City of Cupertino, CA Recent City of Cupertino Meetings, 9 Jun 2022

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From YouTube: Cupertino City Council Meeting - June 9, 2022 (Live Streamed Version)

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Coverage of the June 9, 2022 Cupertino City Council Teleconference Meeting.

(Live Streamed Version)

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Recording in progress.

C

Good evening, everyone and welcome to a special meeting of the cupertino city council today is june, 9th 2022, and we are at eight o'clock, which is the start time of our special meeting, and so madam city clerk, if you could please conduct the roll call.

D

Member moore here, council member way here, council member willie here vice mayor ciao here mayor paul.

C

And I'm here thanks very much madam city clerk and so for this meeting we were continuing a few items from our june 7th regular meeting, and so what I'd like to do is to propose that we take the items a little bit out of order.

C

I I will note that the very last item that we have um after the study session, which we had on grant proposals, item 14, which is about our work plan and then item 38, which was a combined cip and budget item we had 39, which is about our storm drainage system, and so the essential crux of 39 is not to raise the rates. I think that should be relatively fast.

C

So what I would like to do is ask for a motion to hear 39 first and then we'll get to 114 and 38, which is study session item number one. May I have a motion to that effect. um Council number, more, your hand is raised. Would you like to make that motion.

E

C

Okay, may I have a second to councilman, moore's, motion and councilmember away for the blink of an eye. I saw your hand raised and there it is again a.

F

C

Okay, wonderful, so uh again, this is to start our meeting with item number 39. There's a motion in a second on the table, madam city clerk. Oh let me go to our members of the public.

C

Actually, there is one attendee with the hand raised, and that is mahesh pakala, and so, if I may have a quick dialogue with my my uh good friend mahesh mahesh, if you wanted to speak on the motion on the table, please keep your hand up, but if it is not about the motion on the table, please lower your hand and I don't see your hand lowering and so I'll go ahead and and your hand is lowered. Thank you very much, and so I'm going to go ahead and bring this back to council.

C

Did anyone want to make a comment on this again? This is just to hear item 39. First, um I don't see hands raised and so madison city clerk. Could you please conduct a roll call vote.

D

Councilmember moore hi councilmember way: hi councilmember, willie aye vice mayor ciao, hi, mayor paul.

C

D

Motion carries unanimously thank.

C

You very much madam city clerk, all right so we're on and uh just to give everyone context. I think this is a really nice uh combining of our our various uh major items for the upcoming fiscal year. uh We're doing it I think, in an extremely timely manner. This is the first full week of june and so in order, because they all kind of implicate our budget you've got our grant funding, which is item one.

C

In the study session last time, we've got item 14, which was the work program in item 38, which was the capital improvement program again combined with the budget, and so let's go to item number one um and I'll remind everyone uh when we tabled it, um we were tabling a discussion that had already been uh presented.

C

We had heard from the public- and we were in the midst of discussion, I'll, uh remind everyone that the recommended action is to consider the recommendation from the parks and recreation commission to approve funds in the amount of 96, 460 and 46 cents for the fiscal year 22 to 23 or the upcoming fiscal year.

C

Community funding grant program and part of the purview of council here is determined, is to determine and approve the final funding amounts for the community funding program to be included in the recommended budget for fiscal year 22 to 23 and and to provide direction staff. I'm gonna go ahead and remind everyone. It's eight o'clock right now um we had to have a labor uh discussion in closed session um at 6 30 this evening, and so we have we have about four hours. um This is, of course, is the culmination of a lot of work.

C

That's been done um up to uh this point in our uh calendar year. um We have a lot of, like you, know great synergies here, um but just to keep in mind that um we want to be uh very cognizant of the time, and so what I'd like to do is basically say for the community grant funding program. Let's, let's take a collective effort to try to get this done within the hour and then, hopefully the city work program. uh We can have a similar kind of effort.

C

um I think that the community funding grant program should be actually considerably less than that. Frankly, um and then we get on to the cips and the uh budget, and uh there I do want to note that there was a request from staff earlier today um from from our city manager, jim troop uh to try to when it came to the budget, um simply pass an operational budget so to speak, and I I think that um the goal here should be to try to uh conclude this and uh see what we can.

C

You know, go uh and and front uh going into our upcoming fiscal year, but if we find that time is very much of the essence and I'll be doing a time check in that regard around 10 30., um then we can start to look at the uh the proposal from staff, which is basically to say, hey look, you know we need this to be operational uh as of july 1st, the start of the fiscal year- and so um you know we'll probably scale back to that point.

C

um If we don't look like we're we're making progress to the point where we can uh conclude this, this corpus of items by midnight this evening, okay, so um we're back on study session item one. This is the community funding grant program um when we're back on uh discussion and madam city clerk uh remind me- and please confirm this. I think this is correct. We did not have a motion on the table when we um when, when we continued this item, is that correct.

D

That's correct mayor.

C

Okay, so we are in deliberation. uh This is item one I can. um I can put a default motion on the table uh just to get things going. I think the default motion uh would be simply adopting the recommended grant allocations, as you know, examined and recommended by the parks and recreation um commission and so um I'll go ahead and see councilmember way. Would you like to set forth that motion for the purposes of further discussion.

F

Yes, please I'll, second, that, okay did you, did you move it or do you want me to move it.

C

uh I'm asking you to move it so: okay, okay, thanks councilmember, william councilmember moore. Did you want to second that.

E

uh No, I don't actually- and I want to make sure that everyone's seen, the uh the written communications that came in um for the day.

C

Okay, that sounds good well for purposes of furthering the discussion. I will go ahead and second it um and that's just a reminder that is, that does not commit us to uh the uh set of recommendations from the parks and recreation commission, but I do want to be able to uh keep us in line with uh you know procedural. um You know, formalities and so we'll go ahead and continue the discussion. There's a motion, a second on the table council. Member way, your hand is raised.

F

um Are you ready to call on council members to deliberate.

C

Yes, we're uh we're beginning the deliberative process for this motion.

F

I would like to kick off the deliberation for a couple of general statements.

C

Okay, go right ahead.

F

Okay, so here it is, um you know I've been on many many non-profit boards, which I am still. This kind of discussion is always going on. What project do we support? um Do we have um you know way this way, that they are all very good projects. We have, if not hundreds of non-profit organizations in our community, and they contribute not just economically but also humanitarian to our society, to cupertino and surrounding areas they're all great projects.

F

I don't think there is a right or wrong which one we picked and uh first I would like to make that we did authorize the parking recreation committee to make the recommendations, so I would like to have mostly trust their judgment. Second, I would have to say, is: I understand the um we might have say we want to support newer, smaller nonprofits, which is a great concept, but there are many many um very established, but very good nonprofits that do projects in our community over and over, for example, west valley, community services.

F

Why do they come every time because they have hundreds of projects? um Councilmen really mentioned about their mobile truck and mobile food truck, that's partly supported by cupertino roadway with a 25, 000, grand and west valley come up with other money. You talk about the country, that's also partly supported by kubertino rotary, and so these are really good organizations. That's reputable! So I don't see any wrong about supporting them year after year with different projects or same projects. Same thing with um I.

F

I start you know bhuvaneshwara sister city, it's our assistant city, when they're doing an event in our park memorial park to give them free facility, it's not free for them. It's free for our citizens to attend um facilities, uh a great event same thing with full festival. So I don't see any um you know problem with providing facility uh in-kind donations, support for our very reputable organizations in our community. They contribute to our citizens in tremendously and for school districts that serve our students, whether 100 lives in cupertino or not.

F

It is students that they serve summer. Programs cannot be open to 10 000 students, but they do pick students that need economically uh disadvantaged and, as to um I think, council member moore asked if other cities support this non-profit. Yes, they do. Every year I applied to west valley uh to san jose. To uh chucky, who is charge of the west valley area. Did one section close to us and he always supports the high schools foundation with a community grant fund.

F

I know sunnyvale does the same thing, so every city has grant fund that help the community they're all really good causes. So two things I want to make is everyone has a good cause and I don't think we have a right or wrong in supporting who they uh who we support. Second, these non-profits are valuable assets to our community. Third, I do believe we uh empowered our parking recreation commission to make decisions and um we could trust their decision. Making.

F

Third school districts are very close to our hearts and- and fourth is even though we consider some organization established, but they do great projects in our community. uh Rotary club actually contribute over 150 000 to our community every year, with over 30 60 30 to 60 projects per year, so I just want to say: there's no right or wrong and um if we have more money, yes, please support more.

F

If we don't have more money support what we can support- and um I just I do believe that there is nothing right or wrong about who we support and we do need to support them when they, you know open up their time and their volunteering to to do a festival. You know our staff knows that it's not easy to give them in-kind facilities.

F

That is just a minimum minimum to support them to you know, give our residents a great venue to go to so I just want to say there's no right or wrong, and I would support all the projects if we have the money. Thank you.

C

Okay, thank you, councilmember white. Let me ask a question of staff at this point, so there are a number of requests for material and follow-up, and I'm noticing that we don't have a new packet for this. We do have written communications in some presentations.

C

Is there anything from staff and follow-up to this item based upon our council discussion on tuesday, because I did ask for desk items if that was necessary? Rochelle you have your camera on. Is there a follow-up here from the various questions that were asked.

G

um Yes, the memo, that's in the um in in the what are they called written communications for this evening that answers the questions that were from your motion from tuesday night's meeting.

C

Okay, very good. Thank you very much michelle. I appreciate that information, and so let us go on to councilmember moore with a hand raised councilman moore.

E

Okay, thank you mayor paul, and thank you rochelle for providing the information. I think we should have um someone from staff put the written communications up on on the screen for us and take a look at it.

C

And why don't we do that? Does anyone on staff have the written communications open and available to share at this point.

D

Mayor I can share those if you'd like to um direct me to which item you'd like me, to open.

C

Okay, uh so that would need to be, I think, through council member moore, who has the request. Okay,.

E

Item number one written communications community grant funding program, written communications.

E

um It begins with a an email from omniware networks and a clarification about their tax-exempt status, which addresses uh the question that I had and then the next item community grant funding program. So we don't need to look at the first one, but the next one that says updated, attachment, c evaluation totals and parks and rec commission recommendation desk item.

E

We can actually scroll past that and what I want us to be focused on after the policy is the blue and white striped table that shows the the vendor. The invoice item detail description, fiscal calendar, 2018, 19, 20, 21 and 22 in a grand total. So I'm very grateful that we have this information now um and then also in this packet. We have festival information which um I did not see the I asked about this. I didn't see the festival, fee, waiver requests um and there's a um on tuesday night.

E

I um as an attachment I sent in the requirements for for festival fee waivers. Yes, yes, just keep going um yeah keep scrolling down. So that's the require. That is the information about the um prof non-profit status. So that is, it is current and, um and I did receive a a call or a phone message um from uh omni networks, and then we can pass through this. This memorandum onto um it's, a blue and white uh striped spreadsheet right after the policy there's one more and then here we are now.

E

If there's any way to that, this can be um made larger, that's wonderful! That could help okay, so the first one we have and I'm not even sure what this is was seven thousand dollars given to um heart of the valley. uh Then women's sv, out of the mayor's fund, a thousand dollars uh chinese american coalition, compassionate care uh thousand dollars a silicon valley, jewish film festival. Five thousand.

E

I won't read all of these um some things of of note: cupertino union school district, uh we're having it showing a total of a hundred and eleven thousand uh ufrap museum, uh 159 000. uh west valley, community services, uh 1 million 447, 000, uh a rotary endowment foundation, thirty six thousand uh rotary club, twelve thousand seven hundred and eighty breathe california bay area, sixty five hundred bhubaneshwar, uh only nine thousand eight twenty fremont union high school district, 514 546..

E

The next page is interesting. uh It's the proposed fiscal 2022, 2023 festival, festival, fee costs, and this uh in my opinion, um we probably should have seen this come to council uh already. So um this might be a proposal, but because it is to my knowledge, I need to have this clarified. This is not part of this. The 96 000. um and I look at festival, fee cost waivers, and I think it should say that the waiver num word in there.

E

That is a grant so um and- and this might not even cover- I'm not entirely sure if this covers the the whole cost, um but uh you can see, we've got 145 000 uh being requested, and that is on top of the 96 000.

E

um So when we, when we have the sheriff and public works and and uh individuals needing to spend their time on these, these particular festivals, it is a cost to us. This is not free and also when you're looking at, in particular, um the chamber of commerce. uh That's not a 501c3, that's a 501c6!

E

It's a lobbying organization. They endorse candidates, uh they endorsed uh council member way, for instance, and uh they uh have a pac. Their pac uh has previously given a 120 000 uh per per candidate and opposed candidates uh opposed um that pac opposed the vice mayor, for instance. So I I I don't see why we would be gifting, uh because it's going to a political purpose, why we would be gifting funds to a lobbying organization in that manner.

E

Also, I do have some concern with regards to the the sister cities and equity, because some of the sister cities aren't receiving any waivers at all of festival, fee costs, and so I think we should have complete information about this.

E

I'm going to assume that the festival fee waivers are going to come back to council, but uh and that this is not actually part of um of the approval tonight that we're looking at uh just the grants- and I want to have have that clarified. But I think that this fee waiver is part of the budget. But I I need to understand that as well um from an accounting standpoint, and uh so I'd like to hear hear that and then I think I'd like to perhaps entertain a substitute motion.

C

Okay, well, let's, uh let's go ahead and entertain that substitute motion uh after we hear from staff in um in. In response to your comments, councilmember moore and I do want to thank you for getting into the granular detail here. It's it's, it's so very critical. um I I think there were a couple of um a couple of fact check items. I I just wanted to go back and and clean up a couple of statements. There was one um council member way you had indicated that we empower the parks and recreation commission to make decisions.

C

I just want to just clarify we're actually asking them to make recommendations. So let's just be really clear about you know the the the you know the ask there um and then and then for uh council member moore.

C

I I think you make legitimate points, um certainly, but the one that I want to clarify and I'm not doing this from an advocacy-oriented perspective, but I just want to clarify that the chamber of commerce actually separates out their 501c6 organization from their political action committee and so to to make the statement that giving money to the chamber of commerce 501c6 uh is akin to uh supporting or opposing candidates. I I think you make a good point as to as to that aspect of the lobbying uh of the organization, but they are actually separate.

C

You know separate entities there, so the chamber pack in the chamber.

H

C

You know I I just I just want to make that clear, so that we're not right.

H

C

E

They donated money out of their out of their chamber, 501 c6 to the pack. You can follow the money.

C

Okay- oh I just want to just make it clear that there is that separate legal um legal distinction, and so I that I don't know about that- I don't I know in in the interest of full disclosure from 2010 to 2014. I sat on the chamber of commerce board of directors and I was a sitting president, which uh you know came with its own. You know travails in 2014 when I ran, but um you know at the end of the day.

C

I know that those are separate entities in in terms of whether the money actually came directly from the 501c6 bank account to the I'm not sure.

E

Mayor paul, I also want to mention a an item that has been postponed.

E

I wanted it to come before this discussion so that it could all be uh transparent, brought out into the light and it it discusses the 65 000 given to the chamber of commerce for them to make a website to advertise the chamber that the chamber has approximately 300 businesses. The city of cupertino has over 2 400 business licenses registered with the city, so it is a subset of the businesses being represented there.

E

So I I I wish that that item had had not been postponed beyond this, but I think we need to have a full amount of information uh about that that organization and the handshake agreements that have been made, uh that the lack of accountability for funds that have been given to the chamber uh I've had this made this request. I've asked about you know: where's the contract for the money that's been given and and it I nothing turned up. There was no contract.

C

Yeah, okay. Well, thank you very much. I appreciate that. I just wanted to clarify the the legal distinction between um those those entities and so well. Let's go um since our our legal counsel does have a hand or did have a hand raised and but doesn't anymore. Let's go to our director of admin services, christina alfaro, christina you had a hand raised. Did you want to speak to any of the comments that were made by either councilman moore councilmember way? I'm imagining it's probably councilmember moore's comments, but did you um want to speak to those.

I

uh Yes, thank you mayor. I just wanted to cover that the fee waivers were actually first presented as part of the proposed budget study session powerpoint presentation.

I

uh We get those after we're able to publish the budget, so we always make sure we bring those in to council as part of that proposed budget study session for council's consideration, and so that they're, aware of those and then they get implemented as part of the final budget. If council approves those fee waivers, but there is, it is not specifically called out as an action, but we did show them as part of the presentation.

E

Through the mayor.

C

Yes, please go ahead.

E

um I I think we should have, I think, would be prudent of us to set a cap on this because we're looking at um having a budget approved, and I would consider we have the 70 to 90 000 grant cap. um I think this year uh do do a 90 000 grant cap on the festival fee waivers and it should be. I would assume um similar where you have the 20 000 per entity maximum and the same 501 c 3 designation, requirement.

C

Yeah, no thanks for the comment and um the questions guys are more. You know. One sticking point for me personally is that uh I wonder how these fee waivers get placed on a list for request, um because you know back in 2018 when I was uh when I was mayor for the first time uh I started up our volunteer fair again, which was just a fantastically well attended and well received uh festival in the city.

C

So um what I've been hearing you know more recently, is that as we um didn't have the volunteer fair last year, but we had it uh the prior year before the pandemic, and um we were looking, we were looking to start it up again in may this year, but um it was pushed back to the fall, probably september.

C

What I've been hearing is that you know staff was telling me well that's going to come out of your mayor's budget, and um you know the mayor's budget is, is 15 000 a year and, generally speaking, it's allocated 7 500 for the first half of the fiscal year, which is july 1st and december 31st, and then for the second half of the fiscal year um january 1st to june 30th, and those are usually two different mayors.

C

um So so what I'm being told is that that entirety of that that half um prospectively is looking to be allocated towards the volunteer fair if we have it so so, my question is: how do we get all these various other items on on the list, um but for something that is, you know historically been there, um because I didn't invent the volunteer fair. It was. It was there in cupertino long before uh any of us came on council. I just revived it.

C

um I'm I'm wondering how do these items get onto this list for consideration of an automatic waiver, um but you know uh the one that is obviously very well. um You know grounded in cupertino history, but not actually um you know and perhaps there's an application, but I I do wonder uh whether it makes sense to you know basically and have also been asked. um Oh, can you put all of your mayor's money into bobatino, which you know I kind of think you know.

C

Surely there's some kind of um surely there's some kind of mechanism if there are uh appetites from say the teen commission to have that kind of event um to to to fund this other than you know, a discretionary funding, that's a relatively limited amount, um and I will point out you know. At the end of the day you know we we have a very limited amount of discretion um as to you know things that we set forth in the city. um You know on our own as council, members and and as the mayor.

C

So so so I just um you know, I appreciate this list being set forth, um but at the same time I wonder whether there are some uh fine-tuning points we can make in order to you know. I.

H

C

Better reflect the the activities that we're we're putting forward as well. So um I do see your hand is still raised. Councilmember moore, let me uh give uh vice mayor chow an opportunity, uh but before we do that councilmember moore, you had stated that you wanted to place a substitute motion on the table. So why don't you do that at this point? And so um we can entertain that substitute motion.

E

Okay, let me see if I can take a look at this.

E

Essentially, it's with the the the same primary list that the uh the city has provided and I would remove um cusd and um fuhsd foundation and west valley community services at this time and because we're providing within our budget even more funding to west valley community services for another another program, which is far more substantial than the ten thousand requested here.

C

Okay, uh is there a second for council member moore's motion vice mayor chow, I see that you have your hand raised. Would you like to second the motion? The substitute motion that council member moore has set forth.

C

And uh vice mayor you'll need to unmute yourself to be heard.

J

I'll, second, that.

C

Just like the substitution, okay, very good, so we we've got a motion on the table. Now we have substitute motion. um These are not enumerated, but if I were to look on page uh 303 super enumerated page 303 of our original agenda packet from june 7th.

C

um It is the uh the organizations in green which are one two three four, five, six, seven, eight nine. So there are nine of them that were recommended by the parks and recreation commission. It would be the first fourth and ninth that would be removed. So then it would leave six more uh organizations to be funded. Okay, so vice mayor, let's go to you for commentary and again this is on the substitute motion, that's on the table and then we'll go to councilmember away.

J

I have a question: it may not be relevant enough, but just want to clarify. So if someone is a member of an organization, that's seeking funding, I think there is no conflict of interest, but if someone is listed as officer or a member of the board, then is there a? I believe there is a conflict of interest right. Maybe we need to vote separately just.

C

Let's um move this to our legal counsel. Chris, um can you speak to that question from vice mayor? Show.

K

Yeah, I I think that that that um you know uh answering that question sort of from general principles. I think vice mayor chow stated it accurately that that so some somebody that that's that's what that's a member of a board of a non-profit or you know you know, you know, certainly that if anybody that gets income from that nonprofit would have a conflict of interest in this kind of decision.

K

And you know I would advise them to recuse themselves, um someone who's, just a member of a nonprofit that doesn't um you know, have they have any financial or other interests that warrants recusal. I I would that you know that would be an issue.

J

So when then, if necessary, we will just spread the item into and vote on them separately.

K

C

K

So the rem, the remedy for that conflict of interest, would be to procuse oneself from consideration of the item and go.

J

K

Leave the meeting.

J

But I remember, then, if one have to recuse themselves, they cannot even participate in the discussion. That's correct! That's great!

J

Oh for that item. I see okay.

C

Okay, so um does that apply to the entirety of the item chris or just to the vote on that particular organization. In this case.

K

So it it it it it would. I I mean there are probably ways you could set it up, but the way this this has been set up, I think particularly because you're you're talking about a finite pool of funds. I think that yeah and that you know this item has been grouped together. I think that the appropriate remedy would be to to produce oneself from consideration.

C

Let me ask if this is just kind of an academic question: are there currently we have a substitute motion on the table and the uh six organizations up for consideration, funding or women's fee senior services, heart of valley, american cancer society relay for life? I'm aware of networks, the buddhist medical foundation breathe california at the bay area I mean. Does this apply? Does this apply to any of our council members? Does anyone sit on the board of any of these organizations.

F

I'm on the board of the fema union high school foundation.

C

But that that's not one of the um that's, not one of the ones that are always.

F

Too much ideas, one of the it's not then it's okay, the fremont.

C

Union uh school district, I think that was removed by councilman moore in her substitute motions, okay yeah. But um let me let me go to um our legal counsel on this, um so chris, the fremont union school district item is part of the corpus of applicants and it is part of the original motion on the table. So so how would you suggest that we deal with this um in in that instance,.

K

Yeah, so so um you know so you know I apologize that this wasn't direct addressed earlier, um but I think you know it that the most prudent course would be for first council member way to recuse herself. If she is on the board of of the fountain union school district foundation,.

C

Okay, well uh far away, I I think that that's ultimately your call, um but uh it seems like recusal, is uh the recommended course of action.

F

I'm okay with it because you know, as I said, these are all good nonprofits. Whatever the money goes to, I don't see any right or wrong.

C

Okay, well, thank you, councilman. I'm sure that our city clerk uh will notify you, so um mr city attorney jensen, so hung can still participate as an attendee at this point right so that we can.

K

Yes, if she wants to watch the meeting, it's it's permissible to move her over to the attendee, and so she can continue to watch the meeting without participating.

C

Got it okay, well, uh councilmember way, I'm going to do that uh now with your consent, of course,.

F

Oh sure, um but can I make one last comment.

C

F

Know not about anything just about the festival which is not on the, um but I guess we can talk about festival later when it comes with the agenda right. Oh you're, right, exactly: okay, yeah, that's good! Okay!.

C

Thanks customer away all right, so I guess uh we are along twice: I'm sorry we're on vice mayor chow's comments and then we'll go back to council member, more I'll, remind everyone that we have a substitute motion on the table. If that is voted on, doesn't pass we'll go back to the original motion. The substitute motion is what we're uh discussing at this point. Vice versa,.

J

um To be fair, I think we could also partition the item right, so we can partition, the fremont union foundation went out and then we can just discuss the rest together and then council rainbow we can participate and then we can vote on the foundation one later and that one she just needs to recuse herself from that one yeah. I didn't know that. Actually it's from her comment, I kind of get the sense it seems she has certain personal interests. I get.

J

I sensed that then I looked up and so, but I don't want, I don't mean to exclude her from the entire discussion so.

C

I wouldn't don't don't hang the the downstream effect on on your on your exclusive. You know on your head, I mean it's a legitimate comment and, at the end of the day, uh councilman way has agreed to recuse I'll point out that our legal counsel did point out that this is a finite pot of money and so you're making decisions about what's applicable for one you know in in a real sense to the exclusion of other organizations.

C

So um I I will note that we do have a subcommittee um for this particular topic of of grant funding, and so that is part of the mechanics that certainly the subcommittee uh can and should be, should and can be uh looking at in the future. But let's let's proceed at this point. um Vice mayor ciao, you have uh your hand no longer raised, and so council member more, uh you have your hand raised again. I don't see the hand raised councilmember.

C

I don't have um comments about the substitute motion myself and so councilmember moore after you make your commentary. I will call for a vote on the motion that is on the table. Councilman moore.

E

Okay, um thank you. I just have kind of a procedural question um so who was the maker of the original motion.

C

uh The original motion: that's a good question. Actually that was council member away.

C

Yeah, let me go back to our legal counsel now, so so so here we are chris. um We have uh a midstream recusal of the motion maker.

C

How would you suggest that we resolve this and I I realized that perhaps it would be a question best set forth to a parliamentary parliamentarian, but um you know here we are and we're leaning upon your uh good thoughts and expertise here.

K

Yeah this this this um well, this is an unusual situation, so I I think I I think we should look at a a you know to resolve it as pragmatically as possible. um You know, certainly, um since you know it's not appropriate for um councilman for way to uh have, you know really participate in the debate. I don't think you know that I don't think the motion can really be voted upon without creating conflict of interest issues um she's not present to withdraw it.

K

I think perhaps what might be cleanest is that if somebody else makes and and seconds the same motion um and- and you know that uh council can vote on the substantive motion, substitute motion and and then uh you know vote on, I guess this was a replacement motion and.

C

K

C

Why don't we do this? Since we have the substitute motion and there's that original motion by a movement um that is no longer here, um can we can we remove the substitute motion um so as who was the seconder of the substitute motion vice mayor.

D

It was you may or paul.

C

Okay, so I I'll I'll be willing to remove my second for the substitute motion.

D

I apologize I apologize mayor for the substitution, it was. It was vice mayor.

C

Okay, so I'll ask the vice mayor if she would be willing to um remove her second and then, as the seconder of the original motion, I'll go ahead and remove that. Second, uh therefore, if, if that, if the willingness of the seconders are both there, there's no longer a motion on the table and then we can start over basically with a new motion. um Does that? Does that work? uh From your perspective, uh legal counsel, jensen.

K

I I think it does it sort of clears the deck and allows us to start over without the complex issue.

C

Okay- let's do that, uh so let me ask vice mayor chow: are you willing to withdraw your second from the substitute motion.

J

Yeah sure, okay.

C

I'm willing to withdraw my second from the motion. That's on the table.

E

C

uh Yes, councilmember.

E

I have a procedural uh uh question about that, uh so I have to say is for having made the substitute motion and having my second, I think that uh you could very simply just remove your second from uh the the first uh original motion, um if you felt, uh as we seem to see that it was done in procedurally in error, so I I do have a problem with having lost my second, it seems a bit seems a bit unfair, uh just pointing that out, but if what you're saying is that I simply make it again and get seconded again, then then that can happen, um and then I might actually wish to alter it and bring in some of the other items in the list um which parks and rec commission suggested, which is, if you have the money um they suggested we bring in yongsan.

E

um So we could uh perhaps take a look at some of the other items further down on the list.

C

Yeah, okay, great um so I I I'm certainly not trying to be unfair. I'm just trying to be procedurally, um you know cohesive, um but uh you know your. Your comment is registered um on the recorded record, councilman moore, and so uh we are clean right now. There's no motion on the table, so let's go ahead and entertain another motion, um since our original movement uh is not here for the original motion, but our substitute motion movement is is here.

C

I will you know, ask councilman moore whether she would like to play some motion on the table at this time.

E

Okay, um so I I move that we approve the recommended action uh and yet remove um the fuhsd foundation. Remove cusd, remove west valley, community services for the reason I mentioned previously and add uh young zein.

C

Okay, uh so that that is the next uh one down on the list. I note um in terms of the ranking order of the parks and recreation commission. Is there a second for council member moore's motion vice mayor chow, I see that your hand is raised.

J

So we are adding young signing right now.

C

H

J

Different than last time,.

C

Excuse me, according to councilmember moore's motion, she is, I think it might be young zine. Maybe.

J

C

But um yeah okay, so.

J

Yeah but I have a comment uh to make.

C

Okay, so there's a motion in a second on the table and we will go to uh vice merchant for the start of deliberation on this motion.

J

Okay, so, for I think for cosd the I have concerned about the type of program that's offered is not open to everyone, even though our brand guideline doesn't seem to be clear and also they are not 501c3. I think we should follow our policy, the for the freemont union, one, the foundation, one, it's an online mentor service. That's also it's not a one-time event.

J

I think the intent of the grant is for a one-time event, and that seems to have go over all over the place and also, I think there are so many public agencies if they all come and compete for our very tiny grant and they they all have they offer or offer amazing progress. Then it doesn't seem too. Big people are competing at the same footing and then for west valley community service.

J

The description that they have applied for is not a specific program. It's a description of their entire service and it's not even a one-time event.

J

So that means they can basically apply every year for whatever amount that doesn't fit our grant by guideline either, and this has by no means is in any way speak to the value of the service they provide and the city does provide immigrants through the cpa, cdpg grant and then other grants federer.

J

When that specifically is meant for the client, that's served by wvcs and the specific type of program they do serve and then the cp city has, during the pandemic, added the funding to serve their client, and I think those are appropriate use of grant and if they do need to have a unique program that do need city support. They could always come and make a separate request for for grant. But for this one it's not an effect, that's what this grant is meant for and then for yam zing.

J

um I think that program is great, but I was going to suggest that they should they actually qualify for the what valley, water, grand valley, water. I spoke to their grand officer. They their grant comes from um a voter approved bond. Major a certain percentage have to go to community grants. They say that they have money sitting there that they never use up every year. It's sitting there waiting for people to apply, and this kind of environmental program fit right in their category.

J

If and they would even help community organization to write grant to friend them so that it fit their funding guidelines. So maybe we can fund them this year, but then I think we I think in the future. Also, besides our grant, maybe the city can create a page with all these other funding sources.

J

People can apply besides the city grant that then they are not relying only on the city. So a lot of high school programs are great. Like the quick side, like the the highway cleanup program, we had was funded by the what valley water grant I'm talking about and the city could have applied, and they also found festivals actually and asked what festivals they found in cupertino. They found that they gave funding for rotary and chamber for their holly and diwali fest festival, but the city did not apply for our earth fast festival.

J

So those are things that, when options, the city should even explore and we should inform our residents this extra funding for festivals, for they want to host.

C

Okay. Okay, thank you. Let's go on to council member willie. At this point um I see a handle is still raised from councilman moore um councilmember willie. Did you have some commentary on this motion.

L

Yeah, thank you. So we have the motion. That's on the table. um You know I I'd like to you know back up. I I do like what councilman way said.

L

All these um organizations that have requested for funds are good are good organizations and yeah. We can. We can get into some of the details um as to particulars about why they they wouldn't be able to to get funds because of the the the details dotting the eyes and crossing the t's per our requirements.

L

But I did like what uh uh vice mayor chow said. You know for a couple of those you know that maybe could get funds elsewhere and so and so forth, but being able to fund them this year. Maybe we should update our manual and make it more clear. So the west valley, community services knows to identify specifically what what projects the funds would be used for. You know like the the the way they got, the uh the mobile food uh uh truck or uh upgraded their uh uh pantry.

L

You know the I think they have so many uh projects and the fact that they didn't clearly define what the project would be that without that funding, it likely wouldn't happen.

L

Yeah they'd like to do it, but they they only have what they have. So in general, all these organizations are great in general, uh the particulars that might bounce a couple of them out, I think, being a little bit more uh generous in terms of or allowances, allowing a little bit more in the way of allowances.

L

So that being said, we have the staff recommendation. I I support the staff recommendation, um but then I also support the uh young zine, the uh you know to me the name. I think they could use a little bit of a name change. You know the summer youth client program, climate summer, youth climate program. As I said, on tuesday night, you know trying to get our next generation involved in important issues in our community, both the the our community students and issues of importance in our community.

L

What more could we ask for and for their their ask, is only six thousand dollars, so there's that one. I also brought up on tuesday night the stem boost which to me really speaks to helping students.

L

You know elementary school and middle school students to not only understand technology but to more or less be able to understand how it might help them and they could get involved and I think, on tuesday night, the answer from staff was is that stem boost wasn't uh fully uh able to meet all our requirements and so I'd sure, like staff, to try and revisit that once again for for something, that's gonna help kids in our community, you know, understand and get involved and- and you know, go places that they may not go without some of these uh items, so I think there's some other really nice ones, but I'll limit it to to those ones.

L

I mean the friends of deer. Hollow, I think, is you know really a phenomenal thing for not only our community but the surrounding communities and to understand and appreciate. You know how animals fit in the overall structure of things once again without it.

L

You know how, often in in in this silicon valley, where we have paved and and concreted over so much, you know making whatever we can more accessible and and these people are using volunteers and and stuff, but they didn't ask for money this this time, so I won't go there. I just want to do a shout out for them, so my preference is to not shrink the the bucket this year to go with the staff recommendation.

L

Add young zing try and get staff to see if stem boost can qualify and if they could, I would support them, also bhubaneshwar. It was mentioned on tuesday night. Well, then, what do we do with all the other uh sister cities?

L

I think the message also needs to go out to them all that we welcome them. We want to encourage them. If, if we say no money, no, you guys go and do it on your own. We're not really encouraging these people, we're not really welcoming them and saying hey. We want to work with you, and so since bhubaneshwar did ask for funds uh this year, fifteen thousand, but if we were to take the approach that for sister cities to be equitable, that we would want a a a number that could be applied.

L

I think we have four sister cities, something on the order of you know four thousand dollars per sister city, but the other ones haven't asked great, but bubanar shawar did so. If we were to lower the 15 down to four, let the other ones know you know so. Toyakawa and the cherry blossom festival yeah they're able to manage it on their own. But let's be a welcoming community. Let let's reach out, you know: coppertino get them to be able to have a a.

C

First of all, let me let me because you know in the interest of time.

L

So I think I've said where I'm after I.

C

L

That, because I find it really tough to to vote no on the motion, that's on the table, but I want to put that out that I would much prefer to see us be a little bit more generous.

C

Okay, well, thank you for recording your comments uh and sentiments on the record. So let me let me just go to um councilmember moore and vice mayor chow, very briefly time check where 854 I want us to wrap uh by nine o'clock. I was hoping we could get a little bit faster than that, but to the extent that we're being repetitive, please just table that um and then I'll remind you that councilmember moore's motion is on the table um and so we'll go ahead and go to council for more and then vice versa.

E

So I was wondering well well, first, with regards to the the festivals, there was a question. There is a um some uh policy that I I sent in um it's uh written communications uh for for tuesday night. It was in attachments um showing that, uh with regards to the the history of the sister cities, um having fee waivers festival, fee waivers, the fee waivers for um the toyokawa sister city has been a little over thirty thousand dollars per year, around nine thousand dollars for bhumaneshwar and zero for the other two sister cities.

E

So that's so we have a a pretty pretty big disparity there. um I was wondering if there's some, because uh we're we've dropped the total funding.

E

If there's some um appetite for adding the uh the chinese-american coalition for compassionate care, which covers um issues with um uh mindfully facing grief and loss uh and starting the conversation is the the program name and event, and- and I appreciate this uh uh because it it is, it is a it is a difficult topic um and I I think it it's covering an area that I don't think that that we have um touched on um in the past, with our with our programming that the city is providing and uh yeah.

E

I think I think it would be really beneficial uh to the community if this this could be um considered, and I would like to hear something about um the palisados calico challenge, because we could bring those two items into the list and then I believe that puts us into the the grant range um that we're looking for and and could provide some good a variety of programming. So.

C

You're apparently attempting to change your motion and so possibly.

E

Possibly I want to hear about the the calico challenge, but I might want to I. I would definitely like to to see if there's support for adding the chinese american coalition for compassionate care because of the end of life issues and the grief, grief and lost topic. I think that that would covering that would be a really wonderful thing.

C

Okay, this one I do, I have a uh hand raised from vice mayor ciao and hand raised from councilmember willie, um so our assistant director of the recreation community services department, uh rochelle, remind me- is it called parks and rec now or is it still recreation and community services department? I.

G

C

G

It is parks and recreation now.

C

Okay, so we went back to the code. Okay, great, so um you know rachelle you've been patiently waiting we're into the deliberative process, though, and so I would need to grant your um leave to speak. Did you want to speak on some informational material here or was.

G

There something.

C

Else that you wanted to make just wanted.

G

To clarify one thing: okay,.

C

Why don't you make your clarification.

G

So west valley, community services did apply for a specific program. It is called their gift of hope program and it is a program that they run during the holidays for their the families in need. So I just wanted to clarify that.

C

Okay, well, thank you for the clarification. Let's go back to the the deliberation here, um so the question from councilmember moore was essentially whether there would be a willingness to add uh the chinese-american coalition for compassionate care in the palace. Pali palisados uh foundation um grant applications uh to promotion um mayor paul. No, no, please can you please. Let me ask my question, madam city clerk, um can you tell me who the seconder of council member moore's motion was.

D

It was vice mayor, chow, mayor.

C

Okay, so what I will do now is um you know, because we're already uh right at nine o'clock at this point, um let me let me ask the seconder uh vice mayor ciao, whether you would be willing to um make that amendment to the motion on the table since the movement it's uh herself is asking for that, and I realized it was. You know, as a request.

J

Some questions answer the first.

C

You'll need some questions answered first, okay, so so let me let me just suggest this okay, you know when, when I allocate time for an hour, you know when we have a motion on the table by the original movement. There is no reason to add two more. uh You know two more organizations as this is going along as we're not adding more information. You know I I'm simply trying to do this in an efficient manner and so to the extent that we don't need to make gratuitous comments.

C

um You know focus upon the motion that is on the table all right, so councilmember moore. You wanted to make some um modifications to your emotion and you're seeking commentary.

C

uh So is this something that we really necessarily need to do at this point from the perspective of your motion, or can we essentially say let's um go ahead and put this on for a vote, because I don't know precisely how long that this is going to take in terms of a deliberative process that seems to you know not really have a finite end. If the movement uh is making some modifications that could have been made from the original motion itself,.

E

C

Yes, please: okay,.

E

Okay, so at issue is that when I tallied up the um the the grant amount, there's no rule that says it.

C

Needs to be this amount of money.

E

Well that the I'm trying to stick towards the policy that we have, which is the range of 70 to 90 000. So when I added it up, it ended up below that and I thought well. Perhaps there are other other potential grantees on the list that we could add and put it into the range and uh and feel as though I'm following the policy that we're following the policy amount. And so that's that's.

E

What I'm thinking there, okay and and also after hearing the west valley community services uh for the the gift of hope that that putting the ten thousand in there puts the numbers squarely in so you're. Looking at the palisados calico challenge chinese american coalition for compassionate care and the west valley, community services, gift of hope. Added on to um the the original grouping.

C

E

C

Young zine in there do you.

E

C

Okay right all right, let me let me ask vice mayor ciao vice mayor chow. Are you willing to make that the um I.

J

Need to ask my question: first, okay,.

C

Please proceed.

J

Okay, first for yang zing from the program description, it's unclear if the program is free or not, I found their website.

J

The three-week program they have is cost five hundred dollars, even though they do provide need-based assistance, but the program description says that they will use the funding to develop pay teachers to develop the program which I think they have probably or have already developed.

J

So if we fund them and we don't found things boost, we are not founding someone because they are more honest. I don't feel comfortable with that and I think we are trying to stick to the intent of the grant. The reason is many: other organizations could have applied, but they did not because they think they don't qualify and whenever we open it up and relax our rule. We are again.

H

J

Giving way to someone who are not following the rule, I don't feel comf. I don't think that's fair to the people who self-select not to apply because they don't think they qualify as an event for it.

C

Let me refer this question another question. I want to cut you off there because I, I don't think it's appropriate having gone through a parks and rec commission uh vetting process to be insinuating that a particular grant applicant is not following the rules or or making misrepresentations.

C

So so so rochelle, do you have a commentary as to that and how this particular applicant was vetted? Are they are they making any misrepresentations based upon the application and the vetting process? There.

G

So originally they were one of the applications that was put under the the parks and rec commission had to decide because our policy states that they can charge. However, it's up to the parks and recreation commission.

G

However, within the perks and recreation meeting, the young zine um stated that they will no longer be using their funding for that they will be using it as scholarships for the kids, so they will be using it toward the children not paying toward their program.

C

Okay, and is that now reflective of the website that vice mayor chao is pointing out.

G

um She's actually pointing out their application, and that is their original application, so when, if they are funded, their agreement will show that it is not for. It is for the scholarship purpose.

H

J

That's good to know, and that's actually something I expressed an interest to fund the last year. However, this very good use of ct fund is not within the current grant community grant guideline either.

J

So last year, when I expressed that we said okay, we will form a subcommittee to look at funding additional things like this, providing assistance for so kids who couldn't normally afford the summer camp, but can afford them. But that particular thing then, does not fall under the current guideline, because the event should be open to all and this event is not free and open to everyone.

J

So, although I think that something definitely, I already said, I would like to fund, but we couldn't last year because also the same thing and another question, I have the regarding the compassionate care.

J

That sounds like a really interesting problem, and but the parks and rec did not recommend to fund them, and I find out that here is compassionate care, and this is a thank you for this wonderful table. That's all the funding that we have provided for different organizations over the years. In this particular organization.

J

We have given them funding in 2021, 6000, 12 1021, and now they are requesting more, and so I wonder the reason they are not children is it. Do we have any concern about the program they have provided uh before.

C

All right: okay, let's go ahead and go back to staff at this point. um You know we're uh okay, rochelle! Do you have any comments on that.

G

Yes, so I don't have any parks and rec commissioners here tonight, but um during the meeting there was a thought that they wanted to try to fund more organizations that hadn't been funded year after year after year, um so that kind of was more of the direction they took this year.

J

I see so there is no specific concern about this particular program. That's good to know so.

J

Okay, I'm done.

C

For that yeah, the question on the table vice mayor ciao, is whether you were willing to entertain a modification as the second order of emotion uh which would have added that organization for compassionate care, as well as the say, those families.

J

And leaning towards not funding young zing but adding uh comes west valley, community services, back which I agree with council member more on the compassionate care. I think they are providing essential services we need during the pandemic, even though we are funding them continuously. I'm lying with that.

J

C

I will I will say this: I would support adding young zine uh to their in my preparation for the mayor's cup. um I did take a couple of meetings with that organization and to me it seemed quite worthy what they were doing um so so so I mean for whatever that's worth in terms of the palisados foundation.

C

I I don't really have as strong a familiarity with it. It gives me a little bit of pause that it's fairly low in the parks and rec ranking, and so that's that's my concern there. um So I see a nod from councilmember moore. So so can we maybe um can we maybe do that then at west valley, community services back at young zine and then add chinese american coalition for compassionate care to the as the motion is that workable?

C

J

Would not, I would not um found the young thing because they don't qualify on either the original purpose or the modified purpose under the current guideline, if we fund them like, I said it's unfair to the people who did not apply for um an assistance to underprivileged privileged children and many summer, programs would have applied for that, and they did not, and it's not really fair for them.

C

J

Mean it's a wealth, it's a great program and, like I said they can apply for valley water grant, and uh I this has nothing to do with the fact.

C

That, let's not repeat our reasons I will I will proceed to that. That's fine, councilmember moore! Are you okay with um and michelle, if you could, let's just deliberate now, so I appreciate your your enthusiasm about this, but let's, let's just leave the council this time. Councilman moore. Are you okay with just adding west valley community services, as well as the chinese american coalition for fashion care at this time to your motion.

E

um Yes, and, and just for clarity's sake- is that if I just read them really quickly,.

C

um Yes, please go ahead.

E

Okay, so we have west valley, community services at ten thousand, will women, sv, 20, 000 senior services, heart of the valley, six thousand one hundred sixty dollars and forty six cents, american cancer society relay for life, six thousand omniware networks, two thousand buddhist sushi medical foundation; eight thousand three hundred breathe california of the bay area, four thousand and the chinese american coalition for compassionate care at thirteen thousand.

C

Yes, that's correct um and uh vice mayor: can you confirm that as the.

J

Second, oh second, thank you.

C

Okay, so at this point I'm going to go ahead and call in council member willie and then let's take a vote, uh councilmember willie, your comments.

L

I think that might have just uh so uh is young zing? Not there then.

C

Young zine is not there. No.

L

And fuhsd is not there.

C

If your hsd is not there, no.

L

So can't councilman way or participate since fuhsd is not there.

C

No based upon the advice from council, because it's a limited plot um and fuhsd is part of the consideration. uh The recusal recommendation was to recuse entirely for a council member way for the system.

L

So, okay, what I was going to do is I thought I was prepared to make a substitute motion, which is the staff recommendation plus yong zine. um But since councilman moore's motion now picked back up uh well, I'm still going to do that because let's go so yeah, I'm going to uh move the council, the uh staff's recommendation and I'll leave it at that and now, if somebody wanted to bring something else into it, I'm good with it. But I would move the staff recommendation or the parks and recreation.

C

Commission recommended.

L

C

Yeah, okay! Well then, let's do this um I'll see if there's a second for your substitute motion. Is there a second for council member we'll leave such too much customer? Really, I don't see a hand raised, and so the original motion stands. uh Do you have any further commentary on that motion.

L

uh No, that's what I was hoping to find out if there was a support, so thank you well,.

C

Thank you for uh for for for bringing that and uh making the attempt. um We will go ahead and conduct a roll call vote on the motion that is on the table and so madame city clerk. If you could conduct that role call vote, let's.

D

Remember more hi councilmember way all right. I apologize uh council member willie hi.

H

D

Mayor ciao, hi mayor paul.

C

D

Motion carries with way recused.

C

Okay, thank you very much, madam city clerk and so um we're on to the next item on our agenda um and so for that I'll go ahead and bring back council councilmember way, we'll go to the storm water fees, and so we did not.

C

We did not actually have a presentation on that. That's item 39 and so for this item. We will be taking public input after the staff presentation, and so uh let me take a brief look as to where our contemplated- uh I don't see. I don't see a um a presenter here and so I'll refer to our uh city manager. uh Jim troop, I mean I imagine it's probably either um director morley or or perhaps chad, mosley but uh uh city manager. Did you want to yeah.

M

Thank you, mayor actually ursula is here so ursula.

C

Great hey, ursula, how you doing uh welcome and uh item 39 again is to consider the approval to renew with no increase the 1992 storm drain fee and the 2019 clean water and storm protection fee. So welcome uh ursula. Take it away.

B

Thank you. I will go ahead and share my fairly short presentation here. Hopefully that is visible to you now.

B

Alrighty good evening, honorable mayor and council, I am ursula sirova environmental programs manager. The city has two property-based fees in place to support compliance with the municipal regional permit as regulated by the california regional water control board and to support storm protection infrastructure work on our storm drain system. These fees require an annual renewal process in advance of the county, assessing the fee on individual properties via property, tax bills or direct billed by the city. My presentation should take just about six minutes.

B

So the applicable rate for the 1992 storm drainage fee are, as shown here, certain entities are exempt from this fee, such as the city itself, the county, the fire district and schools.

B

Here are the current rates for the 2019, clean water and storm protection fee, which is sensitive to land area and land use commensurate to the cost to provide the service. This fee is applicable to all properties, including school district lands and city-owned parcels that are exempt from the 1992 fee. Council has the option to increase the clean water and storm protection fee at cpi with a three percent cap. If actual program, expenditures, increase or fund balance is insufficient to cover shortfall.

B

We recommend renewal of this fee with no increase for fiscal year. 2223.

B

Here are just a few examples of the preventative, responsive and educational activities funded by our two fees, which ensure our compliance with the stormwater permit to prevent pollution to our creeks and bay and maintain our storm drain system.

B

uh 1992 fees remain the same each year and while the clean water fee does allow for an annual increase up to three percent uh staff is not recommending any increase to the clean water fee for 2223, while expenses for fiscal use, 2223 are expected to be above the revenues. There is an eligible balance in the environmental management, clean creek special revenue fund fund 230 to cover the difference.

B

The current balance of this fund accumulated as the city transitioned from storm drain, maintenance costs being funded by the general fund to being funded by the clean water fee, as well as lower expenditures during covid and then coming in under budget on expenses, as it is not intended for this fund to carry a significant balance. The use of this balance to pay for expenses that have exceeded revenues is appropriate.

B

Expenses are forecasted to continue to exceed revenues, and if this does occur in a future year, we may recommend an increase to the clean water fee. Up to the 3 cpi limit, as is allowed one potential area for increased expense, is what will be required to continue meeting the requirements of our municipal regional permit. A new five-year permit was adopted in may and will be effective july 1st of this year with certain requirements phased in for 2023.

B

Several new and expanded requirements will take additional staff time coordination and investment in green stormwater infrastructure.

B

This view makes it easier to see at a glance the changes to the provisions in the new permit.

B

And then we want to touch on the annual budget for stormwater pollution prevention. Storm drainage infrastructure program includes money for several rainwater capture rebates and a cost share program for low-income residents. The rebate programs each have a first come first serve maximum budget of 12 500..

B

That could mean, for example, rebates for up to 37 projects that incorporated both a rain garden and a rain barrel and close to seven driveway projects at the maximum rebate.

B

Participation in the rebate programs has not been as high as we would like, despite outreach through valley, water and the climate victory gardens program, palo alto, which has similar programs to ours, also reports low participation for these types of projects. We will continue to promote these programs regarding permeable pavement. Installation council did increase the maximum rebate amount last year from 900 to 1800, to accommodate larger pavement projects, and in the past year one project applied for the rebate and received over fourteen hundred dollars.

B

The cost share program is available to low-income property owners. 231 people have already qualified for this and now see a reduced fee on their property tax bills, but more residents are likely eligible to receive the fee reduction. So we will continue to reach out to those who may qualify the nonpoint source program and storm drain maintenance. Revenues and expenses are annually audited during the regular external audit.

B

Additionally, we worked with finance staff to establish a new agreed-upon procedures audit so that a full calendar year of expenses and revenues will be audited prior to bringing this item to council each year the 2020 audit was completed, but the 2021 audit has not been finalized yet so both 2021 and 2022 are expected to be reviewed by the audit committee before we appear at council in 2023 for the next renewal cycle.

B

Here are the recommended actions for tonight, which are to renew both fees at no increase.

B

And that concludes my presentation. I leave you with this detail from a poster created by cupertino ninth grade student jessica, quandu, a winner of the recent santa clara valley, urban runoff pollution prevention program, earth day poster contest. I am happy to answer any questions that council or the public may have.

C

Hey thanks very much ursula. Let's go on to our members of the public now to see. If there are any comments on this, this is again item number 39. uh Item number 39 uh has to do with a storm drainage fee and there's a recommendation of no increase. I don't see any hands raised from the public here, but as we're waiting for that possibility, let me just let people know that you'll be provided three minutes to speak and within the time allocated for the first person to speak.

C

You'll need to have your hand raised in order to be recognized to speak on this item, and then you can also consolidate your time if you like up two minutes per person up to a total amount of 10 minutes. If you consolidate your time, you don't have uh the the time for yourself individually, but you can uh have more time for one single person.

C

um I don't see any hands raised at this point, um but the the final way to make commentary would be to email uh in this context, city clerk at cupertino.org, but apparently we don't have the the hands raised at this point. So, let's, let's take this back to our city council um for deliberation. Are there any questions? First of all of counsel of the present uh presenter of the presentation, uh councilman moore, your your hand is raised. uh Did you want to ask a question or perhaps um put forward a motion on this.

E

uh Well, question: first before I go with the recommended action, um so I'm looking at the budget and there's three special revenue funds that relate to to storm drains. We have a storm drain improvement, that's the 210 fund and it's a beginning fund balance looks like 2.4 million projected beginning fund balance for this year, 368 000. Then we have fund 215 the storm drain ab1600 fund.

E

I could not find a description of it, so I'm wondering what that one is for and that's showing about 1.7 million and and with some projected revenues.

E

That's the one I'm really curious about, and then we have this fund 230, the environmental, environmental management, clean, creek, storm drain special revenue fund. I'm wondering, if is, is any amount of this funding within this fund able to be used towards uh storm drain improvements at all and then uh are should these? Should these funds all remain separate um and and and as I said, what is the? What is the purpose of the ab 1600 storm drain fund? If so, it's kind of maybe um uh someone from finance could answer that question too.

E

So I I was. It was a little confusing seeing these three funds and what their purpose was. Okay,.

C

Thank you very much. We have a handwritten from our city manager. Jim did you want to speak to councilmember moore's question in the comments.

M

Yeah I'm doing one and christina and thomas are looking at the other ones. Real, quick I'll just see. Excuse me that ab-1600 one would be related.

M

So when we have to expand the storm drain system for any new, you know if there's a housing system going in or buildings going in something that expands the need. That's what that one would be used for. um I don't know if christina has the other one or not.

E

Okay and that and then through the mayor, that's where it's a little confusing, because 210 is called the storm storm drain improvement. um So that- and I I realize we've had- uh we have new people coming on board and- and I'm asking kind of detailed questions about this. So it may be that uh we can get the answer offline, but I I'm just wondering if what exactly if we could just have a kind of a refresher on this uh fund 230? What it's particular purpose is I'm wondering if we might have some overlap.

M

Yeah, if we can't, we don't have it now. We can definitely get it for you. um I have not memorized all the funds yet christina said she's. Looking it up right now, okay,.

C

Okay, so I'll remind everyone that the recommended action again is to set the fees static, and that would be the consideration of the adoption approval of resolution 22-068, which is attachment a to the item approving the renewal and collection of the 1992 storm green drain fee, with no increases and rates for fiscal year, 22 to 23 upcoming, starting on july 1st, and then resolution number 22-069, which is attachment b to the item in our agenda, approving the renewal and collection of the 2019 clean water and storm protection fee with no increases in rates for the fiscal year upcoming 22 to 23, starting on july 1st, so um councilman moore, you had indicated that you would uh move the recommended action.

C

Are you still inclined to do so.

E

I I'd still like to hear a little bit of my muted. No, I still like to hear a little bit about what the purpose of this particular fund is. um It's it's not it's. It's not particularly clear to me. um So it's not it. Doesn't it it's for I'm hearing education, but.

C

Well, I'm sorry what what what particularly you're, not talking about the fun that were that.

E

The point that were that we're holding the fees static for so, if could we see the slide? That explains what the fee purpose is for. um I think that that would help just so I just so. I can keep it clear uh when I'm asking my questions about the other two funds moving forward.

C

Okay, this is this is not. This is not exclusively for education. If it's, if it's that it is, it is to fund the infrastructure, uh that's needed to be maintained or built out, but ursula.

N

C

And I'm not really clear, counseling more on what your question specifically pertains to, but the two resolutions um that are under the recommended action have to do with the 1992 storm drain fee and the 2019 clean water and storm protection fee um and so correct.

E

And I'm looking at the mayor paul. Thank you. I'm looking at the the municipal code, which was which was approved, and I just wanted someone point me to the section in this code, which tells me what the where the fee, uh what what the fee is going to be used for in particular, um because I'm not for some reason, I'm not able to to grab it really quickly. And when I went through the agenda packet, it was not very clear and I so when I asked the questions about the other two fees.

E

I want to make sure that we don't have overlapping purposes of these fees.

B

Sure I mean I can speak a little bit to fund 230, which is where I the umbrella, that I dwell under.

H

F

B

Is about complying with our municipal regional stormwater permit, which is under the clean water act, so it does cover a variety of activities.

B

Education is part of it, but also we do proactive inspections of over 130 businesses every year to make sure that the back of house has no potential discharges to the storm water. We respond whenever an illicit discharge happens, we go out and make sure that's all cleaned up properly, including clean out of the laterals, and you know other parts of the system.

B

Every time a water purveyor has a leak, we make sure that they suck all the sediment back out of our system again and it with the 2019 fee. There was some added scope, I would say, to help maintain our infrastructure.

B

So there's potentially you know some overlap of potential uses, but I'm just not familiar enough with with 210 and 215 just to speak to that. But our 230 is really about the municipal regional, permit, compliance.

E

It's through the mayor.

C

Yes, go ahead castle more and uh I'm sorry did I hear somebody else looking to spread.

K

Christmas yeah, I'm sorry, I should have raised my hand. I could just add to that answer, though, so the I mean the purposes of the fees are listed in chapter 336 with 338 subs in this chapter, 338 of the musical code there is there is, I think you know if you look at those purposes it will. uh You know I think you'll conclude that there's some overlap. That's um you know likely due to historical reasons, with the change in law as to how these fees are assessed.

K

um You know without looking at too much of the detail, and so I think that probably explains why they're two separate fees that do similar things.

E

um Through the mayor is there, is there some way, um or is it already being accounted for uh to ensure that or does it matter? Is it relevant uh how the um the golf course is is fertilized if it's uh using fertilizers, which could drain into the creek and cause environmental damage or or not in this could could this fee be also uh used to help um essentially help with any additional costs that could be incurred?

E

Making a switch to more environmentally friendly fertilizers, for instance, is that something it would cover.

B

We do track all pesticide use in the city. We get reports from all the applicators. We encourage ipm, uh integrated pest management techniques and we're actually working on a you know, a plan for the corridor, specifically along stevens creek, to really drill down more into that issue of what's appropriate to use. But we are, you know using good management practices and the the golf course in particular uh takes takes good care in that realm.

B

uh From my understanding and talking with the applicator who's who's in charge out, there.

C

Yeah, no, I mean it's it's a reasonable comment. I mean you know we could go pretty far afield on all of this, but at the end of the day, this is about whether we hold the fee uh steady or we increase it. um You know, and so uh it's not within our purview, to cancel the fee, so I mean or to diminish it. So um I I would like to ask for you know I will say I can go far afield too.

C

You know ursula, and I were you know, talking offline over email about you know tires and the fact that you know basically plastics are coming out off of tires and really they're really quite an appreciable uh issue, and that, of course, would implicate storm drainage as well. But you know with all respect and the interest of time, let's just try to figure out whether we want to raise these. You know fees or hold them steady.

C

I would like to hold them steady, so if no one is going to bring that motion, I will go ahead and set that motion forward and ask for a second at that point uh at this point rather uh council. Member moore, would you like to second the default motion that is on the table.

E

Yes, second, it, uh but one of the things that.

C

Councilmember moore, let me give council another council number a chance to speak at this point. Council and I'll come back to you, council member um willie. Did you want to speak uh to this default motion.

L

uh I was just going to second your default motion. No.

C

Other comment all right: I appreciate that council or more uh you have before yet.

E

uh Simply that I think we need to have staff uh review, the storm drain, improvement, special revenue fund, 210, 215 and and then 2 30 and perhaps see if there is some overlap. That needs to be.

E

Changed and then let us know what the um the definitions of each of these funds, how they, how they were created, what they're for because there's a considerable amount of money sitting in the storm drain ab1600 fund, and we might have some projects that that should be using it up. Thank you.

C

Okay, thank you, councilman moore um yeah, and I will say that you know these these just ramify to a lot of facets. I mean you know in the last drought we actually um didn't have much use for the um well. I would say in in the prior drought to what we're experiencing right now, a lot of the detritus kind of accumulated and uh what we were finding was that there was a lot of backups from our storm drainage system and uh people around the city.

C

Once the water came back, you know one season we're experiencing uh significant amounts of.

C

uh You know water flooding in in some parts of the city, and so what ended up happening was that that year we actually spent quite a bit of money to kind of clean out the drains um and and that kind of uh gave us a little bit of more awareness of the need for funding to maintain that, even in times of uh when there's no water and we're not noticing you know the flow issues, and so I I think that basically kicked off some consideration about trying to find additional funding.

C

But you know to your point: councilmember moore. I think it is a good idea to constantly be looking at. You know the various sources of funding and whether we're using them optimally, um but you know again at the end of the day, this is about whether we hold this. You know a rate steady and uh I'm very appreciative of the motion. That's on the table, because when we passed this in 2019 or at least place it on the ballot um or the mail ballot, I should say um you know.

C

I said as long as I'm on council. I will not be voting for any increases, and so I'm glad to be able to make good on that commitment. So um if, if this passes, of course, or at least you know even if it doesn't pass- and we have another motion- I'm going to be voting against it. If it, if it's an increase uh in the event, um I don't see any further uh hands raised, and so, madam city clerk, could you please conduct a roll call vote on the motion on the table.

D

Let's move over more all right, spousal member way: hi council member willie hi vice mayor, ciao, hi, mayor paul.

C

D

Carries nano asleep.

C

All right great um so we're at 9 30 right now we started around 6 30 with closed session. So let's um let's go ahead and take a a brief break. uh We'll come back at 9 38 and get into the work plan item which was originally consent. Calendar item number 14 that was pulled and brought forward to uh this evening, and so uh we'll see you in a few minutes. Thanks.

C

C

C

14 and the subject was a final priority, ranking of our adopted fiscal year 22-23 again, starting on july 1st city work program. um The recommended action was to receive the final priority, ranking of the adopted fiscal year, 2022-23 uh city work program and so um jim. Who is providing this uh presentation for item 14.? Thank you.

M

Mayor, um actually, we have asked robles she's, stepping in and stepping up to help us out and she.

N

M

Also worked together on this throughout the whole process, so she's very well versed on it.

C

Okay, great to hear it welcome astrid thanks.

O

Great uh good evening, honorable mayor and council members, um in summary, um I'm here to discuss the consent item today on the city work program. So this item was brought to council on may 17th, and this item was actually adopted with modifications and then requested to be reprioritized one last time with all the 38 items that were adopted that day and so attached in the packet was attachment. A council member's ratings were compiled into that attachment, and I have it here which I can share earlier today.

O

I got a request to modify the attachment to include council member names, so I can go ahead and share that with your permission, mayor um right now to show the attachment here.

O

I'm going to go ahead and share.

H

C

Oh, thank you. Thank you very much astrid. Thank you, jim. So um a little bit of context on this one. um When we had come out with a work program, um former rankings and the ratings uh staff had taken it upon themselves to anonymize the council member rankings and I wasn't sure whether they were further. You know kind of randomly scattered in terms of like you know.

C

If council member one was a consistent council member, for instance, um but we did have a member of the public ask for the identities of the council members, one through five, and so you know I was unaware of anybody who had asked you know for anonymization from uh from from council, and so I did respond back to the member of the public, and um you know I ccr city manager- and it really did seem like this- was not uh driven by anybody on council in terms of the identities so um yeah so so astrid.

C

It looks like you have a new uh document there and so.

O

And uh yes, I do have this attachment here and I can. Oh, I'm also planning on emailing this to the city clerks, so it could be posted as a written communication, so it can be viewable by the public.

C

Okay sounds good, so so, basically, if I'm not mistaken, you've basically kept the columns all the same yeah.

O

P

Was good number two was vice versa,.

O

Yes and everyone.

C

Else was alphabetical or, according to last name, right, correct.

O

Yeah and if I scroll you'll, see the columns stay the same throughout.

C

But so there wasn't like some kind of mysterious magic about this. Oh.

O

No yeah the attachment, the original attachment a- and this are completely identical, with the exception of the names.

C

All right, uh yeah now take your presentation away. So is your presentation basically.

H

C

The the the the table- that's there, I mean because that's pretty exactly.

O

Yeah, so this item was originally kind of just put on consent in order to show what the final ranking was of the 38 items, and so this is kind of what it. What it is is just the the final ranking of the items that were adopted.

C

I see I see okay. Well, um that's what was on our consent calendar and uh this has been released public since last thursday. uh So it's it's been out there. For a week we had it on consent, 14, as you indicated, um it was pulled from consent, calendar and so um esther did you want to go over the the items I mean you know scrolling through. I think it will probably take a few minutes.

C

You know just to read, um you know all the items through so so so I mean if you're, okay with it I'll, basically refer this to everyone's. You know uh material that that is accessible uh through the agenda and then um we'll take public comment and then bring it back to council for any uh follow-up questions or comments, um but.

P

C

Look like there is a motion requested here or actually.

O

C

Just receiving correct so.

O

So so here um I wanted to keep it simple and make it easy to read, and so we have the project, tasks and objectives here. I also included um the old priority numbers just to see the change throughout, so you that could be viewed right here. On the left side column most of the items tended to stay the same.

O

There were some changes during the final prioritization, but all of these items were adopted in the final work program. So would you like me to just scroll.

C

uh I think that would be fine yeah. If you don't want to um kind of explicate each each one by title. That's fine! Just just scroll, you know, maybe a couple few seconds per page.

O

I would also just note, um I think we mentioned at the last meeting, but any items with the same rating were just tied, so the number just continues um because they have the same priority.

A

C

Yeah I mean you: can you can scroll a little bit faster, great.

O

Yeah and again this will be posted um as a written communication.

C

Yeah I mean it's, it's posted right. I mean this is um just to kind of reiterate it. It's um on the on the full agenda packet from tuesday, the 7th uh that's 1517 page packet, and it starts on page 452 and, I believe, goes to page 463, so yeah, so it looks like you're almost there. Okay, um let's do this, let's go to our members of the public with any comments and then we'll take it back to council. So I'm not.

C

Actually there is one josh silo has a hand raised, and so I remind our members of the public you'll have three minutes to provide public comment. You also have the ability to pull your time. Each person within the pool can allocate two minutes that gives up your individual time up to a total of 10 minutes and while the first person is speaking, please have your hand raised in order to be called on for this item.

C

And then, if you want to um email your comments in to be read up to three minutes into the record by the city clerk, you can do so during the time the first person is speaking, and that would be to city clerk. All one word at cupertino.org, so it is still just josh with the hand, race and so josh welcome. You'll have three minutes to speak.

N

All right, can you hear me mayor paul.

C

Yes, uh yes, we can. Thank you.

N

Thank you so much mayor paul, uh it's good to be with you uh vice mayor, ciao and council members more way and willie, um I'm here to speak on behalf of the homeless jobs program and to thank you for your continued support and prioritization of this program, hopefully into a second year. I wanted to share a testimonial from one of the clients who participated in the program this year, so you can hear about the impact that the program has had on her and her family's life. So she said that she she and she wrote this.

N

So I'm reading her words. She got into the program she returned to full employment. She's now received rapid rehousing. So she has a house and she's been reunited with her children, which are now living with her in her home. They were not living with her before she participated in the program and she says the program has helped me: learn new life skills and how to be more responsible.

N

I have a lot to learn when it comes to my finances. However, I signed up to take a financial workshop in july. I'm truly grateful to be housed and not having to worry where I'm going to sleep. I'm also grateful that I'm going to be working with jobtrain and continue to work on developing my employment skills building on my previous employment skills. So I can maintain my housing if it wasn't for this program, I don't know where I would be.

N

Thank you very much, and I just want you all to know this is the kind of support that you make possible with this type of program. uh So I want to thank the investment that the city of cupertino has made in the homeless jobs program and I'm hoping to see it continue into another year. Thank you all. So much.

C

Thank you josh much appreciated, and so we will go back to uh actually our city clerk. At this point, madam said, clerk did anyone email you during that time allocated for public comment.

D

No mayor, I have received no emails.

C

Okay and let's go ahead and bring it back to council, I see hands raised from council members, moore and willie. So let's start with any clarifying questions and before we go into commentary, I will ask for um actually there's there's no motion requested, but we can go ahead and move to uh accept the the report as well. If we want to put that on the table. um But let's uh let's go for clarifying questions of the presentation at this point. Tell us a little bit more.

E

Okay, well I'll do this as a clarifying question, so I notice we have cip items um on on this ranking and then we also in in tonight's agenda. We have another ranking the cip um programs, which overlap the the ranking that that we have in in this um uh city work program um item.

E

So I'm I'm wondering what I noticed about the rankings that we have here is that number seven was the seismic retrofit and upgrade so I just wanna and I'm not sure how to point this out, but but in our this, when we ranked cips that that one really fell fell uh to the very low on the list, so I want just one point that out but uh do other cities. This is kind of a question for staff.

E

Do are do other cities um combine their cip items into their city work program because normally what I'm seeing? um If I go, look at what sunnyvale has for their budget? I'm seeing this like an operational budget and then I'm seeing the cip budget um and they're separate, and then I'm also wondering what are the rules around um when each has to be approved.

E

um So if I could hear some information about that be helpful,.

C

Great it looks like jim is uh waiting and we also have our director of pub works, matt marley, so so jim. Why don't we start with you.

M

Okay, um I didn't see that pop up there, but I'm just gonna say so. This is my first city where we have what we're calling the city work plan. I've always been. It's either been the operational budget plus a cip budget and they're off they're adopted at the same time, but not the same product. If you, if that makes sense, you know you have the budget, then you have the cip. The cip, then becomes part whatever is approved, becomes part of the budget.

M

This case with the city work plan 2 that could also be in a sense adopted by itself, just like the cip, could be adopted by itself, but eventually, whatever is adopted, needs to be blended into the full budget. You know at the end of the day, um man, I don't know if you have when I have anything.

Q

Thank you very much yeah, so the my experience in my previous organization was that uh there were tended to be a number of items that were cip that ended up on the work program um and it really it sort of adds emphasis to those items being important to the council.

Q

um It it just means a little bit of tracking in two locations. I think moving them forward is is still functional and something that we that we can do uh so. If it helps the council to be able to provide that emphasis, then it's something that I think that staff can accommodate. Really a council decision.

C

Yeah and that's that's- that's a good way of ending it frankly, uh director, morally, so so council decision, um you know, even if we have a work program uh out there and it's adopted and correct me if I'm wrong.

C

If there are any particular items like we all agree that item number, I'm just going to pick a random number from 1 through 38 that item number 33. I don't know what it is uh it just shouldn't be budgeted. Then we don't budget it I mean. That's that's within our purview. This is not some kind of you know etched in stone requirement.

C

um You know this receipt of the work plan um because it's actually a fairly. You know, at least from our currency manager's experience. I have no reason to think that it's not typically a a novel thing that you know we go through in order to kind of um reach out to our public and all the commissions and committees and try to figure out. You know what are priorities for our our city uh in terms of working on. You know, potential items that come from you know essentially the public over the course of the year.

C

So we're not, I don't see in any way shape or form bound to these 38 items. Nor do I think, even if we were trying to you, know represent that that we were uh that staff would get all 38 items done or even addressed over the course of the fiscal year. So I I think that this you know, take it with a grain of salt. It is a good document.

C

It is a well-formed document, but it is not something that absolutely absolutely binds us to uh how we proceed going forward and without putting too fine a point on it. We have a budget that we're considering you know. Hopefully you know dealing with an approval of some kind later this evening.

C

It is something if something doesn't get funded. Then. Obviously, it's not going to going to proceed, so I would say, take the work plan process for what it has been. uh You can examine the rankings as they are, but but not to get too lost in the weeds of how these rankings are are represented. um Without you know, kind of um putting any kind of qualitative. You know kind of kind of idea on it. As as staff pointed out, you know we agreed to process. This is the ranking, we're not re-ranking at this point.

C

This is just the receipt of a document. So so again you know let this inform and notify um how you're proceeding, um but it's not something that even if it's like you know, within the top ten or top five that we absolutely have to you know, set forth as part of the budget, which is really where um you know, if you'll pardon the expression where the rubber meets the road um in terms of how things go forward in this next fiscal year. So, um okay, so councilman moore's hand is uh not raised anymore.

C

So let me go to council member willie at this point. Who does it hand raised sure.

L

Great thank you mayor uh first number one shout out to josh giving us some feedback good, better and different. That's what we want to find out hearing your awesome feedback it to me. It's just uh wonderful to hear.

L

I would say that uh at the library expansion uh opening bonaifer, who is part of the uh uh west valley, community services, assistance on this jobs program said that actually sunnyvale had reached out to her to find out how this program is being done. So here we are possibly helping to to put the word out and get other programs going, because we do see a huge need out there. Okay,.

L

I'll start with uh a question for the city manager, so there's 35 items, I I really tried hard to keep it to 35, so I actually didn't put any uh numbers on ones that I felt you know went beyond the uh city staff's ability. Are you comfortable with the 35 items or do you feel staff is taxed over taxed? You know, how do you feel no.

M

Question, thank you. You know the mayor through there to council member really, um you know we. What we do in between is we I get with the staff, all the department, heads and everybody. That's this. um It is going to be a lot of work, but I do ask them to be realistic on what their accomplishments they think we can do throughout the year. So um this is what we think we can get done. You know there might be some hiccups along the way, but we think we can get through this.

L

Great so now a uh a positive comment uh for our public works director matt that he's coming from a place where items were put on the work plan for city council to be able to track the history that I experienced here is that if it wasn't on the work plan item then city, the previous city manager, said no staff has no time to give you updates, and yet these are important items. This work plan that we feel are uh answering the calls to our community.

L

So that being said, that's how some of these got on there. um You know like the seismic upgrade. So if staff could jump to the seismic upper grade, I think councilman moore said it was number seven if they could uh throw that up there, so that we can read the description.

L

um So I'm glad that the description I think now reflects our intent. We're uh number seven you're, not quite there, yet the seismic upgrade for.

Q

It's on page two.

L

For city hall,.

Q

Up a little bit more.

L

There you go, and so it says seismic retrofit and upgrade to existing city hall formally uh investigate alternatives to city hall. So by putting it on the work plan, I I the intent was. I truly hope that we could help get from point a to point b, with b being the city council's uh desire and quarterly updates.

L

I think you will be asking for an update on this um and so to me, although it's primarily a cip project, that's where the the bulk of the money perhaps would come from, although I believe it's requested the 500k here as long as it's not doubly funded, and so I'm happy with what we're seeing here when we get to the cip I'll make some more comments about additional cip items that I think belong connected with this and that's the uh parking uh analysis at uh the city hall city, uh community center and the uh there's one other one so I'll bring those up.

L

But I'm happy with this city manager thinks his staff is up to the uh task. Great, no, no further comments. Thank you.

C

Okay, folks, thanks very much uh thank you. Councilmember wooly, and you know what I would suggest at this time, uh since we have a couple hours left before midnight that we move on to the cip and the budget, because, ultimately, at the end of the day, uh what we fund is what will be uh financially supported, going forward for the upcoming fiscal year. So uh thank you for your comments.

C

Councilmember willie, uh thank you for your presentation um astrid and, um to uh you know all of the the staff that work together to you know bring this forward. um We we don't have within our purview the ability to change this, uh and so we have a document um and uh let's go on to item number. um I believe it was someone helped me out here it wasn't 39. That was the last one. I think it was 37. Is that right or was it 38 38.

D

C

I'm 38 okay, so um that that report having been received, um I don't see uh further hands raised. Let's go on to item 38 and um item 38 I'll, go ahead and read the the title of it, although I won't read all the various items because of course this comprises the entirety of our budget with the recommended action.

C

So the subject is a public hearing to consider the capital, improvement program or cip, consider supplemental information for the capital improvements program and to consider the recommended budget for fiscal year 22 to 23, starting on july 1st, a little less than a month. From now adoption of the fiscal year 22 to 23 establishment, I should say adoption of the budget for fiscal year 22-23 rather establishment of the appropriation limit and related actions, and so let me refer this to our city manager.

C

uh Jim welcome to uh your uh very first combined cip and budget item uh been great to have you from this last almost half year here, and so uh why? Don't you kick us off on item 38 here: hey.

M

Thank you mayor and the council. Yes, first one bring it on home, as they say,.

H

I'm going to go ahead and turn.

Q

M

To our finance staff, who has done a great job, making sure everything picks and ties and gets us to the point so looks like I see thomas up there, so thomas go ahead and take that away.

P

Thank you. Thank you jim good evening, honorable mayor and city council today.

H

I'll be presenting.

P

The fiscal year 2223 final budget adoption presentation.

P

So today, we'll be discussing the changes, since the proposed budget was printed on, may 1st, as well as next steps, department, directors and their staff are available to answer any questions that you may have.

P

So this slide shows all the components that are incorporated into the proposed budget. So over the past few months, the city council has held meetings and study sessions to review and provide direction to staff on the city award program, the capital, improvement program or cip community funding, as well as a proposed budget and so city council's direction. From these meetings and study sessions are then incorporated into the budget that you're seeing today.

P

So on this slide, we have a summary of the proposed budget of changes to the proposed budget, since it was printed on may 1st, so the printed proposed budget on may 1st recommended expenses of 125.5 million. Since then, it's been increased by 0.8 million due to operating changes. Operating changes refer to items that were unknown when the proposed budget was printed and then also due to the timing of the city, work, program and capital improvement program.

P

They were also incorporated after the proposed budget was printed so the city work program, projects and transfers are increasing the budget by 800 000 and the city, capital improvement program and transfers are increasing the budget by 3.5 million leading to a proposed budget. As of june 9 of 130.6 million, and on this slide we can see these changes by fun type and I'll. Just mention that the city work program total includes 107 500 in transfers and the capital improvement program total as well includes transfers of 23 600.

P

And on this slide we have the revenues, expenditures and fund balance by fund general fund expenditures, are 95.2 million, funded by revenues of 94.7 million and fund balance about 500 000 total expenditures for all funds are 130.6 million, funded by revenues of 130.2 million and 361 000 in fund balance.

P

Now I'll go into more detail on the changes, so this slide shows operating changes. The assistant city manager and legislative aid positions were added by a city council motion at the proposed budget study session.

P

The legislative aid classification doesn't currently exist in the city's classification plan, so it was costed at a management analyst level based on information to seek.

P

The economic development fuse fellow, was also removed by a city council motion at the proposed budget study session and then below these. We also have a community funding request. So after.

R

P

7Th meeting we added the community funding requests that were recommended by the parks and recreation commission. That recommendation was a total of 96 461, based on the final funding amounts approved by city council. Today, the new total will be 69 461.

P

and I'll. Just note that the amount for senior services out of the valley is 6161, so we rounded it to the nearest.

P

We rounded it up by one dollar, as our financial system doesn't allow sense- and we see at the bottom of this table here as well after the june 7th meeting, we added revenues and expenditures for a grant from the california governor's office of emergency services or cal oes cupichino was awarded a 1 million grant to help initiate the business continuity resilience program which will provide resilience, improvements and technical assistance, technical assistance to businesses in emergency planning.

P

This funding will also help cupertino enhance its emergency operations center to support city and regional responses.

P

On this slide, we also have a increase of 300 000 to a sp1 or senate bill, one gas tax revenue estimate, and so this is increasing to a line of projections from the state. As city council heard at the june 7 meeting from public works, the city expects to receive 1.3 million in sd1 revenues, and the amount received by the city is tied to overall state gas consumption and then the last change on this slide is a removal of fixed asset requests for vehicle and equipment replacement.

P

So these were removed by city council motion at the proposed budget study session and they will be brought to city council at a future meeting and so for operating changes. Total expenses are hundred and seventeen thousand seven sixty eight and total revenues are 1.3 million.

P

And so the next two slides shall propose city word program projects and so I'll just point out that the lost and middle school, bikeway and vision, zero were already included in the printed proposed budget, so they're not budgeted again and also the visitor center and youth work projects are currently on hold until additional staff resources can be allocated.

P

And on this second part of the city, work program, slides I'll, just note that the study session on city-owned properties and the blackberry farm blackberry fund golf course needs assessments are budgeted in the cip budget and so for the city work program. Total expenses are 844, 000 and total revenues are 107 500., and these revenues are transfers from the general fund to the other funds, and so.

N

Now I'll hand it off to matt.

P

Morley, director of public works to discuss the capital improvement program.

Q

Thank you, thomas, so I just wanted to spend a couple minutes talking about the capital improvement program and I'm sure you'll want to spend a minute or two discussing the rankings and the projects yourselves.

Q

This is the um the list of projects that came forward in the proposed originally and if we go to the next slide, you'll see that, since that time, we've made some adjustments at council direction.

Q

This is what we think the council direction has been in terms of adjustments that we'd like to make in the proposed- and this is uh in the actual uh cip, and so this is what we're uh thinking we're moving forward at this point pending for the discussion tonight or at a future night, uh and so you can see that with this one, we've redlined through some of the projects that we think the council is not supporting, based on motions that we've heard in previous meetings.

H

Q

That next slide please.

Q

That concludes my portion of the report.

P

That so, let's talk about what's coming up next in the budget cycle, so we plan to publish the adopted budget in july or august and then we'll plan to present the first quarter report to city council in november. The first quarter report will update the city council on year. End results for the current fiscal year as well as update council on first quarter results for the next fiscal year and we look forward to your questions and comments. Thank you.

C

Great um well, thank you very much. uh That was a smart uh thank you for listening to our our past discussions as well and adopting them in the uh current uh staff recommendations in this presentation. um Before we go to council, I'm going to go and check in with our members of the public that are here so you'll have three minutes to speak on this item number 38, and so I don't see any hands raised at this point, but I do see one now, that is from gene, badord and I'll.

C

Let everyone know that you'll have three minutes to speak and again you can consolidate your time two minutes each up to 10 minutes.

C

In this context, you can also uh once the hands are all called upon in zoom uh email, our city clerk. During time. The first person is speaking um for uh your comments to be read into the record for up to three minutes. So at this point it is still one hand raised and so gene welcome.

C

You'll have three minutes.

S

Good evening, mayor paul and council members, my name is jean badourd.

S

I want to comment that this item is quite a voluminous document. It took quite a while to read through it and I commend the staff for producing it. Finance is very short, staffed and they've had little time to make extensive changes.

S

Time is running out to get an operational budget june. 30Th is only three weeks away and there's a lot of work that needs to be done at the may. 19Th meeting council added two brand new positions at the very last minute, which meant reworking the entire budget document for this meeting.

S

Those new positions are, first of all, an assisted city manager for three hundred and eighty seven thousand dollars to oversee legislative issues and advocacy, do outreach to communities and to engage with affordable housing developers and two a legislative aid for 183 thousand dollars combined. These two positions will cost the city over 570 thousand dollars.

S

I object to these new positions for several reasons. First of all, there's been no public vetting of these job descriptions. It seems that these two yes, two positions, are being added for the benefit of council, not residents.

S

Secondly, do other cities of cupertino size have two dedicated positions to support legislative activities. I haven't seen any comparisons to other west valley cities.

S

Small cities are most effective from working through cities, associations, not lone ranger tactics, shouldn't cupertino, be working with sunnyvale saratoga and los gatos. These are council roles, not staff.

S

Thirdly, there is already a legislative review committee, which doesn't seem to be particularly effective in influencing state legislation staff, regardless of whether they are consultants or city staff are not advocates for the city.

S

Advocacy is the job of the city council.

S

So why should the city spend over half a million dollars to hire staff to do council's jobs?

S

These positions are a waste of taxpayer money, please reconsider and remove from the budget. Thank you.

C

Thank you very much gene and I will bring it back to council at this point so I'll go by questions clarifying for the staff, presentation um and others pertinent to the item of course, and so I don't see hands raised, but I'm certain that there will be uh questions and follow-ups council member willie, your hand is raised. Why don't you start us off.

L

Yeah, so um very good uh presentation, um good assistance from uh director of public works matt.

L

The question that I've got kind of stems in the form of uh director of public works has struck out the four million dollars for the uh city hall, correct it previous description, uh new city hall, new, well, new three-story parking structure, 80 million dollars, yeah yeah. We we talked about that, but in terms of the seismic upgrade for which we just talked about the work plan and the item is there with the funding amount of say five hundred thousand dollars and when we previously talked about the cip.

L

That was the number I tossed out to get us the conceptual options that the city council would truly find.

L

Truly find sufficient to consider not bringing ones that the city council isn't going to consider. Let's not spend time on those unless it was truly truly uh required. So that is the main question, but I want to add to it.

L

When I looked at the cip item, there was both new projects and existing funded projects, and there were three of them: community hall improvement, relocation, slash relocation of eoc, which was item number 23 city hall, improvements and programming feasibility item number 33, civic center parking analysis. Item number 37..

L

I think all three of those need to be brought under the umbrella of the seismic upgrade for city hall, and hopefully my my hope is that over the next six months we will be able to define what the most likely options are, that this city council would consider and it it should have that programming feasibility, the parking you know wrapped up in it. So that's where my question is for director of public works. Thank you.

C

Hey great thank you, councilmember, willie and so uh matt. I guess you're you're back on tap here.

Q

Thank you mayor, um so yeah. I think we heard the council loud and clear that the council would like a more deliberate process before we start out appropriating funds that would lead to 100 design for a project, uh so our plan is is to actually use those other funds that that you cited council member willie uh to to advance this in in close coordination and under direction of the council. Ultimately, so we think that there's some work and some discussion to happen, uh and we would like to move forward with that.

Q

um The council council can help us along the way, with direction on um how we're doing and what does it. What the designs are are fleshing out to look like with the idea that it'll be conceptual and start with a good deal of planning from a capacity standpoint for parking, staffing and available space.

L

Great. Thank you very much.

C

All right, great thanks, councilmember thanks uh director morley and uh before I call on vice mayor ciao. Let me uh check in with our city attorney, so so chris on this item. uh You know this is far and away. um You know, in the longer term, just two or three years down the line, um the most expensive uh project being contemplated.

C

um You know, and so I was wondering to director morley's uh point in terms of working with council along the way.

C

Could we, at this stage, in our conversation, um implement a council subcommittee to be working with our staff, our city manager, the director of public works, um and um you know having the meetings and talking about the the plans for city hall, seismic retrofits. Possibly doing some diligence on you know, past action um is that something that would be legitimate in terms of uh the consideration of the budget, and you know moving forward from this.

K

So I I you know so so it is so obviously it is part of the budget, but I I think.

H

K

Know giving specific direction on how that project's going to be implemented is probably a little bit outside of the the scope of what's been agendized here I think you know a subcommittee may be useful, and you know that may, but perhaps the next time that this comes this meeting, the uh um the this city hall investigation comes back to council for an update. I think that would be an opportunity to to act on that thought near paul.

C

Okay, well, fair enough, then, in the interest of you know full disclosure and transparency.

C

uh You know what I had in mind here when we did our groundbreaking um in conjunction with the historical society on uh the canyon crossing, um you know, uh project um one of the former owners of the property was the um was the manager of the 1986 upgrades to city hall, and he was willing to come in and talk to talk to our city manager, as well as myself about some of his perspectives on this project, and you know subsequent to that, we had. You know some of our public discussions.

C

It seemed to me that there were um at least a couple of people on our council that, had you know very strong interest in you know keeping with this, given the fact that I term out in in six months a little bit less at this point, um I I thought it would be good to kind of you know, perhaps create a subcommittee. You know with the beginning of this conversation, uh which I think will happen in a couple of weeks.

C

I I need to check my calendar, but um at this point I I think I'll probably take that meeting with um you know with jim and hopefully matt you'll be available. I know you don't have notice as to when that was uh and and so we'll coordinate. um And then you know subsequent to this when we have this appropriately agendized, uh let's go ahead and form that subcommittee and um you know. Hopefully we can keep a good longer term conversation going here. So um uh matt uh director morley, you have your hand raised.

C

Did you want to make a comment on that yeah.

Q

Just filling in a bit of information, thank you, mayor um on the 17th. During our um city work program, discussion uh vice mayor uh chow did um motion um to form a subcommittee and that motion passed. So we fully expect that that will be the continued direction from the council. um So we're good with that. I think that we don't have the details on what that looks like um uh in terms of who's on the subcommittee, but we can certainly bring an item to council for that.

C

Thank you so much for well in the first instance. Listening that that's refreshing. uh Thank you. That's much appreciated and I I actually remember at the end of that meeting um and honestly, you know as much of a pleasure as it is to do all this and uh you know uh everything else that comes with it, usually at midnight's on the first and third tuesdays. My my brain is completely fried, but what I remember is thinking we didn't populate that subcommittee, um but I'm gonna go with what um you know.

C

Our city attorney was pointing out that you know let's, let's properly agendize this and um I I think we can go forward with um you know that plan as as described um and then yeah and get that that subcommittee, um you know populated so to speak. So uh thanks for pointing that out and uh vice mayor, you have the floor next.

J

So, first I want to clarify something. So I'm sharing the screen, which was the motion I made on the 17th of may, I think, and uh there there was the first small motion which included removing some items, and then we decided that we are going to rank them. So I crossed some items out and then we added the ranking, but these items still remain, which include revising some language, but I don't see that reflected.

J

I remember um so for black berry splash pad, rather than limiting to blackberry, we were revising it to me: identify locations for splash pad, um that's geographically dispersed as specified in the proxy rank master plan, and then the dianza buffered bike lens is changed to just bike lanes. The reason is that we would like to see options not just buffer, because that's a busy street um so in so rather than the original language of including a painted buffer zone.

J

uh This is changed to provide buffers between existing bike lane and the vehicle list which could be painted buffers or other more visible options. So I think we would like to have options that the community and the council can consider. Are these reflected in the cip, narratives right now.

Q

Through the mayor with respect to black blackberry farms, I think what we were hearing from the council was that that wasn't a desirable location. So that's why we struck it, but we did. We did see that there was a potential for wanting to to continue that discussion. So that's why we're presenting it as a red sort of a red line strike through on our dot on our document in the presentation, so that you, you know um clearly what the what what we're thinking or what we thought we heard.

Q

uh So, uh if you're looking for other locations, certainly as as those projects develop, we wouldn't incorporate the potential for splash pads and those as the scope develops. um It would not be a cip on its own to look for locations the the that would be more of a sort of a work plan.

Q

I item to look for for splash pad locations, but probably given the the park work that work that we're programmed to do at memorial park and at lawrence committee a good opportunity to to incorporate um that concept, at least in the discussions at the front end of those projects with respect to to de anza boulevard uh buffered bike lanes uh yeah, we realize that you'd like to have a discussion about the scope of that project.

Q

Once we get the uh the scope um underway in beginning we'll bring that to the council for your consideration and we'll talk through options on that. One.

J

I think perhaps you misunderstand the intention: what this motion means like for work program when we discuss the work program, council propose, revise the language and then the the the program that comes back for the next meeting should have that revised language. Rather than saying that, oh, we will do it from in the future discussion. I think that's not about the intent of this motion, so it should have been revised into this agenda packet, and then this should have been quite ranked on. Is the ranking should be based on the revised language?

J

So can we revise them so that this is captured.

C

uh Okay, vice mayor ciao, I'm going to go ahead and uh bring this to our city manager, uh who has his hand raised uh jim. What's your input on this? Oh this.

M

Real quick thank you mayor. I was just going to state on the on the blackberry farm, splash pad yeah. What what matt was saying is change if we change the words. This no longer is a cip item, because a cip, by definition, has to be a project that is going to be built or constructed, and this would go more onto a work plan or another item, but it would not be by definition, a cip item anymore, because it's not defined.

J

I believe we do have a satellite garden, for example, that was a program that did not have identified sites and part of the program is to identify sites and that's a cip project.

M

Okay well before my time, and that that would not have been something I would recommend, because you want to adopt a program that has a site a dollar amount of projects.

M

um That's what I would have been doing- and I've been here at that.

J

Point we also have um a new brand like for park, uh 200 000 for park amenities and not not identified, uh not location and not specific amenity right.

M

In that case, you have a you: do, have a dollar amount assigned to a project that would be coming in. um I think this one falls definitely more in line with. This is a discussion type of item that the staff can go out and review just in certain directors and looking.

J

At the different cards, that's fine, um okay, that's fine, and then another thing I want to share is, though, let me find this okay.

J

So I want to put this on the record, which I sent to the city manager already regarding the roles and responsibility and why we need this assistance manager, and this is the email I sent to the city manager- and this is in general terms, but in terms of impact. If we had such a person it's to fill in a lot of gaps that we are not doing and I'm finding out it's not that they are, this person will be doing. City council work.

J

Is that I'm doing a lot of planner work and a lot of city staff work out of my time, because a lot of there are gaps that are not filled. For example, the cep housing element committee right now we still don't have a plan after four meetings.

J

If we have an executive staff, that's in charge of this plan, and then I find out that it's, even even in the contract of emc, to provide the draft community engagement plan which still doesn't exist and there's and then I find out, I have to be the one reaching out to san jose planner to find out how they are reaching out to the different focus groups and they realize they contract with the county. I shouldn't be the person, that's doing this work. A city staff at the higher level should be reaching out to other city.

J

I reach out to san jose collaborator, to try and find out if how a kid in a box works and find out all day get in your box is a valid way to do. Outreach by volunteers I find out pop-up books is another way. This I shouldn't be the person making a call and finding this out now, I'm passing all the information to the city planning income department, but I don't know if they have the staffing to follow up on that.

J

So that's the thing we have the gap, that's not filled and I am doing the city staff work, I'm not paid, and I really don't have that time. But these are things that's urgent, I find out. I have to do it, otherwise we are not making progress and we have not made progress.

J

um We have not gotten any update on the partnership with habit for habitat for humanity which mayor scharf, former mayor shelf, back in 2019 wants to do and bay area housing authority for special needs housing, and I have to be the person who called them to find out the status update and then I find out they already visited the site, and then I learned about all these things that I shouldn't be spending time figuring out and um we still have no real positive relationship relationship with news media, which I think, if we have someone on staff on who is aware of that.

J

That will be better on just just. There are a lot of gaps, for example this this just this week. I realized that we have now reached out a very essentially important component of housing element, employee associations of the alzheimer cupertino union freeman union, and then I am the person that fight I, I called their board members so that they can connect me and then I'm hoping that I will then help I'm doing this so today, with the city staff time. I know they don't have time to make these contacts and then I'm finding out.

J

For example, there are properties.

K

May I have to blur it for a minute there.

C

Oh, um thank you um vice mayor and um legal counsel. Chris has asked before so. Let's um uh yield the floor to gas.

K

Yeah, so so uh the housing element is not on the agenda. Certainly, a general reference to the housing element is something something to justify.

K

The appointment of an additional assisted city manager is appropriate, but at some point we're getting to a level of policy discussion of the housing element that that's not agenda, so I didn't request that the accordingly.

J

Okay yeah, so this person could be, for example, making phone calls to property owners who did not respond to housing. Government, and I understand the staff does not have time to do that. They send an email and then they couldn't follow up and then I find out. I will try to see if I can find who is a property owner? Can I follow up and we need us that person to do that so yeah and this.

C

Thank you vice mayor, we.

J

Need that two months ago,.

C

Okay, uh let me ask a question of staff, so um we are working with the recommended action of the agenda from uh tuesday. Is that correct um and that hasn't been modified in accordance to what um I think it was director morley's uh presentation uh with regard to strikeouts uh thomas, your hand is raised. Do you want to speak to that question with regard to what you know the so-called default action uh that I've described it as uh would end up being.

P

The recommended action was modified in the uh written communications that was provided to council today and so in the staff report there. That is the most recent recommended action, which includes the addition of the community funding, as well as some of the other changes that we discussed operating budget changes that we discussed today, as well as as well as the cip.

C

Changes what page of the written communications is that thomas? Let.

P

Me just hold that up.

C

Yeah, I have the document open here, so I'm not seeing where that uh that modification was made. So I'm looking at the um the notice for this meeting. It also has the same language as the notice for tuesday evening.

H

P

Staff report is on page 33 and 34.

C

And 35 33, 34 and 35, okay, so so you're just saying that that's inside of the staff report I mean yes.

N

C

Is is there anything okay, so that's recommended action on page 33 and then uh where would the appropriations for the cips have been initially so it looks like at the bottom of page 34, the capital improvement program it so it starts with the led lighting now.

C

um So it's bottom of the page two of the staff report, um and then I guess the. uh Let me take a quick look here.

C

Capital improvement program originally started out with the uh the splash pads and then it went to the library okay. So so now it's been eliminated from written communications. Those two items, the splash pad. Okay, so I see so so just to refer everyone um I'll go ahead, and maybe I need to log into my other computer here. So I can share the screen, but so so thomas do you have that that document available to share with people?

C

Okay, so yeah go ahead and share that so that we know we have a common base so go up to the the prior page please. um So this is uh under written communications.

C

um The recommended action here uh you've got the subject, for you know this item number 38 and then thomas next page. Please- um and so that's the second page of the recommended action. And so, as we said, it's a it's a fairly long version and.

R

H

C

Third page of the staff report before this discussion, that is the remainder of the recommended action as as it now stands, uh so just as uh by way of noticing the public really um the default motion is not going to be what you see in your notice of this meeting or in the notice for on the agenda for tuesday night it'll. Be this part of the staff report.

C

Okay, so thank you very much thomas appreciate that, then let me call on councilmember willie, who has a hand raised next.

L

Yeah. Thank you, mayor yeah,.

L

We had a resident that raised a particular concern and we're here to listen to the residents and to engage with them, provide them information tell them where they can get help whatever it is.

L

A resident made a clear concern about the particular position that has been added, and I think the vice mayor did a very appropriate response to that resident.

L

What I would ask of the city attorney is that, if we're not able to respond to a resident's concern on an agenda item for the agenda item, then can we do a better job of noticing that we'll say something along the lines of listening to and responding to residence concerns to the best of our ability with short notice, so I'll leave it at that, but to me we're here to engage with the residents and once when a resident has a concern to bring up, we shouldn't just be saying: oh sometime in the future, you know there's no time like the present, if not now, when thank you.

C

Okay, thank you councilmember wooley and um chris. I noticed that your my microphone's on did you want to speak to councilman willie's comment.

K

Briefly, because I know we have a lot to do still, uh just that. Certainly there was you know a lot of space for the vice mayor to respond to the resident's comments within the scope of what was noticed, um and certainly I I'm generally quite liberal, with allowing people to use that space. But, um but uh you know, part of my job is to enforce the brown act. uh Try attempt to enforce the brown act. Another legal requirement.

C

Yeah, you know, frankly, I thought you you both did a good job and uh vice mayor made her points, and you know you just urged caution, and you know she uh stayed within those contours a little bit longer and so um yeah. I mean um thank you for the comment as well: councilman willie, it's important to be able to respond to you, know public concerns, and so um I I do see council member way now has the hand raised vice mayor chow, your hand is raised again.

C

So let's go to council member way and then um after we get council member way's comments, I will ask that somebody move the recommended action, as articulated in the staff report for this item tonight, and see if we can get a motion in a second for that council. Member way.

F

Thank you, mayor paul. I will be brief because I did voted no originally on tuesday because on the proposed two positions, because that not I stated it's not because I don't think we could use two positions. I do think the job description needs a little bit further refined before we um start to add a position, and I did see uh vice mayor chow's, more elaborate description on it. So this is my question, for maybe the council or the staff is uh we can. I can.

F

I can approve the positions um and I do believe the job description needs to be more refined, and you know my one one of my uh areas, I think it's important to the council into the city- is: maybe one of these people, new jobs, could explore, grant positions a grant that could a federal grand state grant. So you could supplement our cip projects. Our different projects so grant approvals, and writing is very important.

F

So my question is: if we prove this budget with the new positions, can we refine the positions further before we start to go out and recruit new staff.

C

I don't see why we wouldn't be able to do that, but let me uh refer this question to our city manager and I will also point out that we did uh have a contract. That's been increased for grant writer when I was at the u.s mayor's conference. I did speak to a number of people located in dc.

C

um Talking about the various you know, funding sources that are out there right now on a grant basis, and I think that we would more than um you know, get our return for a dollar right now, if we had, you know a good, cohesive and systematic way of identifying grants and going after them, so I mean I think that makes a lot of sense to carve out the grand space so um jimmy your hands not raised by c director faro's hand is uh christina.

C

Did you want to speak to uh the comments made by councilman hawaii.

I

um Yes, so I just wanted to point out that, yes, you could refine the uh job description. um Approving the position this evening simply allocates the actual position, uh along with the funding to go with it.

C

Okay, well thanks and jim did you want to follow up on anything? You know beyond uh what oh.

M

Thank you or no excuse me, that's exactly what I was going to say is um once if it is approved, then we would come back with the full-blown description of it to make sure it fits. um What council is thinking. Yeah.

C

And then you know before I go back to um you know um the the request for the motion. You know. One thing I will say is that um you know I I'm completely open about my service on council and I you know I've uh actually welcomed the uh the pras that have come out more recently about you know all this. It was something extremely extensive, like all emails that I send out for the first three months of the year.

C

um You know, in fact I I actually wish we could disclose everything, because you know the stuff that was uh disclosed to the public speaker who spoke because she was the person who issued the pra um was was not everything that was uh well.

C

What was it was was in the purview of what I wrote, because a lot of that is actually privileged a lot of that's confidential, um but I think it could be fair to say that within the scope of that material, it is just so obvious um that that people and counselor are doing so much, and so um you know I appreciate the comment that consoles should do its job.

C

I'm gonna hearken back to a comment that I've made previously that I often feel like I'm doing five jobs in city hall, um and so I think that it is reasonable to look at some positions that could help support the the council efforts. But when we're talking about things like, let's get, the housing element figured out. uh Let's go ahead and you know get various of these. You know implementation measures reach out to uh the community, um help with the development side of things you know such as you know, having a groundbreaking I did coordinate.

C

You know a large part of the first groundbreaking that we had earlier this year, uh just for instance- um and you know just not feeling so well these last couple of days, I've had to offload a little bit of the logistics and I think our city manager for helping to organize the angel island trip. um You know logistics beforehand, which also the you know speaker from the public is, is attending as well.

C

So so I don't think, there's an ignorance with regard to realizing that a lot is happening in our city and we're doing quite a bit. um So you know I.

C

I do take it all with a grain of salt, um but at the same time you know I say very sincerely that we're doing a lot- and you know some some assistance is needed on top of what we uh have from our um you know, candidly very, very excellent staff, um but I know that we're a group of people that do you know, as our community does uh expect more and hold ourselves to a higher standard and are always trying to improve, which is you know precisely why we are the community that we are so at this point, I'm going to go ahead and ask for that default motion and again that will tie to our staff report for this item and so.

E

Pardon mayor paul, I actually haven't clicked on this item.

C

um So councilmember moore, why don't you make your comments uh and and questions at this point? I thought you hadn't spoken, but I guess we've had four uh items, so I forgive me I I wasn't tracking uh mentally uh and- and I guess 100 cohesively the fact that you haven't spoken yet so please uh plea, please feel free and then I'll ask for that motion after after your comments and questions, okay,.

E

Thank you, mayor paul, so, within the uh the written communications we did also receive uh the special projects update from fiscal year 2021 to 2022, and in this update there are special projects which were not completed, and this is a pretty small font, but it goes on for a good two and a half pages, and this is within within that particular budget. And then within our current budget we have another uh page and a half about seven million dollars worth of special projects also and then going back in in time.

E

We have a multitude of special projects, and so we really don't have um a an up-to-date uh accounting for this number of projects. For instance, uh fiscal year 2019 to 2020 special projects included the bmr, affordable housing fund for habitat for humanity, and that was a hundred and fifty thousand dollars. um I we don't know what what happened to. That was what happened with habitat for humanity, because there was a mention from the vice mayor about habitat for humanity. We also had funding for housing strategies and homelessness allocated.

E

uh I perhaps the quinlan community center reception remodel for forty thousand dollars happened. um I don't know we had uh going back in time to fiscal year, 2018 175 thousand dollars for an economic, strategic plan, um im implementation and a city's facilities, building assessment for two hundred thousand dollars, and that seems to be something that that we're kind of looking at right now um for it was about ninety thousand to look at um burn, bletch and stockholmer.

E

If I recall correctly so so personally, I would want to have an uh an update from the departments about these uh lingering special projects that have had appropriated funds allocated to them. Now, with regards to the.

C

um Let me just ask you a clarifying question on that council member morg uh great points, um great point with regard to you know: what's what's hanging out there, how far back, would you like staff to go in your inquiry honestly.

E

I would go back to. I was trying to figure out where, when having special projects started, um I it was sometime after 2005 and and I think around 2014 15- I'm not really, I'm not really sure. I only have so many hours in the day to go digging into this stuff and hunt down that. It's and- and that's not really my job um so but I could. I could identify projects we're still hanging out there, so somebody needs to go track them down and find out um find out what happened.

C

Okay, so so before you you proceed and of course you still have the floor, but let me just um kind of clarify this. I think this is probably um informational and perhaps study session oriented between uh finance as well as public works, but I think great point I mean you know if there is actually a mechanism out there to kind of track this.

C

uh Let's let the public know and um if there's not, then obviously that's an administrative function that we need to clean up, uh but but thank you for, for you know pointing that out. Oh, I see uh jim's hand is raised at this point. Jim did you want to speak to this? uh Perhaps you.

M

Yes, um councilmember moore and I briefly talked about it. I think it's today last track, um but I also mentioned it to um our public works director. I don't know if I mentioned it to our administrative services, but it is something we could work on as a study session.

M

Some of those go well back before any of us were even here um so it'll take a little bit of time and digging through records and files to try and find that. But it is something that we can look into matt. I don't know if you have a comment on it or not,.

Q

Yeah, thank you. I was right on board with that. I think that there's some reporting that we can do and probably fold into existing reporting uh processes that are undertaken, maybe with quarterly report or something along that line, but we can talk about it at the staff level and figure that out. um There are a lot of these projects that are in progress so to the extent that the council can um move along the funding for them. That would be important in order to keep them going I'll. Give you a great example is our pavement.

Q

Maintenance program is in a special project funds, uh and I know that the city takes great pride in the pavement condition and we have projects that are underway in design and ready to bid so, uh and that goes for many of the projects. So there is active work that is occurring on these. I understand the new request to uh to get an update on them, um but important for the for the sake of the work that we're able to continue the progress on them.

Q

um There's significant ramifications, if we don't, but um one just want to to be clear on on that and certainly um providing reporting is, is a a very viable direction for us to take.

C

Q

C

Mean it sounds administrative.

E

C

Oh, am I muted, I'm sorry did I uh you're.

E

C

Okay, well, thank you. Let me know.

E

I'm not finished on this um item so with regards to that so.

C

Let me let me just you know kind of yield the floor back to you in just in a moment. I I do note that um now we have vice mayor chow, council, member willie and council member way with hands raised and so councilmember moore after you uh conclude your questions and and comments, um I I will ask for that motion, but I I think this is an important point that you're making initially uh to just just reiterate that, if we're not able to track these funding allocations over time, you're absolutely correct.

C

It is not your job to go back 17 years in time and if anyone insinuates that this somehow falls within the purview of council's jobs- and um you know therefore says that we're not entitled to ask for support, I think they're just absolutely wrong.

C

So so thank you very much for pointing that out um and we do need to be able to have a you know. Very systematic and accurate way of tracking how these allocations are um are are are proceeding over time. So thanks very much uh council member I'll yield the floor back to you at this point.

E

Thank you, mayor paul, so I a along that line about having the the pavement and uh sidewalk curb and gutter in as special projects. It also sits inside of the public works funding as well. You've got 4.6 million for street pavement maintenance and about 2 million for sidewalk curb and gutter. I've tried to understand why it was split into both places. I can't so hopefully that'll. That answer will come back um and to throw more more confusion into the works. We have the development impact fee reports going back to 2005 within.

E

If you go to the cupertino budget, page and scroll down um within these fee reports for various projects, they had what looks like kind of conditions, but they allocated funds uh to to certain um projects, and I went started reading through several of these and it, and some of them have not um come to pass, and so somebody someone needs to start digging into these and find out what funding was already allocated, for instance, which I thought was kind of a little bit unusual for main street cupertino.

E

There was um funding allocated out of that project to do some like traffic calming near city hall, um which I thought was kind of odd, so like rodriguez and pacifica, when um the the requirement was that they would do some um traffic mitigations around the the neighborhoods of of the project, and then I I don't really consider that near it, but that's an interesting project that needs to be tracked to see if the money from that um that development actually did it actually go to that project. So there's I'm.

E

You know I hate to bring it up, but there's a world more of of um of accounting issues to to be followed, to see just to be sure. If what what was promised when these um developments were approved has actually um come to pass now for the um the two positions, the assistant manager and legislative aide.

E

Well, let me go to the two that I'm really happy to see about. In particular, one is the budget manager, because that's somebody who could really help with all of these questions that I'm asking and uh they they would get to dig into all of that, and I so I'm really glad to see that and the the purchasing manager. I am very very pleased to see that position added as well. um Having spoken to the the consultant for moss adams, I personally am uncomfortable suggesting hires.

E

I would want somebody who had all of that experience looking at cities to make that suggestion before we are trying to hire in it seems like we're up to about 500 000 worth of new employees and uh trying to suggest that. So I can. I don't personally like the idea of micromanaging our city manager, for who to hire where and then to come up with a job description. I'm just I'm just not going to do it. There's experts in that field, I'm not it now it.

E

With regards to the city work program, I personally would have taken that city work program. I think it's too too long. I like that the manager bravely uh said that you feel you could go through it, but with all of these numbers of of uh still hanging around special projects and these other um developer impact fee projects uh that need to be tracked and see where I think you've got a lot more work, that's already already still out there, so I personally would have cut off the list at around.

E

I marked it at 26. I would have taken 26 and stopped on the on the city work plan, so um I'm uncomfortable with the two hires, because it's a long time commitment- and I think the city work program is- is too too long, um and and so I and I would like to hear about the special projects, because it could be that you really have gotten through most of them and it's not as bad as I think, but I'm very concerned that there is a lot more work that still needs to be done. Thank you.

C

Okay, uh thank you very much, councilman moore and um I I will ask you right now, so we have an appropriations list, um and so you know uh thomas. Perhaps you can bring up that list again from the city council staff report for this meeting. So it's it's on page two page 34 of the written communications packet and so uh to the point about appropriations for the city work program um being limited to a certain number and if you could do a one-pager, that would be appreciated.

C

Just put it to the width of uh thank you uh so item h, uh so just scroll down until you get to the second page um item h: oh that's interesting! Maybe we're not looking at the same document for some reason.

C

P

Yes, revised version because during the meeting I made updates based on that community funding recommendation, so originally it was 96 461, and so I changed that to oh great, I think 461 to cross up these two projects and uh awesome.

C

Okay got it guys so that that explains the page flow, okay, so great so um up at um and maybe if you could uh do the view as like webview or something like that. So it's all one document.

H

C

On the tab there yeah, I think, there's like so.

P

Which theory did you want.

C

It used web layout view the third button from the left on uh okay, yeah, great um and then um yeah. That should be enough. Based uh take a look at everything up there um yeah you can kind of zoom in on that one. um So so so to uh councilman. Remember more. I would ask so uh the allocations to the work plan as contemplated right now are in roman nets. 1 through 16 here under h. So um are there particular ones that you're looking to remove?

C

Because this is the the budgetary discussion right so um or you know, is it you know just.

E

Kind of a general.

C

Comment with regard to the work plan, because.

E

Mayor paul, this is a little confusing because we had um the final priority ranking for adopted fiscal year, 2022 to 23 city work program, and maybe I don't have the right form. But it goes on to 38.

E

Items, I believe, is the total. I mean it's, it goes on for pages and that's that's. Definitely like I'm saying cut it off at 26 and you've only got 16 here. There's.

C

Only 16 items enumerated here for budgetary allocations, and so if anyone.

H

E

I

E

Yeah, I'm wondering how this happened because, like our item, one says, um consider options for developing eli and bmr housing.

C

Yeah so so let me.

E

C

Yeah, let me let me bring this to staff. I mean I believe, what's happening here is that this is not tracking with the enumeration of of the work plan. This is just a matter of um identifying areas where we're where budgeting would be requested here based upon that work plan. But uh let's start with our city manager. Jim, you have your hand raised. uh Did you want to speak to this part of the yes yeah.

M

Thank you mayor and more. This is these: are the items in the work plan that needed budgetary appropriation? Some of those do not need appropriation, they're more of a true work plan. You know look into how to create.

M

You know the homeless. How do we help that? Is it's not really. A dollar amount attached to every single line, so these are the ones that have a dollar amount attached. So we need to request the.

C

Council to approve appropriation from well thank you, jim and just to let you know jim. I think your mic might be a little wonky it might. uh You know.

M

I'm having problems today with my computer, it started early, so I apologize for that.

C

That's okay! No! It's it's! Just like a little bit of like background echo or something like that, but um yeah I'll. Let you know if it gets, I'm going to go offline, real, quick and try and change. Okay, cool um and uh thomas. You have your hand raised. Did you want to elaborate any further or was there just um my hand raised from before? I was.

P

From the foreign sorry.

C

About that, okay, no worries all right um so yeah. That was my follow-up question to you, counselor more, I mean from from the perspective of a budget. That's what they're looking at from the allocation, and so um uh your hand is raised again or did you want to.

E

Well, yeah I'd like to comment on that, so for me I would have cut it when I say I would have cut it off at 26 for the number of items um it's kind of interesting, because most all of the items with a with that with a cash value, fell below um 26. With a with a sum total vote of of.

E

uh Like the next item had one person give a five one person give a one and three zeros so that to me isn't even a pass, but that uh that's the first item analyze potential revenue measures for fifty thousand dollars. It only had two one one person strongly for it one week very weakly for it and three against my to me as zero is against.

E

So um to that, when I look at something like that it doesn't, it doesn't seem to rise to the the level of wanting to to fund that um and and that's and then it continues on this way, because we have sixes sixes, fives um and and and lower. So um personally, I I realize that it's, it's late and people don't want to uh perhaps dig into these items, but I I won't vote for it. I'd rather go through and knock things off.

E

If, if people are willing to do that, um yeah anyway, leave it at that.

C

Well, I mean I'd, be open to you know entertaining that if people are prepared to do so, I mean I will point out that the homeless jobs program, um number eight uh is is very highly ranked and the cupertino store is actually you know. I know it's in the top 15 and I think that's the second highest allocation here. So I mean numerically, it's probably probably not the majority. That's um you know not not ranked highly, but um yeah I mean I, I see a number of things.

C

I one thing we could potentially say is that if it's not in the top 20 just you know don't allocate the funding for the. For this point I mean I'd, be happy to you know, entertain emotion without effect, but um okay. Well, uh I'm gonna go ahead and ask for uh that uh a default motion. Maybe we can you know kind of uh carve uh out space from there.

C

Would anyone be willing to put forward that and again this is the uh the staff report item um in the in the uh in the description of the the funding allocation? This isn't.

J

um I move the staff recommendation.

C

Okay, based upon the current staff report and.

J

Revise the one on screen.

C

Okay, thank you very much vice machou and council member willie. uh Are you willing to second that motion? Absolutely okay? Well, thanks very much councilman rolling, all right, so um we're back to uh the uh council at this time we have a motion in a second. I've got vice mayor, ciao, member willie, councilmember, moore councilmember way and then um I'll make some comments as well. Oh before we start off, I I do want to put in my own kind of plug there.

C

I I was just notified recently that the volunteer, fair uh estimated at about 8 500 uh would kind of is, is in search of funding, so I I would request that we, you know kind of you know, add that somewhere within the budget. So so that's that's my ask here: uh council, member child.

J

um So a comment and a request in the question, so I think it's a good idea that we should have someone who can help us locate the grant funding opportunities and but I don't think we need a dedicated position for that and if we had assisted the city manager on after we go through the housing element.

J

When there is capacity, I think this person, um the city manager, could likely decide how best that what that person could do- and it doesn't have to be spelled out entirely in the job description and I think the manager jim jim, definitely knows how to write this job description. And we don't have to really tell him. But and the main thing is we need someone who is planning in experience immediately, because there is a lot of gap that should have been done since even back in january.

J

And uh so I would like some commitment from doing that so that we can have a more clear timeline, a commitment to move on this quickly, because housing admin elements really need help. And the current staffing is not able to take on this, and I have waited. I have waited and I reached out to all these people because mayor darcy, paul told me if you want something done, do it yourself, so that's when I started to do this and then yeah I find out I'm doing the city planner job.

J

So I wish we can have someone to really step up, and so can we have that commitment to move on this quickly.

M

Yes, um um good marriage, vice versa. Yes, no um hr has already started to look into it, assuming that it does get approved, so it's so they're already listening to all of that.

J

Thank you for that, and then the one question is, I did not see historical society lying item mentioned, so is that line I'm still there? um My understanding from last year is, I think we want to support them, but then this is now turning out into like the chamber of commerce situation.

J

We have twenty thousand no agreement on exactly what that trend is already supported. I was hoping there will be a some kind of memorandum of understanding or projects identified.

J

So I'm yeah a little unsure yeah. Thank you so.

R

Through the mayor, if I may.

C

Yes, please welcome joanne director mcgregor.

R

Sorry about that um yeah I wanted to let everybody know that the um update for the subcommittee um on the historical society is scheduled to come at the june 21st meeting for your consideration.

C

Okay, great so um yeah, so we've got the the motion on the table, um but I.

J

Am I am on that subcommittee to date we have not had any conversation with cupertino historical society on any form of memorandum of understanding.

R

So we have um done the information gathering that will be presented to you on june 21st for council discussion about that.

J

Oh okay, so do we approve this today.

R

This that the amount is not included for.

J

Right now it's not increasing right. Okay, that's good to know, and- and I don't need to be concerned about that great. Thank you. That's all.

C

Right uh thanks vice mayor chow and um so um madison clerk. Can you remind me who made the motion who seconded this.

D

uh The motion was vice mayor, chow, moved and council members seconded. That's.

C

The member willie well, let me ask since we're in the transition between um vice mayor challenge councilman, would you be willing to add the 8 500 in the budget for the volunteer, fair.

J

uh I have a question so that does that include fee waiver and the city staff time, because that or sometimes gets counted as a charged service. That's.

C

Right, yeah, no.

J

C

J

80 and 8500 all cost. I.

C

I think that's yeah, I think staff's estimate basically folded in the rental, um the the rental cost of the civic center space. In addition, in addition to things like tents and you know, other other materials, and so um I jim forgive me- I don't remember if it was you who gave me that estimate um or- or maybe you know rochelle- who has her camera on right now, but uh uh does anyone have information as to that particular question? What uh that estimate includes.

I

C

H

I

I'm sorry, is it a uh key to answer that question mayor.

C

Okay, welcome uh christina directoral forum.

I

uh Thank you. So that estimate includes uh rentals and insurance related to the event, and that is consistent with the cost that we have actually expensed in the previous year. So that should be um that's kind of all the um the hard costs, not necessarily the soft cost related to staff that are already those costs are already in the budget.

I

So this would just be potentially some other things may not get done, um and I think that's probably more of a rochelle or joanne question if there may be some things that, if that's not planned currently that it may result in some additional cost.

C

I mean, I think, in the fee changes we added the civic center as a as a rentable space right, and so perhaps that's included in that estimate. Rachelle. Are you confirming that and nodding your head or.

G

Yes, so technically, this event is considered a staff event, so it isn't the same as like a festival or something where we would have fee waiver costs because it is staff putting it on. So it's a city event.

G

um So most of that is like rental and insurance of equipment, or you know the actual insurance costs for putting on the event.

H

G

That event has been a part of our department in the past. It just was budgeted somewhere. So it is something that we are aware and have planned on doing.

C

Okay and I'm sorry, is it budgeted in your department right now or is it.

G

No not currently um we were budgeting it through the mayor's fund, but it is something that we can and change for the future and have as our ongoing budget. Okay.

C

Because at least I can speak to 2018 and the current fiscal year in the last coastal year, um of course, last fiscal year we didn't have it, but but in 2018 that wasn't taken from the mayor's fund, I mean I think that was just kind of kicking it back up, and so so, if it's, if it's basically a cost center that needs somewhere to land, I'm just asking that we put it into the budget because it wasn't, you know, kind of taken from the mayor's fund previously.

C

So, um let's head back to vice mayor ciao, because I actually did see a head nod from council member willie um about uh being the seconder and being one I'm.

J

Happy to include that so that will be under parks and rec funding.

C

um Well, let's ask our um city staff to uh allocate that to the appropriate part of the budget and then.

J

I do have a question: how about the earth stage uh is: that's also a staff event? How much is the budget in terms of the hard cost.

C

Okay, so quick follow up before we go to councilman willie on this, uh so um so from steph's uh perspective. Does anyone know the um the hard cost budget of the earth day festival, earth.

M

Mayor this is the city, I don't know myself and andre is one that runs that.

J

M

J

Answer later, that's fine. I'm curious.

C

Okay, well thanks very much, and uh you know I I think you and councilman willie for being able to uh willing to amend your motion to include the the cost of volunteer fair into there um council member willie and then we'll go to councilmember moore.

L

Yeah, hey. Thank you a couple of comments. You know I I share councilman moore's concern with how much is too much for city staff. I was drawing the line at about 30 and you know the the comment that I'll make is. You know the direction we had was five fives 13 uh threes, 13 ones, and to try and keep it small yeah, the the zeros that she brought up tonight.

L

I think some of those are mine simply trying to not overload staff, so I think, maybe in the future, as a preface to the work plan we kind of decide. You know how big we think city staff can tackle with the city manager's input, but he's good tonight. So that's great. I also really like councilman moore's suggestion about having us get the status of these special projects.

L

In order for us to be effective, we want to make as much progress as we can and not redo things, but when we show up after we've been elected and we show up, we essentially have you know nothing.

L

It's up to us to start digging, and it was through that digging the various things state density, bonus law, things like that that vice mayor chow and I started collecting a lot of material. You and I were on the subcommittee for the uh attorney fees from shoot me haley and that giant binder, and it was during this time then that we actually got the the uh bookshelf in the council chambers for me and vice mayor chow, to put our binders on with all this information.

L

Hopefully other councilmen like way and and more can can draw from that are all my binders on that shelf. No, it I need to kind of load it up, but with that being said, the more history that we have, the more able we're able to to do more for the community with less and not have staff repeating things.

L

One item that's sensitive to me is city staff has done so many surveys. Three years of surveys, second hand smoke. What do you want to see at jolly man park and lawrence mini park?

L

None of that information comes to us, but I'd really like to see that on that shelf, so that we could pull out surveys yes, they're dated, but starting from some place. I do a lot of screen captures of those surveys, but the results I only find out when city staff brings it to the city council meeting and says we did a survey.

L

We had 250 respondents and these were the ones but they've done so many more surveys, so just want to put that out there that let's get smarter, let's, let's learn and and try and be more effective and we'll be helping staff at the same time. But mayor you're doing a great job on this. um Thank you so much.

C

Thank you very much. Councilmember wooley. uh Let's go on to councilmember more.

E

Thank you, mayor paul. So, let's see probably three items. I want to touch on one under special projects: the the erp system, um 106 thousand 928 dollars with regards to to erp systems. They can be very expensive running into the millions of dollars. So while it looks like it's just a hundred and six thousand or 107 thousand dollars, it's actually something. That's there's, there's a large cost associated with it.

E

I I do agree with getting the erp system, but I think that we need to understand what what it is that this is what we're walking into. So if this might look like us, a small cost here, but ultimately it's it's going to be something more, and I see that our chief technology officer is has joined us. So um I do have two other items, so I want to keep the keep the floor. So if, if bill would like to say something, please do it, but I want to get my other two items in.

C

Oh, why don't you proceed then, since that's your preference and then we'll call on bill to answer that question: okay,.

E

That works, um so uh I I am also very concerned about the the 400 000 or so um hud audit and and what that impact could be, um and the the potential cdtfa audit um a kind of multi-million dollar reduction in in revenues, and I'm I'm very concerned about um both of those items when we're growing the budget it it makes me want to be much more conservative and and wait and find out what some of the results are going to be before uh before running off on a shopping spree is how it feels.

E

um And, lastly, uh you know I appreciate the intentions of the the cupertino store. However, I don't feel that the um I believe it's 150 000 was allocated for that. My concern is that when we really look at marketing the the feasibility, the uh storage of items having personnel doing the the taxation for selling these items, what kind of accounting is going to be in our um in our budget in the future?

E

So I'm going to assume that this isn't going to be some kind of enterprise fund somebody's going to have to create that designation for the budget. To I mean I expecting in the future we're going to have cupertino store with some all sorts of stuff needing to be um items. What kind of interesting um I get to hear myself twice, uh so I'm worried about that.

E

I don't think 150 000 is really coming anywhere near what it's going to cost just to to set up a shop, and uh so we're basically becoming a small business owner within our own city, and um so were there actual um was, did a consultant come in and come up with this 150 000? How did this this get arrived at, uh because I this this barely funds, one person's time working on it and then on?

E

If, if this does, um if in its ultimate fruition, we end up with an actual um location with a store, we will have then uh created, I don't know two or three um uh low-wage jobs um and and all that responsibility associated with it. So I'd like to hear uh on these three items, thank you.

C

Okay, let's start with um director mitchell bill.

C

Oh bill, you're, muted, so you'll need to.

T

You think the tech guy would know better. Thank you, mayor, mayor, paul and councilmember moore great question. So the erp implementation is actually in three phases.

T

Phase one is needs analysis, phase two will be rfp development and vendor selection, and then phase three will be the actual erp implementation. So this money that we're asking for is additional funding for phase one and two.

T

So that's what that is, for we aren't actually going out and procuring that'll come to you next fiscal year after rfp has been developed and the vendor has been selected and then we'll be able to move forward, but that'll take about a year year years worth of work to go through the needs, analysis, uh rfp development and vendor selection.

E

Through the mayor, I was looking at the the erp um page uh for the city of sunnyvale, and uh actually it was looking like they are grand total. I don't know what they're buying 16 million dollars um so any thoughts on that number. It was.

T

Shocking yeah, I think 16 million dollars for us is going to be high. I would not be surprised if it's in the million dollar plus range, but I do not think it's going to be 16 million dollars. I think it's going to be a couple million dollars over a period of uh three to five years.

T

That would be my estimate at this point.

E

Thank you very much, and I don't know if there are any comments on the my concern over the hud item and the cdtfa. Perhaps the public would like to hear something about that. um I I would appreciate it.

M

Jim, so the hud one we are still waiting. You know we sent in a letter and gave the full explanation for the hud for their um their audits, what they considered about it and uh we're still in a holding pattern to hear back from them. We gave them examples of why we think what they were doing was far truly far too much for a um you know, I'll call it simple mistake um and then the cdtfa is one.

M

That's we're still waiting for that to come back to us, we've heard that they're still working with the businesses that are out there, but I really can't get into it too much with that piece of it.

C

Okay, um well, let's um any other follow-up on uh councilmember moore's questions or comments in this round.

E

The last question I had through the mayor was regarding the the cupertino store, how how the calculation was done, because I I'm just thinking about in terms of marketing feasibility, storage taxes and then uh the cost to employ somebody to be taking care of this. I don't think that 150 is going to uh cut it. I think we're going to need a lot more, a lot more funding and then down the road if it does open it up into a actual brick and mortar location.

E

uh That's that's even even more um more cost to the city.

C

Okay, uh thank you for the reiteration of your question and I see that tina kapoor our economic development manager. As for cameron tina did you want to speak to that.

U

Thank you, mayor, paul, yes, just very briefly, um and councilmember moore you're, absolutely right. There may be additional costs associated with this item. um The approximate budget that's been um allocated or requested for this item is is, um is really just a it's an estimate at this point.

U

um What we are thinking of um doing with this particular um item, the gina store, is actually trying out a pilot which would be an in-house um project, so bill from I.t is actually working with me on this, and he may have more information, but we want to see.

U

If that's you know something that we can do in-house before we go to a third party vendor and um at the end of that six month time we would have a much better and clearer idea of what the ongoing costs may look like, including the staffing resources that you mentioned. So that's the plan. That's what we're thinking of doing before um before having like a um a full blown plan, we want to try it out in-house and see how that might work.

E

um Through the mayor was that were, were there any? um Was there any research to see if another city has a store like this anywhere.

T

Mr paul councilmember moore, I could answer that question, so I have done a little bit of research on that. The cities that I have found that have online stores actually are very large cities, so new york city obviously has some chicago has one and there there are cities that have an associated sports team with them have online stores as well, but stores are our size. I have not seen that as of yet we are still doing our research on this. uh You know it's definitely not a closed issue.

T

We're looking at that, but, as uh tina mentioned, we're looking at this as a pilot to get something up and going understand what the need is. You know and and see how the success of this rolls out and then, if, if it's successful and we come back, we'll be coming back, you know second quarter of the fiscal year and looking for more funds. If it is successful at that time,.

C

Great thank you very much bill thanks tina and uh let's move on to councilmember way at this time,.

F

Thank you, mayor paul. Actually, I'm glad um I actually a couple questions being answered and um I'm looking at this. This is a proposed budget, so a lot of things are going to come back to us and with more details and a lot of pilot programs in there. So I'm happy with our staff committing their time to do a lot of things that our council has put on the work plan in the cip.

F

So um I am okay with um the the proposal and I do like to add that um the uh volunteer fair, because that is a really good fair, but it also shows doing any fair, even in-house. That's our staff time for other community organizations to do that, they're all on their volunteer time. So um I I like that volunteer fair. I think it's a really good one to have every year that serve our residents uh very well. So I I do think- and I only repeat on the jobs, the two jobs.

F

I get the answer that we can refine the job descriptions and work on that, and we I admit that there are a lot of things we could do so, adding two jobs to half a million dollars. If we make it really good, valuable job descriptions that could bring revenues back to our uh city, not just not just uh service our residents. So um I'm, okay with the budget that's proposed, and then I should understand that every quarter we have adjustment and come back and we can always have more input and um evaluate projects going forward.

F

And, oh, I do want to say something about special projects. I I understand, because a lot of questions was being asked and answered on the paperwork already that it's a lot of operational and then incorporate with a lot of um uh special projects. Also include you know pavement and this and that so I think uh the city budget is more complicated than just our straight checkbook in our in our home, so um understanding a study session to understand how it works. It would be very good. Thank you.

C

Great thanks councilman way, and then we have a vice mayor chill.

A

J

I think this is we're talking about budget, and there is a question I forgot to ask earlier uh in how it probably is still appropriate. The sister city grant uber nation. We did not fund them and then I I'm trying to, but then we will be talking about. We need to be equitable between the different sister city organization, and so I think other city like the the toyotawa.

J

They do have an event. They got to get safety labor, but they did not get grant in terms of funding directly and their event is meant to raise funding for the student exchange program that they do fund and then for the uber nation. They are relatively new, be new, so they may need a start, some stuff to get started.

J

So I kind of remember that our sister city, we do provide some funding for them, but is it not annual funding.

J

So what what do we plan to do about the equitability between the sister cities? um I wonder and if anyone has some insight or is that something we should look into at some time.

C

Yeah, no, that's a that's a that's a repetitive but but fair question um that that really hasn't been uh squarely. You know kind of answered, so um rochelle, uh our assistant, director of parks. um Did you have any um commentary on vice mayor child's question.

G

I can't speak to the agreements with the sister cities because those aren't in our department, but I can speak to the festivals, um both the toyakawa sister city, cherry blossom festival and the babaneshwar festival are on the list of festivals for fee wafers, so both of those sister cities have festivals. The other ones do not at this time. um So we are basically fair in that section of the festivals.

J

Did we ever give them community grant for the toyokawa and the any of the other sister city? Did we ever give them community grant.

G

um Off the top of my head, I know that babaneshwar has received it in the past. I do not believe toyota has applied for it in the past, but I would have to look into that.

J

All right they'd received that last year. um Okay, thank you.

C

Okay, thank you vice mayor ciao.

C

Well, at this point we have um the motion, that's on the table, and um you know I'm very appreciative of all my colleagues and all of staff for uh all the incredible amounts of work. That's been uh done here. I think a lot of the points you know I will will take to heart and proceed, um but uh at this time you know seeing no further comment. I will ask uh that our city clerk uh conduct a role, call vote for the motion that is on the table. Madam soon.

D

Councilmember moore, no councilmember way: hi councilmember, willie, hi, raceman, ciao, aye, mayor paul.

C

D

Mission, as amended, uh carries with more voting no.

C

Okay well, uh thank you very much everyone and, as promised, I think that we have uh the very last item on our original agenda, which I believe was uh not oral communications continued, but council and staff comments and future agenda items, and so, let's start with jim, are there any staff comments at this time? Jim.

M

um Thank you mayor. My staff comments would be to say thank you to the mayor and the council. This was a a very thorough budget. You all asked incredible questions. You brought new thoughts and ideas to the table and you know it's something I want to thank you for and I'm very happy that we are able to get that approved. So thank you very much.

C

Thanks very much jim and um let's go ahead and allocate a few minutes uh each for any uh council comments or future agenda items. Would anyone like to start us off on um getting back on track? Frankly, with uh the end of our meetings uh with the future agenda items and our comments I see vice mayor chow has a hand raised vice mayor chap.

J

Yeah, I realize we just approved the work program, but then something came up in the public comment on tuesday that I would like to request. It has to do with project that doesn't quite fit the state restriction on sb9, for example, a 30-70 split. If someone doesn't want to cut their current house in health, but they want to a lot split a smaller lot, but that lot might be good enough for a single family home.

J

Is there a process for them to do that and then on what if they would like? They meet the state requirement, but they do not meet the law. The city ordinance restriction. Is there still a pass for discretionary approval because, personally, I do think lot, split and duplex if done well and follow the city standard, meet the neighborhood characteristic and address parking issues should have a viable pass.

J

How do we make that happen? I'm hoping that when we have the interim ordinance come back. This is something we can consider. I so that I'm making uh kind of a request.

J

I don't know if there is time to accommodate, but I think when we adopt an interim ordinance, this will be nice to at least have some information that we can follow. It could be through subdivision map act. It could be through a minor resounding or some kind of general planning amendment um yeah. Thank you.

C

Okay, thank you. Vice versa, I've made note of your request and I'll go over it with our city manager, on on wednesday, council member willie and um yeah councilman, william you're. Next.

L

Yeah, I know it's late, but I've had this on my list for quite some time having a talk to sandra james, probably about a year ago.

L

The memorial at memorial park is, you know, in a state of disarray, the granites have broken fallen down and broken and stuff, and when I talked to her about it, she said that you know the rotary is what created the memorial for memorial park and the person that ran that passed away, and she said she would very much like to hand that off that whole thing, which was then collected and put in somebody's garage.

L

So I would like a study session or an agenda item on the memorial memorial park so that we can once and for all, take care of sandra gentry's, uh pile of stuff and hopefully get that memorial repaired asap so I'll leave it at that for tonight. Hopefully, another councilman will support that so that we can make turn it into either a study session or an agenda item. Thank you.

C

Okay, thank you uh very much uh council member willie. You know without um you know, kind of getting into discussion on it. I know that this has been an ongoing work that that jim's been working on, so I think it would be pretty timely to bring forward a study session in the relatively near near future. I see that jim's hand was raised and and and lowers up. You know I take it that I probably covered your point. um Okay, so I don't see a new hand raised vice where your hand.

J

Is raised so I forgot, so I need to ask for a second for that proposal. Right.

C

um So so, as I as I, as I told you I'll check in with our city manager, as well as our city attorney on the timing of how the sb9 um you know, ordinances is coming back to us. I know that it is scheduled to do so, because uh we passed an urgency ordinance as opposed to a permanent one, and so um I will commit to you um that I'll go and take a look. What the timing looks like and so.

J

Yeah, I think council member really raised his hand to second.

C

Okay, uh customer willie, would you like to go on the record as seconding the request of vice mayor channel, absolutely okay, great.

J

C

Yeah, of course,.

J

I understand the timing is um staffing. Resource is an issue.

C

Yeah I mean based upon you know what what are um you know, what our agendas, so um I think no further hands raised um again. I want to reiterate our thanks to our um our our community staff, as well as our colleagues on council, and um you know we'll uh we'll we'll reconvene on uh jail on june 21st for our next regular council meeting.

C

Thank you very much everyone once again and we'll see you then meeting is adjourned. Have a great thank.

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