HomeMy WebLinkAboutCC - 09-15-2026 Youtube and Zoom TranscriptYoutube and Zoom Transcript
https://youtu.be/hGui8Fux2_g?si=z3ai6Q9XB7QEYEDq
WEBVTT
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Community Hall: What is that?
200:00:04.630 --> 00:00:12.810Community Hall: Good evening. It is 6.47, and I call this September 15th Regular Meeting of the Cupertino City Council to order.
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Community Hall: If you're able to, please rise for the Pledge of Allegiance.
400:00:19.460 --> 00:00:31.829Community 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: Right. Thank you. Madam City Clerk, will you please call the roll? Councilmember Fran.
600:00:38.920 --> 00:00:39.640Community Hall: Here.
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Community Hall: Here. Councilmember Mohan? Here. Councilmember Wong? Not present. Vice Mayor Chao?
Here. Mayor Moore?
800:00:49.890 --> 00:00:50.680Community Hall: Here.
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Community Hall: Thank you. Madam City Attorney, do we have a closed session report?
1000:00:55.880 --> 00:01:06.939Community Hall: We do. This evening, Council met in closed session, and Council discussed both items on the closed session agenda, and no reportable action was taken. Thank you.
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Community Hall: All right, thank you. Before we move on, I want to make a quick announcement that the
Move More Initiative is in its second week, and Cupertino participants have collectively logged 10,948 minutes of activity.
1200:01:24.240 --> 00:01:48.620Community Hall: And that's about 433 miles in the very first week. So, congratulations, keep signing up on
the City's Move More page, log your minutes. You can estimate last weeks if you missed it. It can be
walking, cycling, stretching, dancing, whatever gets you moving, and you'll earn a great reward at the October 10th celebration with a really great lunch.
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Community Hall: Get moving more, and great job, Cupertino!
1400:01:52.170 --> 00:01:55.380Community Hall: So next, we have a ceremonial item.
1500:01:55.380 --> 00:02:13.830
Community Hall: And I am pleased to recognize the Cupertino High School FBLA students for their
leadership, dedication, and achievements. This past June, 9 Cupertino students placed among the top
competitors in their events, including a fifth.
1600:02:13.830 --> 00:02:22.460Community Hall: place finish in the nation for event planning, where they organized the multicultural e Pluribus Unum
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Community Hall: event at the Quinlan Community Center. Congratulations to this group of students, we're
incredibly proud of you, and we would like to now present the certificates and take a photo with the award recipients and the Cupertino High School principal, Salazar, I believe, is also here.
1800:02:38.810 --> 00:02:40.159Community Hall: So, come on.
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Community Hall: Thank you, and our next item is postponements and orders of the day. We have one item, Item 4, which is an ordinance to amend Cupertino Municipal Code 19.08, which is proposed to be continued to October 6th. Is there a motion to continue Item 4 to October 6th? So moved.
2000:05:19.780 --> 00:05:24.280Community Hall: Second. Second. Any public comment on the postponement?
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00:05:25.910 --> 00:05:30.509Community Hall: No, Mayor, I don't have any requests in person, and I don't…
2200:05:31.990 --> 00:05:41.050Community Hall: I don't see any hands raised virtually under postponements. Okay, with that, Madam City Clerk, will you please set the vote panel, and we will vote.
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00:05:51.530 --> 00:05:59.979Community Hall: The motion carries unanimously. All right, thank you. Our next item is oral communications. How many speaker cards do we have, Madam City Clerk?
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00:06:23.450 --> 00:06:26.570Community Hall: Mayor, I have 5 plus a group of 2.
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Community Hall: So, 15, 19 minutes, plus I currently have one hand raised virtually.
2600:06:33.080 --> 00:06:38.170Community Hall: All right, Madam City Clerk, will you please provide instructions for oral communications and conduct this item?
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Community Hall: Certainly. 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.
2800:06:47.790 --> 00:07:00.960Community Hall: 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. Individual speakers are limited to 3 minutes.
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Community Hall: As necessary, the mayor may further limit the time allowed to individual speakers or reschedule remaining comments at 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.
3000:07:18.190 --> 00:07:23.330
Community Hall: A council member may, however, brutally respond to statements made or questions posed
by speakers.
3100:07:23.330 --> 00:07:28.689Community Hall: A council member may also ask a question for clarification, provide a reference for factual information.
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Community Hall: Request staff to report back concerning a matter, or request that an item be added to a
future City Council agenda.
3300:07:34.260 --> 00:07:48.119Community Hall: In response to public comment. As a reminder, members of the public wishing to speak regarding an item shall submit a request to speak 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 O… O… Peeper? Peeper?
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Community Hall: Pepper?
3600:07:56.570 --> 00:08:01.599Community Hall: Followed by, Edward Hirschfield, followed by Mark Fantasy.
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00:08:04.280 --> 00:08:05.110Community Hall: Please.
3800:08:05.600 --> 00:08:06.450Community Hall: Welcome.
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Community Hall: A pepper? Yes.
4000:08:14.120 --> 00:08:19.439Community Hall: So, you're gonna speak here? Is that…
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Community Hall: Madam City Clerk, would, would it be okay if you ask the next speakers to be lined up,
ready to go, so that it goes a little bit faster? Thank you. If the next speakers could line up in the,
4200:08:34.320 --> 00:08:40.279Community Hall: In the aisle, we have Ed… Edward Hirschfield, followed by Mark Ventazi.
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Community Hall: Followed by Mina's Group.
4400:08:43.440 --> 00:08:46.950Community Hall: And then Steven Scharf and Rhoda Frye, but…
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Community Hall: Yes, so… Shall I start?
4600:08:50.180 --> 00:09:04.269Community Hall: Yes, please. Okay, good evening, ladies and gentlemen. I'm here because, I was here last Friday, and very briefly, I found out that you have this wonderful BMR program.
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Community Hall: But I also understood later that
4800:09:07.680 --> 00:09:17.560Community Hall: last Friday was the deadline. In between, I talked to some friends, and I also made some reading on the program, and actually, the deadline
4900:09:17.660 --> 00:09:21.320Community Hall: In my interpretation, it is tomorrow.
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Community Hall: And I'm here for another chance. I know the benefits, of the BMR program.
5100:09:27.990 --> 00:09:29.519Community Hall: And I'm asking you.
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Community Hall: If the deadline was Friday, would there be a chance that I can still apply? Thank you.
5300:09:37.460 --> 00:09:41.559Community Hall: Thank you. Oh, Pepper? Yes. Next thing, thank you.
5400:09:42.280 --> 00:09:44.610
Community Hall: Next, we'll welcome Edward Hirschfield.
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00:09:44.820 --> 00:09:51.260Community Hall: Hello, I'm Edward Hirschfield. I've owned my house in Cupertino for 64 years.
5600:09:51.980 --> 00:09:54.450Community Hall: This is my presentation.
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Community Hall: Before 1994, Cupertino was the hub of cultural activity in the South Bay, because we hosted the De Anza Flint Center
5800:10:06.930 --> 00:10:09.840Community Hall: for Performing Arts at De Anza College.
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Community Hall: In that year, the center was closed because the building was condemned because it was judged to be
6000:10:16.720 --> 00:10:19.290Community Hall: Sizek me unsound.
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Community Hall: In its heyday, the center hosted the San Francisco Symphony Orchestra, SF Opera, Broadway shows, intellectually leading speakers, performing arts like Brezhnev.
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Community Hall: Were performed there on a regular basis.
6300:10:37.140 --> 00:10:55.489Community Hall: A few years later, Sandhill Properties announced world-class plans for the Valco Center. It
included outstanding architecture, housing for 220 families, park space on a portion of the roof, commercial
space, and a possible performing arts center.
6400:10:55.990 --> 00:11:05.109Community Hall: The No Nothing organization, Better Cupertino, ended all that by doing everything he could to kill the project.
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Community Hall: They slow-rolled the project for more than 20 years until the state of California prevented
complete destruction by mandating that the housing portion of the project continue.
6600:11:18.230 --> 00:11:27.310Community Hall: So now we're left with a plain vanilla housing project that may be built by a yet-to-be-named third party.
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Community Hall: The cultural enhancements we once… Had lost, and hoped, Are all gone.
6800:11:38.630 --> 00:11:43.829Community Hall: We have the City Council poisoned by Better Cupertino to thank for this.
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Community Hall: Better Cupertino has deprived the city and its citizens of the cultural benefits it might
otherwise have enjoyed, worth millions of dollars.
7000:11:54.110 --> 00:11:58.130Community Hall: We now… Are in the center of a cultural desert.
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Community Hall: All may not be lost if the new City Council is willing to take the cultural enrichment now
scuttled by stupid and unlawful management for the past 25 years.
7200:12:11.820 --> 00:12:26.429Community Hall: For example, the eastern portion of the Valco property has not yet been planned. It is owned by Sandhill Properties, but they may be willing to relinquish it for the right price, and this is not the only possibility.
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Community Hall: Cupertino could be an outstanding cultural hub with the right management.
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Community Hall: After all, San Francisco lost most of its cultural facilities in 1906.
7500:12:40.230 --> 00:12:48.759Community Hall: earthquake. Since that time, it built an opera house, symphony hall, jazz center, art
museum, natural history museum.
7600:12:49.600 --> 00:12:53.260Community Hall: Thank you, Edward Hirschfield. Thank you.
7700:12:53.610 --> 00:13:02.840Community Hall: Thank you, Edward, that is your time. Thank you. Thank you. Your time is up. I'm sorry
you're disrupting the meeting. I'm sorry.
7800:13:03.730 --> 00:13:11.250Community Hall: You've had your 3 minutes, Mr. Hirschfield, thank you. The timer did go off, Mr. Hirschfield.
7900:13:12.580 --> 00:13:16.710Community Hall: Thank you, Mr. Hirschfield, your time is up.
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8100:13:18.230 --> 00:13:22.060Community Hall: Next, we will welcome Mark Fantasy, followed by Mina's group.
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Community Hall: Followed by Stephen Scharf, followed by Rhoda Frye. Welcome, Mark.
8300:13:26.480 --> 00:13:30.680Community Hall: I'm Mark Fantasy. I'm sure most of you know me by now.
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Community Hall: I'm coming here to refute a claim by Muni Mattapalta, a member of the Bicycle and
Pedestrian Commission.
8500:13:37.720 --> 00:13:44.250Community Hall: He came before you at the last council meeting and made a claim that I suggested his neighbors that I had his support.
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Community Hall: That is an absolute fabrication. He admits that he was not present at these conversations, and it simply relied on hearsay. I can tell you for certain that I never suggested anything to people I spoke to, asking if I could put a sign up.
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00:13:59.920 --> 00:14:06.650Community Hall: I find it reprehensible that a representative of the city makes a public statement disparaging someone based on hearsay.
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Community Hall: He could have easily contacted me by my website or email. Instead, he took the cowardly
way route and comes here before the council to campaign for his candidates.
8900:14:16.880 --> 00:14:22.199Community Hall: I'm thankful the Council acted professionally and asked him to refrain from campaigning.
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Community Hall: I think that the city does not need people of his character representing the city. Thank you.
9100:14:31.140 --> 00:14:35.420Community Hall: Thank you, Mark. Next, we will welcome Minna and Shannon.
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Community Hall: B? It's group?
9300:14:37.840 --> 00:14:42.310Community Hall: So since you guys are representing a group of two, you guys will have 4 minutes to speak.
9400:14:44.610 --> 00:14:45.550
Community Hall: Welcome.
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00:14:45.700 --> 00:14:47.190Community Hall: Oh, so that's…
9600:14:47.330 --> 00:14:54.559Community Hall: Hello, my name is Mina, I'm a Cupertino resident. Yeah, my name is Shannon B, I'm a
Cupertino assistant, too.
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00:14:54.620 --> 00:15:03.509Community Hall: And in last council meeting on September 1st, I asked a question on some unauthorized political science, and thanks
9800:15:03.510 --> 00:15:27.830
Community Hall: For Council's quick reaction on Friday, I saw the city email clarify rules on campaign signs,
and thank you so much for listening to residents and respond to the community needs. However, after
September 1st, several incidents happened either at my neighborhood or related to my neighborhood, and
now I have some questions regarding public safety in Cupertino.
9900:15:27.920 --> 00:15:52.190
Community Hall: Actually, I asked the same questions in my email to Mayor and Vice Mayor with sheriff and
City Attorney in CC List. I also asked the same question to Public Safety Commission and with Sheriff in CC List. However, after more than one week, I didn't get any answer. So my question is very simple. That's for the tracking devices and the cameras.
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Community Hall: Put on other people's land without homeowners' permission, or even their knowledge.
10100:15:58.690 --> 00:16:15.240Community Hall: And I just want to know if it's legal, or is it everyone's public right of way to do so on other people's private property, and to install those tracking or even monitoring devices?
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Community Hall: And I also, want to know,
10300:16:20.040 --> 00:16:40.820Community Hall: If either situation violates the law, who may report it? Is it must be reported by the property owner, or any other residents. They observe the activities, or they feel their safety and privacy, yeah, they have some concern, so they can contact the police.
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Community Hall: But, because there are so many neighbors, they walk.
10500:16:46.000 --> 00:16:56.119Community Hall: their dog and jog at night, especially for the female joggers. They think, yeah, it's very dangerous to see such activities.
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Community Hall: And I just mentioned these questions were raised by several community members, not only me, but they were ignored in the email. I don't know if it's because the question is very hard to answer, or because there's some
10700:17:12.270 --> 00:17:17.889Community Hall: as a reason, but after reading the article on San Jose Spotlight.
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00:17:17.890 --> 00:17:20.399Community Hall: I have a very reverse feeling.
10900:17:20.400 --> 00:17:44.270Community Hall: So, I always support law and order, and I always support our sheriff's hard work to protect our community. But now, after reading that article, I have a feeling that at the same time, when community
members have concern on these things, but the sheriff's assist who installed those tracking devices without
others
11000:17:44.270 --> 00:17:46.590Community Hall: Without homeowners' permission.
11100:17:46.590 --> 00:17:56.650Community Hall: But… and use the tracking device to treat some other community members, but at the same time ignore the public safety question.
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Community Hall: from a community member. And there's another question regarding the police dispatch and response. I want to know what type of, or level of incident would result in multiple police…
11300:18:11.270 --> 00:18:28.660Community Hall: police cars being dispatched around midnight, especially within about 1 hour after the initial call. And I also heard another community member, they said, she said she went to Santa Clara County
Sheriff's Office, and
11400:18:28.660 --> 00:18:50.599Community Hall: go there several times, have several phone calls, and was told only two policemen dispatched. But actually, in a photo from the security camera, we saw three, so we really want all these things can be clarified, especially just for some political science. We don't think the value would be so big to trigger.
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Community Hall: Such action.
11600:18:52.700 --> 00:18:54.380Community Hall: Thank you. Thank you.
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Community Hall: Next, we'll welcome Stephen Schar, followed by Rhoda Fry. Welcome, Stephen.
11800:19:01.370 --> 00:19:04.369Community Hall: I have something to put on the overhead here.
11900:19:05.370 --> 00:19:09.790
Community Hall: Can you… Video, can you display the document camera?
12000:19:13.910 --> 00:19:17.010Community Hall: Sorry, what? It's on now. Okay.
12100:19:17.210 --> 00:19:22.140Community Hall: Thank you. We're pretty fortunate in Cupertino that violent crime is pretty low.
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00:19:22.560 --> 00:19:37.990Community Hall: But that… there's other crime. I urge the City Council, the City Manager, Code Enforcement, county agencies, and the sheriff to take action against illegal activities happening during this campaign season. Residents deserve a clean election.
12300:19:38.070 --> 00:19:42.930Community Hall: Specifically, what's occurred. The theft of signs from residential property.
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Community Hall: the placement without permission of campaign signs on both residential and public
property. In fact, walking here tonight, I just passed two signs illegally attached to the Santa Clara Water District property.
12500:19:56.160 --> 00:19:57.879Community Hall: And most incredibly.
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Community Hall: A former Cupertino mayor put Apple AirTags into campaign signs that were then placed without permission on a Cupertino resident's lawn. When the resident removed the signs.
12700:20:08.690 --> 00:20:12.930Community Hall: The second time, signs were placed again without permission.
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Community Hall: Multiple police cars were dispatched at midnight to a resident's home in Santa Clara, where the Cupertino resident had had a friend put the signs in their garbage bin because her bin was already full of illegally placed signs.
12900:20:28.410 --> 00:20:36.509Community Hall: I don't know if campaigns are paying people to commit crimes, or if it's overzealous
residents engaging in this activity.
13000:20:37.040 --> 00:20:52.109Community Hall: One resident on Silverado Avenue had signs stolen from his property three times in one week. When he went on Nextdoor to complain, he was kicked off by a moderator who was also a candidate, since the signs on his property were for the opposition.
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Community Hall: Another resident on Randy Lane had signs placed on her property without permission.
When she complained on Nextdoor, her posts were removed in minutes.
13200:21:02.080 --> 00:21:16.740Community Hall: Cameras are everywhere. Don't touch campaign signs. Don't place signs on someone's property without permission. And if you're going to put air tags and signs, make sure you actually have permission to place those signs on the resident's property.
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Community Hall: I've never seen anything like what happened with the AirTags before. Somebody spent all that money to buy AirTags, to put them in signs that were not placed on the property with the resident's permission. This kind of thing should stop. Thank you.
13400:21:34.900 --> 00:21:37.349Community Hall: Thank you, Steven. Next, we will welcome Rhoda Fry.
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Community Hall: Hi, good evening, council members. This Saturday, September 19, at 3 p.m, there will be a
Cupertino City Council candidate Forum, where I guess they could talk about these signs. It's going to be in the Cupertino Room at Quinley Center, moderated by Robbie Kapoor of Dia TV.
13600:21:56.800 --> 00:22:01.220Community Hall: This is a wonderful opportunity to attend a live, in-person event, and…
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Community Hall: probably talk with the candidates after the, afterwards. The other thing is, I'd like to set the record straight regarding a news story that was further amplified by Ms. Jean Bedord's newsletter.
13800:22:13.500 --> 00:22:25.570Community Hall: Last week, I went to the Planning Commission in my frustration about hearing of theft of political signs and the placement of signs without permission, including my own property.
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00:22:25.790 --> 00:22:42.180Community Hall: In frustration, I suggested banning them. I'm grateful that, Planning Commissioner Santosh Rao suggested that a study session, occur on this topic, and it was seconded by Planning Commissioner Stephen Sharp.
14000:22:42.260 --> 00:22:52.519
Community Hall: Planning Commissioner David Fung asked the attorney whether it would be a conflict of
interest because Mr. Rao is running for City Council, and the attorney said no.
14100:22:52.840 --> 00:23:11.619Community Hall: It would not. The city attorney agreed to a… to doing a study session. Some people believe that banning these signs could be a, could be a public speech issue. However, not allowing, political signs in the
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Community Hall: in that right-of-way that's not owned by the property owner, but is owned by the city, but
in front of the property owner's land.
14300:23:20.170 --> 00:23:23.150Community Hall: Is… it could be… could be banned.
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Community Hall: And it could be done so legally. It is done in other places. It would not, prohibit free
speech. Having signs on the actual private property alone, would hopefully quell some of these shenanigans. I see Mr. Wong nodding, so I appreciate that you're listening. So…
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00:23:43.010 --> 00:23:44.769Community Hall: I want you to know it…
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Community Hall: you know, there's no… there's not an issue with free speech for, banning the signs, and the
idea came from the floor, okayed by the, city attorney, so I hope that these stories get corrected. The other
thing is I want to refer to somebody… something that, another speaker said regarding the loss of Flynn Center, that
14700:24:04.690 --> 00:24:06.860Community Hall: Our city had nothing to do with that.
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Community Hall: We had, you know, we, we all lobbied to keep it. We wish we could have. There is another, there's actually two other theaters on campus at
14900:24:18.770 --> 00:24:35.229Community Hall: at De Anza College. And also, right up the road, Saratoga High School has a wonderful theater, theater. It's pretty big, and they have a lot of events there, which was privately funded. It would be
wonderful if we could have some private funding for
15000:24:35.400 --> 00:24:39.340Community Hall: a new, a new entertainment center in Cupertino, but…
15100:24:39.570 --> 00:24:43.110Community Hall: So that's my statement for tonight, and I wish you a good evening. Thank you.
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00:24:44.500 --> 00:24:45.760Community Hall: Thank you, Rhoda.
15300:24:46.470 --> 00:24:52.359Community Hall: And we will move to the request to speak virtually. We have two hands raised. We will welcome Jennifer Griffin.
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00:24:52.470 --> 00:24:56.939Community Hall: Followed by caller 2297. So, welcome, Jennifer.
15500:24:59.150 --> 00:25:02.249Jennnifer Griffin: Thank you. Good evening, everyone. Can you hear me okay?
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Community Hall: We can hear you.
15700:25:03.880 --> 00:25:19.759
Jennnifer Griffin: Thank you, I appreciate that. Yes, good evening, everyone. On, September, 8th, at the
Planning Commission Meeting, we had another project that was proposing to build townhouses. This is on the,
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Jennnifer Griffin: property… The Coach House,
15900:25:25.210 --> 00:25:35.089Jennnifer Griffin: I think it's a Coach House shopping center at Prospect and South De Anza Boulevard. We've seen this project before, it has a new iteration
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Jennnifer Griffin: The previous iteration was going to have,
16100:25:38.860 --> 00:25:44.680Jennnifer Griffin: housing and retail. This new project is all re… is all housing.
16200:25:44.880 --> 00:25:50.630
Jennnifer Griffin: But… well, there were two things. I, I hope that,
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00:25:51.380 --> 00:26:08.660Jennnifer Griffin: This project could have some help for the retailer that is currently there on the property. There isn't a lot, but it is an active shopping center. My husband grew up near that area, and there had always been retail there.
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Jennnifer Griffin: I think it's important that
16500:26:12.400 --> 00:26:15.770Jennnifer Griffin: The city reached out to the
16600:26:16.150 --> 00:26:31.270
Jennnifer Griffin: retail that is there to make sure that they have options for potentially staying in Cupertino.
There is a lot of, available retail space in the city, and I'm hoping that
16700:26:31.670 --> 00:26:34.650Jennnifer Griffin: We can make sure that this
16800:26:34.860 --> 00:26:43.990
Jennnifer Griffin: existing retail on this site has the potential option of staying in the city if they wish to do
so.
16900:26:43.990 --> 00:26:55.280Jennnifer Griffin: A lot of times, there's mom-and-pop stores that are smaller, but they're beloved in the city because we encourage and patronize,
17000:26:55.350 --> 00:27:00.440Jennnifer Griffin: smaller, retail, they're just as important as larger retail.
171
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Jennnifer Griffin: And I realized as the evening drew to a close, and this project had gone through the
Planning Commission.
17200:27:08.740 --> 00:27:18.679Jennnifer Griffin: I realized later that we hadn't even discussed the retention of the retail at that site. There was not enough time, or no one thought about it.
173
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Jennnifer Griffin: And I felt really… Badly about it, that no one had,
17400:27:24.750 --> 00:27:44.189Jennnifer Griffin: spoken up to support the retail, like we had had on one of the sites on Stevens Creek Boulevard, where there'd been an active, attempt to try to help the retail there. So, I'm suggesting in the future that when we have a retail-to-housing conversion.
175
00:27:44.470 --> 00:27:55.200Jennnifer Griffin: on any project, that we have something on the agenda at that meeting or in that project to address the retail
17600:27:55.280 --> 00:28:08.040Jennnifer Griffin: portion, and how the city or other chamber… the chamber, etc, could try to help and reach
out to the… keep the retail in town. Thank you very much.
17700:28:08.710 --> 00:28:12.610Community Hall: Thank you, Jennifer. Next, we will welcome caller 2297.
17800:28:28.080 --> 00:28:29.130Michael Wang: Can you hear me?
179
00:28:29.770 --> 00:28:30.799Community Hall: We can hear you.
18000:28:31.920 --> 00:28:37.190Michael Wang: Alright, so my name is Michael Wang. Thank you for,
181
00:28:37.310 --> 00:28:44.790
Michael Wang: Mayor Moore and the rest of the Council for this opportunity to speak. I'm going to speak on the so-called,
182
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Michael Wang: sign wars. I think a lot of the problem with the sign wars is that
18300:28:50.620 --> 00:28:57.320Michael Wang: Campaigns only track when a person gives permission to put a sign on their property.
184
00:28:57.470 --> 00:29:05.949Michael Wang: But they don't really keep track of if the homeowner revokes that permission for that sign. But of course, when
18500:29:05.970 --> 00:29:19.000Michael Wang: an opposing, campaign canvases that house, sometimes they convince the homeowner that
they should switch sides and put another, sign down.
18600:29:19.550 --> 00:29:24.929Michael Wang: And then the homeowner revokes permission for that sign, that was originally there.
18700:29:25.130 --> 00:29:34.780Michael Wang: So I think a lot of the confusion is that campaigns, like, will keep on putting signs that have
been replaced down, thinking that, oh, the homeowner
18800:29:34.870 --> 00:29:39.350Michael Wang: has given us permission, but there's, like, a communication
18900:29:39.420 --> 00:29:55.660Michael Wang: disconnect between the homeowner and then the campaigns. So I think in the future, maybe
we should implement something like a QR code on the sign, so a homeowner can scan it, maybe, and say,
oh, I don't want this sign.
19000:29:55.680 --> 00:29:59.980Michael Wang: On my property anymore, and that information can flow to
19100:30:00.010 --> 00:30:14.450
Michael Wang: campaigns, and then the campaigns can know, oh, we… we shouldn't put a sign here
anymore, so we don't have this… this, like, running around, or both campaigns are pulling off signs left and
right, because they think, oh,
19200:30:14.620 --> 00:30:32.460Michael Wang: I can put a sign here, but these guys can't put a sign here, and it just causes a whole bunch of chaos. So I think maybe, like, something like a centralized database of all the signs that, you know, the city could, maintain, maybe that money can come out of, like, the registration costs for
193
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Michael Wang: Getting, being a candidate for city council,
194
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Michael Wang: Yeah, so that's just a suggestion, you know, hopefully something like that can be put into place, and it would solve a whole bunch of chaos. So, thanks.
195
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Community Hall: Thank you, Michael. Mayor, that concludes the request to speak under oral
communications. Okay, I see, one request to speak, Councilmember Wong?
19600:30:58.920 --> 00:31:18.799Community Hall: Yeah, thanks, I just wanted to ask some questions, because I know the city did a great job with an FAQ, with what, you know, about what signs were possible or not, and then we just got some new information here, so I wanted to ask some questions to the city attorney. Once signs are installed on homeowner property, do these signs belong to the homeowner? And can they dispose of them any way they
like? Is that…
19700:31:19.130 --> 00:31:20.909Community Hall: So I just want to make sure that's clear.
19800:31:21.040 --> 00:31:39.979Community Hall: You know, I would have to do deeper research into that, but my sense is, when the
homeowner takes possession of the sign, the sign becomes the property of the homeowner, that would be
my expectation, but I haven't researched the question specifically. Okay. And then, are campaign teams,
including former mayors, allowed to install surveillance on homeowners' land?
19900:31:39.980 --> 00:31:41.569Community Hall: Using air tags on their signs.
200
00:31:41.940 --> 00:31:56.189
Community Hall: I don't know what the surveillance laws are in this country. The ability to surveil property
with new technology is expanding all the time. I would also have to look into that, but it does seem
20100:31:56.190 --> 00:32:02.130Community Hall: To be, a difficult situation for homeowners to have their homes surveilled.
202
00:32:02.370 --> 00:32:12.610
Community Hall: And the city knows the person installed the air tags on the signs that were on the
homeowner's land. Basically, they're performing surveillance on the homeowner's land. Is there anything we
can do about that, or that goes to the county?
20300:32:13.080 --> 00:32:16.310Community Hall: That really would be something that the, county sheriffs
204
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Community Hall: organization would, respond to. And…
20500:32:20.920 --> 00:32:36.009
Community Hall: They just left. You know, suggesting that we know that's an interesting question of fact.
There's video. There's video. There's video, and there's… you can see the pictures, you can see… I mean, a lot of the neighbors have seen that, but I'm gonna ask a more important question, a different one.
206
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Community Hall: We have a contract with Nextdoor, is that correct? Do we know that for sure?
20700:32:39.870 --> 00:32:57.540Community Hall: Do we have a contract with Nextdoor? Do we work with them? This… this is veering from you responding to some of the questions here. Could you perhaps… I will. I will, but the reason I'm asking is because there's an abuse of Nextdoor, and if we have a contract there, I'd love that in a future agenda item, that's all.
208
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Community Hall: So…
20900:32:59.350 --> 00:33:19.120Community Hall: Okay, thank you. I see, Vice Mayor, your hands raised as well. We don't want to veer off into having this be a non-agendized item. I think we received many questions along the same line, and I have sent in my questions, so I would like to request the staff to provide
210
00:33:19.250 --> 00:33:30.090Community Hall: response with factual information, in a timely manner to resolve all this confusion, if possible. Thank you.
21100:33:35.870 --> 00:34:00.869Community Hall: I just want to say that thank you, Vice Mayor. I have your question, and I believe the
Sheriff's Office is attempting to respond to it. I'll follow up if there's any additional questions, and same for
any other council members. If you have questions, please send them to me. By the way, the FAQ issued by
the staff was really helpful. You have very good questioning and short answer, make things very clear.
Thank you. All right, thank you. Next item is the
21200:34:00.870 --> 00:34:08.670Community Hall: consent calendar. Madam City Clerk, are any… have any items been pulled from consent, or do members of the Council wish to pull any items from the consent calendar?
213
00:34:09.120 --> 00:34:14.729
Community Hall: No requests, Mayor. Thank you, and do we have any members of the public who would like to comment on the consent calendar?
21400:34:16.469 --> 00:34:24.930Community Hall: I'm not seeing any requests in person, and I do not see any hands raised virtually, Mayor.
Okay, do any members of the Council wish to comment on the consent calendar?
215
00:34:25.960 --> 00:34:29.500Community Hall: I… I see… Vice Mary, your hand is raised?
216
00:34:30.400 --> 00:34:33.800Community Hall: Okay, do we have a motion to move the consent calendar and a second?
217
00:34:33.960 --> 00:34:35.860
Community Hall: Motion to move consent calendar.
21800:34:37.100 --> 00:34:46.060Community Hall: Okay, we have a main motion and a second. Madam City Clerk, will you please set the vote panel, and Council will vote?
219
00:34:53.739 --> 00:35:11.079
Community Hall: The motion carries unanimously. All right, thank you. Next, public hearings. We do not have
any this time. Next, we move on to our action calendar, that's Item 14. It is the Law Enforcement Services
Agreement with the County of Santa Clara. Madam City Manager, do we have a report or presentation?
22000:35:13.460 --> 00:35:23.469Community Hall: Thank you, Mayor and Council Members. This is a substantial item before you tonight, and I would like to make a brief statement before I turn it over to staff for the presentation.
221
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Community Hall: As you know, for many months, the city has worked in good faith to reach a reasonable and sustainable agreement with the county. These efforts did not result in an agreement.
22200:35:34.990 --> 00:35:44.789Community Hall: The City remains concerned about the county's proposed cost methodology, and I want to be clear that my recommendation tonight does not mean that those concerns have changed.
223
00:35:45.280 --> 00:35:48.559Community Hall: What has changed is the circumstance we face.
22400:35:48.710 --> 00:35:59.540Community Hall: The sheriff has now informed us that without a new agreement beginning October 1, the Sheriff's Office will provide only very limited level of service in Cupertino.
225
00:35:59.680 --> 00:36:09.159Community Hall: The Sheriff's Office is here tonight, or they were here, and I just want to, to say that we deeply appreciate their service.
22600:36:09.410 --> 00:36:13.749Community Hall: We have also been informed that the county will not agree to another extension.
227
00:36:14.020 --> 00:36:26.730Community Hall: As the City Manager, my responsibility is to protect the safety of our residents and ensure continuity of essential city services. At this time, there is no immediate alternative capable of providing comparable coverage.
22800:36:27.000 --> 00:36:44.319Community Hall: As a result, tonight, I am asking Council to authorize an agreement so that our residents continue to receive the level of law enforcement service they expect and deserve while the City continues its effort to achieve a more transparent, reasonable, and sustainable approach to the cost of those services.
229
00:36:44.390 --> 00:36:57.820Community Hall: I'm not making this recommendation because we believe the county's terms are outcome, are the outcome we sought. I make it because maintaining uninterrupted law enforcement services for our community must take precedent at this time.
23000:36:57.930 --> 00:37:10.450
Community Hall: Thank you for your consideration. And with that, I will now turn it over to Jonathan Orozco,
Director of Finance Department, and Michael Vu, Senior Assistant City Attorney, who will provide the
presentation and will be available to answer questions.
23100:37:13.580 --> 00:37:17.560Community Hall: Thank you, Tina. Good evening, Honorable Mayor Moore and Council Members.
232
00:37:17.910 --> 00:37:24.960
Community Hall: Tonight, I'll provide a brief update on the status of the City's Law Enforcement Services
Agreement with the City… with the County of Santa Clara.
23300:37:29.430 --> 00:37:41.190Community Hall: As Council is aware, this process began with a significant increase in the county's proposed costs for law enforcement services, and more importantly, a new methodology for allocating costs to the contract cities.
234
00:37:41.710 --> 00:37:47.120
Community Hall: For context, the city's fiscal year 25-26 contract was approximately $19 million.
23500:37:47.330 --> 00:37:54.209Community Hall: The county's latest proposal is approximately $25.4 million, an increase of approximately $6.4 million.
236
00:37:54.990 --> 00:38:04.149
Community Hall: Since then, the contract cities and county have engaged in ongoing discussions regarding both the financial methodology and the broader terms of this successor agreement.
23700:38:04.800 --> 00:38:08.000Community Hall: Throughout the process, the city's goal has remained the same.
238
00:38:08.350 --> 00:38:14.530
Community Hall: to… Reach a contract that is fair, transparent, and consistent with Government Code 51350.
239
00:38:14.980 --> 00:38:20.030Community Hall: While maintaining high-quality law enforcement services to our community.
240
00:38:23.360 --> 00:38:35.840
Community Hall: The current 3-month extension expires on September 30th. During this extension, the City
has been paying counties' newly proposed rates, including that approximate 34% increase described in the
previous slide.
24100:38:36.040 --> 00:38:41.179Community Hall: The City has repeatedly requested short-term extensions in order to work through the contract terms.
242
00:38:41.670 --> 00:38:49.080
Community Hall: With September 30th approaching, however, we are now at an important decision point regarding how the city proceeds beyond the current agreement.
24300:38:53.100 --> 00:38:59.830Community Hall: A central purpose of the 3-month extension was to provide time for an independent review of the county's proposed cost methodology.
244
00:39:00.120 --> 00:39:05.280Community Hall: Vasquez and company completed the work and issued a final report on August 26th.
24500:39:05.490 --> 00:39:15.630Community Hall: Importantly, before finalizing the report, the county was provided a draft and opportunity to comment. Vasquez evaluated the feedback and either incorporated into the
246
00:39:15.950 --> 00:39:20.040Community Hall: Incorporated where appropriate, or addressed it separately in writing.
24700:39:20.280 --> 00:39:26.430Community Hall: The final report has been provided to the County Administration and Board of Supervisors, and is publicly available.
248
00:39:26.900 --> 00:39:30.929Community Hall: At this time, we are still awaiting the county's formal response.
24900:39:33.460 --> 00:39:39.180Community Hall: One of the most significant findings related to the county's proposed overhead and cost, support costs.
250
00:39:39.960 --> 00:39:44.370Community Hall: of approximately $11.9 million reviewed by Vasquez.
251
00:39:44.810 --> 00:39:49.759
Community Hall: Approximately $10.7 million of costs the county would continue… sorry.
25200:39:50.710 --> 00:40:02.710Community Hall: $11.9 million of the proposed overhead county-wide cost, is being called into question, of
which $10.7 was designated by the auditors as non-allocable.
25300:40:03.040 --> 00:40:08.930Community Hall: Importantly, that does not mean that the entire $10.7 million should be automatically excluded.
25400:40:09.260 --> 00:40:18.590
Community Hall: Some of those costs may still directly support services provided by the contract cities. BASC
has therefore recommended further analysis to determine that portion is actually attributed
25500:40:18.800 --> 00:40:25.069Community Hall: To providing those services, and what portion represents the costs the county would otherwise continue to incur.
256
00:40:25.870 --> 00:40:30.240
Community Hall: This is one of the primary areas staff believe still needs to be worked through with the
county.
25700:40:33.590 --> 00:40:46.649Community Hall: This brings us to September 30th. The current agreement expires at the end of the month. The county has indicated that without an executed successor agreement, law enforcement services in Cupertino will significantly be reduced.
258
00:40:47.170 --> 00:40:57.239
Community Hall: Staff has repeatedly requested additional information regarding what services levels would look like after September 30th, including the staffing and services that would remain available to Cupertino.
25900:40:57.830 --> 00:41:03.399Community Hall: To date, the City has not received a detailed description of what reduced service levels
looks like.
260
00:41:04.260 --> 00:41:08.909Community Hall: That uncertainty is particularly important as Council considers its options this evening.
26100:41:11.790 --> 00:41:16.360Community Hall: Tonight, this item is intended as an opportunity for Council to discuss the path forward.
262
00:41:16.740 --> 00:41:25.289
Community Hall: Staff is seeking Council's discussion and direction regarding the proposed agreement, and how you would like the City Manager and negotiating team to proceed.
263
00:41:26.740 --> 00:41:34.669Community Hall: With that, Michael and I are available to answer questions and walk through any portions of the agreement or VASCIS report that Council would like us to discuss.
264
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Community Hall: Thank you.
26500:41:36.600 --> 00:42:00.289Community Hall: Thank you, Director Roscoe, for the report, and I want to thank City Manager Kapoor, City Attorney Andrews, Assistant City Attorney Wu, and Vasquez for all of your help, and to our surrounding cities, Saratoga and Los Altos Hills, for their collaboration thus far in this matter. At this time, do we have any clarifying questions from the Council?
266
00:42:07.360 --> 00:42:08.880Community Hall: Councilmember Fruen.
26700:42:09.790 --> 00:42:25.319Community Hall: Just a very quick question to Assistant Attorney Wu. Does the county have any affirmative duty under California law to contract with the City of Cupertino for law enforcement services?
268
00:42:26.710 --> 00:42:35.310Community Hall: While the county doesn't have a firm duty to contract for services, they do have a duty under state law to provide law enforcement services.
26900:42:35.900 --> 00:42:38.609Community Hall: To enforce state law, correct?
270
00:42:41.860 --> 00:42:49.209Community Hall: the county has an obligation and a requirement under state law to provide law enforcement services. Yes, but…
27100:42:49.370 --> 00:42:54.300Community Hall: For things like the nature of patrols and So forth.
272
00:42:54.470 --> 00:43:06.920Community Hall: I think the language that's precisely uses public offenses, which is a broad category, which includes both felonies and misdemeanors. Got it. But it doesn't prescribe a specific level of service other than that? That's correct. Okay.
27300:43:11.720 --> 00:43:12.840
Community Hall: Vice Mayor?
27400:43:15.600 --> 00:43:33.459Community Hall: I think for the benefit of the public, could you explain why we are looking at the proposed overhead, and why is allocatable or non-allocatable important in this discussion?
27500:43:35.120 --> 00:43:46.359Community Hall: So, what's important here, we're… the city's not contesting the cost of the individual sheriffs, or direct cost of the city. What's… what's the challenge is, and how it's,
276
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Community Hall: how we would interpret Government Code 51350 as overhead costs the county would incur, not but for the contract cities.
27700:43:56.070 --> 00:44:08.010Community Hall: And so, as part of Vasquez's report or analysis, they were able to identify, of the $11.9 million of overhead, general overhead count, the county is allocating to the contract cities.
278
00:44:08.010 --> 00:44:12.340Community Hall: 10.7 is, potentially non-allocable.
27900:44:12.380 --> 00:44:25.029Community Hall: This would require additional, reconciliation and review to identify what that exact dollar amount, which would require additional time by both the county and the cities to determine.
280
00:44:26.140 --> 00:44:36.819Community Hall: So, non-allocatable means that it might be an overall cost for the county, but not specifically attributed to Cupertino.
28100:44:37.190 --> 00:44:41.109Community Hall: Somehow, now it's being attributed there.
282
00:44:41.240 --> 00:44:54.639Community Hall: to… to our overhead. That is correct. Okay, and so has, so has the county given any indication that they…
28300:44:55.600 --> 00:45:01.330Community Hall: might reconsider how this calculation is done?
284
00:45:03.430 --> 00:45:06.790Community Hall: They have providing support on how they…
28500:45:07.420 --> 00:45:26.779Community Hall: reached the $11.9 million. However, it is based off a full cost recovery model, which is different than what Government Code 51350 states. And so there is a competing in methodologies when the
proposal was developed.
28600:45:27.060 --> 00:45:28.420Community Hall: Thank you.
287
00:45:32.700 --> 00:45:39.830Community Hall: Okay, I'm not seeing any further questions from the Council at this time. Madam City Clerk, do we have members of the public who would like to comment on this item?
288
00:45:41.350 --> 00:45:47.549
Community Hall: Mayor, I don't see any requests to speak here in Community Hall, and at this time, I do not
see any hands raised virtually.
28900:45:48.170 --> 00:46:11.449Community Hall: Okay, so I would like to make a comment. Cupertino has enjoyed decades of excellent law enforcement services provided by the Santa Clara County Sheriffs. This is not a dispute about the service, this is an issue with addressing the Gonzalez Act, and whether the new contract is compliant with California
Government Code 51350.
29000:46:11.450 --> 00:46:23.539Community Hall: When we had our prior contract, the general law enforcement, services had an hourly rate, which included
29100:46:23.540 --> 00:46:40.610
Community Hall: overhead, baked into that rate, so it was about $305 per hour. And so the new contract, we
received at the, end of last year, and it had a new methodology.
29200:46:40.610 --> 00:46:57.680Community Hall: And our staff researched these contracts and found that it needed to comply with the Gonzalez Act, which is a law which has been on the books for decades, but it really didn't get flagged here.
293
00:46:57.680 --> 00:47:13.540
Community Hall: Until we got the new contract, which had a 36% increase and no annual, cap like we had
before. So that makes it very difficult for us to try to budget.
29400:47:13.830 --> 00:47:20.650Community Hall: For our next year, when we have this, unknown that we're, that we're looking at.
295
00:47:21.420 --> 00:47:24.310
Community Hall: So, we did have a desk item.
29600:47:25.080 --> 00:47:32.229Community Hall: Come in, which is, resolution, which is in, our, our desk items.
29700:47:32.710 --> 00:47:46.029
Community Hall: And I don't believe we have a printout of it here, but it is online. So it is a resolution
discussing Government Code 51350.
29800:47:46.770 --> 00:47:51.020Community Hall: And, perhaps the… either the city clerk
29900:47:51.420 --> 00:47:58.959Community Hall: Or the city manager could pull that up, so that we could… Share screen on that.
300
00:48:02.900 --> 00:48:04.659
Community Hall: Lauren, are you able to pull that up?
30100:48:06.820 --> 00:48:09.670Community Hall: Yes, yes, I'm pulling it up now.
302
00:48:10.880 --> 00:48:14.700
Community Hall: You just get… So… for…
30300:48:15.090 --> 00:48:22.500Community Hall: I could just start right now, and for, purposes of deliberation, make a motion.
30400:48:22.500 --> 00:48:36.300
Community Hall: that the city manager is authorized to negotiate and execute a long-term agreement for law
enforcement services with terms that reserve the city's rights under California Government Code
30500:48:36.300 --> 00:48:41.370Community Hall: $51,350 to ensure appropriate costs to the city.
30600:48:41.740 --> 00:48:48.939
Community Hall: And that we approve the desk item resolution to that same effect.
307
00:48:51.310 --> 00:48:56.610Community Hall: And… Maybe the city attorney could help me on this next part, but…
30800:48:56.770 --> 00:49:02.030Community Hall: I would also like, if we allow the city manager,
309
00:49:03.060 --> 00:49:16.159
Community Hall: provide her authorization to make an effort to resolve the service gap between October 1st and a potential Board of Supervisors contract signing October 6th.
31000:49:16.320 --> 00:49:17.190Community Hall: Is that…
311
00:49:17.620 --> 00:49:23.570
Community Hall: I think that's permissible, yes. Okay. So, that is my motion. Do I have a second? Second.
31200:49:23.830 --> 00:49:24.809
Community Hall: Thank you.
313
00:49:25.160 --> 00:49:28.719
Community Hall: And Madam City Clerk, have you…
31400:49:29.430 --> 00:49:34.319Community Hall: you got the resolution up. Okay, so, this, resolution…
315
00:49:34.600 --> 00:49:40.070
Community Hall: Essentially, the important parts as you scroll through,
31600:49:42.330 --> 00:49:46.629Community Hall: is that we're mentioning Government Code Section 51350,
317
00:49:50.070 --> 00:49:52.440
Community Hall: And we can move on to the next page.
31800:49:53.670 --> 00:49:55.689Community Hall: Provide a little bit of history here.
31900:49:59.210 --> 00:50:05.140
Community Hall: And then again, we're basically asking that it complies with Government Code Section
51350.
32000:50:29.580 --> 00:50:30.360Community Hall: Okay.
32100:50:38.510 --> 00:51:01.529
Community Hall: And again, when you look at the contract, this last part on, showing page, I believe it's
page 83, but, Section 3, without limiting the foregoing, the City expressly reserves its rights under
Government Code Section 51350 as set forth in Section 3A of the agreement, so the, the agreement itself.
32200:51:01.530 --> 00:51:07.770Community Hall: References 51350, so we're simply reiterating what's already in the agreement.
323
00:51:19.100 --> 00:51:26.250
Community Hall: I don't know if, the city attorney or assistant city attorney, if you want to comment on this
resolution.
32400:51:29.090 --> 00:51:36.060Community Hall: In my opinion, this resolution, tees up the agreement for,
325
00:51:36.620 --> 00:51:45.290
Community Hall: signature by the county, and I think it covers all the bases for the city, and it's, well written,
and, I suggest the council pass it.
32600:51:47.690 --> 00:51:49.039Community Hall: Alright, thank you.
327
00:51:49.490 --> 00:51:55.030
Community Hall: I'm gonna look to see if there's any hands raised. I see the Vice Mayor, followed by…
32800:51:55.420 --> 00:51:58.230Community Hall: Or is that a relic, or is that… are you there?
329
00:51:59.630 --> 00:52:00.580
Community Hall: Vice Mayor?
33000:52:00.720 --> 00:52:03.170Community Hall: Your hands raised? Yeah. Okay.
331
00:52:03.670 --> 00:52:09.239
Community Hall: Okay, so… Just, try to…
33200:52:09.450 --> 00:52:27.129Community Hall: understand the 51350, and I think for the benefit of the public, basically, it means the county is supposed to provide some basic services to all the cities, whether we contract with the county or not.
333
00:52:27.500 --> 00:52:35.209
Community Hall: And then this is saying the condition then charges for services they are supposed to provide
anyway.
33400:52:35.600 --> 00:52:41.459Community Hall: Which means there would become double-charging us. Is that what it means?
335
00:52:42.940 --> 00:52:53.660
Community Hall: Interesting question, Councilmember Chao. Let me, let me, let me frame it this way. State
law independently has a requirement for a county to provide law enforcement services.
33600:52:54.140 --> 00:53:02.659Community Hall: a baseline level of law enforcement services. Separate from that, Government Code Section 51350
337
00:53:03.030 --> 00:53:09.860
Community Hall: Sets, provides that a county may contract for services with a city.
33800:53:09.970 --> 00:53:11.859Community Hall: And if it were to do so.
339
00:53:12.010 --> 00:53:18.670
Community Hall: It may pass on only those overhead comps that arise because of those contracts.
34000:53:18.830 --> 00:53:22.219Community Hall: So, to… to frame it a different way.
341
00:53:22.600 --> 00:53:37.710
Community Hall: let's assume that the county has not contracted with the city to provide law enforcement
services. City approaches the county and says, hey, county, we're interested in contracting you for law enforcement services from you.
34200:53:37.920 --> 00:53:40.649Community Hall: At that point, the counting
343
00:53:41.490 --> 00:53:49.559
Community Hall: Should be able to review their books and identify what are their additional costs they would incur.
34400:53:49.990 --> 00:53:52.129Community Hall: Because of that new contract.
345
00:53:52.600 --> 00:53:59.039
Community Hall: And it's only those costs that the government code allows the county to pass through to the cities.
34600:53:59.440 --> 00:54:14.949Community Hall: Yeah, thank you. So, basically, it's… the county has a responsibility to prove that the
overhead charge they are attributing to Cupertino are actually those
347
00:54:15.060 --> 00:54:16.060Community Hall: extract.
34800:54:16.280 --> 00:54:17.939Community Hall: As part of the contract.
349
00:54:18.080 --> 00:54:23.590
Community Hall: But then, we don't think they have… proven that.
35000:54:23.720 --> 00:54:27.420Community Hall: With the information they are providing us, right?
351
00:54:28.390 --> 00:54:37.399
Community Hall: So, use the term proof. I mean, if it was in court, it would be either prepositive evidence,
potentially. That's not what we're viewing here. What we're viewing here is
35200:54:37.400 --> 00:54:51.589Community Hall: We've had an independent assessment performed by Vasquez & Company that identified,
out of the $11.9 million overhead costs, that identified $10.7 that does not seem like it should be allocated
35300:54:51.640 --> 00:55:01.420Community Hall: to these contracts to the west side cities. And so, we're in the position where we have sought the county's response
35400:55:01.640 --> 00:55:20.779
Community Hall: to that finding, and we're still in the process of doing so. Putting that aside, you know, we
do have a contract before you tonight, to approve, with, with, as I understand it, with, reservations
regarding 51350 that I think both parties acknowledge governs this contract.
35500:55:20.780 --> 00:55:40.630Community Hall: We may differ on… on what methodology relates to the cost that's going to pass through, but we both recognize that the law here clearly governs it. This contract that we asked to sign simply reserves the city's right to continue to pursue that.
356
00:55:40.640 --> 00:55:45.530
Community Hall: Okay, thank you. So, another thing I would like to clarify is,
35700:55:46.230 --> 00:55:50.590Community Hall: For the county to provide the basic level of law enforcement.
358
00:55:51.300 --> 00:55:56.550
Community Hall: That they already get funding from a portion of our property tax.
35900:55:56.900 --> 00:56:02.009Community Hall: So my understanding is Cupertino, as a city, we only get
360
00:56:02.190 --> 00:56:17.850
Community Hall: 7%, it used to be 5, now it's a little bit more 7% of our property tax. But some other city
gets 10% of their property tax, Miopitas gets maybe 15%.
36100:56:18.180 --> 00:56:24.359Community Hall: So Is it… Then we'll… then the result is…
362
00:56:25.020 --> 00:56:29.439
Community Hall: Is the city, Cupertino, actually paying more?
36300:56:29.940 --> 00:56:35.870Community Hall: Of our property tax percentage to the county than other cities.
36400:56:36.050 --> 00:56:40.020Community Hall: For… to get the same basic amount of service.
365
00:56:40.280 --> 00:56:43.040
Community Hall: Are we overpaying? Are we getting…
36600:56:44.430 --> 00:56:57.590Community Hall: the amount we actually deserve based on the amount we are seeing… paying, so have we looked? I think this… you guys have looked into that. I wonder if there is… you have any insight to share.
367
00:56:58.810 --> 00:57:01.430
Community Hall: Those are… important?
36800:57:02.100 --> 00:57:05.859Community Hall: points to make. However, they may not be entirely
369
00:57:06.420 --> 00:57:16.259
Community Hall: related to what's at hand, right? That is an issue all on its own, whether the city is receiving
its equitable services. However.
37000:57:16.260 --> 00:57:26.610Community Hall: I think this is… we're starting to deviate a little bit from the conversation on hand, but we are in the process of reviewing what those services look like and how the city can
371
00:57:26.630 --> 00:57:31.930
Community Hall: retain, or, get a greater share of those services in the future.
37200:57:32.130 --> 00:57:38.149Community Hall: I think it's relevant, because for the basic amount of service every CTU
373
00:57:38.740 --> 00:57:40.910
Community Hall: This county provides to every city.
37400:57:41.170 --> 00:57:51.599Community Hall: We might be paying more than other cities. That means we are already being overcharged for the basic service, and now we are being overcharged again.
375
00:57:51.820 --> 00:57:57.190
Community Hall: for the overhead provided with the contract. So we are being overcharged,
37600:57:58.810 --> 00:58:04.669Community Hall: both places, I think that's something we have to understand. Are we being overcharged?
377
00:58:04.930 --> 00:58:21.420Community Hall: I understand. You're referencing is what would be considered mutual aid, right? And so, this is a basic service that one would receive from the county, whether it is incorporated and has its own police department or not. And so there may be an opportunity there to receive some sort of credit.
378
00:58:21.510 --> 00:58:27.570
Community Hall: as part of the future, contract. However, that's still, part of the negotiation.
37900:58:27.900 --> 00:58:33.430Community Hall: Thank you. Councilmember Wong, followed by Council… Councilmember Mohan.
380
00:58:33.650 --> 00:58:42.039
Community Hall: Thank you, Mayor. I just want to make a few comments. Our sheriffs play an important
part of our public safety, and we really thank them for our service, so thank you, gentlemen out there.
38100:58:42.210 --> 00:58:46.640Community Hall: You should not be put in this awkward position of dealing with funding shortfalls.
382
00:58:46.820 --> 00:58:55.189
Community Hall: due to the county's federal cost allocation methodology, to CFR, and not complying with the
Gonzalez Act, 51350, which is state law.
38300:58:55.290 --> 00:59:11.219Community Hall: I do want to clear out what the Gonsalvas Act is. This, or 51350, was designed so that citizens would not be double taxed on services provided by the county. You pay taxes once to the county, and they have the overhead, and then you pay again for that same overhead. That is the crux of the issue.
384
00:59:11.440 --> 00:59:17.730Community Hall: And in a report, independent report commissioned by Vasquez, which was important, showed the amount of overhead that was passed on to the city.
38500:59:17.860 --> 00:59:20.439Community Hall: 51350 does not allow for this.
386
00:59:20.660 --> 00:59:31.910Community Hall: The amount of this overhead paid for over previous years has also not been calculated as well. This is why we engaged in an objective study, a data-driven study that would provide a starting point to work with the county.
38700:59:32.220 --> 00:59:45.050
Community Hall: You as a taxpayer are already paying more because of the Measure A, which passed, which
added a tax that's .625 cents more, taking many cities in the county to almost 10% in sales tax.
38800:59:45.140 --> 00:59:53.830Community Hall: This was the result of the county taking over 3 hospitals, losing up to $600 million. This
Measure A money was promised to the sheriffs.
389
00:59:55.780 --> 01:00:11.309
Community Hall: And this is why we're here, because it's not been available. So with the county struggling to pay its bills due to the shortfall, we need to make sure you are aware of why we are here. And as citizens, we should let our Board of Supervisors know this. Fiscal responsibility is important, as we all face challenges with affordability.
390
01:00:11.710 --> 01:00:25.440
Community Hall: Now, this agreement is not ideal, but we have to protect our citizens, even in protest. We
appreciate having our police services contracted with the county for all these years. It's been a great
partnership, and hopefully we continue this great partnership going forward.
39101:00:25.920 --> 01:00:42.129Community Hall: All we seek is to be treated fairly and equitably as we protect our residents. This is fiduciary responsibility, and we hope the county understands that we seek nothing more than compliance with the applicable laws and an opportunity to have this conversation in good faith.
392
01:00:45.610 --> 01:00:47.030Community Hall: Councilmember Mohan.
39301:00:55.140 --> 01:01:05.180Community Hall: Yeah, I had a question about Section 51350 as well, and you did sort of allude to what I was looking for, Attorney Wu.
394
01:01:05.380 --> 01:01:14.240Community Hall: So the point of contention, is the amount of overhead that the county charges us, and since we have
39501:01:14.390 --> 01:01:33.670Community Hall: Since we are likely, to not making that… to… not making that a sticking point for future
negotiations. I'm assuming that, in the course of negotiations that you will continue, with the county, you
and city manager, that this is something that you will both,
39601:01:33.840 --> 01:01:43.259Community Hall: That the city and the county will come to some agreement, because we… we can't be doing this year after year, you know, contesting and,
397
01:01:43.590 --> 01:01:55.610
Community Hall: disagreeing about, the overhead charges. So, I'm assuming that, there is one methodology
that Vasquez,
39801:01:56.660 --> 01:01:57.770Community Hall: Prepared.
399
01:01:58.060 --> 01:02:00.199
Community Hall: That's… that's not the only way.
40001:02:01.580 --> 01:02:06.469Community Hall: I mean, my hope is that once and for all, we decide what the
401
01:02:06.610 --> 01:02:17.240
Community Hall: appropriate methodology is for Section 51-350, and then so we don't have to deal with this, year after year. Is that something you had
40201:02:17.710 --> 01:02:27.829Community Hall: envisioned City Manager. Thank you, Councilmember Mohan. We… so the agreement in front of Council is a long-term agreement, it's a 5-year term.
403
01:02:27.830 --> 01:02:39.839Community Hall: You know, we were… we were hopeful that we could have come to terms with some of the, some of the expenses and costs and methodology before we sign.
40401:02:39.840 --> 01:02:56.619Community Hall: But we did run out of time, as we, as we all know, so the… so now our hope is that we,
after Council, if Council authorizes me to enter into a long-term agreement with the county, that some of
those discussions and negotiations can and should continue.
40501:02:57.390 --> 01:03:06.169Community Hall: But I'm hoping we don't do this exercise every year, but, you know, certainly there's still room for negotiation and discussion, for sure. Okay.
406
01:03:06.480 --> 01:03:07.260
Community Hall: Thank you.
40701:03:07.470 --> 01:03:09.750Community Hall: All right. Councilmember Fruen.
40801:03:10.580 --> 01:03:22.949
Community Hall: I'll try to keep my comments brief. I broadly align them with Councilmember Mohan, and to
the City Manager, I know that passions are really high, and it's certainly understandable.
40901:03:23.130 --> 01:03:28.469Community Hall: That we want to ensure that this contract is fair, and the state has…
41001:03:28.710 --> 01:03:34.450
Community Hall: Attempted to create a framework that… affords that.
41101:03:34.950 --> 01:03:47.430Community Hall: That said, as I noted earlier, the county doesn't have to have a contract with us, and so I just want to ask that we take as conciliatory an approach as we can, given
41201:03:47.560 --> 01:03:59.050Community Hall: the situation. It's incredibly important that we continue to have good law enforcement services in the city, and that we do that what we can in order to not be taken advantage of. Thank you.
413
01:04:00.800 --> 01:04:18.510
Community Hall: Okay, thank you. I appreciate all the comments. We are in a very difficult position. We wanted to have the contract issues resolved prior to signing. We could not negotiate an extension to do so, but we must provide a public safety. It's one of our
41401:04:18.510 --> 01:04:24.819Community Hall: core duties. So we already have a motion and, and a second on this item.
415
01:04:24.850 --> 01:04:45.739Community Hall: I want to send our city manager off, with, inspiration to have good faith negotiations, and with that, I want to quote Ted Lasso. You know what the happiest animal on Earth is? It's a goldfish. You know why? Got a second… got a 10-second memory.
41601:04:45.740 --> 01:04:49.689
Community Hall: be a goldfish, and I'm hoping both parties can
41701:04:49.690 --> 01:04:55.919Community Hall: Can come to the table with good faith and have, be inspired to have, good negotiations.
41801:04:56.270 --> 01:04:59.490Community Hall: I do see a hand raised from Vice Mayor.
419
01:05:01.010 --> 01:05:18.409Community Hall: Yeah, I'd like to also thank the Sheriff's Office for the excellent, excellent service that you guys have provided at Cupertino, and the many people come move to Cupertino because it's safe. So we really appreciate all your service.
42001:05:18.410 --> 01:05:24.109
Community Hall: And your response, prompt response to a lot of respects, thank you.
42101:05:24.350 --> 01:05:27.699Community Hall: And here's a question for a city manager.
42201:05:27.840 --> 01:05:32.309Community Hall: or city attorney. I guess with the contract in front of us.
423
01:05:32.500 --> 01:05:38.259Community Hall: There is room for us to continue to discuss
424
01:05:38.430 --> 01:05:51.059
Community Hall: refine the overhead count, going forward within the five years, hopefully more quickly that city and the county can continue this dialogue.
425
01:05:51.380 --> 01:05:55.280
Community Hall: To define what exactly is overhead or not, right?
42601:05:58.270 --> 01:06:13.680Community Hall: Yes, I view this as a first step. I mean, we're certainly always open to having, friendly, amicable discussions with our partner of over 70 years, and while we, you know,
427
01:06:13.860 --> 01:06:20.870
Community Hall: I recommend the execution of this contract with appropriate reservation of the rights to
the, to, with respect to.
42801:06:21.090 --> 01:06:33.219Community Hall: the law. I'm hopeful that, you know, as our partnership continues, that, you know, we can have a meaningful discussion as to which costs are appropriate and compliant with the law.
429
01:06:33.560 --> 01:06:34.490
Community Hall: Thank you.
43001:06:35.180 --> 01:06:45.930Community Hall: Great. And with that, we wish our City Manager good luck, be the goldfish, and Madam City Clerk, will you please set the vote panel, and we will vote.
431
01:06:54.230 --> 01:06:56.049
Community Hall: The motion carries unanimously.
43201:06:57.770 --> 01:07:06.160Community Hall: Great. Do we need a 5-minute break at this time? Okay, so we'll be taking a 5-minute break. Actually, we'll come back at 8 o'clock straight up. Thank you.
433
01:15:30.750 --> 01:15:39.680
Community Hall: Oh, you mean the audience? Yeah. Is that a good thing or a bad thing?
43401:15:40.150 --> 01:15:50.280Community Hall: No. No? They don't care. They know what it means. They trust us. You're in the weeds. You're in the weeds. You're in the weeds.
435
01:16:05.250 --> 01:16:10.030
Community Hall: No one cares. I'm gonna mute now. You're muted now.
43601:16:10.850 --> 01:16:29.379Community Hall: Okay, our next item is Item 15. It's receipt of the City Council Policy Review Final Report
and Internal Auditor Recommendations for Council Policy Updates. Madam City Manager, do we have a
presentation?
43701:16:29.750 --> 01:16:48.590Community Hall: Thank you, Mayor. We, have a brief presentation. So this item presents the results of the
City Council policy review completed by the City's internal auditor, Baker Tilly, as part of the City Work
Program. The review evaluated existing Council policies and identified opportunities to improve clarity and
consistency.
43801:16:48.640 --> 01:16:55.329Community Hall: Staff is seeking Council direction on the recommendations and which item Council would like to bring forward for future consideration.
439
01:16:55.400 --> 01:17:04.179
Community Hall: With that, I will turn it over to, Chelsea Ritchie, Director at Baker Tilly, and Jonathan
Orozco, Director of,
44001:17:04.320 --> 01:17:21.960Community Hall: Finance Department. Did I say your name wrong? I'm sorry. Sorry, it's actually Colleen. Oh, you guys swapped people on me, sorry. It's okay, and we also have Annie Rose, who will be presenting
remotely. And again, this is part of the fiscal year 25-26 Internal Audit Work Program.
441
01:17:22.000 --> 01:17:32.929Community Hall: So you'll be seeing the current year's 25-20… or 26-27 in the next item. And so, again, Annie Rose will be presenting, and I'll turn it over to her.
44201:17:33.890 --> 01:17:53.150
Annie Rose Favreau, Item #16: Wonderful, thank you so much. And, I'm actually going to share my screen
before we get to the internal audit program to give you a sense of the scope for this project, if that works for
you all. But thank you so much for having me here this evening. I'm Annie Rose Favor, I'm a director with
the Baker-Tilley team.
44301:17:53.790 --> 01:18:01.830Annie Rose Favreau, Item #16: So with that, I'm going to go ahead and share my screen. Can you see the… Report, okay.
444
01:18:07.090 --> 01:18:08.329
Community Hall: Yes, we see it.
44501:18:08.790 --> 01:18:10.540Annie Rose Favreau, Item #16: Wonderful, thank you so much.
446
01:18:10.910 --> 01:18:21.779
Annie Rose Favreau, Item #16: So, as mentioned, this project was really initiated to look at Council-related
policies, the policies that govern the operations of Council.
447
01:18:21.780 --> 01:18:44.710
Annie Rose Favreau, Item #16: thinking through the lens of knowing that these are very important tools for all of the council members, and wanting to do a review to really understand how well are these meeting the needs, are there any significant policy gaps? And the really good news as we were going through this review was that we did not identify any really significant full gap areas. So there was not a single policy
448
01:18:44.710 --> 01:18:52.659
Annie Rose Favreau, Item #16: That you were fully missing in this space, but we did identify some opportunities to strengthen some of your current policies.
44901:18:52.660 --> 01:19:11.150Annie Rose Favreau, Item #16: Before I get into some of the recommendations, a little bit of background here. The policies that we reviewed as part of this work included the Council Procedures Manual, so a lot of
that detailed work that kind of dictate the operations of Council. We looked at the Code of Ethics and
Conduct.
45001:19:11.150 --> 01:19:16.719Annie Rose Favreau, Item #16: The policies and guidelines on sister cities, friendship cities, and international delegation.
451
01:19:16.730 --> 01:19:21.230
Annie Rose Favreau, Item #16: The social media policy, and the technology use policy.
45201:19:21.680 --> 01:19:33.259Annie Rose Favreau, Item #16: I'm going to go through each one of those, but to give you a sense of some of the background work that went into this project, we began by initiating the project, confirming the scope.
453
01:19:33.260 --> 01:19:54.269
Annie Rose Favreau, Item #16: In terms of our fact-finding, we conducted interviews with several council
members, city leadership, and staff. We reviewed, obviously, all of your current documentation, and we also
conducted peer research into similarly situated cities, or cities that have, council policy manuals or similar
45401:19:54.270 --> 01:20:03.429Annie Rose Favreau, Item #16: policies that we thought would be relevant for comparison purposes. So you'll see some of that peer information included in this report as well.
455
01:20:04.030 --> 01:20:25.429
Annie Rose Favreau, Item #16: In terms of our observations and recommendations, we started with the most broad observation, where we're looking at your full policy environment. So what are all the pieces that you have in place to ensure that the policies are regularly reviewed, that they're up to date, that they are meaningful and useful and understood by everyone who is needing to use these policies?
456
01:20:25.430 --> 01:20:49.559
Annie Rose Favreau, Item #16: And what we noticed there were there were a couple opportunities to
improve some of the overarching framework. First and foremost, making sure that there's a formalized policy
review process. Typically, we recommend that all policies are reviewed at least every 3 to 5 years. The great news here is that all the policies that we looked at have been reviewed within the past 5 years in alignment with best practice.
45701:20:49.590 --> 01:21:14.539Annie Rose Favreau, Item #16: But what we noticed is a lot of times, those reviews are happening in pretty organic ways, where a single issue is brought up, and then the policy is reviewed in relation to that, rather than having a more proactive practice of just having a set standard of, here's when we are reviewing these
policies, so that we can ensure that they are kept up to date. We also have some observations and
recommendations here around making sure there is standardized training, so
45801:21:14.540 --> 01:21:39.189Annie Rose Favreau, Item #16: that all members of Council and staff that interact with these policies have a good understanding of how to use these policies, as well as reviewing the policies holistically for enforcement procedures to make sure that when we say if this is important to accomplish, what happens if there is a policy violation. So, these are overarching pieces that really inform the kind of infrastructure
around
459
01:21:39.190 --> 01:21:41.270Annie Rose Favreau, Item #16: these policies.
46001:21:41.390 --> 01:21:48.599Annie Rose Favreau, Item #16: Moving forward, most of the rest of the recommendations in this report are
really focused on the specific policies themselves.
461
01:21:49.270 --> 01:21:54.450Annie Rose Favreau, Item #16: So the second area that we looked at was the Council Policy Manual.
46201:21:54.450 --> 01:22:19.420Annie Rose Favreau, Item #16: And this is a very robust document. There's been a lot of work that has been
put into this tool in the last several years, which is fantastic to see. We did do a gap analysis against the
peer city manuals to identify if there were areas that could be either made fewer, or areas that could be
added. So you will see that there are some, we have a table in here that looks at some, we're calling them
partial gap
46301:22:19.420 --> 01:22:29.349Annie Rose Favreau, Item #16: and full gaps, and those are areas that might be missing from the current procedures manual, or might be there in part, but could be further strengthened.
464
01:22:29.350 --> 01:22:53.679
Annie Rose Favreau, Item #16: And so, we have that in this table here. I will not go through each one of these, but we have included all of these as potential future additions for the next time that the policy manual is reviewed and updated. So you'll see a long list here of some of the areas that could be added, expanded, or clarified the next time this document is updated.
46501:22:56.830 --> 01:23:10.590
Annie Rose Favreau, Item #16: The next policy area that we looked at was the Code of Ethics and Conduct,
and this is a very comprehensive policy, but again, there are a few areas that could really improve the clarity
and administration of this policy.
466
01:23:11.190 --> 01:23:32.730
Annie Rose Favreau, Item #16: One of these items has to come back to the topic I raised earlier about the lack of enforcement mechanism or clarity around how some of these items may be enforced, so we have a recommendation on that front, as well as some things like anonymous reporting and making sure that it's clear how frequently training should be offered in this space.
467
01:23:34.730 --> 01:23:59.639
Annie Rose Favreau, Item #16: The Sister City Policy was a really interesting one as well, and I would say of all the policy areas that we looked at, this is the… our top priority for you all in terms of the one that we think would be most meaningful to have a review and update on sooner rather than later. Many of our other recommendations in this report are things like the Council Policy Manual, where the next time you go to update it, we would recommend
468
01:23:59.640 --> 01:24:24.460
Annie Rose Favreau, Item #16: making these adjustments, but there isn't anything that is highly, highly
urgent that we say, yes, this must be done as soon as possible. The sister city policy is a little bit different,
because this is the area where we heard the most degree of confusion, and the most degree of questions that came up around how should this policy be applied, what are some of the specifics within this policy? So we do think that on our recommendation here.
46901:24:24.460 --> 01:24:35.800
Annie Rose Favreau, Item #16: is to review and update this policy to improve that clarity, both for council
members, but also, most importantly, for staff who are helping to support this policy and administer it.
47001:24:35.930 --> 01:25:00.809Annie Rose Favreau, Item #16: So, here you will see in our recommendation, we have some of the very specific areas where we would recommend clearer definitions or guidance. So, for example, who would qualify as a dignitary for the purpose of dignitary gifts? We mention dignitary gifts within the policy, but we don't clarify how we would determine whether somebody is or is not a dignitary. So that is just one example of the… some of the
471
01:25:00.810 --> 01:25:04.279Annie Rose Favreau, Item #16: of clarity that we would be hoping to see in this space.
47201:25:05.800 --> 01:25:30.630Annie Rose Favreau, Item #16: And then the last two policy areas are very similar to each other. The first is the social media policy, and what we found here is that the city has a broad social media policy that is in
place, and that has a lot of excellent information in it. However, it's primarily set up to provide staff-level
guidance, so it really does not address council member use or elected official member use of social media in
a comprehensive
47301:25:30.630 --> 01:25:46.669Annie Rose Favreau, Item #16: So, our recommendation here would be to develop a standalone social media policy that really applies to elected and appointed officials specifically, because there are different challenges, issues, and concerns that can come up in that space.
474
01:25:47.730 --> 01:26:12.609
Annie Rose Favreau, Item #16: Very similarly to that, in terms of the technology use policy, the city has, again, a robust technology use policy, but it is primarily focused at the staff level, and again, does not
necessarily address those council members' specific scenarios or needs here. So, similar to the social media
policy, our recommendation here is to develop a standalone technology use policy to provide that guidance and make sure that
475
01:26:12.610 --> 01:26:19.599
Annie Rose Favreau, Item #16: There's clear, and useful information that can be shared with elected and
appointed officials in this space.
47601:26:20.200 --> 01:26:33.439Annie Rose Favreau, Item #16: So with that, that is my… the conclusion of my overview of some of the topics and recommendations from this report, and I will open it back up if there are any questions on any of the items that I just shared.
477
01:26:37.660 --> 01:26:49.560
Community Hall: All right, thank you, Annie, and thank you also to Colleen and Director Orozco for the presentation and information. Are there any Council clarifying questions at this time?
47801:26:50.370 --> 01:26:52.630Community Hall: I think I see a hand raised…
479
01:26:52.980 --> 01:26:55.800
Community Hall: Councilmember Fruen, followed by Vice Mayor.
48001:26:56.290 --> 01:26:59.890Community Hall: Followed by… Councilmember Mohan.
481
01:27:00.230 --> 01:27:05.810
Community Hall: In the staff report, there was also reference to the audit committee's treatment.
48201:27:06.240 --> 01:27:14.049Community Hall: of this document, and I was just curious if you could give us a synopsis of their recommendations and whence they came.
483
01:27:15.570 --> 01:27:32.569
Annie Rose Favreau, Item #16: I can begin that conversation. Colleen or others, feel free to continue that as
well. We did present this to the audit committee for their review, and we had good conversation, but most of that conversation was just clarifying some of the primary points within this report.
48401:27:39.750 --> 01:27:40.940Community Hall: Vice Mayor?
485
01:27:42.970 --> 01:27:45.709
Community Hall: I, thank you for the report.
48601:27:45.940 --> 01:27:48.380
Community Hall: So…
487
01:27:48.900 --> 01:28:04.000
Community Hall: You mentioned that you have researched a few cities, Fremont and other cities. However, besides mentioning the list of cities you have researched, I didn't see,
48801:28:04.210 --> 01:28:17.129Community Hall: comparison table, for example, social media policy. Which cities have it? Which cities don't
have it? What's the content? I didn't see any kind of comparative analysis.
489
01:28:17.210 --> 01:28:31.900Community Hall: on these policies, so you are recommending a lot of gaps to add, but then I do wonder about all these cities that you have researched, do they have or have not those policies?
49001:28:32.190 --> 01:28:35.399
Community Hall: Can you provide those information later?
491
01:28:36.170 --> 01:29:00.079Annie Rose Favreau, Item #16: Yes, absolutely. So, just to clarify there, the primary place that you will see that gap analysis from the peer cities showing up is in that comparison of the city council, or the policy manual itself. So, that section has a lot of that comparative data, but we would absolutely be happy to follow up on the social media and technology policies as well. It is fairly common practice to have
492
01:29:00.150 --> 01:29:12.160
Annie Rose Favreau, Item #16: separate, dedicated policies or sections of those policies that are specific to
elected officials. That's a fairly common industry standard in the public sector space as well.
49301:29:12.930 --> 01:29:32.590Community Hall: I… my question is not specific to social media. I would like, to know if there is a table for each of the recommendations, whether any one of the city have them, or the extent, the depth of their policy, because it…
494
01:29:33.460 --> 01:29:49.639Community Hall: takes a lot of, staff time to create those, and a lot of staff time also to follow them. So I do wonder the size of the city, how detailed they are for different type of cities. So if you can provide that information, that would be great.
49501:29:49.830 --> 01:29:53.630
Community Hall: And, not… so, can you provide that later?
49601:29:53.810 --> 01:29:57.579Community Hall: More information about what each city has.
49701:29:58.130 --> 01:30:07.569Annie Rose Favreau, Item #16: Yes, we collected all of the sample policies from each of the peer cities, so
we could absolutely pass that along to staff, so they can see all of what we gathered there.
49801:30:07.900 --> 01:30:17.489Community Hall: Great, thank you. And then the report also mentioned the industry best… best practices. It's mentioned multiple times.
499
01:30:17.750 --> 01:30:24.349
Community Hall: But I do wonder, do you have a reference for what's considered a best practice?
50001:30:24.530 --> 01:30:29.160Community Hall: Or it's best practices, like, one in…
501
01:30:29.770 --> 01:30:42.820
Community Hall: 100 CD has this policy X, then therefore everyone should have X. So, I don't know, how do
you determine what's best practice? Where do you draw that best practice from?
50201:30:43.600 --> 01:30:44.350Annie Rose Favreau, Item #16: Yeah.
503
01:30:44.350 --> 01:31:09.290
Annie Rose Favreau, Item #16: Some of our best practice sources are things like ICMA or other associations
within the public sector that have specific recommendations in these areas, but many of these items are a little bit even broader than that. So, for example, it's considered best practice across the industry to have a code of ethics and conduct. We wouldn't necessarily have a specific citation for that, but we'd be happy to show
50401:31:09.290 --> 01:31:14.509
Annie Rose Favreau, Item #16: Share some of those other sources of information that we use for best
practice benchmarking.
50501:31:15.330 --> 01:31:22.799Community Hall: Yeah, that would be great if you can include the sources of where you derive the best practice and how
506
01:31:23.260 --> 01:31:27.319
Community Hall: It's determined that a certain practice is best.
50701:31:27.460 --> 01:31:29.900Community Hall: What's the assessment for best?
50801:31:30.340 --> 01:31:33.350
Community Hall: How do you determine it's something?
50901:31:34.000 --> 01:31:42.160Community Hall: Best because… of what? What's the assessment criteria used to evaluate.
510
01:31:45.130 --> 01:31:48.220Annie Rose Favreau, Item #16: Yes, we would be happy to follow up with those sources.
511
01:31:49.110 --> 01:32:01.269
Community Hall: Because just reading the report, I guess I'm not getting full picture. I get a sense, seems
like, if someone has that, we should have it. But is that best practice?
51201:32:01.480 --> 01:32:04.829Community Hall: I am wondering about that. Yeah, thank you.
513
01:32:04.830 --> 01:32:23.660
Annie Rose Favreau, Item #16: Yes, thank you so much. And just to clarify on that, just because we saw a
practice being used in a peer city, that does not necessarily mean that's part of our recommendations. When
we're looking across at peers in particular, we're looking to see, thematically, are there certain topics that are coming up in almost all peers?
51401:32:23.700 --> 01:32:41.460Annie Rose Favreau, Item #16: That might be an indicator point of this is something we should look at, but always it's done within the context of the City of Cupertino as well, so we need to understand, do you think
that this is going to be something that's going to be useful for you as well? So thank you for that
clarification, and you'll be sure to follow up with some of those…
51501:32:41.460 --> 01:32:42.899Community Hall: Time for one more question?
51601:32:43.280 --> 01:32:58.559
Community Hall: Or you can come back to me. You've got a couple seconds? Okay, so one more question is,
I do wonder, are there other policies that other cities do have, and it's not on your recommendation list?
51701:32:58.560 --> 01:33:06.520Community Hall: I'm curious, those that you are not recommending, Why are they?
51801:33:07.300 --> 01:33:10.780
Community Hall: Yeah, thank you, if you can get back to us.
51901:33:11.200 --> 01:33:14.619Community Hall: If you can answer that right now, though, please give some examples.
52001:33:14.620 --> 01:33:15.110Annie Rose Favreau, Item #16: That would…
521
01:33:15.110 --> 01:33:16.470Community Hall: be helpful.
522
01:33:16.470 --> 01:33:41.359
Annie Rose Favreau, Item #16: So, as we were going through, there were not any standard policies that we identified as full gaps for the city, so that's great news. There is no policy that we would expect for you to have that you do not yet have in place. As I mentioned within the City Council policy manual, that there are some topics in that area that we did flag as potential items that you could
523
01:33:41.360 --> 01:34:03.639
Annie Rose Favreau, Item #16: add to, and that we would recommend adding to fill out and further enhance that manual. So you will see in certain areas, for example, making sure that there's clarity around saying sexual harassment prevention training is just one example, where that is very common to have that outlined, within
52401:34:03.640 --> 01:34:14.189
Annie Rose Favreau, Item #16: your council policy manual, so we have some of those types of topics
included there, but we are not recommending any additional new policies for the city.
52501:34:16.900 --> 01:34:21.370Community Hall: Okay, thank you. Next, Councilmember Mohan, followed by Councilmember Wong.
52601:34:27.850 --> 01:34:33.260
Community Hall: Firstly, one question. I thought we had a standalone policy for technology use.
52701:34:34.980 --> 01:34:37.389Community Hall: We do have a tech use policy.
52801:34:37.990 --> 01:34:55.129Annie Rose Favreau, Item #16: Yes, and there is a standalone policy for it. What we are recommending is a
specific policy targeted just to council members or to elected officials or appointed officials. Your current
standalone policy is really targeted towards staff, so that's the distinction that we're making there.
52901:34:57.040 --> 01:35:08.489Community Hall: Huh. And if I may add, I think one of the other recommendations, apart from maybe having a distinct policy, is including, maybe the differences, if any, within the existing policy.
530
01:35:09.710 --> 01:35:11.839
Annie Rose Favreau, Item #16: Yes, that would certainly work as well.
53101:35:12.960 --> 01:35:28.489Community Hall: I'm not sure I understood that. You're saying add some things to the existing policy? Correct. If it's appropriate to not have a separate policy that's specific to Council, if it's nominal and change… the difference between the council and staff, just highlight it in the existing policy.
532
01:35:28.810 --> 01:35:35.579
Community Hall: Oh, yeah, that would make sense. I'm not sure there should be two different sets of rules
for staff and us.
533
01:35:35.960 --> 01:35:39.000
Community Hall: My second question.
53401:35:39.110 --> 01:35:44.500Community Hall: You, you, indicated that there was, the cysticity issue was the most…
535
01:35:45.390 --> 01:35:48.670Community Hall: Confusing, that there were many questions that you were not able to…
53601:35:48.980 --> 01:35:57.949Community Hall: resolve. So, again, my, it's, it's not so much a question as a, as a comment. When, when you do these,
537
01:35:58.610 --> 01:36:04.849Community Hall: I think there's some chance that We go into…
53801:36:05.300 --> 01:36:17.579Community Hall: sort of micromanaging these programs, and as we all know, you know, public service, there's no black and white all the time, and there's lots of gray areas. So I would just sort of caution you to
make sure that we don't
53901:36:18.120 --> 01:36:24.310Community Hall: For example, I'll give you an example. One of your questions was, who is a dignitary?
54001:36:24.980 --> 01:36:36.059Community Hall: and… and that's… I think… I'm not sure you should put that down in a policy. I think every
organization has its… probably its own definition, and we should be open to…
54101:36:37.180 --> 01:36:39.810Community Hall: Some of these, differences.
54201:36:40.710 --> 01:36:42.640Community Hall: That… that was my only comment.
543
01:36:43.690 --> 01:36:56.260Community Hall: Thank you, Councilmember Wong? Yeah, just a quick question. Are there similar assessments available in other cities to look at, just to compare for the future? I assume these are all public documents, so I know that we're done with our assessment, but I'm kind of curious to see what others look like.
544
01:36:57.860 --> 01:37:04.630
Annie Rose Favreau, Item #16: That's a great question, and I'm not thinking of one off the top of my head
that I can point you to, but I can certainly find out and see if we can follow up.
54501:37:05.230 --> 01:37:10.420
Community Hall: Thank you very much. Thank you. Madam City Clerk, do we have members of the public
who would like to comment on an item?
54601:37:11.290 --> 01:37:17.559Community Hall: Mayor, I don't see any requests to speak in person in Community Hall, and I do not see any
requests to speak virtually.
54701:37:17.680 --> 01:37:27.959Community Hall: Okay, thank you. Does, do any of the Council have a motion that they would like to make at this… on this item at this time for deliberation purposes?
54801:37:34.110 --> 01:37:39.470
Community Hall: Okay, I still… I see a number of hands still raised, I don't know if those are relics.
54901:37:39.670 --> 01:37:43.280Community Hall: Vice Mayor? Are you ready to make a motion?
55001:37:46.060 --> 01:37:51.320Community Hall: I would recommend… I would not want to make an… oh, sorry.
551
01:37:52.550 --> 01:37:59.440Community Hall: My thought is I would not want to make any motion. I agree with Councilmember Mohan.
55201:37:59.720 --> 01:38:01.579Community Hall: We are a small city.
553
01:38:01.760 --> 01:38:05.359
Community Hall: And, you can…
55401:38:05.900 --> 01:38:18.190Community Hall: you can spend time to fine-tune a lot of things. I think we fine-tuned the sister city policy multiple times already, and continuing to spend a time on that.
555
01:38:18.440 --> 01:38:27.470
Community Hall: when you define something too specific, we might spend more time later to try to… to… to…
55601:38:29.060 --> 01:38:35.319Community Hall: yeah, I am concerned of the time we will spend to adopt these new policies, and…
557
01:38:36.130 --> 01:38:52.519
Community Hall: so I would want to think about it and get more information about how this kind of best practices and the comparative analysis with other cities, I hope to get more information before we make any,
558
01:38:53.080 --> 01:38:54.509Community Hall: Motion on this.
559
01:38:57.630 --> 01:39:04.659
Community Hall: All right, did anyone else want to make a motion on this item? Councilmember Fruen?
56001:39:05.440 --> 01:39:17.649Community Hall: I guess the simplest thing to do here, because a lot of the recommendations, I think, are quite good, would be to, given that we will have the council work program come up early in the new year.
561
01:39:17.880 --> 01:39:24.260
Community Hall: Committed to the city manager to suggest to us a table of…
56201:39:24.530 --> 01:39:28.110Community Hall: Items that could be added to the City of Work program.
56301:39:28.410 --> 01:39:31.279
Community Hall: For our consideration in the new year.
564
01:39:37.620 --> 01:39:39.810Community Hall: Councilmember Fruon, is that…
56501:39:40.090 --> 01:39:47.799Community Hall: Are you suggesting from… From the recommendations that are provided here, including the
ones from the audit committee.
566
01:39:48.480 --> 01:39:51.100Community Hall: Sounds good. Is that a motion? Yes.
56701:39:54.480 --> 01:39:56.130Community Hall: Moore, second?
568
01:40:02.500 --> 01:40:07.919
Community Hall: So, Councilmember Fruen, this essentially will,
56901:40:08.300 --> 01:40:12.829Community Hall: I would say more slowly move this project along.
570
01:40:14.480 --> 01:40:18.159
Community Hall: Precisely. Okay. Vice Mayor?
57101:40:18.660 --> 01:40:19.510Community Hall: Whoa.
57201:40:23.040 --> 01:40:25.480Community Hall: Which ones are recommendations by doctors?
573
01:40:26.180 --> 01:40:27.010
Community Hall: Thanks.
57401:40:27.620 --> 01:40:29.700Community Hall: Vice Mayor, I think your microphone is off.
575
01:40:29.940 --> 01:40:32.699
Community Hall: I'm a little confused on…
57601:40:33.650 --> 01:40:42.299Community Hall: Are… I think… I thought all the recommendations are by the consultant, or are they recommendations by…
577
01:40:42.880 --> 01:40:52.860
Community Hall: Because the recommendation seems to be by the report. Are there different
recommendations from the audit committee? Through the mayor, if I might.
57801:40:53.000 --> 01:40:58.160Community Hall: So, in the staff report, there you go, you've spotted it. Oh, okay.
579
01:41:00.610 --> 01:41:11.459
Community Hall: So the audit committee unanimously accepted the report and identified two points of
emphasis for Council consideration.
58001:41:11.630 --> 01:41:21.329Community Hall: Whether additional guidance should be established regarding council member attendance at assigned committees and regional bodies.
581
01:41:21.900 --> 01:41:33.570
Community Hall: That… That's one of the recommendations? I didn't see that. And whether existing policies
should more clearly define
58201:41:33.640 --> 01:41:50.289Community Hall: procedures for disciplinary actions involving council members, including admonishing censure removal from committee assignments and the investigation. So, the current motion is to
583
01:41:50.290 --> 01:41:54.599
Community Hall: Include these two for potential,
58401:41:54.650 --> 01:42:12.240
Community Hall: future work program items. I think, if I may… if I may, just for my own clarification, my
understanding is that Councilmember Froon is asking staff to take a look at these recommendations, and then bring back a recommendation to Council.
585
01:42:12.240 --> 01:42:19.390
Community Hall: I think if that is the motion, then I would also perhaps suggest, Councilmember Fruen, to
58601:42:19.440 --> 01:42:27.959Community Hall: If you wanted to include that there is no follow-up by the internal auditor necessary, and that you're asking staff to look at the recommendations.
587
01:42:28.620 --> 01:42:30.060
Community Hall: That's correct.
58801:42:31.500 --> 01:42:35.819Community Hall: So let me try and clarify. I'm sharing the screen.
58901:42:36.240 --> 01:42:44.769
Community Hall: So this part is the audit committee, two points from the audit committee, and that's part of
the motion.
59001:42:45.110 --> 01:42:53.999Community Hall: And then on the next page, here are the recommendations in the report, and that's not part of the motion. Is that right?
591
01:42:55.590 --> 01:43:03.600
Community Hall: That is also part of the motion. So all of the… all the recommendations, yeah. There's a
whole menu of things here.
59201:43:03.600 --> 01:43:19.690Community Hall: I'd like to let staff have the opportunity to look at them, see what's implementable through the City Work program, and as we go through that process in the new year, we as Council can decide which things we want to prioritize and we want to work on, depending upon what the time demands are on them.
593
01:43:19.840 --> 01:43:26.119
Community Hall: Okay, so the staff will look at the 2 from the audit committee and 6 from the report.
59401:43:26.680 --> 01:43:28.210Community Hall: Correct. Thank you.
595
01:43:37.190 --> 01:43:43.200
Community Hall: I'm not seeing any further hands raised. Madam City Clerk?
59601:43:43.310 --> 01:43:46.159Community Hall: Will you please set the vote panel, and we will vote.
59701:43:46.780 --> 01:43:52.399Community Hall: And Mayor, just to confirm, it was Frewman's motion, and you seconded, correct? Correct.
598
01:44:15.670 --> 01:44:17.400
Community Hall: The motion carries unanimously.
59901:44:18.170 --> 01:44:36.179Community Hall: All right, thank you, and next we move on to Item 16, acceptance of the Fiscal Year 26-27 Internal Audit Work Program, Fourth Amendment to the agreement with Baker-Tilley, and if approved, the related budget modification. Madam City Manager, do we have a presentation?
600
01:44:36.630 --> 01:44:53.009
Community Hall: Thank you, Mayor. So, this item presents the proposed fiscal year 26-27 internal audit work program following review by the Audit Committee. Council will consider the recommended audit priorities and determine which projects to include in this year's work program.
60101:44:53.010 --> 01:44:59.890Community Hall: The item also includes the related agreement amendment and budget action needed to
carry out the approved work.
60201:44:59.890 --> 01:45:14.919Community Hall: And I hope to get this right today for the presenters. We have Richard Wong, Acting Finance Manager from the Finance Department team, and then Chelsea Ritchie, Director at Baker Tilly, who's going to provide the presentation, and then we'll be available to answer questions.
603
01:45:20.370 --> 01:45:24.649
Community Hall: Thank you, Tina. Good evening, Honorable Mayor Moore and Council Members.
60401:45:24.870 --> 01:45:31.759Community Hall: I will be introducing Chelsea Ritchie, Director at Baker Tilly, to walk us through the proposed internal audit program.
605
01:45:32.370 --> 01:45:38.700
Community Hall: For a quick background, the Audit Committee annually reviews and makes an internal audit
program recommendation
60601:45:38.910 --> 01:45:43.040Community Hall: for the current fiscal year, which is presented to Council for approval.
607
01:45:43.310 --> 01:45:49.170
Community Hall: The Audit Committee reviewed the fiscal year 2026-27 program on July 27th.
60801:45:49.340 --> 01:45:52.059Community Hall: And forwarded to Council their recommendation.
60901:45:52.550 --> 01:45:57.930Community Hall: I will now turn it over to Chelsea to present the internal audit function and recommended projects.
610
01:45:59.910 --> 01:46:14.819
Community Hall: Thank you so much, Richard. I have the audit committee presentation, and I think it's important for us to go through this and see what the audit committee saw to help make your decisions. So, I will be running through the same
61101:46:15.090 --> 01:46:18.320Community Hall: PowerPoint that the audit committee also saw.
612
01:46:19.300 --> 01:46:22.510Community Hall: So, first, I think it's really important to talk about what
61301:46:22.660 --> 01:46:42.229Community Hall: the internal audit function at the City. So, currently, the city has retained Baker Tilly to serve as a designated internal auditor, and really, what we focus on are 5 different areas for the city, and
that's really where our projects are conducted. So, looking at risks.
61401:46:42.350 --> 01:46:46.160Community Hall: Internal controls, the efficiency and effectiveness
61501:46:46.480 --> 01:46:57.519Community Hall: best practices, as well as compliance. Now, it is important to know that all of our work is
completed under appropriate industry standards, and we've given you some of those standards right there.
61601:46:58.920 --> 01:47:13.369Community Hall: So, what is the role of an internal audit function? And I think it's really important to see this illustration, because it shows that the internal audit function is an independent role outside of the governing body, as well as management.
617
01:47:13.390 --> 01:47:26.820
Community Hall: We are constantly in collaboration and communication with both management and the
governing body. And you'll remember this, you know, when we have enterprise, when we do enterprise risk
assessments, we are interviewing
61801:47:26.820 --> 01:47:36.729Community Hall: Not only management, but we also want to talk to the governing body and get their understanding of current risks and, you know, issues that are going on with the city.
619
01:47:36.900 --> 01:47:55.229
Community Hall: It's also important to see in this illustration that we are different than your external auditors, your financial auditors, and you'll see them on the far right-hand side of this illustration, showing that they do not have those collaboration functions that an internal auditor does have.
62001:47:58.270 --> 01:48:22.519Community Hall: So, going into what makes our internal audit program for each fiscal year, you know, this is really put into three different categories. So, one is those program inputs, and I just talked to you about one of those just a second ago, the Enterprise Risk Assessment, and that's where we collaborate with many
different, you know, departments within the city, as well as a governing body.
62101:48:22.520 --> 01:48:28.560Community Hall: Talking about what risks are really prevalent, or what issues are seen throughout the city.
62201:48:28.830 --> 01:48:35.599Community Hall: We also will have, you know, we conduct interviews with employees and residents, and we
also look at performance metrics.
62301:48:36.170 --> 01:48:48.660Community Hall: And then, going into that second bucket, those opportunities, really looking at the risks, controls, compliance, and performance, that effective and efficiency of the city.
62401:48:48.730 --> 01:49:02.750
Community Hall: As well as the third bucket, which is our tracking and reporting. So, part of our function is
looking at audit validations, so looking at the findings and recommendations and what the city has done with
those.
62501:49:02.750 --> 01:49:12.690Community Hall: We also look at, you know, what types of fraud, waste, and abuse reports are coming in within the hotline. Is there some prevalent issue that needs to be looked at?
626
01:49:12.770 --> 01:49:19.559
Community Hall: And making sure that those corrective actions are happening, as well as implementation
and validation.
62701:49:21.930 --> 01:49:23.619Community Hall: Another really, kind of.
628
01:49:23.780 --> 01:49:46.480
Community Hall: way to look at this. This is another illustrative way to see how the internal audit program
really pans out. So, looking at those internal audit components that I just talked to you guys about, as well as those city functions. So, what, you know, it's so much more than just accounting and financial, functions. We're looking at public safety, risk management.
62901:49:46.560 --> 01:49:55.400
Community Hall: processes, policies, and procedures, as Annie Rose brought to you tonight. There's so many
different components that make a good internal audit program.
63001:49:58.300 --> 01:50:06.959Community Hall: I wanted to highlight some of the things that Baker Tilly has done over the years as your
internal auditor for the city. As you'll see, we have
631
01:50:07.040 --> 01:50:25.670
Community Hall: done, multiple enterprise risk assessments. We've also done a citywide internal control review that we're currently finishing up from this past fiscal year. And we've done some very focused internal control projects as well, so thinking about grant management, that sort of thing.
63201:50:26.020 --> 01:50:28.680
Community Hall: We've done 5 performance projects.
633
01:50:28.940 --> 01:50:40.099Community Hall: And we have looked at numerous policies and procedures. So, over 147 policies have been reviewed, and that's really looking at the City Council review.
63401:50:40.100 --> 01:50:52.949
Community Hall: As well as the investment cash flow review policy this past fiscal year. But as you all
remember, I spoke with you in a couple of fiscal years ago about looking at the citywide department policies
and procedures.
63501:50:54.020 --> 01:50:59.920Community Hall: In our time as the internal auditor, we've also delivered 79 recommendations.
636
01:51:00.200 --> 01:51:04.550
Community Hall: We've reviewed 39 ethic hotline reports.
63701:51:04.760 --> 01:51:14.800Community Hall: And we started establishing a validation program in fiscal year 26, and we've been able to validate that 7 of those recommendations have been completed.
638
01:51:18.420 --> 01:51:33.639
Community Hall: This kind of shows you the breadth and depth of the departments that, you know, have
been touched by the internal audit function. So, looking at the different projects and the different
departments, this kind of gives you an overview of where our time has been focused over the years.
63901:51:34.090 --> 01:51:51.279Community Hall: And I also would like to point out that at the bottom of this, you'll see those enterprise projects, so really looking holistically over the entire city and the higher departments, as well as looking at, you know, the governing body and having conversations with the governing body.
640
01:51:53.590 --> 01:52:07.509Community Hall: So that brings us to what we are talking about today, and that is the potential fiscal year 26-27 internal audit programs, or projects, excuse me. As you'll see, we have 8 listed here.
64101:52:07.510 --> 01:52:20.509Community Hall: I will go really quickly over those project strip descriptions, and obviously we'll open up the
floor for further conversation afterwards. So the first one is over Code Enforcement 311 Response Time
Review.
64201:52:20.560 --> 01:52:32.489Community Hall: So this would be evaluating the city's code enforcement complaint response process, really focusing on response times, that staff availability, and service delivery.
643
01:52:33.430 --> 01:52:48.440Community Hall: The project or property tax review would be looking at an inventory of property tax revenues and comparing those to relevant legislation, as well as interlocal agreements, helping to identify opportunities
64401:52:48.700 --> 01:52:59.050
Community Hall: For understanding, to improve understanding, really, of those tax revenue distributions,
county service delivery, intergovernmental funding.
64501:52:59.690 --> 01:53:13.539Community Hall: The investment cash flow review would be going in and having an in-depth look and comparing investment and cash flow processes that the city currently exists… is in the city's current existing policy.
646
01:53:13.540 --> 01:53:19.779
Community Hall: And making sure, do those really align with the policies that they're… that are current
under revision?
64701:53:21.050 --> 01:53:36.759Community Hall: The permitting Efficiency Study would be evaluating the efficiency and effectiveness of the City's permitting processes, identifying opportunities to help streamline workflows, reduce process times,
improve customer service.
648
01:53:36.890 --> 01:53:38.849Community Hall: And overall service delivery.
64901:53:40.440 --> 01:53:53.469Community Hall: A grant management follow-up audit. So this would be a follow-up on outstanding
recommendations from the past grant management internal control review that was on Consent Agenda
tonight.
65001:53:53.670 --> 01:53:58.929Community Hall: As well as assessing what progress the city has made to address those recommendations.
65101:54:00.010 --> 01:54:02.540
Community Hall: The Recruitment and Retention Study.
652
01:54:02.660 --> 01:54:14.329Community Hall: Really assessing the City's recruitment and retention practices, and identifying opportunities for hiring efficiency, enhancing the city's ability to attract and retain qualified employees.
65301:54:15.090 --> 01:54:28.010Community Hall: Now, the last two on this list are kind of things that we have always… we recommend to incorporate, you know, regardless. One is those recommendation validations. So that's making sure the city is
654
01:54:28.010 --> 01:54:35.280Community Hall: Really following through with the recommendations of the internal audit program that you saw this past fiscal year that we had started on.
65501:54:35.490 --> 01:54:49.349Community Hall: And then the last thing here, program management. That gives us an opportunity to meet
with, city management, you know, on a monthly basis, as well as attend our audit committees and be with
you here tonight.
65601:54:51.440 --> 01:55:09.380Community Hall: Lastly, I just wanted to offer you some resources. If you ever wanted to look at what best practices are out there for, you know, city internal audit programs, public internal audit programs, these are really great, resources to be used. And I'm going to hand it over to Robert… to Robert. Richard. Sorry, Richard.
657
01:55:10.610 --> 01:55:11.780
Community Hall: Thank you, Chelsea.
65801:55:12.970 --> 01:55:19.019Community Hall: The Audit Committee has grouped the recommended projects of the fiscal year 26-27
659
01:55:19.430 --> 01:55:24.839
Community Hall: internal audit program into tiers, with Tier 1 being the higher priority than Tier 2.
66001:55:25.100 --> 01:55:29.480Community Hall: The projects within the tiers are not placed in any order of priority.
661
01:55:29.800 --> 01:55:39.330
Community Hall: The baseline projects, recommendation validation, and program management are required
with costs Subtotaling $30,000.
66201:55:39.950 --> 01:55:47.100Community Hall: In Tier 1, we have Code Enforcement, 311 response time review, Permitting Efficiency Study.
663
01:55:47.420 --> 01:55:53.199
Community Hall: And recruitment and retention study, with costs subtotaling $140,000.
66401:55:53.420 --> 01:55:58.949
Community Hall: In Tier 2, we have property tax review, Investment Cash Flow Review.
665
01:55:59.160 --> 01:56:04.130
Community Hall: And grant management follow-up, with costs subtotaling $100,000.
66601:56:04.800 --> 01:56:07.270Community Hall: Grand total is $270,000.
667
01:56:07.820 --> 01:56:13.790
Community Hall: Council has the option to choose the tiers as presented, or cherry-pick individual projects.
66801:56:19.680 --> 01:56:28.150Community Hall: Based on the Audit Committee's unanimous recommendation, staff recommends that Council accept the recommended internal audit work program
669
01:56:28.460 --> 01:56:36.699
Community Hall: as directed by Council, And adopt resolution approving budget modification, increasing
appropriations necessary
67001:56:36.860 --> 01:56:38.989Community Hall: For the Internal Audit Work Program.
671
01:56:44.100 --> 01:56:49.900
Community Hall: This ends our presentation. Staff and Baker Tilly are available to answer any questions.
67201:56:51.540 --> 01:57:09.820Community Hall: All right, thank you, Richard and Chelsea, for the presentation. I would like to ask a couple of questions, so I do serve on the Audit Committee, and we broke the items into the Tier 1 and Tier 2, categories with the required items.
673
01:57:10.070 --> 01:57:30.310
Community Hall: pretty much needing to pass through. I believe the budget amount is $120,000, so if we exceed that, then that would be the budget modification that we need to do for this project. So we already have $30,000 spoken for, so that leaves us with $90,000 in the current budget that we would,
67401:57:30.310 --> 01:57:35.090
Community Hall: probably need to increase. So I have one question for,
675
01:57:35.240 --> 01:57:45.070Community Hall: Director Orozco regarding investment and cash flow review, and probably a second one with regarding the property tax review.
67601:57:45.310 --> 01:57:56.909
Community Hall: How necessary, since we've… we have a new cash flow policy, do you feel that this needs
to happen at this time?
67701:57:59.050 --> 01:58:01.509Community Hall: Currently, we… we've…
678
01:58:01.630 --> 01:58:17.610
Community Hall: decreased, and as we can all see with the quarterly reports, our cash balance within our
general check-in, although it is interest-bearing, has decreased substantially. So, from my perspective, there is no need, it's more of a follow-up, whether
67901:58:17.610 --> 01:58:28.030Community Hall: Council wants to kind of pursue the, the, the, the cash flow. However, the formal review that Baker Tilly's conducting will be presented at our next.
680
01:58:28.070 --> 01:58:30.570Community Hall: Audit committee, meeting.
68101:58:30.570 --> 01:58:48.720Community Hall: And so we can always revisit it, and we can see what the process is currently, and if there's any room for improvement, we can certainly implement it between now and over the course of the next year
or so. We can revisit this. As far as property taxes, this is strict… entirely up to Council whether you would
want to pursue this.
68201:58:48.720 --> 01:58:54.059Community Hall: At this time, there are competing priorities, both, as we know, the sheriff's contract.
68301:58:54.060 --> 01:59:02.009
Community Hall: From the finance, side, we are also implementing a new ERP system with assistance from
IT, and then…
68401:59:02.010 --> 01:59:16.750Community Hall: Yeah, there's a number of projects, but again, at the end of the day, Council is up to your discretion whether you want to push… pursue the property taxes. Okay, thank you, and so, from my perspective, that's how it got onto Tier 2.
685
01:59:16.750 --> 01:59:25.649
Community Hall: And, the grants management follow-up, I don't know if someone would like to make a
comment on how,
68601:59:25.650 --> 01:59:38.699Community Hall: necessary you feel that is at this time? Because I know with grants have been… having the grants, applied for has been something that we've been working on, and there's been some changes
internally with staff about that.
687
01:59:38.980 --> 01:59:50.000Community Hall: Yeah, I was gonna ask, Jonathan, if you can provide a little background on how this item got on the work plan for the internal audit, but I can… I can,
68801:59:50.110 --> 01:59:59.250Community Hall: provide context as we, you know, this… the, getting a grants review in person was a work program item. We have a new
689
01:59:59.730 --> 02:00:01.909
Community Hall: grants analyst in the city.
69002:00:02.300 --> 02:00:09.069Community Hall: Did I miss something? No, okay. So this is also something that can stay on Tier 2 currently?
691
02:00:09.170 --> 02:00:24.349
Community Hall: And if Council feels like this needs to become a work plan, it could become in the future,
but I don't see an immediate need for this at this moment. Thank you, City Manager. And with regards to, looking at Tier 1, I can…
69202:00:24.970 --> 02:00:34.020Community Hall: I really appreciate the code enforcement and the permitting efficiency study. I'm wondering about the recruitment and retention study, and what your opinion is about that.
693
02:00:34.300 --> 02:00:48.500Community Hall: This is, you know, this may be a good effort, Mayor. Cities generally are always looking for ideas on what we can do to make our processes stronger for recruitment and retention, although
69402:00:48.500 --> 02:00:55.130Community Hall: I will say, you know, our vacancy rates are significantly lower compared to last time we
looked at.
69502:00:55.130 --> 02:01:09.059Community Hall: So that's good. We're able to, you know, retain and recruit good, smart people, but it's, it may be a worthy effort to just kind of look at if there are practices out there that the city needs to adopt. If not now, then, you know, kind of continuing that in the future.
696
02:01:10.420 --> 02:01:12.500
Community Hall: Okay, thank you.
69702:01:14.280 --> 02:01:16.720Community Hall: Councilmember Wong?
69802:01:17.000 --> 02:01:29.469
Community Hall: Thank you, through the Mayor. Thanks for the, proposals and the projects. Looking at this,
most of the audit projects in Tier 1 are for customer-facing services. Tier 2 seems to be revenue-oriented.
Why was that in the delineation?
69902:01:35.580 --> 02:01:50.139
Community Hall: As the audit committee was reviewing this, I believe the reason that they separated Tiered
1 versus Tier 2 was the sense of urgency, right? Although most of the items in Tier 2 are revenue-generating or,
700
02:01:50.300 --> 02:01:56.719
Community Hall: They, they, they're either currently addressed, or it's not a top priority, or there's other,
70102:01:57.300 --> 02:02:09.899Community Hall: competing priorities that they would prefer putting either the internal auditor's efforts towards, rather than those at the time. Thank you. And what's the expected payback per project, and was that factored into the prioritization?
702
02:02:10.960 --> 02:02:15.239
Community Hall: I'm sorry, can you… Roi. Payback. I don't think that was considered at the time.
70302:02:15.720 --> 02:02:20.859Community Hall: And what are the blended rates for the project, and how many hours are on each of these projects?
704
02:02:21.010 --> 02:02:33.229
Community Hall: We did not go into that detail. We looked at it, at least from the audit perspective, at the
total cost. So it's just an estimate, is it an outcome-based estimate, or is it time and materials? Like, how are you guys building this out on the, Baker-Tilly side?
70502:02:34.380 --> 02:02:53.280Community Hall: Yeah, I can go into that a little bit. So, these would be, you know, the to not exceed amount. So, we bill based off of time and materials, you know, obviously, if something was to go under, we
wouldn't bill you. And do we have published blended rates? Is that something you can talk about publicly?
Contract. That's in the contract? Okay. And do we have access to the contract before we approve those?
70602:02:53.480 --> 02:02:55.669Community Hall: Have we… have we looked at this?
70702:02:55.970 --> 02:03:00.820
Community Hall: Okay, I was just curious. I didn't know what the blender rates are these days, so…
70802:03:01.090 --> 02:03:05.869Community Hall: And… and we also have the staff resumes for each project team that's gonna be on there as well.
70902:03:07.050 --> 02:03:15.429
Community Hall: So we provide that within our initial proposal. We do not provide that… I mean, we have,
you know.
71002:03:15.430 --> 02:03:28.720Community Hall: We do not provide that at this time. Okay. No, I'm just asking, I mean, I used to run really
big projects, so I'm just kind of curious as to what the methodology was, and if we're running, yeah, you
know, prioritization as a payback.
71102:03:28.720 --> 02:03:32.789Community Hall: I wasn't really sure what the attributes were that were driving prioritization. So, thank you.
712
02:03:35.600 --> 02:03:36.629Community Hall: Vice Mayor?
71302:03:38.700 --> 02:03:42.600Community Hall: Yeah, thank you. So, I,
714
02:03:42.890 --> 02:04:01.650
Community Hall: I see that in… thank you for including the Work program for the past few years, that's really helpful. I see that there were about 3 items each year, except last year there were 4. So, what was the annual budget, approximately, for those
71502:04:02.220 --> 02:04:03.680Community Hall: few years.
716
02:04:04.270 --> 02:04:21.079Community Hall: So, last year, the annual budget was for $120,000, and I believe that in past fiscal years, it's always fluctuated, but it's been around $100,000. So that was why we budgeted $120,000. I see.
71702:04:21.230 --> 02:04:25.939Community Hall: And then, on… Regarding the permit streamlining.
718
02:04:26.370 --> 02:04:37.049Community Hall: I thought the Planning Commission has been working on permit streamlining, so how would this study be different from what they have been doing?
71902:04:46.270 --> 02:04:51.669Community Hall: we can certainly, work with… in tandem with them. This is…
720
02:04:52.190 --> 02:05:02.640Community Hall: possibly a different approach from the auditor's perspective. Should there be any findings from the planning or CDD's,
72102:05:02.880 --> 02:05:12.039Community Hall: efforts, we can incorporate it as part of the internal auditors, but this was brought to
Council or to the internal auditors to pursue.
72202:05:12.310 --> 02:05:17.559Community Hall: So, who is… was this requested by the planning department?
723
02:05:19.340 --> 02:05:25.770Community Hall: No, this was not requested by the Planning Department, this was requested from the City Manager's office.
724
02:05:26.080 --> 02:05:29.769
Community Hall: So could the city manager…
72502:05:30.740 --> 02:05:37.919Community Hall: So, yeah, I think, I think the, permit efficiency study, this is,
726
02:05:38.120 --> 02:05:42.360
Community Hall: You know, it is a work program item to streamline the permitting currently.
72702:05:42.490 --> 02:05:56.009Community Hall: And there are solutions we're looking at, like, certain AI models and other things. With this particular item, with the internal audit, I think the hope was to understand
728
02:05:56.030 --> 02:06:07.139
Community Hall: some of the internal processes, and look at… really look at the list of our permits, possibly,
look at the times and what may be
72902:06:07.300 --> 02:06:26.029Community Hall: causing the perceived delay that we hear often? We might be doing an audit of the current, the time it takes for different permits. So this Planning Commission has been doing some permit streamlining, but there was no study done.
730
02:06:26.330 --> 02:06:30.160
Community Hall: To provide them information when they…
73102:06:31.120 --> 02:06:45.319Community Hall: I thought they have been doing that, so people didn't do study for those? Planning Commission, I've… Ben is not here right now, but, my understanding is Planning Commission did hear that item once, and they directed staff to…
732
02:06:45.320 --> 02:06:55.539Community Hall: or ask staff to go and do a little bit more community outreach. So there's a, there's a survey that's being developed that's going to be sent out. This is more of an internal audit work.
73302:06:55.540 --> 02:07:03.200Community Hall: So their work has… was there, there has been no data collected to inform Planning
Commission.
73402:07:03.510 --> 02:07:05.889Community Hall: Oh, where's streamlining?
735
02:07:06.070 --> 02:07:15.609Community Hall: how that might be… might help. There was… there's going to be some data that's going to be collected. It's going to return to Planning Commission, that item.
736
02:07:15.920 --> 02:07:28.359
Community Hall: So they are… the staff is already collecting some data. We have some data, we have not
actually looked at it and done any of the audit work. So the intent of this item is to go deeper.
73702:07:28.910 --> 02:07:34.519Community Hall: With the help of Becker Tilly. That's correct. …analyze those data. Yes.
738
02:07:34.780 --> 02:07:41.050
Community Hall: And perhaps also look at some in new technology that might help.
73902:07:41.050 --> 02:07:57.590Community Hall: streamline the process. Yeah, the work program is, you know, streamline the permitting for, you know, when residents come in and they're pulling permits, and what solutions might be out there that the city can adopt, including AI, which we're already looking into.
740
02:07:57.590 --> 02:08:07.970
Community Hall: the internal audit would be more looking at our processes and the, you know, the exhaustive list of permits that we process and where that is. Okay, great.
74102:08:08.080 --> 02:08:09.010Community Hall: So…
742
02:08:10.350 --> 02:08:26.390
Community Hall: I feel… kind of feel that these are all necessary, but my concern is, if I look at the items from the past year, they are mostly financial items, except maybe a library construction audit.
74302:08:26.950 --> 02:08:36.190Community Hall: And the Tier 1, 2 of the items would fall on Planning Department, which is already short-staffed.
744
02:08:36.420 --> 02:08:42.260Community Hall: So my concern would be, With the planning department, because
74502:08:42.610 --> 02:09:01.280Community Hall: it's not only the auditing. After each auditing, there will be a whole bunch of recommendations we need to implement. It takes time to absorb those. So, do we have the capacity to do
two studies under Planning Commission, and then would they be able to
74602:09:01.280 --> 02:09:19.679Community Hall: absorb that, or should we maybe do it in two separate years? That's what I'm wondering. I think we can certainly, I do think they are all needed. They're all needed, yeah, but I… but we don't, like,
you know, we don't have to take everything on this year, so it could be…
747
02:09:19.680 --> 02:09:36.359
Community Hall: pick one for this year, one for the following year? It's up to Council, I mean, I think… I don't know, I don't understand the staff capacity, so that's why… it's a question for the city manager. If you think the planning department can handle it, all the better.
74802:09:39.100 --> 02:09:42.240
Community Hall: So you think they can do both projects?
749
02:09:42.690 --> 02:10:01.109Community Hall: For clarification, the… they do not need to overlap. They can be scheduled staggered. So, one could commence, say, tomorrow… well, I wouldn't say as early as tomorrow, but over the course of the next month or two, right? If it takes a couple months to complete it, shortly afterwards, we can commence the second one.
750
02:10:01.800 --> 02:10:06.920
Community Hall: So there… it doesn't need to be, essentially overlap where we're burdening staff.
75102:10:07.020 --> 02:10:10.339Community Hall: I know, but my, my point is.
752
02:10:10.480 --> 02:10:20.740
Community Hall: besides the study, they also need to implement the recommendation. So if you are making
the recommendation, and then they couldn't implement it within a year.
75302:10:20.900 --> 02:10:37.919Community Hall: after a year, maybe that data is outdated. So maybe then probably we should wait on the study, that's what I'm wondering. It's not just the time to audit, the time for planning staff to absorb the work to implement the recommendation.
754
02:10:38.360 --> 02:10:48.890
Community Hall: the… so the implementation doesn't need to, again, does not need to happen immediately following the end of the report. It then follows, once presented to Council.
75502:10:49.040 --> 02:10:58.330Community Hall: it would… well, first it would be presented to the audit committee, and then followed to the council, right? So there's some lead-up time there. In addition to that, it then falls…
756
02:10:58.330 --> 02:10:59.280Community Hall: into…
75702:10:59.280 --> 02:11:23.070Community Hall: Unless Council decides otherwise, it would fall into the validation process. And so, over a course of time, the Baker Tilly will review any recommendations and can essentially check that off. Has these
recommendations been addressed? So, it can take as little as a couple months, if it's fairly simple to
implement, or a year or two, depending on the need, or if it's a new
75802:11:23.600 --> 02:11:28.580Community Hall: solution that needs to be implemented that takes some time to implement.
759
02:11:28.590 --> 02:11:44.299
Community Hall: we would then… it would… essentially, that would kind of drag on until it's been completed. And so… and as you can see, it was part of one of the work plans, and it was the baseline, or the requirements, is the validation, process. So that's something that the… the Baker Tilly conducts
76002:11:44.300 --> 02:11:53.579Community Hall: Every year, and so they'll continue to monitor this until closed. And those reports are
provided on both the audit committee on a quarterly basis.
76102:11:53.610 --> 02:12:01.970Community Hall: Okay, great. If I may add one last thing, I do think if we take on both, you know, one is primarily
76202:12:02.060 --> 02:12:19.590
Community Hall: going to be overseen by the internal auditors, and so it actually might complement nicely
with the work program that's been going on, which is streamlined. I think it could work, and we will… of
course, I will manage the staff load, but it could complement what we're doing with the work program item.
Yeah.
76302:12:19.940 --> 02:12:33.869Community Hall: I'm sorry, you're about 3 minutes negative. So I'm not sure about these requests to speak here. They're… it's a bit out of order. Councilmember Wong?
764
02:12:34.750 --> 02:12:39.149
Community Hall: Thanks, I just have some follow-up questions that just got me thinking.
76502:12:39.360 --> 02:12:55.460Community Hall: And this is to, Director Atho. The Institute of Auditors recommends a certain percentage of budget to spend on internal audit projects, and the Association of Local Governments recommends
somewhere between 0.2% to 0.5%. Are we within range? Are we spending enough? Are we not spending
enough? Just to get an overall view.
76602:12:57.050 --> 02:12:57.899Community Hall: If you could…
76702:12:57.920 --> 02:13:17.599
Community Hall: If you give me a quick second, I can do the… run the numbers. However, if you want to
move on to your next question… Yeah, just move on to the next question, come back when you're ready. I
don't have a second question, but I could… I could talk for fun if you want. So… No, I like the projects, and I
think that they're important, I just don't know how to prioritize them in the back of my mind. I don't know how the audit committee prioritized them, because I didn't read the minutes.
768
02:13:17.600 --> 02:13:19.170Community Hall: From them, and I…
769
02:13:19.400 --> 02:13:27.270
Community Hall: normally would look at a bunch of contracts and try to understand, are we getting the right
rates, the right staffing level, and where you are, but I'm assuming you guys all did that, so…
77002:13:29.080 --> 02:13:44.750Community Hall: Well, in the past, we've had a set of projects already kind of pre-selected for us, and so this time, we got the full batch, and so our strategy with it was, well, we've got the ones that
771
02:13:44.750 --> 02:14:03.689
Community Hall: have to happen, that $30,000, and then we batched them into the Tier 1 and Tier 2, and
really, Tier 2, the investment and cash flow review, because we had just, initiated the cash flow policy so that we didn't have, that, account
77202:14:03.700 --> 02:14:28.569Community Hall: growing so much that we automatically would pull the money out, and keep, about a $5 million balance, but it is interest-bearing, and so that we're really making an effort to move the funds into a
higher yielding account. With the property tax review, like we said, with regards to the sheriff's contract,
we've got a lot of other things going on. I mean, I do believe
77302:14:28.570 --> 02:14:40.529Community Hall: I believe it's important to have a strong internal audit program, I just don't know how we are benchmarked compared in terms of what we're spending versus what we should be spending. And we might have an answer already. So, just buying you some time, keep going. So, assuming we…
774
02:14:40.530 --> 02:14:50.430
Community Hall: move forward with the requirements of the about $30,000 of ongoing internal audit
functions, as well as the Tier 1, which equates to $170,000.
77502:14:50.480 --> 02:15:01.249Community Hall: If you feed that into the general fund's 100… approximately $110,000… $10 million budget, you're looking at 0.15% of the general fund's budget.
776
02:15:01.940 --> 02:15:02.950
Community Hall: Okay, thanks.
77702:15:04.020 --> 02:15:05.490Community Hall: Councilmember Mohan.
778
02:15:05.740 --> 02:15:08.750
Community Hall: And then we're gonna go out, see if there's some public comment.
77902:15:09.380 --> 02:15:12.180
Community Hall: I can hold my comments till later.
780
02:15:13.210 --> 02:15:17.250
Community Hall: Madam City Clerk, do we have members of the public who would like to speak on this item?
78102:15:17.720 --> 02:15:26.169Community Hall: Mayor, I don't see any requests to speak here in person at Community Hall, and there are no requests to speak virtually. Okay. Councilmember Mohan?
782
02:15:27.770 --> 02:15:30.490
Community Hall: So, I wanted to take a, a…
78302:15:30.620 --> 02:15:44.219Community Hall: stab at, these projects. I think it's really helpful to see the Tier 1 and Tier 2, the projects divided into Tier 1, Tier 2. The Code Enforcement and permitting efficiency studies.
784
02:15:44.220 --> 02:15:50.879
Community Hall: I mean, this has sort of become quite a priority for us. We hear lots of,
78502:15:51.110 --> 02:15:58.289Community Hall: citizen… Complaints and comments about code enforcement, as well as the permitting efficiency.
786
02:15:58.600 --> 02:16:08.379
Community Hall: And I think it's well worth our time, effort, and money to be spending on a study of
78702:16:08.440 --> 02:16:20.270Community Hall: these two issues. I am less convinced about recruitment and retention. City Manager, you said that the percentage, we were at a healthy
788
02:16:20.390 --> 02:16:24.770
Community Hall: Percentage of… Whatever… of what?
78902:16:25.090 --> 02:16:33.789Community Hall: vacancy rate, and so I was thinking that we could just probably put that off to, next year.
790
02:16:33.790 --> 02:16:45.900
Community Hall: Grants management, we just had an item on the consent calendar about grants
management and the addition of a grants analyst, so I think we should give that some time to work itself.
79102:16:46.100 --> 02:16:46.889Community Hall: Out.
792
02:16:47.299 --> 02:17:02.390
Community Hall: And Mayor, you spoke about the investment review, as well as the property tax review,
both of which we don't need to do right away. So, I mean, my recommendation would be go with the $30,000, which is sort of like a fixed cost.
793
02:17:02.600 --> 02:17:07.520
Community Hall: and, the first two items in Tier 1. If that's your motion, I second it.
79402:17:08.530 --> 02:17:20.070Community Hall: And that would include that we would adopt, Resolution 26099, approving the budget modification, adding $5,000 to the budget. Okay.
795
02:17:21.260 --> 02:17:24.659
Community Hall: So, that is your motion? That is my motion, and I second it.
79602:17:25.730 --> 02:17:28.209Community Hall: Vice Mayor?
79702:17:28.870 --> 02:17:38.210
Community Hall: I was… Hoping to have a motion that…
798
02:17:38.480 --> 02:17:43.480Community Hall: Code Enforcement and Permitting Efficiency Study.
79902:17:43.610 --> 02:17:45.770Community Hall: And the property tax review.
800
02:17:46.290 --> 02:17:51.920
Community Hall: But this will mean we have to allocate 40,000 extra.
80102:17:52.260 --> 02:17:57.699Community Hall: Then, the already budgeted $120,000.
802
02:17:59.709 --> 02:18:03.090
Community Hall: The reason is, I think, the question of
80302:18:03.400 --> 02:18:07.670Community Hall: Are we paying… getting too less property tax?
804
02:18:07.770 --> 02:18:17.439
Community Hall: And I think we are one of the four cities with, like, almost the lowest property tax in the
state. And,
80502:18:17.469 --> 02:18:32.129Community Hall: But then we never can put finger on that. I think with a good study, it will benefit… it's a
good investment for the city to understand our position, and maybe that will help us.
806
02:18:32.620 --> 02:18:43.570
Community Hall: strengthen our position to, get more revenue, or change the… the current status quo. So, I think that's…
80702:18:46.950 --> 02:18:58.119Community Hall: good information to have, and especially with the sheriff contract to our negotiation with
the county, if we have more understanding with
808
02:18:59.090 --> 02:19:11.100Community Hall: The difference in terms of property tax each city pays to the county, and how much we are getting back, that might help us in our negotiations, so…
80902:19:12.570 --> 02:19:15.510
Community Hall: That's why I'm thinking maybe that's a…
810
02:19:15.730 --> 02:19:22.319Community Hall: I don't like to allocate extra budgets, but then I… I think it might be a…
81102:19:23.480 --> 02:19:25.600Community Hall: Money well spent, John.
812
02:19:25.830 --> 02:19:29.419
Community Hall: that I would like to hear what Councilmember
81302:19:29.700 --> 02:19:45.999Community Hall: But first, let me have a question for the city manager. Just want to confirm, regarding the recruitment and retention study, so you said the vacancy late rate is low now, but in the past 1 or 2 years.
814
02:19:46.000 --> 02:19:56.899
Community Hall: how has been the experience in terms of recruiting and retention? So, has the experience been… Manager Bob?
81502:19:57.120 --> 02:19:58.350Community Hall: Positive.
816
02:19:58.630 --> 02:20:05.939
Community Hall: Vice Mayor, I'll have to kind of think about that question, because, you know, as you know, the…
81702:20:06.110 --> 02:20:11.220Community Hall: with the transition of human resources into the city manager's office, we're… we're…
818
02:20:11.330 --> 02:20:26.049
Community Hall: we're still trying to understand how things were a couple years ago, or as opposed to where we are and where we want to be. I'm still kind of forming that vision. I will say things seem to be in a good place, but this item…
819
02:20:26.050 --> 02:20:33.480
Community Hall: was on the work plan, tentatively at some point, and so I thought, you know, just as a…
82002:20:33.990 --> 02:20:49.990Community Hall: As an organization, and like every other organization, there always is more that we could be doing, to, you know, learn about best practices, or to see, from my perspective as city manager.
821
02:20:49.990 --> 02:20:57.419
Community Hall: Kind of getting deeper into the organization and learning about this whole recruitment and
retention and what the experience is.
82202:20:57.420 --> 02:21:10.040Community Hall: Other than just what I'm seeing from my perspective. So, I don't have all the answers for you, but, you know, that's something that I'm hoping to find. So, if we don't include this study.
823
02:21:10.040 --> 02:21:16.930
Community Hall: In the work program, you think your mind still be able to continue to…
82402:21:18.110 --> 02:21:23.599Community Hall: To… to grow, to, to have more understanding about this, maybe.
825
02:21:23.930 --> 02:21:42.190
Community Hall: So it's not urgent, right? Maybe it could be the following year. It's not, it's not time
sensitive, if that's what you're asking me, but it's important work. But ultimately, as it's Council's decision, if you want to have the internal audit… auditor look into this.
82602:21:42.190 --> 02:21:49.869Community Hall: For the city now, as opposed to in the future. But I do believe it's important work. Okay, thank you.
827
02:21:50.630 --> 02:21:52.030Community Hall: Councilmember Wong?
82802:21:53.280 --> 02:22:07.870Community Hall: Okay, I'm happy to support what we have, in terms of what was proposed, but if someone in the audience or someone on the staff can tell me that any of the Tier 2 items are revenue neutral or
revenue positive, I'm happy to add those into the mix as well as a friendly amendment.
82902:22:07.870 --> 02:22:16.320Community Hall: But if we don't know that fact right now, then that's fine. Because if you told me grant management follow-up would lead to us getting, like, a million dollars more in grants, oh yeah, let's go do
that now.
830
02:22:16.320 --> 02:22:33.430
Community Hall: And if you told me that property tax review could actually help us drive revenue by 2%, 3%, let's go do that now. And if the investment cash flow review said we're, you know, too conservative in our investments, which I know is true, but it's too conservative investments, then, you know, you could drive another, like, $200,000, $300,000 in revenue, let's go do it now.
831
02:22:33.430 --> 02:22:36.550
Community Hall: But we don't have ROI numbers on the back end, is really my point, so…
83202:22:41.000 --> 02:22:48.739Community Hall: Okay, seeing no further hands raised, Madam City Clerk, will you please set the vote panel, and we will vote?
833
02:22:56.690 --> 02:22:58.590
Community Hall: The motion carries unanimously.
83402:22:58.750 --> 02:23:00.370Community Hall: Okay, thank you.
83502:23:01.180 --> 02:23:03.050
Community Hall: And thank you, Richard and Chelsea.
836
02:23:04.750 --> 02:23:18.629Community Hall: So, our next items on the agenda are informational, which brings us to our final item that this September 15th, 2026 regular Meeting of the Cupertino City Council is adjourned.
83702:23:19.790 --> 02:23:22.809
Community Hall: Nice job.