.340
Community Hall: So, you can imagine why I'm here. This is my fifth visit to the City Council in seven years,
all to talk about, please do not destroy the wall behind my house.
42101:21:38.490 --> 01:21:46.660Community Hall: We came in, we bought the house here, our intention is very purely the safety, because we were right by the freeway, the wall was the only thing that…
422
01:21:46.720 --> 01:21:59.670
Community Hall: convinced us to buy the place. So, I know you… this is on the consent calendar, this is not
on an approval. What I'm requesting you to pull the… pull the item, and make sure there is a clause which
says the wall will not be breached under any condition.
42301:21:59.670 --> 01:22:08.729Community Hall: This has gone back and forth. It seems like one of the two things that stresses me these days is AI and the wall that's going to be breached behind my house.
424
01:22:08.880 --> 01:22:20.890
Community Hall: This has been with me for 7 years, it's been a real struggle. Please, please make sure that there is no open loopholes in the approval of the map, which allows them to break the wall, breach the wall. Thank you, appreciate it.
42501:22:23.490 --> 01:22:29.480Community Hall: Thank you, Vijay. And, Mayor, that concludes those, Blue Speaker cards in person.
426
01:22:29.550 --> 01:22:43.730Community Hall: All right, thank you. Now we will be opening public hearings. Our first item is number 10, a public hearing Item on weed and brush abatement. Madam City Manager, do you have a report or a presentation?
42701:22:46.950 --> 01:22:55.260
Community Hall: Thank you, Mayor. This is the… this item will be presented by the City Clerk, and I will turn
it over to Lauren to present this item.
42801:23:00.960 --> 01:23:05.219Community Hall: Just give me one moment while I… Share my screen.
42901:23:18.560 --> 01:23:22.479
Community Hall: Okay, I believe that's available for you all to see.
43001:23:22.760 --> 01:23:31.270Community Hall: And… Let me find… my… My script, okay.
431
01:23:31.760 --> 01:23:38.270
Community Hall: Okay, good evening, Mayor and Vice Mayor and Councilmembers. The lien assessment and
collection process.
43201:23:39.230 --> 01:23:40.110Community Hall: Yeah.
433
01:23:40.260 --> 01:23:58.440
Community Hall: There we go. The lien assessment and collection process includes both weed and brush
abatement programs. The programs are in place to work with property owners to ensure the removal of brush, dry weeds, and dead vegetation before the start of the fire season. Property owners must clear their properties by the notice deadlines.
43401:23:58.440 --> 01:24:15.049Community Hall: Tonight's hearing requests Council's consideration of a resolution confirming assessments
on properties for unpaid abatement services, and allows owners an opportunity to contest the fees. If
approved, the total charges are included on the property owner tax statements.
43501:24:15.050 --> 01:24:26.360Community Hall: Owners may request council to remove their property from the assessment list. Charges include any work performed by a county contractor, as well as a county administrative, fees.
436
01:24:30.240 --> 01:24:34.950
Community Hall: So here, here is a list of the county fees for the 2026 season.
43701:24:35.210 --> 01:24:54.649Community Hall: Every property in the program receives an initial inspection to determine if the property has been properly abated. That inspection fee is $296. A processing fee of $953 is charged for non-compliant parcels that fail the inspection and must be re-inspected.
438
01:24:55.140 --> 01:25:07.859
Community Hall: And an administrative fee of $1,383 is charged if weed and brush removal is completed by
the county's designated contractor. This fee is in addition to the cost to remove the weeds and brush.
43901:25:08.300 --> 01:25:15.859Community Hall: A warrant fee of $3,006 is assessed if the county needs to obtain and post a warrant to access the property.
440
01:25:16.460 --> 01:25:23.099
Community Hall: County contractor abatement work prices vary depending on the work type completed.
441
01:25:27.250 --> 01:25:36.159
Community Hall: On July 2nd, the county filed the assessment report of all costs associated with abatement for 14 of the 94 listed parcels in the program.
442
01:25:36.530 --> 01:25:54.440
Community Hall: Due to timing delays in the county's inspection and processing of weed abatement cases,
only 14 properties have completed the process in time to be included in this year's lien assessment. The
remaining properties will be considered for assessment through the 2027 annual lien assessment process as applicable.
44301:25:54.670 --> 01:26:11.949Community Hall: This hearing will consider approval of lien assessment and collection of fees on those properties, including any incurred costs for the county to abate the nuisance. On July 9th, the city mailed the
notice and report to those property owners listed on the report, along with tonight's public hearing notice.
44401:26:16.200 --> 01:26:32.510Community Hall: The action before you this evening is to conduct the hearing objections from property owners for assessed fees, and consider adopting resolution number 26-086, approving the lien assessment and collection of fees for weeds and brush to allow the county to recover those costs for abatement.
445
01:26:32.800 --> 01:26:49.940
Community Hall: And that concludes my work… my presentation, and we do have Garrick here from the
County, along with a few other inspectors, to answer any questions you may have this evening. Thank you.
All right. Thank you, Madam City Clerk, for the report. Do we have any clarifying questions from the Council at this time?
44601:26:53.530 --> 01:26:58.170Community Hall: I'm not seeing any hands raised. Do we have any members of the public who wish to speak
on this item?
447
01:27:02.090 --> 01:27:15.390Community Hall: Mayor, I don't see any requests to speak in person, and I do not see any hands raised virtually. Okay, so, public hearing is closed. For purposes of deliberation, do we have a motion and a second on this item?
448
01:27:18.260 --> 01:27:18.970
Community Hall: True.
44901:27:20.170 --> 01:27:28.720Community Hall: I move that we accept the staff report. Second. Okay, so you're accepting the recommended action? Yes.
450
01:27:29.330 --> 01:27:36.020
Community Hall: Second, please. Okay. Do I have any comments from, any members of the Council?
45101:27:36.800 --> 01:27:42.659Community Hall: I'm not seeing any hands raised. Madam City Clerk, will you please, set the voting panel,
and we will vote?
452
01:27:53.970 --> 01:28:03.450
Community Hall: The motion carries unanimously. All right, thank you. Next is Item 11, approving the… an agreement with Insight, Madam City Manager, do we have a report?
45301:28:03.830 --> 01:28:18.159Community Hall: Thank you, Mayor. This item is consideration of a new sales tax sharing agreement with
Insight. Since 2006, the City and Insight have partnered to support the retention of sales tax generating
business activities in Cupertino.
45401:28:18.160 --> 01:28:41.259Community Hall: The proposed agreement would continue this long-standing partnership, helping retain the important source of ongoing revenue for the city, while maintaining Insight's business presence in Cupertino. Staff is recommending approval of the proposed tax-sharing agreement and the accompanying economic development subsidy report. I will now turn it over to Jonathan Orozco, Director of Finance, to provide additional information on this item.
455
01:28:41.260 --> 01:28:48.629Community Hall: Also available to answer questions are Anita Luck from Elshire & Winder, and Rachael Crump, and Daniel Pottinger from Insight.
45601:28:49.880 --> 01:28:50.750Community Hall: Jonathan?
457
01:28:51.430 --> 01:28:56.120Community Hall: Thank you, Tina. Good evening, Honorable Mayor Moore, Vice Mayor, and Council Members.
45801:28:56.520 --> 01:29:07.949Community Hall: Before I begin, I'd like to recognize Daniel DeGrouue, our Economic Development Manager,
who unfortunately is unable to join us this evening. Daniel took the lead and worked closely with Insight
45901:29:08.130 --> 01:29:18.530Community Hall: to… throughout the process, and I'd also like to thank Anita Luck with Alfshire Winder for assistance in drafting the agreement and ensuring compliance with the applicable legal requirements.
46001:29:18.720 --> 01:29:22.679
Community Hall: We appreciate all the efforts they are bringing, forth in this item.
46101:29:22.940 --> 01:29:29.120Community Hall: before you… This evening is the proposed economic development and sales tax sharing agreement with Insight Direct.
46201:29:30.080 --> 01:29:44.510
Community Hall: The City has maintained sales tax sharing agreement with Insight since 2006. Over the past
two decades, the agreement has successfully retained Insight's sales tax activity in Cupertino, while
generating a significant net fiscal benefit to the City.
46301:29:44.960 --> 01:29:48.699Community Hall: The most recent agreement expired on June 30th, 2026.
464
01:29:49.480 --> 01:29:57.739Community Hall: Staff is recommending the approval of the new standalone agreement that would continue the partnership through December 31st, 2029.
46501:29:58.040 --> 01:30:12.950Community Hall: with the option for up to 8 one-year extensions, apologies, so it would be June 30th, 2029,
with the option for up to 8 one-year extensions, each subject to the City Council's approval.
46601:30:14.080 --> 01:30:21.869Community Hall: While the overall structure of the agreement remains consistent with prior agreements, the proposed agreement includes several updates to strengthen the City's interests.
46701:30:22.220 --> 01:30:36.450
Community Hall: These include revised provisions to reflect current law, additional reporting requirements,
and provisions required insight to cooperate with the City in meeting applicable California Department of Tax
and Fee Administration reporting requirements.
46801:30:37.930 --> 01:30:53.270Community Hall: From a fiscal perspective, the agreement is projected to generate approximately $2.4 million in annual sales tax revenue, of which approximately $1.4 million would be retained by the city, and approximately $1 million would be rebated back to Insight.
469
01:30:53.630 --> 01:30:59.510
Community Hall: Over the initial 3-year term, the agreement is expected to generate $7.2 million in gross revenue.
47001:31:00.190 --> 01:31:05.410Community Hall: in sales tax revenue, which approximately $4.2 million will be retained by the city.
471
01:31:07.630 --> 01:31:27.339
Community Hall: State law also requires the City to conduct a public hearing before approving the Economic Development Subsidy. Attachment B of the staff report contains the required economic development subsidy report, which summarizes the public purpose, fiscal impacts, and other disclosures required under Government Code Section 53083.
472
01:31:28.240 --> 01:31:38.720
Community Hall: Before I conclude, I'd like to invite Rachael Crum, Insight's Chief Accounting Officer, to
provide a brief overview of Insight, the company's operations, and its long-standing partnership with the
City.
473
01:31:39.250 --> 01:31:40.030
Community Hall: Rachael?
47401:31:40.630 --> 01:31:46.770Rachael A. Crump, Item #11: Thank you very much. Thank you, Madam Mayor, and other members of the
Council.
47501:31:46.780 --> 01:32:03.810Rachael A. Crump, Item #11: For entertaining, this vote this evening, Insight is a Fortune 500 technology solutions integrator. We help organizations modernize their business through technology across hardware, software, cloud.
476
01:32:03.810 --> 01:32:08.070
Rachael A. Crump, Item #11: AI, cybersecurity, and IT service solutioning.
47701:32:08.080 --> 01:32:14.300Rachael A. Crump, Item #11: To both… to all commercial, public sector, and enterprise customers worldwide.
478
01:32:18.400 --> 01:32:33.940
Community Hall: Thank you, Rachael. Steph recommends, that the Council conduct the required public
hearing of the Economic Development Subsidy Report, and adopt the resolution approving Economic
Development and Sales Tax Sharing Agreement with Insight, and authorize the City Manager to execute the agreement.
47901:32:34.190 --> 01:32:37.790Community Hall: That concludes my presentation, and staff is available to answer any questions.
480
01:32:38.720 --> 01:32:43.719
Community Hall: Great. Thank you, Jonathan, for the report. Do we have any clarifying questions from the Council at this time?
48101:32:49.410 --> 01:32:51.209Community Hall: Basically.
482
01:32:54.390 --> 01:32:57.009
Community Hall: Vice Mayor? Yeah.
48301:32:58.680 --> 01:33:08.920Community Hall: So… So my understanding, it sounds like we will receive… we are still giving back a
484
01:33:09.220 --> 01:33:23.279
Community Hall: sizable chunk of the sales tax received. However, this… my understanding is this agreement
will incentivize Insight to stay within Cupertino.
485
01:33:23.770 --> 01:33:32.770
Community Hall: And otherwise, they might easily move elsewhere. Could you clarify on why this is necessary?
486
01:33:36.180 --> 01:33:43.560
Community Hall: So this agreement would incentivize Insight to remain and continue to have operations
within Cupertino.
48701:33:43.590 --> 01:33:57.629Community Hall: Of which, the city, if not agreed upon, the insight could leave the city, and the city would lose an approximately $1.4 million… $1.4 million in net sales tax revenue.
488
01:33:58.130 --> 01:34:09.359
Community Hall: So, Daniel, they go proactively reach out to Insight tools so that we can retain them in the
city for…
48901:34:09.490 --> 01:34:11.399Community Hall: Longer time.
490
01:34:11.850 --> 01:34:23.329
Community Hall: Correct. So, myself and Daniel reached out to Insight, earlier in the year, to continue the
conversation as far as, renewing the, the, the,
49101:34:23.370 --> 01:34:35.210Community Hall: the agreement. After having conversations with legal, they made, the recommendation that instead of extending the contract that expired on June 30th, it, to
492
01:34:35.300 --> 01:34:40.679
Community Hall: develop a new, and have it approved, a new contract, in…
49301:34:40.880 --> 01:34:43.780Community Hall: Naming it for what it is, which is a tax-sharing agreement.
494
01:34:44.060 --> 01:34:45.720
Community Hall: Hmm, thank you.
49501:34:47.000 --> 01:35:05.919Community Hall: Madam City Clerk, if you're able to move us off of vote idle for our panel state, so that… there we go. Now we've got the RTS mic capability. Okay, so please, if you want… thank you. Councilmember Mohan.
496
01:35:07.040 --> 01:35:10.589
Community Hall: Yeah, thank you for your report, Jonathan.
49701:35:11.440 --> 01:35:18.850
Community Hall: Can you give me a brief explanation of the salient differences between the previous
contract and this one?
49801:35:22.080 --> 01:35:27.900Community Hall: Largely, there's really no structural changes as far as, like, the terms,
499
01:35:28.560 --> 01:35:36.630Community Hall: This particular one's expanding 11 years. This is… it follows the same rebate structure.
50001:35:36.650 --> 01:35:53.930Community Hall: The few items that would change, one item that calls to mind is the opportunity for both parties to counsel the agreement, should there be any legal requirements, whether that's by CDTFA or state
requirements, that would
50101:35:53.930 --> 01:36:00.630Community Hall: otherwise, prevent the city and Insight to continue that… this exist… the agreement as it stands.
50201:36:01.760 --> 01:36:14.009
Community Hall: So, have we had these one-year extensions in the past? Correct. So, the last agreement,
the one that ended in June 30th, if I remember correctly, was a 4-year contract with 6 single-year
50301:36:14.100 --> 01:36:27.920Community Hall: extensions. And those extensions didn't come… come to Council, right? From my understanding, there was, the authority was, granted, or it was passed City Attorney's Office interpretation that the city manager
504
01:36:28.020 --> 01:36:42.289
Community Hall: then was able to, renew the contract. However, as it stands now, we are not making that
recommendation. We'll be returning to Council in 3 years, should this pass, and ask the Council to extend it. Okay. Thank you very much.
50501:36:43.940 --> 01:36:45.480Community Hall: Councilmember Wang?
506
01:36:46.570 --> 01:37:03.340
Community Hall: I wanted to thank the Economic Development Team and Administrative Services for putting this in place. It's really important to have our small businesses and Fortune 500 companies stay here. They're very important. It's a major priority for each of us to be able to keep business here and attract new business, so thank you for your work.
507
01:37:06.380 --> 01:37:11.569
Community Hall: So, at this time, we're going to see if there are any members of the public who wish to
speak on this item.
50801:37:16.220 --> 01:37:31.609
Community Hall: Mayor, I do not have any requests to speak in person in Community Hall, and at this time, I
do not see any hands raised virtually. Okay, before I close the public hearing, were there any last questions, from the Council? Vice Mayor.
509
01:37:35.580 --> 01:37:53.569
Community Hall: I had the answer from the prep session, but I just thought it's good for public to know. So,
when did we start the texture agreement with Inside? I believe it's about 20 years ago, and then we
renewed about 10 years ago. Could you…
51001:37:53.950 --> 01:37:56.950Community Hall: I'll come for more clarifying.
511
01:37:57.760 --> 01:38:08.600
Community Hall: Correct. I understand, there's been 2 contracts with Insight, both of which have been for
10 years, so from 2006, 2016, and 16 to 2026.
51201:38:08.920 --> 01:38:10.979Community Hall: Hmm, okay, thank you.
513
01:38:12.730 --> 01:38:16.660
Community Hall: Okay, so at this time, do we have a motion on this item?
51401:38:16.770 --> 01:38:18.879Community Hall: I'll move approval. I'll second.
515
01:38:19.970 --> 01:38:23.950
Community Hall: Thank you. Do we have any further questions or comments from
51601:38:24.460 --> 01:38:31.230Community Hall: Members of the Council, I'm not seeing no hands raised. Madam City Clerk, will you please set the voting panel, and we will vote.
517
01:38:35.230 --> 01:38:38.499
Community Hall: The motion carries unanimously. Alright, thank you.
51801:38:38.610 --> 01:38:49.810Community Hall: Thank you, Jonathan. So our next item is the Action Calendar. It is a consideration of attendance policy waiver for a library commissioner. Madam City Manager, do we have a report?
519
01:38:50.180 --> 01:39:07.440
Community Hall: Thank you, Mayor. We have a very brief report. This is staff bringing forward an attendance
review for Library Commissioner John Kichokshi under the Commissioner's Handbook Policy to outline the
circumstances and options before Council. Again, our City Clerk, Lauren Saputur, will present a brief verbal report on this item.
520
01:39:08.640 --> 01:39:21.159
Community Hall: Good evening, Mayor, Vice Mayor, and Councilmembers. Tonight's staff is bringing forward a review of the attendance record for Library Commissioner Junkie Chokshi, pursuant to resolution number 26-042, the Commissioner's Handbook.
521
01:39:21.160 --> 01:39:34.260
Community Hall: Under the handbook's policy, an advisory body member who misses more than 25% of
regular meetings within a single calendar year is subject to an attendance review and potential removal by the City Council.
52201:39:34.650 --> 01:39:46.459Community Hall: Commissioner Chokshi previously served on the Arts and Culture Commission from 2016 to 2023, and was appointed to the Library Commission in 2023 for a term expiring January 2027.
523
01:39:46.830 --> 01:39:59.439Community Hall: In 2026, Commissioner Chokshi missed two meetings, one in February and one in June, which represents a 33.33% absence rate, exceeding the 25% threshold.
52401:39:59.730 --> 01:40:13.580Community Hall: Following a warning letter in February and a formal referral in June, Commissioner Chokshi
emailed Council, which is attachment D in your Council packet, explaining her absences and reaffirming her
commitment and requesting to complete her term.
52501:40:13.710 --> 01:40:27.299Community Hall: Council options tonight are to grant an attendance policy waiver allowing Commissioner Choksky to remain on the Commission or to terminate the appointment. Staff is happy to answer any questions you may have. Thank you.
526
01:40:28.270 --> 01:40:34.970
Community Hall: Right, thank you, Madam City Clerk. So, her term would end in January 2027?
52701:40:35.170 --> 01:40:41.249Community Hall: That's correct. Okay, and she's been serving the city since 2016? Correct. Okay.
528
01:40:41.390 --> 01:40:44.869
Community Hall: Do we have any clarifying questions from the Council?
52901:40:46.110 --> 01:40:47.180Community Hall: This time?
53001:40:48.780 --> 01:40:51.100
Community Hall: Councilmember Fruen, followed by the Vice Mayor.
53101:40:51.540 --> 01:40:59.660Community Hall: Just wanted to confirm, it looks like the Library Commission is scheduled to meet every two months, is that accurate? Correct. Okay.
53201:41:01.660 --> 01:41:02.760Community Hall: Okay, Vice Mayor?
533
01:41:03.990 --> 01:41:05.090
Community Hall: So…
53401:41:06.080 --> 01:41:15.309Community Hall: So they have 6 meetings, regular meetings in a year, other dates predetermined in the beginning of the year? Yes, they are.
535
01:41:16.060 --> 01:41:20.239
Community Hall: Because I am…
53601:41:20.360 --> 01:41:28.989Community Hall: I think I proposed just to have a council review of any termination, because I thought in case of their
537
01:41:32.250 --> 01:41:38.559
Community Hall: in the… There may be unforeseen situation people cannot attend.
53801:41:38.940 --> 01:41:44.580Community Hall: But… the reason given… By this commissioner.
539
01:41:44.680 --> 01:41:54.019
Community Hall: is that… she somehow… couldn't… Check email for 2 days.
54001:41:54.470 --> 01:42:03.169Community Hall: And that's the reason for missing a regularly scheduled meeting.
54101:42:03.800 --> 01:42:11.960
Community Hall: that reason… It's not very… Convising to me.
542
01:42:17.080 --> 01:42:20.400Community Hall: I, do thank her for her con…
54301:42:20.510 --> 01:42:24.849Community Hall: years of service on the Arts Commission, and…
544
01:42:25.920 --> 01:42:30.860
Community Hall: So, thank her for continuing to serve on the Library Commission.
54501:42:31.030 --> 01:42:43.369
Community Hall: That… Yeah, but it doesn't seem like there is sufficient reason for… Meeting… two
meetings.
54601:42:45.620 --> 01:42:48.129Community Hall: Out of 6, yeah, thank you.
547
01:42:51.420 --> 01:43:02.739Community Hall: Okay, seeing… okay, so Vice Mayor, please, yeah, thank you. Madam City Clerk, do we have any members of the public who wish to speak to this item?
54801:43:03.680 --> 01:43:11.619Community Hall: Mayor, I do not have any requests to speak here in person in Community Hall, and at this
time, I do not have any… I do not see any hands raised virtually on this item.
54901:43:12.290 --> 01:43:21.870Community Hall: Okay, so what I'm trying to do is look up how many meetings they have left, and you're saying it's every other month,
55001:43:23.170 --> 01:43:26.479
Community Hall: So, can anyone pull that up fairly quickly?
55101:43:29.350 --> 01:43:32.419Community Hall: You think there's 3 more, perhaps?
55201:43:33.590 --> 01:43:38.630Community Hall: That's correct. They will have a meeting in August, October, and December.
553
01:43:38.830 --> 01:43:40.940Community Hall: Okay.
55401:43:41.920 --> 01:43:55.050Community Hall: Well, for some of these commissions, it's been very difficult for the commissioners to make all of the regularly scheduled meetings. In fact, some of… sometimes our council members have difficulty,
meeting them as well.
55501:43:55.100 --> 01:44:11.420Community Hall: So I'm afraid for myself, I would actually prefer, given that she's about to term out in its 11 years of service, I would prefer to have her present for the next 3 meetings,
55601:44:11.420 --> 01:44:21.739
Community Hall: And move that we retain Commissioner Chokshi on the Library Commission, until… because
she will be terming out in 2027. Second.
55701:44:21.740 --> 01:44:22.710Community Hall: Thank you.
55801:44:23.290 --> 01:44:27.820Community Hall: Vice Mayor, your hand's raised? Yeah, I think…
559
01:44:27.930 --> 01:44:44.410
Community Hall: Given that she will term out in January. Can you check your mic, Vice Mayor? Given that
she will term out in January, it does make sense to just allow her to continue to serve, since there is no time to do recruitment.
56001:44:44.690 --> 01:44:57.650Community Hall: But I do want to understand, was the opportunity of attending remotely offered to her for those meetings? I believe it was, yes. We…
561
01:44:57.650 --> 01:45:08.750Community Hall: usually all the commission liaisons reach out in advance and check if anyone needs to… is planning to participate remotely. So… So we can agendize the… So we don't know, why the first
56201:45:08.800 --> 01:45:19.599Community Hall: Episons, the reason for that… Yeah, unfortunately, I don't recall that first miss. It says that
she somehow didn't check email for 2 days.
56301:45:20.510 --> 01:45:22.929Community Hall: Okay, yeah, thank you.
56401:45:23.860 --> 01:45:41.069Community Hall: Thank you. So, I would rather try to see if we can get all five, commissioners to be present
for, the remainder of the meetings, rather than having just four. I think that I would much rather hear,
Commissioner Chokshi's,
56501:45:41.110 --> 01:45:47.990Community Hall: comments and perspectives. So… Councilmember Fruen, your hands up? Oh, yeah.
56601:45:48.640 --> 01:46:06.159
Community Hall: I was going to build on that and say that a number of our commissions do have some
difficulty in achieving quorum, and so I feel like it would be a disservice, especially for a commission like this
that meets relatively infrequently, to have to worry about getting
56701:46:06.350 --> 01:46:10.139Community Hall: quorum with one less person who is already on the commission, so…
568
01:46:14.810 --> 01:46:16.180
Community Hall: Councilmember Mohan?
56901:46:16.320 --> 01:46:17.560Community Hall: We might take one minute.
57001:46:20.850 --> 01:46:25.659Community Hall: Yeah, my only comment, Mayor, was that she has been a commissioner for 10 years.
571
01:46:25.790 --> 01:46:28.779
Community Hall: And I… don't believe this,
57201:46:29.170 --> 01:46:35.330Community Hall: problem has occurred in the past, so I'm all for extending,
573
01:46:36.680 --> 01:46:41.159
Community Hall: Leaving her as a commissioner till the end of her term in January 2027.
57401:46:41.470 --> 01:46:58.399Community Hall: Thank you, and, to clarify with the City Clerk, prior to, the change of our Commissioner's Handbook that, it would come to Council and we would have a discussion, were the commissioners automatically removed if they had missed too many meetings?
575
01:46:58.920 --> 01:47:08.480
Community Hall: Yes, it was, since it wasn't spelled out in the, Commissioner's handbook, it would be the
automatic removal of the
57601:47:08.560 --> 01:47:22.370Community Hall: reached that threshold over the 25%. So this may be, like, the first time that we've had a discussion like this to whether to retain a commissioner? Yes, and I don't recall if, even in recent years, if there was
577
01:47:22.470 --> 01:47:30.010Community Hall: anybody that we actually terminated because of attendance, like, I don't… I'd have to go back and look, but this is a first in a while. Okay.
57801:47:30.240 --> 01:47:36.390Community Hall: Just as a… Councilmember Fruan? Yeah, a quick point of information. Previously, the
procedure allowed the,
57901:47:36.930 --> 01:47:49.460Community Hall: commissioner subject to removal to petition the council for a waiver. I don't recall us entertaining one, but that was certainly an option that was available, so…
58001:47:50.680 --> 01:47:51.450
Community Hall: Okay.
58101:47:51.590 --> 01:47:52.650Community Hall: Vice Mayor
582
01:47:52.840 --> 01:48:10.940Community Hall: Just for information, there actually was a public safety commissioner who was reaching the threshold and was going to have to come to the council for potential consideration, and I spoke to the commissioner.
583
01:48:11.130 --> 01:48:30.950
Community Hall: And he decided that he would just resign, and so he actually just resigned. So he didn't come to the council, but it… it would… he would have been terminated. But his resignation was because of the… he reached the termination threshold. So, just… yeah.
58401:48:32.840 --> 01:48:38.749Community Hall: So, seeing no further requests to speak, Madam City Clerk, will you please set the voting
panel, and we'll vote.
58501:48:47.520 --> 01:48:49.830Community Hall: The motion carries with Wong abstaining.
58601:48:51.820 --> 01:49:02.970Community Hall: Okay, so next, we're moving on to the naming, donation, and, sponsorship… sponsorship
policies.
58701:49:03.860 --> 01:49:11.510Community Hall: Which is our item… 13. 13. Madam City Manager, do we have a report?
58801:49:12.100 --> 01:49:23.409Community Hall: Thank you, Mayor. The… this item is consideration of amendments to the City's naming,
donation, and sponsorship policies. This item was requested by City Council as part of the TBD list.
58901:49:23.410 --> 01:49:37.009Community Hall: to review the approval process for any entity to place a logo, name, or brand on any city property. We do have a brief presentation tonight, and with that, I will now turn it over to Astrid Robles, Assistant to the City Manager.
590
01:49:37.100 --> 01:49:41.259
Community Hall: As well as Kirsten Skarsha, Deputy City Manager, to present this item.
59101:49:47.990 --> 01:49:48.820Community Hall: Great.
59201:49:49.060 --> 01:49:58.810
Community Hall: Thank you, City Manager. Good evening, Mayor and Council Members. I am here today to
present the proposed amendments to the City's naming, donation, and sponsorship policies.
59301:49:59.990 --> 01:50:17.400Community Hall: As our city manager mentioned, as part of the TBD list, Council requested review of the
process for placing any logo, name, or brand on the city property. As part of that review, staff evaluated the
existing policies and is recommending amendments to improve clarity, consistency, and coordination between them.
594
01:50:20.010 --> 01:50:36.779
Community Hall: Starting with our… the naming policy, this was first established in 2017 with the purpose to
govern all forms of permanent naming of city-owned facilities. We are renaming this policy and clarifying
that it applies to logos and branding, as well as added cross-references to the donation and sponsorship policies.
59501:50:39.130 --> 01:50:47.010Community Hall: Donation policy was also established in 2017. It governs the acceptance of donations with no expectation of benefits in return.
596
01:50:47.070 --> 01:50:59.559Community Hall: The proposed changes clarify that donations do not automatically provide naming, branding, logo, placement, or sponsorship rights, and that recognition requests outside of the scope of the policy would be reviewed under the naming, logo, and branding policy.
59701:51:02.750 --> 01:51:19.210
Community Hall: The sponsorship policy was established in 2018, and its purpose is to govern arrangements
where support is provided in exchange for recognition or other benefits. The amendments clarify that
sponsorship recognition is generally tied to the duration of a specific event, program, or activity.
59801:51:19.210 --> 01:51:23.980Community Hall: Longer-term recognition would be reviewed under the naming, logo, and branding policy.
599
01:51:24.140 --> 01:51:29.430
Community Hall: I would also add that we did attach the commemorative bench policy as part of the staff
report for reference.
60001:51:31.230 --> 01:51:37.740Community Hall: So, tonight, our recommended action is to accept the amendments presented this evening, and we are here for questions.
601
01:51:39.030 --> 01:51:45.720
Community Hall: Okay, thank you, Astrid, for the report. I, I…
60201:51:45.950 --> 01:52:08.270Community Hall: found that the… I really appreciate the donations policy updates and the sponsorship policy updates. However, I got stuck on the naming, logos, and branding for city facilities, policy. And, you know, reason being is, like, for instance, in Cupertino, we have,
603
01:52:10.060 --> 01:52:22.209
Community Hall: a large company here that has a very easily recognizable logo. And it seems as though they could actually, under this policy, have city,
604
01:52:22.500 --> 01:52:27.080Community Hall: city facilities, bear that logo.
605
01:52:27.390 --> 01:52:35.880
Community Hall: And… and that would actually not be something that I would want to see. So, I'm kind of
curious about…
60601:52:35.880 --> 01:52:57.849Community Hall: this, if this particular item, and perhaps the city manager could address this, if it could come back where we look at what the city's, surrounding cities are doing with regards to branding and logos, because I'm seeing that they're, they're… they don't allow any other, logo on their city properties than the city logo.
607
01:52:57.850 --> 01:52:59.040Community Hall: So is that…
60801:53:00.510 --> 01:53:08.749Community Hall: I'm certainly happy to bring more information. Is that something you want in an info memo, Mayor, or…
609
01:53:09.050 --> 01:53:18.649Community Hall: I think this, I'm unprepared to, either try to edit this on the dais, or,
61001:53:20.040 --> 01:53:25.210Community Hall: Or… or approve it at this time, because of the concern for having
611
01:53:25.350 --> 01:53:36.630
Community Hall: different businesses' logos put on the property, and it's not clear to me when they would be able to do that. So if I were to… it's… I see under the donation policy that I,
61201:53:36.720 --> 01:53:48.610Community Hall: that I would donate something with no expectation to be able to put a logo and brand on it. But we have this naming and branding policy, which I don't quite understand.
613
01:53:48.630 --> 01:54:02.919Community Hall: when that comes into play, but just as a point of principle for the city, that, this… if the city's gonna have a logo placed anywhere on us, that it should be the city's logo, so that,
61401:54:02.920 --> 01:54:09.689Community Hall: This large company, for instance, isn't able to, you know, put their logo or branding on us.
615
01:54:10.160 --> 01:54:17.729Community Hall: So, I don't know if there's an answer to that. It's like, when does the… when does this naming, policy come into play?
616
01:54:18.370 --> 01:54:30.849Community Hall: Yeah, that's a good question. Two things I wanted to… to clarify. The naming policy, always, the authority for the approval of any of the naming always, has been with the City Council, so…
617
01:54:30.850 --> 01:54:37.739
Community Hall: there was nothing that would be placed without, City Council approval. So that is not being
changed, so I wanted to clarify that.
61801:54:37.740 --> 01:54:52.889Community Hall: But in terms of the donation policy, it does… it always had a little sentence at the bottom that allowed for the Council to add a commemorative plaque if they wanted to, and that always existed. And so what we did was add a cross-reference to the naming policy, just to say anything beyond that.
619
01:54:53.030 --> 01:54:55.559Community Hall: Let's say we did have a donor that then wanted
62001:54:55.880 --> 01:55:02.579Community Hall: some form of recognition, it would then fall under the naming policy, which requires council approval.
621
01:55:02.760 --> 01:55:09.290Community Hall: Just because right now, it doesn't mention anything about the naming policy. So these policies were all working.
62201:55:09.640 --> 01:55:21.100Community Hall: independently of their own. And so, with these references, we're just pulling them all
together and kind of clarifying that. Anything beyond these other policies just follow onto the naming policy,
which require Council approval.
62301:55:22.090 --> 01:55:25.639Community Hall: Okay, so I suppose what I'm saying is, like.
62401:55:25.830 --> 01:55:30.099
Community Hall: when I'm looking at the naming of facilities,
62501:55:31.140 --> 01:55:36.419Community Hall: Policy, so now it's the policy on naming, logos, and branding for city facilities.
62601:55:37.310 --> 01:55:46.210Community Hall: I personally don't want to see logos and branding on city facilities, like, for the example I've
brought up.
62701:55:46.350 --> 01:56:03.419Community Hall: And the way this is written, the city council, three people could vote to say, it's okay, and I don't actually see a size limit or anything here, for… it's okay for this…
62801:56:03.590 --> 01:56:07.420Community Hall: this logo to go on your building.
629
01:56:07.630 --> 01:56:17.130
Community Hall: And, you know, were we to receive a large donation from a business while they don't have
the,
63001:56:17.630 --> 01:56:26.220Community Hall: the expectation that they're going to get their logo on it, on… but if there was, you know,
631
01:56:26.870 --> 01:56:42.409
Community Hall: if the company named Tree has a Tree logo, and they want to, have the city, they donate
$20 million, and they want to have an expansion of the Sports Center,
63201:56:42.410 --> 01:57:06.709Community Hall: and they want to have it called the, Cupertino Tree Sports Center, expansion, and they want that great big tree on there. It looks like 3 members of the City Council could allow for that. So they would… the donation policy didn't get them the express permission to have their name there, but the naming
policy would let them
63301:57:06.850 --> 01:57:13.040Community Hall: do that if 3 people, in the city, on the city council agreed to that?
63401:57:14.350 --> 01:57:30.320Community Hall: And so that's where I have a problem. So I personally don't want to see any logos or
branding. Name is fine, but I think we also need to think about how big that's going to be, what we're
talking about,
63501:57:30.320 --> 01:57:40.809Community Hall: because I can see little plaques, but once… once you start naming, you know, convention centers and things after individuals, and, you know, I've seen this in…
636
01:57:40.810 --> 01:57:51.420
Community Hall: other cities. And we do have the Quinlan Community Center, so that we have named,
facilities after individuals.
63701:57:52.110 --> 01:57:59.139Community Hall: But, I feel like this… this one is a little bit, too liberal,
638
01:57:59.630 --> 01:58:11.009
Community Hall: And there's not enough… there's not enough rules around it, and that's why this is the one
section that I would want to have come back as a study session for a little further discussion about,
63901:58:11.490 --> 01:58:15.909
Community Hall: What could possibly happen under… under this policy?
640
01:58:16.420 --> 01:58:20.400
Community Hall: So, I see, Vice Mayor, your hand's raised, followed by Councilmember Ruang.
64101:58:29.930 --> 01:58:33.210Community Hall: So, this is the donation policy.
642
01:58:33.310 --> 01:58:36.509
Community Hall: And I… I like that,
64301:58:36.630 --> 01:58:54.640Community Hall: This part is clarified, that acceptance of a donation does not create any right to naming, recognition, logo placement, sponsorship benefits, or advertising. So it's good to clarify that, and any recognition
644
01:58:54.910 --> 01:59:04.229
Community Hall: Well, then… the council… may recognize, and I assume that means it will require Council approve.
64501:59:04.540 --> 01:59:18.709Community Hall: to provide any kind of recognition, and that should follow the naming policy. I like this
clarification, and then I have a question. Oh, sorry.
646
01:59:19.070 --> 01:59:21.030Community Hall: Out.
64701:59:22.190 --> 01:59:28.059Community Hall: Hmm… The kit was hitting the wrong one. Okay, here.
648
01:59:28.540 --> 01:59:30.840
Community Hall: I have a question about…
64901:59:31.330 --> 01:59:40.310Community Hall: what is this? And is this covered by the naming policy, or whatever policy? I believe this is,
650
01:59:40.820 --> 01:59:43.890
Community Hall: A partial donation by the Rotary Club.
65101:59:44.300 --> 01:59:45.630Community Hall: And,
652
01:59:46.220 --> 01:59:58.130
Community Hall: when someone donates an object to the city, I assume there will be, like, a brand of…
there might be a small brand of whoever manufactured it.
65301:59:58.500 --> 02:00:09.360Community Hall: But this logo is a logo, a very prominent logo of Rotary Club. That's not even the manufacturer of this so-called bike rack.
654
02:00:09.630 --> 02:00:17.470Community Hall: So, this has been placed in multiple locations in the city. So, that one is in Memorial Park.
65502:00:17.640 --> 02:00:33.479Community Hall: And kids are climbing on it, and this one is placed on Stevens Creek. It's a squarish design with a very prominent Cupertino rotary logo, and it's at the location where
656
02:00:33.620 --> 02:00:48.849Community Hall: it doesn't really suggest to people that it's even a bike wreck. And this is another location where one of the bike racks is placed in McLellan Ranch. It's a yellow circle that also does not suggest it's a bike wreck, but
65702:00:49.020 --> 02:00:52.939
Community Hall: It appears to be the main purpose is the logo.
65802:00:53.130 --> 02:00:56.829Community Hall: Which is the Cupertino Rotary Club logo.
65902:00:56.970 --> 02:00:58.130Community Hall: on the CD Pro.
660
02:00:58.330 --> 02:01:10.549Community Hall: property, and there are maybe… I don't know how many of these bike racks are there, like, 8 or more such bike racks on the city properties. So…
66102:01:12.050 --> 02:01:21.289Community Hall: Assuming this is a donation by Rotary Club, do they then have the right to put their logo on
the thing
66202:01:22.090 --> 02:01:24.079Community Hall: The object they donate.
66302:01:24.200 --> 02:01:27.409Community Hall: With a very prominent logo of their club.
664
02:01:28.170 --> 02:01:30.700Community Hall: To kind of claim ownership.
66502:01:30.820 --> 02:01:39.739
Community Hall: of, city property. That's… that's not really covered in the current policy, so I'm… have a question about…
666
02:01:40.350 --> 02:01:44.710
Community Hall: How we should handle this kind of…
66702:01:45.900 --> 02:01:49.389Community Hall: logo. It could be any other company.
66802:01:49.950 --> 02:01:53.049
Community Hall: That… who donate something, but they…
669
02:01:53.270 --> 02:02:05.490Community Hall: put… then it could be any other company or entity or organization. They donate an object and put a very prominent logo of their own company to the city, and we accept it.
67002:02:05.760 --> 02:02:09.049
Community Hall: So how should we regulate?
671
02:02:09.640 --> 02:02:21.580Community Hall: what we accept or not, yeah. Vice Mayor, I was gonna… sorry, I didn't mean to cut you off. I think that something like this would be, going forward, would be governed by the naming and the logo policy.
672
02:02:21.680 --> 02:02:23.450
Community Hall: That you're considering tonight?
67302:02:24.360 --> 02:02:30.489Community Hall: No, my question is, it's not covered by the policy that's proposed tonight.
67402:02:30.610 --> 02:02:34.910
Community Hall: Because a donation policy covers the donation.
675
02:02:35.200 --> 02:02:43.720Community Hall: So that… but this is not a separate logo. The naming policy appears to cover a separate recognition.
67602:02:44.980 --> 02:02:54.969
Community Hall: Beyond the donation, but this logo is on the object, donated object itself, and that's not
covered in the current
67702:02:55.280 --> 02:03:02.010Community Hall: policies. I believe that. Or maybe the staff can propose something next time when this comes back.
67802:03:02.150 --> 02:03:12.520Community Hall: So, any object that's donated to the city, are they allowed to have logo of the donated organization? If so.
679
02:03:12.800 --> 02:03:27.230
Community Hall: maybe how prominent it is, or if the recognition should be separately approved. A donation should just be a donation without the recognition.
68002:03:27.360 --> 02:03:35.060Community Hall: Unless it's approved by the Council. That's something the staff can bring back, some options to consider.
681
02:03:35.570 --> 02:03:47.060Community Hall: if, yeah, if that's Council direction to bring this item back, we're happy to, but, you know, if I look at the naming where it talks about the logo placement,
68202:03:47.100 --> 02:03:58.070Community Hall: the way that the policy reads to me as we're presenting tonight is any logo that's placed on
city property would require it coming to Council in approval.
68302:03:58.340 --> 02:04:08.200Community Hall: But if there's further clarification that's required, I'm happy to either take direction now, or if the direction is to come back, we're happy to do, happy to do so.
68402:04:13.830 --> 02:04:15.199
Community Hall: Councilmember Wong?
68502:04:16.960 --> 02:04:28.019Community Hall: My only comment here was really that there may be a point in time where the city may need to find other funds, and how we handle sponsorship and naming needs to be set up, so I think it's good to think about this policy now.
686
02:04:28.090 --> 02:04:38.679
Community Hall: And, you know, if we have pomegranate field in the future, it'd be interesting. But that's
the point. It's, it is up to future councils to decide. So, I'll leave it at that.
68702:04:39.990 --> 02:04:50.209Community Hall: Thank you. I do think we… one thing that's missing is, having a limit for how long,
688
02:04:50.350 --> 02:04:55.320
Community Hall: Signage, can be on, city property.
68902:04:55.470 --> 02:05:03.199Community Hall: I think if there were to be something like a pomegranate field, that we would…
69002:05:03.590 --> 02:05:10.050Community Hall: it almost gets to a place where I'd want to… if it's that significant, put it on the ballot.
691
02:05:10.170 --> 02:05:12.059
Community Hall: And… and let the…
69202:05:12.060 --> 02:05:30.409Community Hall: let the public decide about it. I think that, some of us are more sensitive than others about seeing, signage put on public property, because it's, it's, it's for the use of everyone. And so when you have it, it.
693
02:05:30.410 --> 02:05:55.400
Community Hall: used for perpetual, like, advertising. That's particularly problematic. In looking at the MOUs with regards to those particular, bike racks, there was nothing in the MOU that said that they would, be placing their branding on the item. That was something that, is not… it's not contracted, so I don'
69402:05:55.400 --> 02:06:06.040Community Hall: I don't see that they have a right to have that there, and I think that the city, can choose
to, remove it,
69502:06:06.180 --> 02:06:24.949Community Hall: and place a, you know, if they want to have a plaque, I think the size of plaques should probably be discussed, because we do, you know, even within here, there's a plaque here, there's some in the library,
696
02:06:25.120 --> 02:06:32.319
Community Hall: In other locations within the city, one of the trails has a plaque as well, and
69702:06:33.150 --> 02:06:40.889Community Hall: We haven't even touched on the, the bench policy, which does need to come back as well, because that, that,
698
02:06:41.390 --> 02:06:50.919
Community Hall: the bench policy doesn't really have a set, like, locations for where benches go, so I think
I'll just… because it's,
69902:06:51.290 --> 02:07:10.300Community Hall: not really agendized for discussion, but I think that's another part that needs to come back, to be more comprehensive. So, I think that there's, some kind of overlapping issues between the policies looking at, like, donation.
700
02:07:10.420 --> 02:07:12.219
Community Hall: And…
701
02:07:12.340 --> 02:07:23.620
Community Hall: the recognition that somebody would be getting from that donation, and I'm, like I had said previously, I'm, still have problems with the naming policy and would like to
702
02:07:23.620 --> 02:07:37.569
Community Hall: Know what other cities are doing with regards to allowing, the branding and logos on their
property, and, also have something with regards to size, because that's, if we're leaving it to,
70302:07:38.000 --> 02:08:02.010Community Hall: the city staff to decide, I think that that can run into some problems, and… but I am overall really happy to see that this… it would now get to the Council, because I think it's important that when we see, installations throughout the city that didn't have any council say, that… that that's not following a good… a good process.
704
02:08:02.100 --> 02:08:11.780Community Hall: for… for the residents, and then we end up hearing complaints about things that have been placed, like, why was this done? Why is this logo on here?
70502:08:11.900 --> 02:08:21.939Community Hall: why… why was this, art installation put in here without going through, the Council at all?
Was that… is… was that a proper,
70602:08:22.050 --> 02:08:25.440Community Hall: Action. So…
70702:08:25.550 --> 02:08:40.090Community Hall: I kind of think that this item needs to come back and perhaps have a moratorium on… on
placements, until we've, come to an agreement on all three items.
70802:08:40.410 --> 02:08:45.199Community Hall: Councilmember Mohan, your hand's raised, and we still need to go out to public comment.
70902:08:45.710 --> 02:08:46.620Community Hall: Thank you.
710
02:08:50.910 --> 02:08:56.129Community Hall: Okay, Madam City Clerk, do we have any members of the public that would like to speak on this item?
71102:09:06.850 --> 02:09:14.229Community Hall: Mayor, I have one request to speak here in Community Hall, and at this time, I have two
hands raised virtually, so we will welcome Rhoda.
71202:09:14.520 --> 02:09:19.319Community Hall: I just wanted to echo the comments made by the mayor.
713
02:09:20.160 --> 02:09:24.189Community Hall: Those things that are supposed to be bike racks look like…
714
02:09:24.330 --> 02:09:37.849
Community Hall: like, climbing structures, and particularly the one at McCullen Ranch, it really scares me,
because I think it could actually break a finger, break a… break a wrist in there.
71502:09:37.960 --> 02:09:49.479Community Hall: I actually went to the… I went to the building department, and I asked whether these things were vetted. They were not. And… and in general, actually, it seems like
716
02:09:49.730 --> 02:09:58.009
Community Hall: Projects that happen within the city, the city projects, are… do not get the benefit of our
own building department.
71702:09:58.010 --> 02:10:13.560Community Hall: And time and time again, I know I'm getting off topic, but time and time again, we see rework because the building department was not involved, or there wasn't due diligence. One example, actually, is right behind us here with these ADA doors. They were not present.
718
02:10:13.750 --> 02:10:27.630Community Hall: when the facility was built initially, and it created quite an issue. Getting back to these naming issues, I would also realize I'm a little behind, I probably should have emailed you.
71902:10:27.810 --> 02:10:38.150Community Hall: You… I don't know whether any of you guys are aware of this, but back when, there was
going to be a significant donation for the Cupertino Library.
72002:10:38.810 --> 02:10:46.379Community Hall: And, it was going to have a community member's name on the library, because it was a significant contribution.
72102:10:46.380 --> 02:10:52.709
Community Hall: And council didn't want it. They didn't want to put one person's… arbitrary person's name.
72202:10:52.710 --> 02:11:08.290Community Hall: And then it wound up becoming, a racial issue. It was very highly contested, and ultimately, we did get the… we did get the aquarium, which is being, thankfully, is being rebuilt now after many years. So…
723
02:11:08.730 --> 02:11:17.589
Community Hall: these… these things are… I… I don't… I don't envy the staff here for trying to propose
something.
72402:11:18.190 --> 02:11:20.620
Community Hall: so I… I can't make a specific
725
02:11:21.610 --> 02:11:27.280
Community Hall: recommendation on what to do. You've got a hard… I think there's a lot of nuance here.
72602:11:27.430 --> 02:11:28.160Community Hall: Hmm…
727
02:11:28.410 --> 02:11:40.050
Community Hall: And maybe… maybe these things should be taken at a one at a time, at a case-by-case pay
basis, rather than… I'm just thinking about that rather than…
72802:11:40.190 --> 02:11:42.140Community Hall: Having policy on them?
729
02:11:42.590 --> 02:11:49.480
Community Hall: But I think these bike racks was very instructive on what not to do, in our city.
73002:11:49.590 --> 02:11:57.340Community Hall: And I was really… I was really surprised, because when I… when the proposals came through, the logos were not on there. And the logos really…
731
02:11:57.790 --> 02:12:00.280
Community Hall: create a hazard, and I… and I think that…
73202:12:00.500 --> 02:12:02.680Community Hall: Also, a liability for the city.
733
02:12:02.890 --> 02:12:05.389
Community Hall: So… Thank you very much.
73402:12:05.580 --> 02:12:06.600Community Hall: Good luck!
73502:12:08.130 --> 02:12:09.369
Community Hall: Thank you, Rhoda.
73602:12:10.230 --> 02:12:16.430Community Hall: And now we'll move to the request to speak virtually. We have two hands raised. We will welcome San Rao.
73702:12:19.600 --> 02:12:36.389
San Rao: Good evening, Councilmember. Speaking on behalf of myself only as a Cupertino resident, the
donation-related policy needs to also look at the liabilities that come with the donation. I have pointed out to
you before that you have, in your midst, a public record request.
73802:12:36.460 --> 02:12:46.919San Rao: If you search for the organization that made that particular donation under discussion, and you search for the term bike rack in public record requests, you will find a public record request
739
02:12:47.010 --> 02:12:53.679San Rao: That goes into extensive discussion between a member of that organization and a member of staff.
74002:12:54.180 --> 02:12:58.279San Rao: asking… For reduction in liability coverage.
741
02:12:58.450 --> 02:13:04.489
San Rao: On those bike racks, because that particular individual believed that there was a cost issue that was prohibitive.
74202:13:04.850 --> 02:13:07.360San Rao: And this was under the previous city manager.
743
02:13:07.640 --> 02:13:13.960
San Rao: And under, a prior Council majority, but that public record request
74402:13:13.990 --> 02:13:22.810San Rao: then finds that Trey basically ends in a live meeting, and so it actually asks you to investigate what the outcome of that discussion was. If it did go into a live meeting.
745
02:13:22.810 --> 02:13:35.669
San Rao: you need to call for an investigation to understand if, in fact, the liability was made. So there's not just a donation naming issue here, but there's a liability issue as well, and I'd urge you to look into who provides liability insurance on
74602:13:35.680 --> 02:13:45.449San Rao: what has been donated to the city, especially the item under discussion right now. And if the
coverage is insufficient, what is the city liable for?
74702:13:45.590 --> 02:14:05.380San Rao: Likewise, I've talked about the queuing rack at the pickleball courts. It brings together unrelated individuals. There are minors on court with unrelated individuals. God forbid if there was any kind of incident, what is the liability the city faces? So there are a number of incidents that you need to think about, not purely from a donation perspective, but what does it…
748
02:14:05.410 --> 02:14:10.689
San Rao: cost the city in case there were a litigation involving that item. Thank you.
74902:14:14.250 --> 02:14:16.760Community Hall: Thank you, Stan. Next, we will welcome Jennifer Griffin.
750
02:14:19.270 --> 02:14:21.129
Jennifer Griffin: Can you all hear me?
75102:14:22.450 --> 02:14:23.569Community Hall: We can hear you.
752
02:14:23.570 --> 02:14:34.689
Jennifer Griffin: Okay, thank you. Yes, I'm glad that you all are discussing this. I remember the library
incident that Rhoda had spoken of, and I think that
75302:14:35.090 --> 02:14:37.990Jennifer Griffin: We need to realize that
754
02:14:38.720 --> 02:14:49.250
Jennifer Griffin: It's very lovely, wonderful, when people donate things to the city, whether it's money, pieces
of artwork, It…
75502:14:49.620 --> 02:14:58.779Jennifer Griffin: things that are held in trust, parkland, etc, etc. It might be nice to acknowledge them by having
756
02:14:58.930 --> 02:15:15.859
Jennifer Griffin: part of the Cupertino website, and this is a perfect location because the website has everything that pertains to the city in it. Have a section that acknowledges donations of different kinds, and
75702:15:15.950 --> 02:15:28.939Jennifer Griffin: This does something in that it allows everyone, students, old people, young people, etc, to
look at the city website as a resource of learning.
758
02:15:29.110 --> 02:15:44.289Jennifer Griffin: That means that they can go onto the website under the philanthropy or contribution section and look at different types of ways that individuals, families, etc. have
75902:15:44.490 --> 02:15:47.969
Jennifer Griffin: helped make their mark on Cupertino by
760
02:15:48.410 --> 02:16:05.680Jennifer Griffin: donating land, donating parks, donating money, which allowed XYZ to be purchased, etc, etc. We've never really had anything like this before, and it made me think, because I get a lot of things from San Jose State.
761
02:16:05.680 --> 02:16:16.970
Jennifer Griffin: as an alumni, and we do… my husband and I contribute to his university and to San Jose
State, and they… they acknowledge their donors
76202:16:16.980 --> 02:16:29.630Jennifer Griffin: by having write-ups in the booklet. I donate to the chemistry department regularly. My husband donates to statistics at, former Hayward State, which is now East Bay State.
763
02:16:29.690 --> 02:16:37.009Jennifer Griffin: And it's nice to know Who is involved in thinking about different parts of
76402:16:37.070 --> 02:16:54.950Jennifer Griffin: of donations. It also… it all… if you see what people are doing, it also encourages other individuals to contribute, too, in their own way. So this is something that you can go do research and see,
even if someone contributed
76502:16:55.100 --> 02:17:06.119Jennifer Griffin: someone had fixed… a student had helped fix up, a garden or a walkway. Everything can be,
76602:17:06.209 --> 02:17:18.670Jennifer Griffin: graciously received, and that way, then, you look it up. But I understand why we can't have
names all over the city, etc, but I think that having a lovely
76702:17:18.790 --> 02:17:26.110Jennifer Griffin: website that acknowledges people's contributions would be a wonderful learning tool. Thank you.
76802:17:28.379 --> 02:17:31.439
Community Hall: Thank you, Jennifer. Mayor, that concludes the request to speak on this item.
76902:17:33.089 --> 02:17:35.479Community Hall: Okay, thank you,
77002:17:36.029 --> 02:17:49.319Community Hall: I do think that that's an interesting idea, from the last speaker about having some public
recognition area. At this time, I would prefer that we would actually
77102:17:49.789 --> 02:17:51.679Community Hall: Table this item.
77202:17:52.619 --> 02:18:15.859Community Hall: And, if we can bring it back as a study session, to include items such as a plaque size,
when would we have removal of old branding? We have some that's actually deteriorated at a location where
they're, it's on a bench, in a fairly prominent location, and it's not looking very attractive.
77302:18:15.859 --> 02:18:18.609Community Hall: And I'd like to…
774
02:18:18.609 --> 02:18:38.389Community Hall: have a brand logo comparison with surrounding cities to see what they're doing, and for now have a moratorium on adding more branding and labeling until we've brought it back, had a study session, and then provided some clear direction for what we want to see.
775
02:18:38.489 --> 02:18:40.199
Community Hall: And do I have a second on that?
77602:18:40.389 --> 02:18:53.329Community Hall: Mayor, can I clarify something before you get the second? Sure. On the moratorium piece, it does not affect the sponsorships, and sometimes we get donations, for example, to the Senior Center.
777
02:18:53.499 --> 02:19:09.409
Community Hall: which, may not have anything in return other than a thank you letter. There are also sponsorships for city events, from businesses sometimes. If it… okay, so it's… it's strictly with regards to having some sort of plaque.
77802:19:09.409 --> 02:19:19.179Community Hall: or brand, or, you know, label placed on the city, or an object, actually, placed on city
grounds. Are you excluding cash donations, is that what you're saying?
77902:19:19.399 --> 02:19:26.709Community Hall: No, that doesn't… it's unless they're going to be, nailing it to the ground out front. I'm not excluding this.
78002:19:28.999 --> 02:19:30.479
Community Hall: The plaque.
78102:19:31.099 --> 02:19:34.099Community Hall: Okay, thank you for clarifying there. Okay, thank you.
78202:19:34.619 --> 02:19:35.779Community Hall: Do I have a second?
783
02:19:36.149 --> 02:19:37.319Community Hall: Sure, second.
78402:19:37.719 --> 02:19:40.219Community Hall: Yes, Vice Mayor.
785
02:19:40.579 --> 02:19:49.209
Community Hall: So… Well, first I have a question, then I have a clarification. First.
78602:19:49.419 --> 02:20:02.819
Community Hall: What do you think about just approving the donation policy and the sponsorship policy
today, and only bring back the naming logos and branding?
78702:20:05.639 --> 02:20:22.679Community Hall: there were some things in the donation policy that didn't… that needed some clarification
and further study, was the… was the problem there. Okay. And one of them even includes our sheriff's
contract, because that's what they've been using.
78802:20:23.659 --> 02:20:29.879Community Hall: Okay, that's fine. And I actually do need to add to my…
78902:20:30.499 --> 02:20:39.679
Community Hall: motion, if possible, that we also bring back the bench donation policy for clarification as
well. That one…
79002:20:39.949 --> 02:20:48.699Community Hall: one year, it was… Misconstrued to be the donation of a plaque would get you a bench.
79102:20:49.219 --> 02:20:57.399
Community Hall: Yeah, so that was kind of a problem, so we need to… What would you like to mend? Well,
at issue also is…
79202:20:57.539 --> 02:21:14.569Community Hall: some… many of these are being used as memorials, and do we really want to have all of our benches have a memorial statement? Because to me, it starts getting a little gloomy.
793
02:21:14.569 --> 02:21:24.059
Community Hall: And, you know, dedicating it to individuals, it can also… someone can choose as a
controversial person.
79402:21:24.059 --> 02:21:44.579Community Hall: And so I think those would come to Council, but are we going to just be expanding the number of park benches without some plan about where these are going to be? Do we have areas of the city where we do or don't want to have memorial benches, if that's going to be what the trend is?
795
02:21:45.249 --> 02:22:00.979
Community Hall: Yeah, I just… it's just something that I think we need to have it as a study session where we get into this type of discussion. Mayor, how would you like to make the amendment? Just that we would bring back the commemorative bench policy for discussion as well with the other members. Second that. Okay, thank you.
796
02:22:05.589 --> 02:22:10.439
Community Hall: A vice mayor? Yeah. So… I…
79702:22:11.829 --> 02:22:16.079Community Hall: I looked at the policy again, I think that city manager
79802:22:16.429 --> 02:22:23.739Community Hall: is right that this current, proposed naming policy. My…
799
02:22:24.019 --> 02:22:30.109
Community Hall: Already covered the… the logo on the donated object.
80002:22:30.109 --> 02:22:44.929Community Hall: So, I see that… so, the original policy already included equipment and furnishings, but now we have added, including the use of or display of logos, trademarks, colors, insignia.
801
02:22:45.199 --> 02:22:51.469
Community Hall: Symbols and branding that identify an organization, business, or other entity.
80202:22:51.849 --> 02:23:06.169Community Hall: And then this particular here is also equipment or furnishing, including the use of any local branding, is subject to the approval of the City Council.
803
02:23:06.289 --> 02:23:09.169
Community Hall: So, sounds like the current policy
80402:23:09.489 --> 02:23:14.679Community Hall: Or we already require City Council approval for any naming of
805
02:23:15.139 --> 02:23:29.599
Community Hall: city, building, structure, equipment, and furnishing. It's just… we did not clarify. Naming
means a logo, which has a name also, and so this…
80602:23:29.769 --> 02:23:34.699Community Hall: I guess clarified that, it's this encoder.
807
02:23:34.949 --> 02:23:43.579
Community Hall: furnishings, so if the furnishing is donated with the logo, then it will be subject to approval
of the council, yeah.
80802:23:43.709 --> 02:23:44.639Community Hall: Thank you.
809
02:23:45.599 --> 02:23:51.249
Community Hall: Thank you, and… One thing just came to mind is,
81002:23:51.419 --> 02:23:59.039Community Hall: Well, if we were to have a religious organization with, their logo.
811
02:23:59.379 --> 02:24:07.159Community Hall: wanting to have that posted on city property. Where's there a difference between,
812
02:24:07.329 --> 02:24:17.829
Community Hall: In this case, the rotary doing that, and having it in the public right-of-way, and a religious
institution doing that.
81302:24:18.329 --> 02:24:33.809Community Hall: I think that's… I think when we… if this passes and we… we bring this back, I think that that would be something that we also would want to talk about. It's kind of like, when we put in the flag policy, to… there's…
814
02:24:34.299 --> 02:24:39.129
Community Hall: What's, what's actually fair for the community and, and,
81502:24:39.709 --> 02:24:46.429Community Hall: Yeah, I think it's, we could have some very interesting discussion about this. So, Mayor… Yes?
816
02:24:46.659 --> 02:24:54.439
Community Hall: So, I think another issue with having a logo of an organization is, for example, that…
81702:24:54.679 --> 02:24:57.659Community Hall: Circle, yellow circle by the barn.
818
02:24:57.739 --> 02:25:15.989
Community Hall: is with a prominent logo. It gives the impression that this organization somehow owns the
bomb, or somehow is sponsoring the bomb, when that's not the fact. And so if… when we allow an old local organization
81902:25:16.039 --> 02:25:21.799Community Hall: placed on a city property, or even next to a city property. I think we need to think about
820
02:25:21.969 --> 02:25:27.369
Community Hall: Are we creating some public confusion on whether this is the city?
82102:25:27.509 --> 02:25:32.259Community Hall: Building, or not, or belonging to a third party, so…
822
02:25:32.409 --> 02:25:45.139
Community Hall: Yeah. That's interesting, because you see that when you, enter the, Quinlan Community
Center, because there's the same logos, on the benches there.
82302:25:45.519 --> 02:25:47.799
Community Hall: Pretty prominently.
824
02:25:48.309 --> 02:25:55.889
Community Hall: Okay. Yeah, I think the Quinlan, I've been wondering about those, the Quinlan. I'm guessing they were…
82502:25:56.209 --> 02:26:03.309Community Hall: created when built… when Liang was built, so maybe they have donated something?
826
02:26:03.519 --> 02:26:10.439
Community Hall: At the time, I… it would be nice to find out where, how those come about.
82702:26:10.799 --> 02:26:12.599Community Hall: Yam. Okay.
828
02:26:13.249 --> 02:26:25.809
Community Hall: So, Madam City Attorney, is my motion proper to table the item and bring it back to… for a
study session? It is, and you could, suggest a date or leave it open-ended.
82902:26:25.809 --> 02:26:37.729Community Hall: Okay, I'll, yeah, I'll leave it open-ended. So we do have a motion and a second. I see no further hands raised at this time. Madam City Clerk, will you please set the vote panel, and we shall vote.
830
02:26:53.589 --> 02:26:54.889
Community Hall: Councilmember Mohan?
83102:26:56.679 --> 02:26:58.929Community Hall: The motion carries with Ruin voting no.
832
02:26:59.739 --> 02:27:08.969
Community Hall: All right, and at this time, we go to Items removed from the consent calendar, which are
Items 3 and 6.
83302:27:10.019 --> 02:27:15.619Community Hall: Correct. Okay, Madam City Manager, do we have a presentation for Item 3?
834
02:27:15.739 --> 02:27:28.679
Community Hall: Mayor, I don't believe we have a presentation for this item. This is a proposed… The
proposed action is to approve the final map for the RISE development at Stevens Creek Boulevard and Wolf Road.
83502:27:28.679 --> 02:27:36.789Community Hall: While approval of a final map is a ministerial process, the Cupertino Muni Code requires
that the final map is approved by City Council.
836
02:27:36.809 --> 02:27:42.989Community Hall: Staff and representatives of the developer, I believe, are here for any questions.
837
02:27:46.019 --> 02:27:58.479
Community Hall: Okay, so there's… there's no presentation. This had been on consent. Do we have any
clarifying questions from members of the Council before we go out for, public comment?
83802:28:01.279 --> 02:28:02.679Community Hall: Vice Mayor.
839
02:28:03.529 --> 02:28:19.209
Community Hall: Could the staff please briefly, summarize what on the final map consists, what kind of
change in easement, especially in anything involving roadways?
84002:28:19.649 --> 02:28:20.329Community Hall: Mmm…
841
02:28:22.599 --> 02:28:29.869
Community Hall: Yeah, I think, the question is, there are certain, easements that are being vacated or
partially vacated.
84202:28:30.089 --> 02:28:37.889Community Hall: Those easements are fully contained within areas that are being dedicated to the city in full.
843
02:28:37.989 --> 02:28:51.179
Community Hall: So if there is a public utility easement in an area that's going to be dedicated as public
roadway, we've asked that that easement be removed, just for clarity and clear title.
84402:28:51.469 --> 02:28:56.739Community Hall: On any changing configuration for the roadways?
845
02:28:59.009 --> 02:29:05.539
Community Hall: And, for Wolf, on any changes, like, number of lengths, on the width.
84602:29:06.229 --> 02:29:11.089Community Hall: That stuff is not being, approved with the subdivision map.
847
02:29:12.539 --> 02:29:24.799
Community Hall: Okay, so there is no change on that part. Okay. Then, I remember in the initial project
proposal, there was a bus terminal, and so…
84802:29:24.999 --> 02:29:28.599Community Hall: Is there any dedication for bus?
84902:29:32.519 --> 02:29:42.519Community Hall: for any bus parking along Stevens Creek, or… I think initially there was going to be some kind of transit center.
850
02:29:42.979 --> 02:29:47.599
Community Hall: And… So, are those all now removed?
85102:29:48.039 --> 02:29:59.819Community Hall: There is no dedication for a transit center, along the public right-of-way. There is an existing bus stop on Stevens Creek Boulevard. That's not affected by this map.
852
02:30:00.029 --> 02:30:06.579
Community Hall: But then there is no indentation to allow bus to park.
85302:30:07.589 --> 02:30:13.089Community Hall: Without blocking the vehicle traffic.
854
02:30:14.409 --> 02:30:21.669
Community Hall: That's… you're… you're getting into design efforts that are not part of the… That's not part
of… Not part of the subdivision map. Oh.
85502:30:22.099 --> 02:30:32.319Community Hall: Because along Stevens Creek, there are some bus stops that has this carve-out. So that's… do you know if that's being proposed or not?
856
02:30:32.509 --> 02:30:35.949
Community Hall: I'm not sure that that's part of this project,
85702:30:36.159 --> 02:30:40.339Community Hall: But I have not seen those finalized drawings yet, no. Okay.
858
02:30:40.449 --> 02:30:41.629
Community Hall: And…
85902:30:42.449 --> 02:30:53.099Community Hall: Then, another question is about, there was a discussion of fire station that's required. Was there… is there now any dedication to fire station?
860
02:30:53.399 --> 02:31:03.469
Community Hall: That would not be part of this subdivision map. So there is no dedication for fire, either?
Okay. On my next question…
86102:31:04.459 --> 02:31:15.199
Community Hall: is, okay, here. In the staff report, it says, This will facilitate construction of
862
02:31:15.469 --> 02:31:33.069
Community Hall: 2,669 residential units, and 31 office retail condominium units. So there will be 31 separate parcels for the office retail condominium units.
86302:31:34.189 --> 02:31:36.689Community Hall: But then, in the…
864
02:31:37.079 --> 02:31:51.089
Community Hall: resolution, I see it says the project will consist up to this number of units, but up to 2,700 condominium units.
86502:31:51.269 --> 02:32:00.439Community Hall: So I'm just a little confused between these two. There's a nuance when it comes to, law.
There's parcels, which are typically,
866
02:32:00.759 --> 02:32:09.039Community Hall: horizontal on the land. Condominiums are kind of air subdivisions. So with respect to this subdivision map.
86702:32:09.179 --> 02:32:17.449
Community Hall: We are showing how the parcels lay out on the ground, but we're also allowing for, what
868
02:32:17.559 --> 02:32:33.739Community Hall: the subdivision of the condominium units, so we're calling out the certain number of units on the map. Condominium plans are recorded directly with the state… I'm gonna get this wrong, but the building and architecture, I think, is what it is.
869
02:32:33.869 --> 02:32:43.849
Community Hall: Those are our state-mandated, documents. So this… so this map… final map would have,
individual parcels for each individual.
87002:32:43.969 --> 02:32:45.169Community Hall: buildings.
871
02:32:45.439 --> 02:32:56.629
Community Hall: But for each building, there might be also multiple condominium units. That is correct. For,
like, maybe a storefront or office that could be…
87202:32:56.799 --> 02:32:58.789Community Hall: sold separately?
873
02:32:59.269 --> 02:33:03.289
Community Hall: Correct. Up to 2,700 condominium units. Okay.
87402:33:03.909 --> 02:33:10.439Community Hall: Another question… Sorry, I cannot see… okay, here.
875
02:33:13.709 --> 02:33:20.589
Community Hall: Wait. I closed the staff report. Just a minute. I'll stop here, I'll share later.
87602:33:23.139 --> 02:33:24.349Community Hall: Right,
877
02:33:25.119 --> 02:33:45.109
Community Hall: So, a quick comment, just because there's, like, the 2,700, condominium units, it doesn't
mean that they're going to be for sale. They can be rented out, so that people don't, think that there's going
to be a massive, you know, condominium
87802:33:45.109 --> 02:33:47.389Community Hall: project out there.
879
02:33:47.549 --> 02:34:11.009
Community Hall: And they did… in the original project, you had, I believe two parcels back in 2018, and now
they've parcelized, the entire project out, so that they can, sell individual sections off, if I understand that correctly, if a different developer is interested in a certain block, that they can, move ahead with that. Is that correct? That's correct.
88002:34:11.009 --> 02:34:12.019Community Hall: Okay. Hmm.
881
02:34:13.609 --> 02:34:24.469Community Hall: Okay, so another question is, in terms of the process, so the tentative map was…
88202:34:24.619 --> 02:34:38.139Community Hall: already approved, through the administrative process under SB35, right? And then, what's on the agenda today is the final map.
883
02:34:38.479 --> 02:34:40.559Community Hall: And then the…
88402:34:41.379 --> 02:34:49.619Community Hall: All we have authority to do is, for the final map, is to find that it's consistent with the tentative map.
885
02:34:49.869 --> 02:34:51.899Community Hall: And then we have to approve them.
886
02:34:52.199 --> 02:34:54.989
Community Hall: So, is my understanding correct?
88702:34:56.139 --> 02:35:02.249Community Hall: That's pretty much correct for every final map that you see. It's always a ministerial
process.
88802:35:02.359 --> 02:35:09.789Community Hall: So hopefully that clarifies that. Okay, so then is the subdivision Improvement Agreement?
88902:35:09.979 --> 02:35:18.379Community Hall: Just choose… administrative process, or is that a council discretion?
890
02:35:18.459 --> 02:35:38.129Community Hall: Also? I'll defer to the City Attorney on that one. For this project, this SB35 project, that subdivision Improvement Agreement is ministerial for the Council. I do know that the Public Works Director and the City Attorney, interfaced, in the negotiation of that document.
89102:35:38.479 --> 02:35:42.019
Community Hall: So this is a result of a negotiation.
89202:35:42.179 --> 02:35:48.159Community Hall: Which means it's not a ministerial. No, I think it's still ministerial.
89302:35:49.099 --> 02:35:55.409Community Hall: At this… on what improvements to provide or not provide. So, why is that?
894
02:35:56.669 --> 02:35:59.629Community Hall: Not a discretionary decision.
89502:35:59.909 --> 02:36:05.759Community Hall: Well, for the, the body, for the political body, it's, ministerial approval.
896
02:36:06.889 --> 02:36:09.229
Community Hall: Okay.
89702:36:09.529 --> 02:36:19.249Community Hall: So now I will share screen. This is from the staff report. So, for subdivision Improvement Agreement, it says that
898
02:36:19.469 --> 02:36:25.119
Community Hall: This would include a new frontage road along the west side of North
89902:36:26.149 --> 02:36:33.009
Community Hall: Wolf Road, and new curb, and gutter, and detached the sidewalk.
900
02:36:33.169 --> 02:36:46.519
Community Hall: and driveway airports, and related frontage improvements in accordance with city standards. So, these improvements already included,
90102:36:48.249 --> 02:36:56.469Community Hall: because they are specified in the CP standards, is that… So that's why… on…
902
02:36:56.609 --> 02:37:01.839
Community Hall: Because reading this does bring me to a question of.
90302:37:01.999 --> 02:37:07.619Community Hall: What could be included in a subdivision improvement agreement or not.
904
02:37:07.989 --> 02:37:11.959
Community Hall: We, for example.
90502:37:12.089 --> 02:37:22.109Community Hall: This would improve the curb, the gutter, the sidewalk, the driveway. Then how about the wall that's separating from the neighborhood?
906
02:37:22.109 --> 02:37:32.229
Community Hall: That wall has been there, I think, for 20, 30 years. How about an improvement for that
wall? Shouldn't that also be…
90702:37:32.489 --> 02:37:33.789Community Hall: Include data.
908
02:37:34.139 --> 02:37:35.829
Community Hall: as an improvement.
90902:37:36.489 --> 02:37:44.009Community Hall: That's not a city standard improvement, that's a civil improvement. So,
910
02:37:44.159 --> 02:37:47.649
Community Hall: Unless the city adopts a standard?
91102:37:47.809 --> 02:37:49.359Community Hall: for this…
91202:37:49.739 --> 02:38:03.319
Community Hall: all division that they are required to upgrade. So typically, subdivision improvements are to
ensure that public right-of-way improvements are being constructed by the developer.
91302:38:03.469 --> 02:38:06.769Community Hall: So in this case, we're talking about stuff that's in the road.
914
02:38:06.819 --> 02:38:25.259
Community Hall: roadways, sidewalks, curbs and gutters, those various aspects. Okay, so any… anything
separating from the adjoining property would not be part of this map? That would not be part of the map, no. So, in what?
91502:38:26.039 --> 02:38:37.069Community Hall: I guess, phase of a development. Would a develop… would a project consider any improvement to adjoining,
916
02:38:37.179 --> 02:38:45.459Community Hall: to any wall or separation or barrier with adjoining properties. That would be during the entitlement phase.
91702:38:46.559 --> 02:39:01.649Community Hall: Okay, so… but during the entitlement phase, since it's administratorial approval, and the
city doesn't have specific standards on that, so that means there is no requirement, right? Correct. Okay,
thank you.
91802:39:11.399 --> 02:39:13.939Community Hall: Okay, I'm still seeing Vice Mayor's hand.
91902:39:14.269 --> 02:39:16.899
Community Hall: Any other questions from the Council?
92002:39:17.459 --> 02:39:21.699Community Hall: Okay, Madam City Clerk, do we have any public comments on this item?
92102:39:23.929 --> 02:39:31.369Community Hall: Mayor, I don't see any requests here in Community Hall, but I do see one hand raised
virtually, so at this time we will go ahead and welcome Jennifer Griffin.
92202:39:33.270 --> 02:39:37.179Jennifer Griffin: Thank you. Can you all hear me? I know I…
92302:39:37.180 --> 02:39:37.760Community Hall: We can hear you.
924
02:39:37.760 --> 02:39:42.200Jennifer Griffin: Okay, thank you. Yes, thank you for…
925
02:39:42.340 --> 02:39:52.769
Jennifer Griffin: discussing this item, I'm glad that the mayor, asked for a bit of a staff report. I will tell you that I could not pull up
926
02:39:52.870 --> 02:39:59.029
Jennifer Griffin: the map, the tentative map, I guess the subdivision map.
92702:39:59.170 --> 02:40:15.140Jennifer Griffin: very well. I could not see the contents exactly of where the roads were. I could see Wolf Road, but that was about all, and I don't know if that was my tablet or not, but I just had…
928
02:40:15.380 --> 02:40:20.090
Jennifer Griffin: I… I appreciate the comments that you all made so that
92902:40:20.640 --> 02:40:26.500Jennifer Griffin: I, as a member of the public, can understand the process…
93002:40:26.700 --> 02:40:31.499
Jennifer Griffin: of where we are currently with this. My… I just had…
931
02:40:31.620 --> 02:40:40.989Jennifer Griffin: maybe 2 or 3 questions, and I apologize if I'm not exactly on the mark with what this is doing. I have been through sub…
93202:40:41.130 --> 02:40:50.690
Jennifer Griffin: subdivision maps before with other projects, certainly the Apple campus, etc. But… My first
question is, perimeter…
93302:40:51.020 --> 02:40:57.939Jennifer Griffin: Westside Perimeter Road disappeared on the property. My question is…
93402:40:58.330 --> 02:41:01.050
Jennifer Griffin: And I may be off-kilter here, but…
935
02:41:01.270 --> 02:41:11.780Jennifer Griffin: Is any part of it being retained on the property near where it had been? And what happens with the intersection where there is a
93602:41:12.090 --> 02:41:14.189
Jennifer Griffin: There's a traffic signal.
937
02:41:14.670 --> 02:41:25.119Jennifer Griffin: at West Perimeter Road, coming into Stevens Creek, and then we have the Joann's property immediately to the left.
938
02:41:25.410 --> 02:41:39.780Jennifer Griffin: There's a fence that went up along that property line, and I believe that there are reciprocal parking agreements in that area, and that may have to be hashed out with the owners. But my question is.
939
02:41:40.030 --> 02:41:42.310
Jennifer Griffin: Does that intersection…
94002:41:42.480 --> 02:41:53.310Jennifer Griffin: Is that involved in any of this subdivision map that we're doing tonight? Because I think that intersection needs upgrades, and
941
02:41:53.310 --> 02:42:04.110
Jennifer Griffin: I don't understand where the roadways are on this piece of property that's going to generate
2,000 housing units. I am familiar with the condo.
94202:42:04.140 --> 02:42:08.960Jennifer Griffin: mapping, from past. I… I don't think…
943
02:42:09.110 --> 02:42:18.660
Jennifer Griffin: what I… what my question is, utilities, there used to be no PG&E improvements, there was
no power on the…
94402:42:18.660 --> 02:42:37.710Jennifer Griffin: on the old Sears property in the parking lot, when Islands tried to put a restaurant in there? How are you all addressing that, or is it this at that phase? Has… has utilities been brought into this property, and is that part of this phase?
945
02:42:37.710 --> 02:42:39.650Community Hall: Thank you, Jennifer. That is your time.
94602:42:39.650 --> 02:42:41.699Jennifer Griffin: Where are the roads going? Thank you.
947
02:42:41.700 --> 02:42:44.979
Community Hall: Thank you, Jennifer. Next, we will welcome San Rao.
94802:42:48.480 --> 02:42:52.189San Rao: Good evening, Councilmembers, speaking on behalf of myself only as a resident.
949
02:42:52.320 --> 02:43:11.950
San Rao: This project has had significant neighborhood interest from the Portal Avenue community, yet
there is barely any speaker on the item tonight. Perhaps they were not expecting to see material changes tucked away in a consent calendar item, and were not keeping an eye out for this.
950
02:43:12.060 --> 02:43:27.550
San Rao: And so I would request Council to consider, if you are not under time-bound obligations to approve this today, to consider a continuation of the item so that you take no action today, and the neighborhood has a chance to read, digest, and participate in the process.
951
02:43:27.610 --> 02:43:39.140
San Rao: You may also consider referring it to the Planning Commission for a study session and
recommendation back to Council, which gives additional time for the public to hear and deliberate with the
95202:43:39.140 --> 02:43:49.299San Rao: bodies or unders to give feedback as to what they would like to see. Coming to the specific subdivision improvement agreement itself, a few things that I see
953
02:43:49.400 --> 02:43:55.910
San Rao: If the agreement is understood, it appears that the
95402:43:56.220 --> 02:44:04.149San Rao: the Public Works Engineer may amend changes in the future, but is not obligated to amend the agreement. So I would…
955
02:44:04.160 --> 02:44:17.510
San Rao: I would urge you to probe on that a little bit and see if there are future changes, whether those changes are required to make sure the agreement is amended so that it is actually enforceable, because one of the things we've seen with other projects
95602:44:17.510 --> 02:44:24.289San Rao: Is absent a developer agreement or any sort of agreement that's contractually binding, nothing is
actually enforceable.
95702:44:24.410 --> 02:44:32.570San Rao: The other thing that I want to bring up is these documents in front of you are looking at conceptual plans.
95802:44:32.730 --> 02:44:39.309
San Rao: And whether you should be going ahead at this stage based on conceptual plans or should wait for
final plans is something for you to look into.
95902:44:39.380 --> 02:44:41.550San Rao: And, and whether there is…
96002:44:41.590 --> 02:44:46.110
San Rao: once again, the need to move ahead. I'm very sensitive to the need to
96102:44:46.150 --> 02:44:54.809San Rao: Be supportive of our developers and ensure that there's progress on development, particularly a project that has sat idle for so long. And we do need to be supportive
96202:44:54.810 --> 02:45:09.170San Rao: As long as it does not impact the neighborhood, so there is that balance, and hopefully you can give the right amount of oversight and the right amount of soak time for the public to understand the issue, and for enough deliberation to occur, perhaps across multiple bodies.
963
02:45:09.170 --> 02:45:14.299San Rao: The other thing to also look at is what are the timelines around this? So there are…
96402:45:14.460 --> 02:45:19.350San Rao: Certain timelines when the developer is required to complete the improvements within 5 years.
965
02:45:19.480 --> 02:45:23.200
San Rao: But what happens if that 5-year period is extended?
96602:45:23.380 --> 02:45:39.330San Rao: do these improvements lapse in the plan is another area that you might want to probe, because the project has run for a while, and if I heard the discussion earlier, there's a potential of out parcels and transactions that can cause the project to run even longer.
967
02:45:39.390 --> 02:45:50.359San Rao: And so these improvements should not run forever based on approvals that are now. So there may be a time lapse that you should consider and see if you can apply those. And finally, if
96802:45:50.770 --> 02:45:52.130San Rao: Thank you, Sam.
969
02:45:52.130 --> 02:45:53.050Community Hall: your time?
97002:45:54.100 --> 02:46:01.690Community Hall: And, Mayor, I don't see any further hands raised, so that concludes the request to speak on this item. All right, thank you. So,
971
02:46:01.760 --> 02:46:07.729Community Hall: I believe the law changes, made this a forever agreement,
97202:46:07.730 --> 02:46:23.790Community Hall: basically a forever approval. I'd like to hear if that is correct, and that we are unable to have a development agreement because this is using SB35, so that legal document is not something that is
part of this package, is that correct?
97302:46:23.790 --> 02:46:37.050Community Hall: That's correct. Okay, I do have one, small fix on the subdivision Improvement Agreement, Section 2.1. It references Section 15, and I believe it should be referencing Section 14.
97402:46:37.310 --> 02:46:39.669Community Hall: With regards to noticing.
975
02:46:41.200 --> 02:46:43.009
Community Hall: So, and that was it.
97602:46:43.860 --> 02:46:45.410Community Hall: Vice Mayor.
977
02:46:46.290 --> 02:47:09.840
Community Hall: Oh, one other last thing, pardon. City Attorney, could you address the, the, kind of the
request to have the item go to the Planning Commission? Because it kind of ties into, the earlier, information
for people wanting to speak to this item for what it actually entailed, what, what we were,
97802:47:10.180 --> 02:47:16.400Community Hall: What's on the agenda versus some of the other issues people wanted to discuss, if that makes sense.
979
02:47:18.100 --> 02:47:19.950
Community Hall: I…
98002:47:21.410 --> 02:47:34.210Community Hall: cannot speak to, it needing or not needing to go to the Planning Commission. It's my expectation, because it's an SB35 project, it doesn't need to go to Planning Commission. And I can also say that,
981
02:47:34.350 --> 02:47:35.810Community Hall: the first…
98202:47:35.810 --> 02:48:00.139Community Hall: Part of the larger project that the developer will be moving forward with is an Eden Housing, affordable housing building, and they are working diligently to secure tax credits, and it's my
understanding that if we delay approval, we could compromise their ability to get those tax credits, as we've
seen in other projects that the city's looked at. And since this is the last council meeting
98302:48:00.140 --> 02:48:06.029Community Hall: for a month. The developer is in dire need to get an approval of the project today.
98402:48:07.580 --> 02:48:09.200
Community Hall: Thank you, Vice Mayor?
98502:48:11.090 --> 02:48:16.609Community Hall: Wait, first, how, how is this related to the Eden project?
986
02:48:17.780 --> 02:48:28.600Community Hall: Isn't that a separate project? My understanding is that Eden is working on more than one affordable housing project, and so this is one that perhaps the Council hasn't spoken about before.
987
02:48:29.000 --> 02:48:41.690
Community Hall: You mean the… the rice, the affordable portion of the rice? Correct. …is also managed by
Eton? Yes. Oh, they are trying to get,
98802:48:41.820 --> 02:48:44.190Community Hall: Tax credit, I see. Okay.
989
02:48:44.970 --> 02:48:51.200
Community Hall: So I tried to look up the map that I think Jennifer was trying to.
99002:48:52.260 --> 02:48:55.819Community Hall: look for. I believe this is where…
991
02:48:55.970 --> 02:48:59.940
Community Hall: The perimeter road currently goes in.
99202:49:00.220 --> 02:49:01.819Community Hall: On the lower right.
99302:49:02.530 --> 02:49:04.369
Community Hall: From the Stevens Creek.
994
02:49:05.000 --> 02:49:07.450Community Hall: And then you will have two parcels.
99502:49:07.640 --> 02:49:12.040Community Hall: And the dotted line are the… property line.
996
02:49:13.090 --> 02:49:14.102
Community Hall: I don't know…
99702:49:18.070 --> 02:49:21.849Community Hall: So it doesn't… it does not look like there will be…
998
02:49:22.410 --> 02:49:26.789
Community Hall: Space for any trace along here.
99902:49:30.920 --> 02:49:37.419Community Hall: For where it might be adjacent to a single-family home.
100002:49:38.250 --> 02:49:47.429Community Hall: And then for this part, I… I think this appears to be the… parameter road? Is this part?
1001
02:49:48.620 --> 02:50:05.279
Community Hall: If I may? Yeah? That section at your… where your arrow is pointing, that is a proposed bike
path. There are existing trees there. Most of the existing trees along the property line are proposed to remain. There are
100202:50:05.550 --> 02:50:14.300Community Hall: Maybe a half dozen or so that they're, proposed for removal, either due to health issues or other circumstances.
1003
02:50:14.500 --> 02:50:31.209Community Hall: The new perimeter road, is proposed over parcel F, and let's not call it Perimeter Road. So, but just a minute, so this, where I'm pointing, is the previous parameter road.
100402:50:31.320 --> 02:50:34.360Community Hall: Which will become… the…
1005
02:50:34.700 --> 02:50:40.999Community Hall: Well, it's a trail. It's more like a trail, so that will remain, actually, as a bike.
100602:50:41.370 --> 02:50:50.369Community Hall: Correct. Trail. Yeah, and that's roughly where Perimeter Road currently is. So they will try to retain the trees that are healthy.
1007
02:50:50.510 --> 02:51:01.720Community Hall: the ones that are against the property line, the ones closest to the property line. Okay, I think that's what they want to know, yeah. So, you say the new parameter route
100802:51:01.860 --> 02:51:09.160Community Hall: will be… And I shouldn't call it Perimeter Road, but Parcel F is the new roadway that's
running back along there.
100902:51:09.620 --> 02:51:12.460Community Hall: Oh, this is parcel F. Correct.
101002:51:12.640 --> 02:51:18.230Community Hall: Okay, so there will be a new roadway that's, vehicle.
1011
02:51:20.250 --> 02:51:21.929Community Hall: And then… okay.
1012
02:51:23.050 --> 02:51:24.660
Community Hall: Thank you, that.
101302:51:25.450 --> 02:51:30.630Community Hall: Yeah, that's my question. I hope that clarifies for people.
1014
02:51:34.930 --> 02:51:39.139Community Hall: Okay, at this time, do we have… A motion on this item?
101502:51:43.180 --> 02:51:46.420Community Hall: Share a motion to approve the tenet of the final map? Sorry.
1016
02:51:47.740 --> 02:51:52.750
Community Hall: Let's make sure we… Included the whole item,
101702:51:53.000 --> 02:52:07.309Community Hall: Approve the final map, track number 1076, accept the public roadway dedication and public easements, and abandoning the necessary public easements, as shown on the final map, and authorizing the City Engineer to execute and record the subdivision Improvement Agreement in substantiality, the form
attached.
101802:52:07.690 --> 02:52:11.420Community Hall: Okay, and do we have a second? We have a second from Councilmember Mohan?
101902:52:11.950 --> 02:52:15.129Community Hall: Do we have any comments at this time?
1020
02:52:15.400 --> 02:52:20.560Community Hall: Not seeing any, Madam City Clerk, will you please set the voting panel, and we will vote?
102102:52:28.320 --> 02:52:30.570Community Hall: The motion carries with more abstaining.
1022
02:52:31.250 --> 02:52:42.800
Community Hall: All right, thank you. And next, we move on to Item 6, approval of a third amendment to extend the term through October 31st, 2026 of the Interim City Attorney Agreement.
102302:52:42.800 --> 02:52:51.409Community Hall: for City Attorney Services by between the City of Cupertino and Alshire and Winder LLP, with Floyd Andrews as Interim City Attorney.
1024
02:52:51.940 --> 02:52:56.890Community Hall: Madam City Manager, do we have a report on this item?
1025
02:52:57.640 --> 02:53:07.920
Community Hall: No, Mayor, there's no report on the second block. Okay, so, Councilmember Mohan, I believe you pulled this item. Would you like to share your thoughts on it?
1026
02:53:11.710 --> 02:53:29.889
Community Hall: Yeah, thank you, Mayor. I did, ask for this item to be pulled. I did want the interim city
attorney's contract to be extended to December 31st, as opposed to October 31st. I thought that was a sort
of an awkward time.
102702:53:30.250 --> 02:53:40.639Community Hall: And I, felt that an extension, till the end of the year, made more sense, and then we would start, the next year with
1028
02:53:40.860 --> 02:53:56.849
Community Hall: either the continuation of services on new, city attorney, but, it just seemed to make, sense to, continue at least, till December, the services of,
102902:53:56.940 --> 02:54:01.960Community Hall: A&W with, Floyd Andrews as our interim city attorney.
1030
02:54:03.600 --> 02:54:06.110
Community Hall: Okay, thank you.
103102:54:06.260 --> 02:54:21.770Community Hall: I'm thinking in terms of the timeline, election, if it were to go to December… till the end of December, when would you be suggesting that there be an evaluation done?
1032
02:54:22.220 --> 02:54:36.060
Community Hall: Because as we were… as we're scheduled now, the plan was that we would have an evaluation sometime in September, and we would have a decision, I believe, in October, on that. Now, if you…
103302:54:36.060 --> 02:54:43.360Community Hall: move it up to December, you'll have a newly seated council that doesn't have
1034
02:54:43.370 --> 02:54:54.950Community Hall: you're going to have one meeting, they won't have had time to do an evaluation or, I want to say, honestly, experience to do that evaluation.
103502:54:55.980 --> 02:55:01.709Community Hall: So, I'm… I'm not sure how that would work out. And then you're gonna have…
1036
02:55:01.860 --> 02:55:14.969Community Hall: unless they… we put in another extension, which I think you would have to. If you go to December, you're gonna have to extend it even further, a few… a few more months,
1037
02:55:15.120 --> 02:55:20.769Community Hall: to, get a… get to have the evaluation happen.
1038
02:55:21.220 --> 02:55:25.759
Community Hall: So I'd like to hear from the other council members what you think about on this one.
103902:55:27.150 --> 02:55:42.299Community Hall: Vice Mayor? Yeah, I think what Councilmember Mohan proposed makes sense, even with the timeline the Mayor describes. We do this evaluation in September.
1040
02:55:42.300 --> 02:55:50.659
Community Hall: In October, likely, we decide if we want to continue or not. Even if we decide to find a new
104102:55:50.700 --> 02:55:57.939Community Hall: CTR attorney, either a firm or individual CTR attorney, it would take time.
104202:55:58.130 --> 02:56:03.599
Community Hall: to recruit, and therefore it makes sense to go until December.
1043
02:56:03.770 --> 02:56:10.569Community Hall: even January, because that gives the… new council time to…
104402:56:11.570 --> 02:56:25.939Community Hall: do the recruitment. Mayor? If… yeah. I just want to, the conversation is sort of moving into
more detail, and I think that perhaps I should step out of the room. Okay, thank you. Okay.
1045
02:56:29.570 --> 02:56:42.550Community Hall: so I kind of feel like either… what is the… could someone remind me what the current contract end date is that we have? Is it the end of October? Currently, end of July.
104602:56:42.550 --> 02:56:51.890
Community Hall: Okay. And then the extension was being brought forward for 3 additional months, so that
will… that will… that would have taken us to end of October. To the end of October. Okay.
104702:56:52.170 --> 02:56:53.220Community Hall: So…
104802:56:53.220 --> 02:57:18.099
Community Hall: to me, you're… we could either go end of October and leave it as it is, and do our
evaluation, or if you're… if you're gonna say December, I feel like you need to go to March, because you're
gonna need, time to get an evaluation in there, because you won't… you won't have had any evaluation, and
there'd be very little time for the new council to have, experience to even evaluate.
104902:57:18.330 --> 02:57:21.199
Community Hall: The city attorney on, so that…
1050
02:57:21.200 --> 02:57:45.920
Community Hall: So I get a little bit stuck on December, because I think we're just going to be pushing it out again. So I would say, you know, either go for the end of October, or go to… go to… go to March, unless you have another idea. I think your assessment timeline works. September, we evaluate, and then we decide if we want to continue with the current city attorney, right?
1051
02:57:46.260 --> 02:57:54.660
Community Hall: But the problem is, if the contract ends at the end of October, what would we do then? We
won't have any time.
105202:57:55.180 --> 02:57:57.340Community Hall: To recruit a new firm.
1053
02:57:58.130 --> 02:58:00.830
Community Hall: So I think we do need to do assessment now.
105402:58:00.960 --> 02:58:05.679Community Hall: But even with that timeline, we cannot just end the contract.
105502:58:05.960 --> 02:58:20.340
Community Hall: By the end of October. Okay. Because how do you bring in a new firm in one day? Okay, so
given how long… given how long these… if you were to need to recruit, you're going to need,
105602:58:20.910 --> 02:58:32.219Community Hall: and you're deciding in October, you're gonna need a good 6 months? 6 months? 4 to 6 months? Okay, so you're… you're in March, then?
1057
02:58:32.230 --> 02:58:49.469
Community Hall: Right? You mean, if you want it to be. If you go from October to… and how is the
recruitment gonna go over the, over the, over the break, the holiday break in December? I'd almost go even
one month out from March, go end of April.
105802:58:49.620 --> 02:58:56.039Community Hall: So you'd make your assessment, I… you would make you… do your evaluation, and then…
1059
02:58:56.490 --> 02:59:01.760
Community Hall: Leave it, leave the contract in place until April.
106002:59:01.960 --> 02:59:07.549Community Hall: So they're really, so, there are two scenarios. We either…
1061
02:59:08.480 --> 02:59:26.839
Community Hall: retain our current city attorney, interim city attorney, in which case we won't have to do
any recruitment and so on, and then it would be a fairly seamless transition. Now, the problem arises only if
we decide we want to go in a new direction.
106202:59:27.680 --> 02:59:33.939Community Hall: In which case, we can, go up to December, And postpone it again.
1063
02:59:35.410 --> 02:59:38.249Community Hall: Voluming renewal again, in case.
106402:59:38.750 --> 02:59:46.579Community Hall: If we decide we are going to terminate her services, should we be? Is it okay to talk about these?
1065
02:59:46.760 --> 02:59:51.150Community Hall: Is it, she has recused herself, yes.
106602:59:51.420 --> 03:00:01.299Community Hall: I think the… I will try to play the interim city attorney by step. I think the item tonight is the term of the agreement, so maybe focus on that.
1067
03:00:01.600 --> 03:00:08.140Community Hall: And, you know, there are several options, as you have talked about. So it's a 3-month extension.
106803:00:08.230 --> 03:00:23.610Community Hall: you could leave it 3 months, and then have another extension if needed, or you could do
December or April, whatever, but I think if you limit it to the term of the agreement, it should be okay to
discuss. I think maybe a 6 months until, like, end of January might make sense.
106903:00:24.200 --> 03:00:28.550Community Hall: That way, the next council can… decide.
107003:00:28.940 --> 03:00:29.920
Community Hall: Oh.
107103:00:30.770 --> 03:00:54.780Community Hall: Council, we won't be, like, ending at the holiday break. Councilmember Fran? I tend to agree with the Vice Mayor on this one. I think there's enough of a lead time that we know what's going on, but I also generally think that we've not afforded a… an evaluation in the entire time that the interim has been here. Maybe that's because we didn't expect it to be as long.
1072
03:00:55.120 --> 03:00:58.480
Community Hall: As this, but I feel like we kind of owe that.
107303:00:58.620 --> 03:01:05.420
Community Hall: So… so I'm fine with that timeline, and I think that… that the beginning of the year is a
reasonable
107403:01:06.010 --> 03:01:12.680Community Hall: Point in time. Okay, so… I'll make the motion, then, to approve.
1075
03:01:13.080 --> 03:01:21.760Community Hall: the… Third Amendment, extending the terms to the end of January of 2027.
107603:01:22.670 --> 03:01:30.420Community Hall: January 31st, 2027, then. January 31st, 2027, yeah. More second?
1077
03:01:33.260 --> 03:01:52.629
Community Hall: And so our timeline's still going to remain that we're looking at the evaluation in September time? Yeah, I think we need to evaluate, yeah. Yeah, yeah, so that's… that's still in the works. Vice Mayor, you're the only person with a hand raised, I think it's around that? Yeah. Okay, with that, madam, do we have any further…
107803:01:52.630 --> 03:01:55.860
Community Hall: Comments, so we're ready to go. Okay, so, madam…
107903:01:55.890 --> 03:01:58.759Community Hall: City Clerk, will you please set the panel? And we will vote.
108003:02:05.180 --> 03:02:07.939Community Hall: I don't remember if we went out for public comment.
1081
03:02:08.380 --> 03:02:24.879Community Hall: But I feel as though we didn't. I don't believe we did, and… Thank you for… I do not have any requests to speak in person, but I do have one hand raised virtually, so before… Before we do that, thank you.
108203:02:25.400 --> 03:02:29.260
Community Hall: So, we will welcome Jennifer Griffin.
108303:02:31.060 --> 03:02:41.869Jennifer Griffin: Thank you, everybody. I figured, I'll just say I've been so pleased having Flo back. She's wonderful. I think she has…
108403:02:42.060 --> 03:02:56.030
Jennifer Griffin: I appreciate the fact that she tries to explain to everyone, as Mr. Killian used to do. I mean,
it's a real learning experience when
108503:02:56.070 --> 03:03:02.110Jennifer Griffin: when you see city council in action, and then the attorney has to consult, and then
108603:03:02.110 --> 03:03:21.450Jennifer Griffin: I appreciate the fact that she takes time to explain why we're doing this, and why we're doing that. I've been coming here since 2003, and Mr. Killian used to do this, other attorneys did that the city had, and I appreciate Flo doing this, because she's educating not only
1087
03:03:21.510 --> 03:03:34.049Jennifer Griffin: the City Council, but the public, too. And I really am very pleased that we have been honored with her presence, and I hope we continue with her for a long, long time. Thank you very much.
108803:03:36.640 --> 03:03:46.650Community Hall: Thank you, Jennifer. And Mayor, we… I do not see any further hands raised virtually, but I
did just receive a request to Speak card here in Community Hall, so we will welcome Rhoda Frey.
108903:03:48.540 --> 03:03:53.179Community Hall: Porn… Hi, good evening again. I just want to add that
109003:03:53.440 --> 03:03:55.519Community Hall: I think the benefit of having
1091
03:03:55.670 --> 03:04:03.110Community Hall: this arrangement with the city attorney is that she has an entire firm behind her. So…
109203:04:03.590 --> 03:04:09.380Community Hall: As a generalist, and obviously she knows some specific things, but if she needs to get
1093
03:04:09.520 --> 03:04:13.139
Community Hall: more information. She's got a whole team to help her out.
109403:04:13.550 --> 03:04:19.580Community Hall: And we saw that this evening. And I think that that's… That is a really…
1095
03:04:19.740 --> 03:04:22.390
Community Hall: Huge benefit to our city. Thank you.
109603:04:24.550 --> 03:04:25.740Community Hall: Thank you, Rhoda.
1097
03:04:26.440 --> 03:04:39.309
Community Hall: Mayor, I'm triple checking. We don't have to have any more requests to speak here in
person, and there are no hands raised virtually. Okay, so procedurally, do we need to go back and make our
motion and second, or is that still standing?
109803:04:39.500 --> 03:04:42.600
Community Hall: I… I would recommend you take another vote.
1099
03:04:43.000 --> 03:04:56.860
Community Hall: Pardon? There was… bless you. Sorry, Mayor, I was saying I recommend you do another vote. Okay, so we didn't have our vote, but… so we were ready to vote. You're ready to vote now. All right. Okay. Thank you, Madam City Clerk.
110003:04:57.730 --> 03:05:03.260
Community Hall: Chill… Or… Okay.
1101
03:05:04.450 --> 03:05:06.329Community Hall: The motion carries unanimously.
110203:05:07.050 --> 03:05:30.280Community Hall: All right. So we've completed the items removed from the consent calendar. You may
peruse the City Manager report, Councilmember reports, and the future agenda items. And with that, I'm
going to read an abbreviated version of what I read at the start of the meeting. Tonight, we adjourn our
meeting in honor of one of Cupertino's own, Major Robert Bolton D.
110303:05:30.280 --> 03:05:53.939Community Hall: who tragically lost his life on June 15, 2026, in a B-52 bomber crash at Edwards Air Force Base. Major D grew up in our neighborhood, attended Faria Elementary, Kennedy Middle School, and graduated from Monta Vista High School in 2004, before dedicating his life to serving our country in the United States Air Force. On behalf of the City of Cupertino, we extend our deepest sympathies
1104
03:05:53.940 --> 03:06:03.309Community Hall: to Major D's family, friends, and fellow service members, we are forever grateful for his service and his ultimate sacrifice.
110503:06:03.710 --> 03:06:09.180Community Hall: Tonight, we adjourn in solemn memory of Major Robert D. and his crew.
1106
03:06:26.250 --> 03:06:30.269Community Hall: So what do we do with the rest of the evening?