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From YouTube: Cupertino City Council Meeting - September 19, 2023
Description
Coverage of the Tuesday, September 19, 2023 Cupertino City Council meeting.
B
C
D
C
A
Here,
thank
you.
Now
we
do
not
have
closed
section
report
and
I'm
going
to
the
ceremonial
matters.
We
have
two
ceremonial
matters
to
announce
this
month.
The
city
of
Cupertino
joins
the
entire
nation
as
we
honor
and
celebrate
National
Hispanic
Heritage
Month,
which
takes
place
September
15th
to
October
15th
every
year
as
a
time
to
recognize
and
celebrate
the
many
contributions,
diverse
cultures
and
extensive
histories
of
the
American
Latino
community
America
is
the
land
of
possibilities.
A
Hispanic
Americans
have
helped
build
this
nation
as
doctors,
artists,
entrepreneurs,
scientists,
businesses,
military
and
so
much
more.
The
faith
and
drive
of
the
Latino
Community
embodies
the
spirit
of
America
and
have
pushed
our
country
to
grow
and
to
prosper.
On
behalf
of
the
city
of
Cupertino,
we
honor
these
important
contributions
toward
a
better
America
for
all
happy
National.
Expanding
Heritage,
Month
and
September
is
also
National
preparedness
statement
month.
September
is
also
National
prepare.
A
This
month
the
Federal
Emergency
Management
agency
FEMA
created
the
month
to
educate
the
public
on
how
to
prepare
for
and
handle
disasters
and
emergencies.
That
could
happen
at
any
time.
This
year's
thing
is
take
control
in
one
two:
three,
which
empowers
everyone,
especially
older
adults
too.
One
assess
their
needs,
second,
make
a
plan
and
three
engage
their
support
network
to
stay
safe
when
disaster
strikes.
A
C
A
C
E
Because,
good
evening,
mayor,
hungway
and
city
council
members,
my
name
is
Keith.
Kreft
I'm
a
36th
year
been
in
Cupertino
for
36
years
and
I've
worked
in
the
golf
industry
for
20
years
and
I
manage
a
database
of
information
on
golf
courses.
I
can
tell
you
how
many
unique
golf
courses
there
are
in
the
country
or
if
you
want
it
by
State,
and
you
want
to
know
who's
managing
those
courses.
I
can
provide
that
data
I'd
like
to
leave
you
with
just
a
couple
takeaways
today.
One
is
I.
E
It's
a
conservative
number.
So
you
can.
Your
team
can.
Can
take
a
look
at
this
and
decide
you
might
want
to
increase
the
rate
to
be
more
competitive
with
Sunken
Gardens
or
prune
Ridge,
so
this
is
I.
Don't
expect
the
mayor
of
Cupertino
to
be
setting
golf
rates
so,
but
your
your
Parks
and
Rec
people
can
could
certainly
could
use
this
and,
like
I,
said
having
worked
in
the
golf
industry
for
20
years.
E
E
There
was
a
paper
presented
at
the
PGA
Merchandise
Show
last
last,
in
November
back
in
they
meet
every
in
Orlando
every
end
of
January,
and
the
discussion
was
whether
or
not
a
golf
course
should
have
their
senior
rate
at
60,
age,
60
or
65,
and
they
were
showing
how
much
revenue
a
golf
course
was
losing
by
setting
it
at
65..
Our
rates
are
set
at
the
threshold
comes
in
at
50
here,
so
you're
losing
a
lot
of
money.
E
The
whole
intent
of
having
a
a
senior
golf
rate
is
to
get
retired
people
who
aren't
working
to
be
able
to
come
in
and
play
more
than
once
during
the
week,
not
just
to
give
them
a
price
break
and
I
think
you
should
be
strongly
considering
and
actually
the
the
takeaway
from
that.
That
discussion
was
that
they
should
probably
set
the
senior
rate
at
66
in
more,
in
line
with
the
guidelines
for
social
security
benefits
and
when
they
moved
to
67,
raise
it
again
so
I'm
encouraging
you
to
look
at
that
rate.
Thank.
E
F
And
we're
starting
our
through
okay,
so
good
evening
to
all
of
you,
I'm
going
to
use
the
low-tech
approach
that
I
used
the
last
time
I
find
that
works
best,
even
though
we
are
in
Cupertino
Don
Halsey
representing
the
friends
of
Blackberry,
Farm
golf
course:
I'm
going
to
talk
about
management,
alternatives
on
the
17th,
you
will
decide,
continue
the
golf
course
or
not.
That's
a
decision.
That's
up
to
you
hiding
right
behind
that.
F
This
is
some
quick
research.
I
did
one
approach
is
a
Cupertino.
No
change
just
continue
managing
what
you're
doing
another
one
is
course
code.
They
manage
deep
Cliff
already.
So
many
of
us
who
play
golf
have
played
both
paces
and
you
can
see
what
it's
like
to
subcontract
to
somebody
now.
There
are
non-course
Co-op
opportunities
and
you're
right
to
consider.
If
we
have
course
code
managing
two,
nearly
adjacent
golf
courses
would
that
introduce
some
issues.
Yes,
maybe
possibly
good,
possibly
bad,
but
this
is
a
collection
of
people
other
than
course
code.
F
That
can
do
the
work
and
then
the
fourth
one
is
oasis
and
they
rather
re-plan
the
golf
course
and
make
it
a
family
center.
There
are
many
options:
you've
got
okay,
I've
got
the
links
here,
I'll
send
that
to
the
city
clerk
afterwards,
so
you
can
use
them.
You
might
ask,
well
what
do
the
people
who
are
friends
of
golfing
clock
for
phone
golf?
What
do
they
want?
I
took
a
survey
of
them
and
you
can
see
that
some
favor,
the
city,
a
few
more
prefer
using
course
code.
F
Most
prefer
some
non-course
code,
alternative
I
put
in
Oasis
at
one
percent.
They
actually
got
no
votes
at
all,
but
it
made
it
disappear
from
the
graph,
so
I
forced
it
to
one.
Just
to
you
can
see
the
the
heavyweight
is
non-corse
code.
So
some
things,
though,
you
need
to
consider.
If
you
go
the
path
of
subcontracting,
a
contract
usually
will
run
three
to
ten
years
on
the
different
providers.
F
Typically,
five,
it's
renewable
one
form
is
Management
Service
contract
where
they
do
all
the
work
for
you
of
the
behind
the
counter
and
all
of
that
and
whatever
profit
or
loss
happens,
flows
right
to
the
city.
Okay,
maybe
you
don't
want
that
anymore?
Okay,
another
one
is
a
turnkey
or
a
lease
Arrangement,
where
you
get
some
rent
from
them
and
they
have
to
do
everything
including
make
their
own
profit,
and
if
they
don't
do
it
that's
their
problem.
F
C
B
Good
evening,
council,
members
and
staff
every
week
every
meeting
we
lose
some
transparency.
It's
like
a
dripping
faucet
every
time,
I
see
something
else
missing
something
else
not
as
complete
as
it
used
to
be
this
week.
I
want
to
talk
about
treasurer's
investment
reports,
I
just
noticed,
but
I
think
it's
been
happening
for
several
months.
No
sign
off
of
the
treasurer,
not
even
an
initial,
to
tell
me
that
somebody
looked
at
it
no
Chandler
custodial
report.
This
lists
the
assets
and
the
cash.
B
How
much
cash
do
we
have
no
pars
pension
and
opeb
account
statements
if
I
was
a
employee
I'd
want
to
keep
track
and
watch
that
because
that's
my
retirement
and
I'd
want
to
see
it
shows
the
return
on
that
money.
It's
important,
no
laif
account
statement.
What's
that
it's
a
local
agency
investment
fund,
it's
kind
of
managed
by
the
state.
The
city
can
use
it
to
invest
money
at
no
additional
cost
to
the
taxpayer.
B
When
I
look
at
the
treasures
report,
I
expect
it
to
give
me
a
complete
picture
of
what
the
city's
finances
are.
But
there
are
all
these
missing
pieces
I
want
to
know
where
it
all
is
how
it
goes,
and
it's
not
there
anymore,
we're
also
missing
city
managers
report.
We
used
to
have
a
nice
verbal.
What
the
city
is
doing,
nothing
formal,
not
what
they've
completed
but
kind
of
what
they've
been
working
on
it
kind
of
made.
B
C
G
Thank
you
for
having
me
here
tonight
today,
I
come
before
you
to
address
a
pressing
issue
that
affects
the
heart
of
our
city,
unethical
and
unsafe,
Behavior
within
our
workplaces.
Our
City's
Workforce
is
the
backbone
of
our
community
and
it
is
our
Collective
responsibility
to
ensure
their
well-being
and
uphold
the
highest
ethical
standards.
I
work
for
your
city
I
happen
to
be
a
maintenance
one
worker
here.
G
Recent
events
have
unveiled
disturbing
instances
of
unethical
and
unsafe
Behavior
within
some
of
our
workplaces.
These
issues
not
only
endanger
our
lives
and
well-being
of
our
fellow
citizens,
but
also
undermine
the
Integrity
of
our
City's
institutions.
It
is
incumbent
upon
us
to
confront
these
issues
head
on
and
take
decisive
action.
G
Allow
me
to
shed
some
light
on
specific
examples
that
have
come
to
our
attention:
safety
violations.
There
have
been
reports
of
safety
violations
in
City
departments,
ranging
from
inadequate
reporting
to
the
lack
of
proper
training.
This
jeopardizes
the
health
and
safety
of
our
dedicated
city,
employees,
harassment
and
discrimination.
These
behaviors
create
hostile
environments
for
cities
and
go
against
the
values
of
inclusivity
and
respect
that
our
city
should
uphold,
and
one
of
the
biggest
ones
is
misuse
of
authority.
G
In
some
cases,
individuals
in
positions
of
authority
have
been
found
to
misuse
their
power,
creating
an
atmosphere
of
fear
and
intimidation
that
discourages
reporting
and
accountability.
The
consequences
of
unethical
and
unsafe
behavior
in
the
workplace
are
profound.
They
harm
the
physical
and
mental
well-being
of
our
employees,
erode
morale
negatively
impact
the
quality
of
services
provided
to
our
citizens
and,
moreover,
such
Behavior
damages
our
City's
reputation
and
erodes
the
trust
that
our
community
places
in
its
government
addressing
unethical
and
unsafe
behavior
in
the
workplace
is
not
merely
an
option
but
a
moral
imperative.
G
G
Therefore
I
implore
this
count
city
council
to
take
Resolute
action,
comprehensive
audits.
We
must
initiate
comprehensive
workplace
audits
across
all
City
departments
to
identify
safety
violations,
unethical
conduct
and
harassment.
These
audits
should
be
conducted
by
independent
professionals
to
ensure
impartiality
and
thoroughness.
G
G
Training
and
education:
we
should
invest
more
in
ongoing
training
and
education
that
also
promote
ethical
Behavior
and
finally,
accountability
and
support
hold
those
responsible
for
unethical
and
unsafe
Behavior,
accountable
through
fair
and
Transplant
and
transparent
disciplinary
processes.
Simultaneously.
Provide
support
for
employees
who
have
experienced
harm
and
established.
G
H
Hi
good
evening,
thank
you
for
the
opportunity
to
speak
tonight,
assuming
to
speak
to
you
as
president
of
the
board
of
directors
of
The
Meadows
of
Cupertino
homeowners.
Association.
Meadows
of
Cupertino
is
an
association
of
28
homes
across
the
Stevens
Creek
from
the
Blackberry
Farm.
In
the
golf
course,
I've
been
a
resident
and
a
homeowner
in
Cupertino
since
1999
and
I'm
proud
to
say
that
I
love
where
I
live
I
believe
they
speak
for
everyone
in
my
Association
when
I
say
that
this
is
where
we
want
to
live
the
best
years
of
Our
Lives.
H
Many
of
the
association's
members
enjoy
the
trail
along
Stevens
Creek
and
have
played
at
the
golf
course.
We
believe
that
the
mix
of
trails
and
recreational
activities
at
Blackberry
Farm
helps
bring
our
community
together.
This
is
a
place
where
we
can
meet
our
friends
and
enjoy
a
range
of
activities.
H
We
believe
the
city's
plan
for
an
enhancement
to
the
golf
course
will
strengthen
our
community
and
provide
value
to
our
neighborhood
and
to
the
city
on
behalf
of
my
neighbors
and
friends.
I
want
to
register
support
for
the
plans
to
invest
in
the
golf
course
and
to
continue
to
Build
a
Better
Community
for
us
all
and
I
think
there
are
others
in
support
of
this
as
well.
Raise
your
hands
yeah
thanks.
So
much.
D
Good
evening,
council
members
I'm
like
I'm,
first
like
to
concur
with
Peggy,
and
my
sentiments
are
quite
similar,
although
I'm
going
to
give
different
examples
to
illustrate
my
concerns.
I'm,
a
40-year,
Cupertino
resident
I'm,
also
a
recipient
of
the
crest
award
from
the
city
in
2022
and
I'm
deeply
troubled
by
the
continued
erosion
of
transparency
in
our
city.
Most
recently
without
counsel
or
public
input,
recording
of
parks
and
rec
meetings
have
ceased.
D
Why
didn't
this
issue
come
to
city,
council,
city,
council,
Planning,
Commission
and
Parks,
and
Rec
commission
all
make
decisions
that
impact
the
finances
of
our
city
and
directly
impact
the
daily
lives
of
our
citizens.
I
would
like
to
understand
how
this
decision
was
made
without
Council
input
and
I.
Ask
that
the
council
reinstate
the
recording
of
the
parks
and
rec
commission
meetings
under
our
mayor's
regime.
D
D
One
was
a
gentleman
who
asked
that
his
young
son,
who
submitted
a
card
speak
upon
leaving
his
City
Hall.
He
died.
That
is
his
son's
last
memory
of
his
father,
the
city
of
Cupertino,
ignoring
our
citizens.
To
my
knowledge
to
time,
mayor
Scharf
retained
the
three
minutes
per
person
and
three-time
mayor
Paul,
occasionally
reduced
speaker
time
to
two
minutes
yet
mayor.
You
reduce
the
time
to
one
minute.
One
speaker
actually
spoke
twice
which
took
time
away
from
other
people
and
other
people
will
reduce
to
zero
again.
D
Finally,
I
am
submitting
you
to
you
a
paper
copy
of
August
30th
article
from
Bloomberg
tax
pertaining
to
the
risk
of
Cupertino
losing
sales
tax
revenue
from
Apple,
which
would
represent
about
30
percent
of
a
cut
in
our
City's
overall
revenues.
It
would
be
nice
to
get
an
update
on
what
our
city
is
doing
instead
of
having
to
read
it
in
Bloomberg,
News
and
I
got
another
bonus
item.
I
would
also
ask
again
that
the
erroneous
statements
defaming
our
council
members
be
retracted
with
a
full
apology.
Please
bring
Civic
and
Civic.
C
I
Good
evening
city
council,
what
a
firstly
start
with
reporting
out
on
the
movies
in
the
park
event.
We
are
very
glad
that
the
event
was
retained.
It
was
a
fantastic
event
and
I
want
to
give
kudos
to
all
of
the
parks
and
rec
staff
that
stayed
through
their
Friday
evenings
to
make
the
event
a
success.
The
event
certainly
lost
some
of
the
amenities
that
we
had
for
kids.
In
the
past
years.
I
We
no
longer
had
events
such
as
bouncy
houses
and
kids
activities
and
so
on,
but
having
the
event
was
better
than
having
none
so
we're
gonna,
give
kudos
to
all
of
the
parks
and
rec
staff
I
actually
had
the
opportunity
to
attack
them
in
person
and
I
promised
them.
I'd
read
out
their
names
to
acknowledge
them
in
front
of
city
council.
I
So
here
goes
thanks
to
Parks
and
Rec
staff,
Eddie
Christina,
Dom,
Randy,
Paul
and
Shelly,
all
of
whom
worked
all
through
summer,
sacrificing
their
Friday
evenings
to
give
back
to
our
city,
and
we
appreciated
each
of
those
events
had
300
or
more
people.
Attending
I
was
disappointed.
I
was
there
for
several
of
those
movies
in
the
park.
Events
and
I
was
disappointed
not
to
see
any
of
our
council
members.
There.
You've
missed
an
opportunity
to
connect
with
the
public.
I
I
I
hate
to
think
what
would
have
happened
if
we
had
not
argued
in
front
of
you
to
save
this
event,
and
on
that
day,
if
you
had
not
retained
movies
in
the
park,
perhaps
3
000
or
more
people
would
not
have
had
a
Friday
evening
coming
together
as
a
community
I
want
to
emphasize
once
again.
The
parks
and
rec
is
really
the
face
of
the
city
to
the
public,
and
you
need
to
be
funding
Parks
and
Rec
a
whole
lot
more
than
you
do
today.
I
Parks
and
Rec
budget
is
probably
understaffed
by
by
over
half
of
what
it
should
be
and
we'd
like
to
see
more
events
that
parks
in
that
Parts,
speaking
of
which,
this
past
weekend,
the
famous
Indian
event,
Dilly
Hart,
moved
from
Cupertino
to
San,
Jose
I,
do
not
even
know
city
council
is
aware
of
this.
The
daily
heart
organizer
could
not
get
an
event
in
the
city
of
Cupertino
and
she
had
to
move
to
History
Park
in
San
Jose.
Once
the
event
moves,
it
is
unlikely
to
return
again.
I
This
was
a
premier
Indian
event
when
I
contact,
City
staff,
I'm
told
there's
another
event
that
will
show
up.
That
is
like
saying
the
major
leagues
and
the
minor
leagues
are
the
same
thing.
All
Indian
events
are
not
the
same.
Daily
heart
was
one
of
the
Premier
Events,
and
he
needed
to
see
more
of
that.
I
Finally,
I
want
to
bring
to
your
attention
that
Valley,
Water
Board
has
been
removing
trees
all
through
Ragnar
Creek
in
the
area
of
bub
Road
and
Bollinger
Road
running
all
the
way
from
Bob
road
to
belligeru
I'd,
like
for
City
staff
to
inspect
that
area
and
see
white
permits
were
not
taken.
We
had
a
chance
to
speak
to
Valley
Water
Board
and
they
said
that
they
use
the
emergency
directory
to
avoid
taking
permits
mature
oak
trees.
A
J
A
J
G
J
A
J
K
J
A
Okay,
so
we
have
counseling
birth
number,
three
and
six
being
bored
now.
I
would
like
to
hey
open
the
public
comment
for
Council
number,
four,
five
and
seven:
any
comments
go
to
number
three
and
six
will
be
separate,
because
when
we
discuss
that
I
didn't
we
will
open
public
comment
for
that.
So
the
public
comment
is
remember:
three,
no
I'm,
sorry
number
four
and
five
and
seven
do
we
have
any
cards.
C
B
Good
evening
and
again,
I
wanted
to
thank
Mr
I,
don't
know
Orozco
for
providing
the
updated,
revised
weekly
accounts
payable
for
the
week
ending
August,
11th
2023
I'm
concerned
as
council
member
Chow
that
when
you
approve
your
draft
for
this
particular
week,
does
it
really
specify
the
new
the
revised
version,
or
does
it
still
does?
This
draft
resolution
include
the
old
one?
That's
not
correct!
B
C
I
Yes,
city
council,
I'd
like
to
speak
and
support
of
agenda,
item
seven
and
agenda
item
7
conflicts
with
agenda
item
six
which
I
will
talk
about
later,
but
for
an
IP
infrastructure
and
software
of
the
scope
of
a
city
of
Cupertino,
with
no
development
of
your
own
and
no
in
in-house
developers
that
are
working
on
your
own
software
building.
On-Premises
server
and
storage
infrastructure
is
the
right
decision.
It
is
a
cost
effective
decision
and,
as
many
customers
have
discovered
in
recent
years,
the
cloud
costs
more
than
on-premises.
I
I
The
cloud
is
a
constantly
running
ticking
Billing
System
you
pay
for
every
minute
and
every
second
and
I
would
encourage
you
to
continue
to
maintain
your
on-premises
server
and
storage
infrastructure
and
refresh
it
and
make
sure
that
any
proposals
that
are
migrating
to
the
cloud
you
are
asking
a
question
about.
Why
are
you
investing
on
a
server
refresh
while
trying
to
then
migrate
to
the
cloud?
I
Because
those
are
competing
initiatives
and
you
spend
389
000
dollars
rightfully
on
this
agenda
item
seven,
we
expect
that
you're
not
spending
another
500k
in
other
places
which
we'll
talk
about
later,
but
I
do
support
this
initiative
and
I
encourage
you
to
continue
to
maintain
your
on-premises
hardware
and
to
make
sure
that
you're
asking
the
cost
questions
as
to
what
is
the
cost
comparison
between
any
options,
you're
offered
that
are
not
on
premises.
Thank
you.
A
You
Mana
city
clerk,
I'm,
going
to
go
close
to
public
comment
period
for
counseling
calendars,
calendar
number,
four,
five
and
seven,
and
now
I
would
like
to
have
a
motion
to
approve
consent:
calendar
four,
five
and
seven
with
the
addition
of
approving
the
staff's
counselor
number
five.
The
correct
report.
A
J
A
K
K
L
A
Thank
you.
Now
we
are
moving
to
consent.
Calendar
number
six
award
a
software
as
a
service
s-a-a-s
agreement
to
evolve
software
corporation
for
mitigation
deployment
and
subscription
Services
of
project
docs
from
on-premises
environment
to
cloud
services
for
a
total
cost
of
488
and
680
thousand
dollars
and
50
cents,
including
10
contingency
over
five
years.
Do
we
have
a
staff
report.
N
N
O
Absolutely
mayor
council,
it's
always
a
pleasure
to
chat
with
you.
My
name
is
Bill
Mitchell
I'm,
the
chief
technology
officer
for
the
city
council,
member
Moore.
You
are
correct
last
year,
the
city
realigned
the
way
that
we
do
purchasing
contracts
prior
to
that
it
was
an
annual
base,
and
if
we
did
not
go
over
the
council
threshold
of
175
thousand
dollars,
we
did
not
go
to
council.
O
However,
this
has
changed
and
now
we're
looking
at
a
more
constructive
way
of
doing
this
more
transparent,
we're
looking
at
what
the
proposed
lifespan
of
the
system
is,
and
for
software,
that's
normally
anywhere
from
five
to
seven
years.
So
in
this
case,
we're
now
bringing
this
forward
to
council
with
a
five-year
contract.
I
hope
that
answers
your
question.
N
Here,
yes,
yes,
it
does,
and
it's
it's
something
that
I'm
kind
of
concerned
about
that.
We
might
hit
this
in
a
a
number
on
a
number
of
contracts
because,
for
instance,
you
might
choose
that
you
want
a
certain
Word,
Processing,
Company
and
you're
not
going
to
be
wanting
to
change
that
at
any
time.
So,
but
you
don't
actually
know
if
you're
going
to
be
keeping
that
vendor
for
five
years
and
it's
going
to
go
over
the
threshold
amount.
So
I
can
see
the
challenge
there
and
I
think
that's
what
we're
looking
at.
K
So
I
can
address
that
question
yeah.
So
the
standard
is
whether
it's
it's
foreseeable,
that
you
will
exceed
the
council
approval
threshold,
and
you
know,
obviously
that
can't
be
known
with
absolute
certainty.
When
you,
you
know
you
enter
into
a
contract
that
potentially
has
a
long-term
relationship
with
a
vendor,
but
we
we,
you
know
we
do
the
best
to
make
a
good
faith.
K
G
J
K
Q
J
So
a
question
regarding
this
contract,
so
we
were
we
we
we
still
had
the
unpromised
on-premise
software
last
year
and
now
transfer
I
think
Bill
mentioned
the
on-premise.
Software
usually
is
good
for
5
to
10
7
years,
then
wouldn't
shouldn't.
We
switch
to
subscription
model
after
five
years
when
our
current
version
of
on-promise
software
on
premise
software
is
still
workable.
O
I,
don't
remember
child,
that's
a
great,
that's
a
great
Point.
What
I'd
like
to
point
out
is
that
the
current
version
that
is
on-prem
is
the
last
version
that
will
be
on-prem,
so
any
future
advancements
to
this
software
application.
You
will
need
to
move
to
the
SAS
based
application.
That
is,
you
know.
O
J
O
J
Okay
and
that's
okay,
I
have
limited
time
so
I'll
just
go
to
the
next
question,
so
I
think
on
one
member
of
the
public
brought
up
things.
We
just
purchased
the
on-premise
Virgin
a
year
ago
and
that's
supposed
to
be
good
for
five
to
seven
years.
Could
we
get
a
discount?
Did
they
give
us
a
discount
for
moving
to
the
subscription
model.
O
A
You
so
I
like
to
ask
this
question.
Cedar
attorney
Jensen
has
said
that
you
know
you
review
every
contract
and
make
Judgment
of
whether
they
are
over
the
threshold
or
not.
Is
it
every
contract
is
so
different
right.
We
have
different
types
of
contract
different
software,
so
is
that
that
human
determination
is
very
important,
or
can
we
easily
make
a
rule
to
follow.
K
K
It's
not
really
agendized
for
discussion,
but
but
but
certainly
you
could
do
it
differently,
but
I
would
say
you
know.
The
amount
of
attention
really
depends
on
the
the
contract.
We
have.
You
know,
template
contracts.
You
know
that
that
you
know
often
require
Limited
work
from
the
city
attorney's
office.
But
when
these
kind
of
issues
come
up,
you
know
we
provide
advice
to
all
the
Departments.
A
Thank
you.
What
I'm
trying
to
say
is
I
do
believe
that
sometimes
there's
nothing
one
size
fits
all.
Have
some
perimeters
is
good,
but
to
me
a
city
runs
like
a
school
district,
many
many
contracts,
so
every
contract
has
different
elements.
I
do
believe
that
judgment
is
important.
So
thank
you
and
I.
Don't
have
any
other
questions
any
other
questions.
If
not
I'm
going
to
open
up
to
public
comment,
do
we
have
any
cards.
I
Yes,
hello
city,
council,
firstly,
I
want
to
say
there
is
a
staff
report
on
this
item.
So
I'm
surprised
the
city
manager
said
there
is
no
staff
report
on
this
item.
I
have
taken
the
time
to
write
a
staff
report,
and
so
it's
worth
reading
I
will
also
say
that
what
bill
just
described
should
have
been
in
the
staff
report.
The
stack
would
have
altered.
I
You
open
your
systems
up
to
the
threat
of
hacking,
so
I
just
want
to
ask
you
that
you
ensure
that
the
right
follow-ons
happen
with
Bill
and
his
team
to
ensure
that
you
have
a
timeline
for
when
the
vendor
stops
supporting
patches
on
the
on-prem
system.
And
if
that
is
going
to
be
imminent,
then
yes,
this
is.
This
is
imperative
that
you
move
in
the
interest
of
security,
particularly
since
this
is
the
city's
permit
systems.
I
You
have
sensitive
data
that
are
from
permit
applicants,
and
you
have
permit
processes
that
can
get
stalled
and
even
worse
can
get
affected
by
malware
and
so
on.
So
certainly
something
you
want
to
take
care
and
precaution
with
I
also
want
to
bring
to
your
attention
that,
when
such
a
transition
happened
in
the
city
of
Seattle,
the
city
of
Seattle's
permit
system
actually
caused
a
halt
and
new
permitting
for
over
six
months,
and
this
was
just
in
the
last
two
years.
I
It
takes
a
fairly
long
time
to
go
through
the
process,
so
I
encourage
you
to
learn
from
what
the
city
of
Seattle
went
through
when
they
went
through
this
process
and
finally,
I
want
to
say:
if
you
are
transitioning
I,
don't
see
why
this
is
a
no-bid
contract.
I
understand
that
you'd
like
to
keep
the
same
interface,
but
the
reality
is
when
you
go
from
an
on-premise
to
a
cloud
interface,
things
do
change
it.
The
look
and
feel
is
going
to
be
different.
I
There
is
going
to
be
some
changes,
and
so
you
should
be
looking
for
more
bids
from
other
vendors
if
nothing
else
to
drop
pricing.
So
I'd
encourage
you
to
ask
the
right
questions
on
why
this
is
a
single
vendor
bid,
and
why
aren't
you
getting
more
bids
if
nothing
else
to
get
more
effective
pricing?
Thank
you.
O
O
O
J
J
O
It
took
there
were
struggles
with
that
implementation.
I'll
be
fair
with
you,
but
it
was
more
on
the
land
management
system,
not
on
the
Evolve
system,
because
there
was
two
products
bid
at
the
same
time,
so
the
Land
Management
System
we
had
struggles
with
and
in
2016-2017
we
were
able
to
resolve
those
issues,
since
2017
of
all
has
been
a
very
strong
partner
with
us
moving
forward
through
the
process.
So
in
essence,
we've
only
been
been
on
the
software
active
for
the
last
six
years
in
Enterprise
software
for
us
or
an
Enterprise
software.
O
Even
though
I
told
you
you
know,
five
to
seven
years
is
what
we'll
put
on
for
the
foreseeable
future.
If
the
software
is
good
you're
going
to
keep
that
15
20
years,
that's
not
unusual.
So
a
little
bit
of
background
on
evolve.
Real
quick
is.
They
are
250
customers.
They
have
40
percent
of
the
top
50
cities
in
the
U.S,
including
Los,
Angeles,
San,
Jose
and
then
very
close
to
us,
Mountain
View
right
so
they're
they're,
a
very
seasoned
company
they've,
been
in
history
over
15
years.
So
we
feel
very
confident
in
this
product.
J
J
A
A
M
Q
Great
good
evening,
mayor
and
Council
Colleen
rosellis
from
Moss
Adams
I'm
your
engagement
partner
for
your
internal
audit,
which
means
that
I
provide
quality
assurance
over
everything
we
do
for
the
city
and
manage
the
program,
so
I'm
here
tonight
to
recommend
the
program
for
this
current
fiscal
year,
which
has
been
approved
by
the
audit
committee.
As
you
all
know,
we
have
been
retained
as
your
outsourced
internal
auditor.
We
focus
across
the
city
to
reduce
risk,
improve
internal
controls.
Q
We
look
at
efficiency
and
Effectiveness
and
compliance
and
ultimately,
we
want
to
help
to
align
City
practices
with
best
practice.
All
of
our
work
is
completed
under
industry
standards.
For
you
all
most
of
the
time,
that
means
aicpa
Consulting
standards.
When
we
conduct
a
performance
audit,
we
do
that
under
generally
accepted
government
audit
standards.
Q
This
is
a
graphic
from
The
Institute
for
internal
Auditors
and
I.
Think
it's
nice
to
share
with
a
city
council
just
to
remind
us
that
we
all
have
a
role
in
reducing
risk,
improving
controls
and
improving
performance
across
the
city.
So
it's
your
job
to
receive
our
reports,
to
direct
management
and
to
direct
me
to
conduct
Audits
and
to
look
into
items
across
the
city.
Q
It's
Management's
job,
to
implement
recommendations
to
identify
areas
where
we
might
need
to
dig
in,
and
then
we
provide
that
independent
and
objective
Assurance
across
the
city
over
on
the
right
hand,
side
you'll
also
see
your
external
auditor,
so
they
look
at
your
financial
statements
to
see
if
they're,
complete
and
accurate
and
occasionally
we
all
chat
about,
you
don't
be
worried.
So
internal
audit,
we
do
a
number
of
things.
Q
First,
we
conduct
Enterprise
assessments
that
really
takes
a
look
across
the
city,
both
from
a
controls
perspective
and
from
a
risk
and
compliance
perspective,
so
that
we
can
develop
our
work
program.
We
take
information
from
city
employees,
management
from
residents.
We
look
at
your
performance,
metrics
and
data,
and
we
also
monitor
the
city's
fraud,
waste
and
abuse
hotline
through
that
we
identify
our
opportunities
to
improve
performance
and
reduce
risks
and
improve
compliance
and
controls,
and
then
we
also
work
on
tracking
and
Reporting.
So
we
look
at
how
well
the
city
has
implemented
our
recommendations.
Q
We
work
on
a
validation
process
as
well
as
potential
corrective
actions,
and
that
could
include
if
you
had
external
audit
findings
as
well.
We've
been
your
internal
auditor
since
2020.
Since
then
we
have
completed
eight
projects,
so
we
completed
an
Enterprise
risk
assessment
right
in
December
of
2020
and
fiscal
year.
21.
we've
done
two
internal
controls
projects
and
five
performance
projects
we've.
Q
Also,
if
you
may
recall,
last
year
we
took
a
look
at
all
of
the
fiscal
policies
that
the
city
had
in
place
and
we've
been
working
with
the
finance
department
to
review
those
policies,
and
we've
been
passing
those
back
and
forth
to
make
sure
that
those
align
with
best
practice
and
we
provide
recommendations
so
that
they
can
be
more
efficient
and
effective.
So
far
out
of
those
eight
reports,
we've
delivered
52
recommendations
so
not
too
bad.
You
all
also
receive
training
this
year
on
your
fraud,
waste
and
abuse
hotline.
We
opened
up
that
hotline.
Q
Not
that
long
ago
we've
received
six
reports
to
date.
We
are
also
you'll
notice
at
the
bottom.
We
have
to
come
under
recommendations
validated
we're
working
with
City
staff
on
a
process
to
report
back
to
the
audit
committee
and,
ultimately
to
all
of
you
to
actually
validate
that
our
recommendations
have
been
implemented.
So
it's
not
of
much
value
if
we
just
provide
you
reports
and
they
sit
on
the
Shelf.
Q
So
for
this
year
we
have
two
major
projects:
I'm
actually
going
to
go
bottom
up,
so
we
always
have
a
line
item.
That's
for
attending
meetings,
preparing
reports,
collaborating
with
staff,
managing
your
fraud,
wasting
abuse
hotline
and
that's
just
sort
of
ongoing
and
then,
as
a
result
of
some
of
the
policy
work
that
we
did
with
Finance
Management
is
really
interesting.
We
very
much
support
looking
at
City
policies
across
the
board,
look
at
every
Department
inventory,
all
of
the
city
policies
and
identify
those
gaps
and
then
give
you
all
a
prioritized
list.
Q
So
we
can
update
that
without
policies
we
can't
hold
our
team
accountable,
and
so
it's
a
really
great
way
to
reduce
risk
and
as
well
as
improve
internal
controls
across
all
functions
of
the
city
and
then
finally,
you
may
recall
from
our
prior
Enterprise
risk
assessment,
it's
best
practice
to
conduct
those
every
three
years,
and
so
we
are
three
years
into
our
program.
So
it's
time
again
as
well
as
we
conducted
that
last
one.
Q
Q
In
addition
to
that,
we-
those
of
you
who
have
served
on
the
audit
committee
may
recall
we
typically
provide
the
audit
committee
with
a
long
list
of
projects,
and
so
one
of
the
projects
that
we
had
discussed
at
audit
committee
was
to
conduct
a
performance
audit
of
Grants
management.
There's
a
lot
of
state
and
federal
dollars
out
there
right
now,
and
so
there
was
a
discussion
on
the
audit
committee
that
if
there
was
additional
budget
this
fiscal
year
that
they
would
support,
also
conducting
a
grants,
management
performance.
Q
R
Good
evening,
honorable
mayor
and
council
members,
as
Colleen
just
stated,
there
is
a
difference
between
what
was
being
proposed
tonight,
which
is
staff's
recommendation
to
not
include
the
grants
management
performance
audit,
which
was
approved
by
the
audit
committee
as
a
a
project
back
in
July.
The
key,
the
difference
that
staff
is
not
recommending.
R
This
there's
a
couple,
first
being
the
finance
department's
workload
capacity
to
take
on
this
project,
especially
when
we
have
a
new
external
auditor
this
year,
which
is
a
quite
a
bit
workload,
heavy
a
lot
more
documents
need
to
be
provided
to
them.
They
need
to
understand
our
internal
controls
and
see
if
they
can
trust
those.
Secondly,
they
we
are
also
possibly
having
a
new
financial
and
human
resources.
Enterprise.
R
Resource
planning
software,
which
is
also
work,
have
work
heavy
on
the
department.
Lastly,
this
would
also
require
additional
Appropriations
and
a
contract
amendment
to
Moss
Adams
current
contracted,
so
we
would
have
to
return.
If
you
were
to
choose
to
include
this
project
into
the
work
plan,
we
would
have
to
return
in
October
with
a
third
contract
Amendment
and
a
resolution
for
a
budget
adjustment.
A
J
Yeah
hi,
thank
you
for
being
here,
so
I
I
think
can
I
borrow
package
slide
from
your
Peggy
pointed
out
a
public
comment.
Earlier
there
were
four
missing
items
on
the
investment
report
and
tonight
A
agenda
item
five.
There
were
incorrect
or
missing
input
on
in
the
report,
so
I'm
wondering
in
your
policy
Gap
analysis
what
the
city
can
do.
So
we
adopt
administrative
policy
so
that
this
report
have
these
Essential
Elements
and
what
you
guys
have
recommended
in
terms
of
could
Peggy.
Please
show
your
slide.
I.
J
J
A
J
Q
R
R
J
M
G
N
Yes,
thank
you,
Colleen
I
was
wondering.
Is
there
a
way
or
a
policy
that
might
fit
under
this?
The
Enterprise
risk
assessment,
which
could
basically
requests
that
departments
who
which
are
aware
of
having
long-term
contracts
going
back
to
the
to
the
vendor
issue
where
they
have
perhaps
already
exceeded
the
two
hundred
thousand
dollar
mark
on
a
contract
and
needed
to
per
our
purchasing
policy,
go
out
for
bid?
Is
there
some
way
that
there
could
be
a
policy
written
up
to?
Q
Sure
so
I
have
two
answers
to
that
question.
The
first
is
during
the
risk
assessment.
We
absolutely
do
look
at
procurement
and
Contracting.
As
you
recall,
we
did
a
very
detailed
procurement
efficiency
study,
not
that
long
ago,
for
you
all
contract
management,
because
it's
decentralized
is
obviously
a
risk
area.
So
we
dig
into
that.
Second,
as
has
been
mentioned,
the
procurement
policy
is
something
that
is
being
worked
on
and
we
have
actually
looked
at
drafts
and
talked
to
staff
about
that.
So
that's
something
that's
in
progress
and
I.
Don't
really
have
any
concerns
about
that.
A
P
Sightings
to
work
on
the
Grant
Management
performance
audit.
At
that
time
we
didn't
have
the
information
that
we
do
now
about
the
impact
of
staff,
and
you
know
the
the
additional
work
that
it
would
involve
and
and
really
when,
when
the
audit
committee
sort
of
focused
on
the
grants
management
performance
audit
review,
it
was
we
just
wanted
to
highlight
the
importance
of
the
grant
not
so
much
the
management
I.
P
A
S
Good
evening,
mayor
way
vice
mayor,
Mohan,
council,
members
and
staff,
my
name
is
Gene
Bedard
and
I'm.
Cupertino
resident
I
am
speaking
to
you
today
to
support
the
recommendation
of
the
audit
committee
to
fund
a
grants,
management
performance
audit.
In
addition
to
the
two
other
two
moth
Adams
projects
grants
management
has
been
problematic.
For
years.
There
really
hasn't
been
centralized
oversight.
S
S
Given
the
city's
financial
situation,
increasing
Revenue
should
be
a
top
priority,
though
specific
to
projects
grants
can
be
alternative
sources
of
revenue.
Reserving
general
fund
monies
for
operational
expenses
I
would
urge
the
city
to
pursue
an
aggressive
grants
program,
furthermore,
expand
your
horizons,
Beyond
City
staff
to
partner
with
organizations
and
members
of
the
community.
S
S
S
B
B
A
A
N
Thank
you,
I
do
have
a
question
for
the
City
attorney
or
the
city
manager
regarding
the
the
comments
that
were
made
during
oral
Communications,
and
do
you
have
some
recommendations
on
what,
with
regards
to?
We
do
have
the
internal
audit
program,
it
has
fraud,
waste
and
abuse.
What
do
you
suggest
we
do
as
a
council
when
we
hear
information
like
that
which.
A
So
I'm
going
to
take
a
few
minutes
to
make
my
comments.
I
understand
we
have
public
and
we
have
comments
from
a
lot
of
different
sources.
I
do
agree,
any
Personnel
is
a
confidential
matter
and
I
am
very
wary
of
certain
comments
that
make
mate
without
our
response
from
our
staff
and
being
categorized
as
risk.
So
I
would
like
to
really
trust
I
think
we
should
need
to
build
trust.
So
when
we
have
comments,
I
would
like
our
staff
to
have
the
opportunity
to
respond
and
I
really
agree
with
our
auditor.
A
That
expectations
needs
to
be
set.
What
are
the
expectations
of
the
Council
of
our
staff
or
our
public
of
our
staff
I
think
we
probably
have
to
make
clearer
expectations,
whether
it's
still
a
signature
needed
or
is
it
being
audited
internally,
so
I
I
do
think.
That's
a
expectation,
sort
of
a
proceed
seizure
instead
of
a
policy
and
another
question
I
have
is:
if
I
hear
correctly,
you
do
believe
that
you
don't
have
any
procurement
concerns
or
procurement
policies,
because
we've
been
going
through
it
is
that
what
you
have
expressed,
yeah.
Q
A
Q
Q
J
So
which
item
among
the
three
that's
proposed
for
next
year,
This
falls
under
is
the
ongoing
yes
services.
So
this
does
include
the
the
monitoring
of
the
fraud
hotline
and
if
there
is
any
issue,
when
will
I
know
that
a
lot
of
issues
are
confidential,
could
we
get
an
anonymous
report
on
this
kind
of
either
it's
reported
through
the
hotline
or
not
through
the
hotline,
but
I
think
it's
important
for
us
to
know
what
issues
were
reported
or
being
investigated.
Q
So
under
California
state
law,
whistleblower
hotlines
are
confidential
under
state
law,
so
we
have
to
abide
by
law.
The
other
piece
is
that
we
don't
want
to
compromise
any
potential
civil
or
criminal
investigation,
so
everyone
who
is
involved
is
on
a
need
to
know
basis
until
something
is
closed,
at
which
point
you
may
be
involved,
so
we
absolutely
have
had
executive
session
with
Council
when
you
are
need
to
know,
but
it's
much
better
for
us
to
keep
that
as
closely
held
as
possible
so
that
we
do
not
compromise
any
definitely.
J
Okay,
thank
you
and
another
question
regarding
grants.
Management
I
think
the
audit
may
not
increase
the
opportunity
to
apply
for
Grants
right
I.
Remember:
the
city
was
trying
to
hired
someone.
Did
the
public
works
department
and
hire
someone
specifically
for
Grant
application
I
think
it's
important
to
identify
the
opportunity
and
submit
the
application
in
time.
J
Q
So
during
our
risk
assessment,
we
look
at
Grants
because
that's
obviously
a
big
decentralized
process
too,
where
there's
potentially
risk
so
you'll
get
some
more
information
that
will
just
have
you
know
and
more
of
a
high
level
when
we
complete
the
risk
assessment
and
some
recommendations
there,
your
city
manager,
many
staff,
are
members
of
icma
members
of
gfoa.
Best
practices
are
out
there,
so
you
don't
necessarily
need
us
to
say
these
are
your
best
practices
and
here
are
the
gaps,
but
sometimes
it
does
help
to
have
a
prioritized
list
of
those
recommendations.
J
Q
Q
Q
N
L
So
two
quick
things
I
just
Echo
some
comments
that
the
vice
mayor
made
earlier
with
respect
to
this
item,
because
I
also
sit
on
the
audit
committee.
I
think
that
for
us
at
the
time,
we
did
not
have
knowledge
of
exactly
how
much
additional
staff
time
that
this
particular
item
would
provoke.
So
that
wasn't
a
consideration
for
us
when
the
recommendation
was
made.
The
other
is
that
it
felt
like,
even
at
the
time,
at
least
from
my
perspective,
that
this
was
a
sort
of
nice
to
have
not
something
that
was
absolutely
Mission
critical.
L
The
other
thing
I
just
want
to
point
out
is
that
the
the
item
in
question
is
not
whether
or
not
we
would
pursue
grants
as
a
matter
of
policy.
This
is
whether
we
need
to
have
an
audit
program
for
our
grants.
Management
right-
that
is
a
different
consideration.
I
think
that
almost
certainly
staff
are
very
well
aware
that,
as
our
budget
becomes
more
constrained,
we're
going
to
have
to
go
and
find
sources
of
funding
for
all
sorts
of
things
from
other
places
and
that
grants
management
will
be
necessary
in
order
to
make
that
all
work.
J
J
A
M
U
Wu
good
evening,
Madam
mayor
City,
Council
Members
Benjamin
Foo
Georgia,
Community
Development
with
me
tonight
we
have
Monica
Diaz
who's.
Our
senior
clinical
enforcement
officer
tonight
will
be
her
first
in-person
presentation
before
you.
She
was.
She
came
on
board
during
the
covet
pandemic.
Behind
me
is
our
City's
billion
official
Sean
hatch.
U
T
Good
evening
Madam
mayor
members
of
the
council,
my
name
is
Monica.
As
Ben
indicated,
I
am
one
of
your
senior
code
enforcement
officers
in
Community.
Development
I
will
be
speaking
to
you
tonight
about
some
changes
that
took
place
at
the
state
level
concerning
California
health
and
safety
code
and
substandard
housing
enforcement.
T
The
state
of
California
passed
a
mandate
that
requires
cities
and
counties
to
respond
and
address
complaints
of
substandard
housing
conditions,
known
as
assembly
Bill
838.
It
was
signed
in
September
of
2021
and
took
effect
July
of
2022.
the
state
law,
which
sets
what
and
how
a
housing
Standard
Supply
is
not
something
new.
Only
the
requirement
that
cities
and
counties
enforce
them
as
well
as
some
specifics
that
speak
to
the
manner
in
which
they
are
to
be
enforced.
Cupertino
was
one
of
many
cities
across
the
state
which
did
not
do
so
prior
to
the
ab's
passing.
T
This
is
a
new
service
being
provided
to
the
community
in
Cupertino
code
enforcement
focuses
on
protecting
the
community
by
addressing
issues
that
affect
the
safety
and
well-being
of
the
public
code
enforcement
response
to
complaints
and
addresses
reported
conditions
on
a
reactive
basis.
Standards
set
by
the
by
these
California
safety,
health
and
safety
codes
specifically
do
not
apply
to
all
properties.
Only
tenant
occupied
properties.
T
T
We
must
investigate,
inspect
and
assess
these
violations,
provide
an
inspection
report,
which
is
what
we
call
a
notice
of
violation
to
Property
Owners,
thereby
informing
the
property
owners
and
provide
copies
of
these
case
documents.
We
cannot
receive
state
reimbursement
for
this.
We
can't
not
respond
charge
fees
for
the
initial
inspection,
the
inspection
report
or
Associated
documents
to
affected
parties.
We
can't
refuse
communication
to
the
affected
parties
either.
T
T
T
Stairways
such
as
this
on
the
left
side
provide
what
is
known
in
our
fire
code
in
California
as
proper
Ingress
and
egress.
If
they
are
unsafe,
dilapidated,
they
can
cause
an
unsafe
condition,
thereby
being
deemed
into
a
dilapidated
structure
because
of
improper
maintenance.
On
the
right
side,
we
have
a
combination
violation,
also,
it's
an
unpermitted
addition
and
change
of
use.
That
happened
to
be
inside,
of
a
commercial
structure.
T
Staff
recommends
that
Council
adopt
the
proposed
amendments
to
this
chapter,
to
codify
Property
Owners
obligations,
to
maintain
housing
stock,
free
of
substandard
housing
conditions,
and
to
allow
the
city
to
recover
some
of
the
costs
of
enforcement
incurred.
As
this
result,
as
a
result
of
this
a
b
to
the
extent
permitted
by
state
law,
of
course,.
A
N
Thank
you
very
much
for
the
presentation
and
the
photographs
were
really
helpful.
First
are
the
were
those
units
within
Cupertino?
Yes,
okay
and
I
was
wondering.
Is
there
a
place
where
you
can
get
kind
of
a
comprehensive
list
of
what
would
qualify?
For
instance,
if
you
have
untempered
glass
within
18
inches
of
the
floor
in
a
rental
unit
or
broken
glass,
broken
screens,
things
of
that
nature,
or
perhaps
a
building
hasn't
been
painted
in
20
years.
T
Answer
succinctly:
there
are
various
codes
that
would
apply
to
this
to
the
scenarios
that
you
depicted
in
those
examples,
particularly
to
this
item.
There
is
in
a
list
of
items
that
are
specific
to
sub-centered
housing
and
that
can
be
found
in
the
staff
report
under
exhibit
d,
as
in
David,
which
is
California
health
and
safety
code,
section
179
to
0.3.
N
Okay,
thank
you
and
is
there?
Will
there
be
some
Outreach
to
the
public
so
that
they
are
aware
if
they
are
living
in
a
in
a
place
that
needs
to
have
repairs
made,
that
they
know
to
contact
the
city
and
without
any
fear
of
retaliation?
Perhaps
so
that
more
people
know?
Because
this
there
there
are
some
substandard
units
within
the
city
that
that
I
would
want
the
people
living
there
to
be
aware
of
what
their
rights
are.
T
Specifically,
what
we
do
is
we
work
closely
with
the
building
division.
Usually
people
come
to
us
and
that's
what
we
would
need
to
do,
not
only
because
we
need
to
vet
the
complaint,
but
because
these
are
interior
dwelling
inspections,
we
need
consent
from
the
occupying
property
from
an
authorized
person.
So
because
of
that,
usually
the
individuals
that
are
suffering
from
these
conditions
are
being
affected
by
them,
reach
out
and
ask
for
help
and
that's
how
we
hear
of
them
and
are
able
to
respond.
J
Okay,
I
think
I
have
similar
questions.
Thank
you
for
the
photos
and
that's
it's
saddening
to
know
those
are
properties
in
Cupertino
and
the
staff
reports
says
that
10
properties
have
been
identified.
So
how
would
the
tenant
know
where
to
report
or
even
what
condition
is
qualified,
so
they
can
report.
J
L
Just
very
quickly
going
back
to
the
the
fact
that
in
the
first
year
of
implementation,
there
were
10
properties
that
needed
some
sort
of
work.
Do
you
expect
that
to
be
fairly
normal
going
forward?
Do
you
think
that
that
reflects
perhaps
things
that
had
not
previously
been
brought
to
your
attention
or
you
know?
So?
Is
this
a
high
number,
a
low
number?
If
you
have
any
estimate.
L
M
G
T
A
A
P
U
Vice
mayor
through
the
mayor,
if
I
may
have
been
food
director
can
we've
elements.
Staffing
resource
is
always
a
concern
for
us.
This
is
a
new
code
change
for
us,
so
we
don't
really
know
whether
that
10
cases
is
an
average
is
a
high.
It's
a
low.
We
do
our
best
to
respond
to
every
single
one
of
the
complaints
on
a
very
timely
basis,
but
as
of
now,
we
won't.
U
We
don't
have
any
much
more
data
to
to
to
provide
back
to
you
and
we
can
certainly
come
back
to
do
an
update
as
we
get
more
data.
I
will
also
say
that
website
will
be
updated
as
well.
With
this
new
information
you,
some
of
the
committee
members
also
I,
may
have
seen
our
staff
at
the
day
and
night
festival
last
weekend,
so
we're
trying
to
actively
be
out
there
and
kind
of
educate
the
public
in
a
in
a
more
passive
way.
If
you
will
thank
you.
B
Foreign
Council
on
staff
I
am
glad
to
see
that
this
is
happening
and
I
encourage
you
to
allow
people
to
use
the
3-1-1
mechanism.
I
saw
that
it
has
a
property
concerns
as
the
topic
and
then
you
can
go
down
and
say
other.
My
question
is:
if
it's
Anonymous,
do
you
even
know
what
property
or
where
it's
at,
to
contact
somebody?
If
somebody
is
scared
and
does
it
apply
to
Airbnb
and
BMR
I'm,
assuming
the
BMR?
Yes
and
I?
B
Ask
that
for
BMR
that
possibly
when
someone
gets
their
unit,
could
you
give
them
that
list
and
how
they
can
report
issues
if
they
need
to
many
years
ago
there
is
an
area
in
Cupertino,
disabled
people
and
their
elevator
was
out
and
had
complained
so,
but
you
know
you
when
you
are
in
a
place
where
you're
lucky
to
have
the
place
to
begin
with,
you're
scared
to
report
anything,
so
we
need
to
protect
people.
Thank
you.
A
N
Thank
you
I'd
like
to
hear
a
reminder
about
project
Sentinel
and
do
they
assist
in
in
a
retaliation
concern
situation?
Would
they
be
helpful
with
that
I
mean
what
would
happen
if
you
became
aware
that
there
was
some
kind
of
retaliation
on
a
on
a
renter
for
having
something
reported
and
then
needing
to
make
what
could
end
up
being
expensive
repairs
for
water
damage,
or
something
like
that.
N
Pardon
through
the
through
the
mayor,
what
would
be
your
recommendation
for
a
tenant
who
now
has
seen
attachment
D,
which
has
the
great
list
of
of
many
different
repairs
which
could
need
to
be
made?
Okay,
so
they've
seen
it
and
they
their
notice.
A
few
things
are
problematic.
With
their
unit.
Maybe
they've
asked
their
landlord
nothing's
happened,
then.
What
would
you
suggest
is
their
next
step?
Yeah.
U
So
obviously,
first,
like
you
mentioned
to
the
mayor.
Obviously,
as
you
mentioned
first
up,
is
the
content
of
lend
or,
if
you're,
not
getting
a
response,
then
your
next
step
is.
You
can
also
call
contact
the
city
as
well.
If
you
haven't
had
an
opportunity
to
talk
to
project
Sentinel,
we'll
certainly
direct
you
to
to
that
as
an
option,
but
you
should
certainly
contact
the
city
for
that
as
well.
J
U
Yes,
through
the
mayor,
councilmember
child,
our
city
does
have
on
the
housing
website,
as
well
as
a
code
enforcement
website.
Direct
these
Services
provide
these
Services
the
contact
services
to
the
public.
So
we
do
have
that
and
it
will
be
updated
to
reflect
once
you've
adopted
tonight,
it'll
be
updated
to
her
flight.
Tonight's
decision.
N
Sorry
I
have
one
more
question
and
that
is
going
back
to
the
idea:
the
concept
of
a
unit
which
has
a
lot
of
water
damage.
Maybe
it's
a
duplex.
Something
of
that
nature
has
a
lot
of
water
damage
and
the
renters
need
to
move
out
and
the
repairs
are
made
and
then
someone
else
the
the
the
the
owner
decides
at
that
point,
they're
going
to
raise
the
rent
and
someone
else
moves
in
it's
one.
U
J
N
A
N
A
C
Please
shall
I
read
the
title
of
the
ordinance?
Yes,
okay,
so
this
is
the
first
reading
of
of
ordinance
number
23-2250
in
ordinance
of
the
city
council,
the
city
of
Cupertino,
amending
city
code,
chapter
9.22
of
Title,
IX,
health
and
sanitation
to
prohibit
substandard
housing
conditions,
throw
call
council,
member
Chow,
aye,
council,
member
fruen,
aye
council
member
Moore
aye
vice
mayor,
Mohan,
hi
mayor
way,
aye
the
motion
carries
anonymously.
A
K
K
K
There
has
been
communication
to
retailers
about
these
potential
changes
to
the
program
and,
and
so
staff
is
recommending
that
the
council
adopt
the
proposed
revisions
to
align
our
Oregon
ordinance
with
County
the
county,
to
allow
DH
to
continue
to
enforce
the
ordinance,
and
so
the
recommended
action
is
to
conduct
the
first
reading
of
the
ordinance
as
as
set
forth
in
the
staff
report.
And
if,
if
Council
does
introduce
the
ordinance
at
this
meeting,
it
will
be
brought
back
for
a
second
reading
on
October
17th.
A
L
K
L
K
A
J
A
A
K
So
this
this
the
item
before
Council
that
today
is
the
in
it
is
is,
is
a
request
for
input
on
updates
to
the
city's
current
ethics
policy.
I'll
start
with
some
background
on
how
we
got
to
this
point.
So
in
November
of
2019,
the
city
council
adopted
ethics
code
for
elected
and
appointed
officials.
That
code
was
rescinded
in
January
2019
and
in
January
2020.
The
city
council
adopted
the
current
ethics
policy
that
ethics
policy
was
identified
as
an
area
of
concern
in
the
December
2022
civil
grand
jury
report.
K
Moving
forward
into
this
year
in
February
2023,
the
council
adopted
the
city
council
procedures
manual,
that
procedures
manual
addressed
some
of
the
concerns
identified
in
the
grand
jury
report
by
including
standards
for
council
member
conduct,
including
standards
for
decorum
and
Council
staff
relations.
However,
there
were
other
areas
that
are
addressed
by
the
ethics
policy
that
were
not
directly
addressed
in
the
in
in
the
procedures
report
consistent
with
that
in
May
20
20
23.
K
When
the
city
council
was
considering
the
the
fact-finding
report
prepared
by
the
city
attorney's
office,
the
that
report
recommend
recommended
that
the
city
revised
its
current
ethics
policy
using
the
2018
ethics
code
is
a
recommended
starting
point.
The
city
council
considered
the
report
at
that
time
and
directed
staff
to
return
to
council
with
an
agenda
item
to
consider
revisions
to
the
current
ethics
policy,
consistent
with
the
recommendations
by
the
city
attorney's
office
and
specifically
the
outside
investigator
Linda
Dobby.
K
That
assessment
recommended
that
the
city
continued
to
review
its
ethics
policy
to
ensure
that
it
aligns
with
best
practices
and
also
included
a
specific
recommendation
to
identify
to
address
identified
gaps
in
political
reform,
acts.
Compliance
among
City
commissioners,
the
the
the
Enterprise
leadership
assessment
concluded
that
the
city
should
strengthen
its
internal
processes
for
tracking
and
holding
a
point
elected
and
appointed
officials
accountable
to
timely
completion
of
form.
700
disclosures.
K
K
K
There
are
some
questions
for
Council
that
you
know
I'd
like
to
pose
that
for
Council
to
consider
tonight
and
and
to
provide
feedback.
If
you
choose
so
one
question
is:
who
should
be
covered
by
the
policy,
whether
it
should
apply
to
elected
officials
only
to
elected
and
appointed
officials,
or
to
elected
and
appointed
officials
and
City
staff?
K
You
know
what
value
should
be
reflected
in
the
policy
and
should
there
be
any
rules
beyond
the
requirement
of
State
ethics
law
included?
How
should
the
policy
be
enforced?
Should
the
policy
include
Provisions
for
for
training
and
periodic
review?
You
know,
for
example,
a
refresh
every
every
three
to
five
years.
K
So,
as
I
noted
here,
we
are,
we
are
here
to
seek
further
input
before
bringing
up
hot
final
policy
back
for
adoption
by
Council.
The
recommended
action
is
is
to
to
to
to
to
to
to
to
re-adopt
the
2018
code
of
ethics
as
a
starting
point
for
ethics
policy
revisions
to
incorporate
revisions
to
ensure
consistency
with
the
recently
adopted
Council
procedure
manual
and
also
to
incorporate
the
internal
Auditor's
recommendations
regarding
compliance
with
fppc
rules.
K
A
K
K
So
one
option
would
be
for
the
to
have.
You
know,
after
a
certain
length
of
time
the
immediate
suspension
or
removal
of
the
commissioner
from
service,
so
that
would
be
one
option.
The
second
option
would
be
to
have
the
you
know
to
have
a
directive
for
for
staff
to
bring
that
to
the
council's
attention.
So
council
could
consider
the
removal
so
either
either
of
those
would
be
potentially
effective.
Enforcement
mechanisms.
One
is,
is
obviously
takes
more
of
the
council's
time.
T
L
K
K
So
I
would
defer
to
the
the
the
the
the
the
clerk's
office
I
mean.
The
clerk's
office
does
track
training
and
generally
again,
if
we
have
a
training
issue
or
if
we
have
an
issue
with
form,
700
compliance,
the
clerk's
office
actively
monitors
that
and
and
and
and
where
they're
issues
with
the,
for
example,
with
the
form
700
provides
reminders
to
the
Commissioners.
Okay.
J
K
J
K
N
K
N
Through
through
the
mayor,
there
wasn't,
to
my
knowledge,
a
clear
for
lack
of
a
better
term,
a
clear
punishment
policy
within
the
procedures
manual
and
it's
being
brought
up
here
for
the
ethics
policy
and
the
example
being
with
regards
to
the
form
700.
So
in
which
document
would
that
type
of
a
policy
be
more
appropriate
to
be
placed.
N
N
K
N
Okay
and
then
the
question
was
whether
or
not
we
wanted
to
look
at
having
the
policy
I
mean
the
the
ethics
ethics
policy,
be
just
for
the
council,
Council
and
commissions
appointed
officials
and
then
appointed
staff
I.
Believe
and
then
could
you
explain
the
different
levels
and
then
what
would
we
do
if
our
goal
was
to
expand?
This
I
would
expect
that
there
already
is
a
a
staff
ethics
policy.
So
we
would
want
to
probably
look
at
that
before
we
would
be
making
any
recommendations
into
into
that
document.
K
Yeah,
so
so
I
think
that's
a
good
good
question
I
mean
so
there
are.
There
are
different
models
that
are
used,
I
mean
it
could
be
Council
only
it
could
be
Council
or
commission
or
it
could
be.
Council,
commission
or
staff,
I
I
think,
with
the
last
option,
I
I,
you
know,
council
could
definitely
consider,
as
as
part
of
returning
with
this,
for,
for
you
know,
to
direct
the
city
manager
to
to
to
to
to
review
this.
J
J
This
recommends
to
individual
council
member
would
report
the
other,
the
individual
council
member.
If
the
offenses
continue
it,
it
would
be
referred
to
the
mayor
or
in
private.
So
doesn't
this
result
in
brown
act,
violation
for
three
council
members
to
be
conversing
about
this
violation
before
two
other
council
members
even
know
about
this
conversation
or
the
public.
This
seems
problematic.
J
Okay,
and
also
this
could
be
abuse
that
that
one
Coastal
member
and
the
mayor
could
Target
not
saying
that
it
will
happen.
But
when
we
make
a
policy
we
need
to
assume
the
worst
case.
So
the
mayor,
when
one
council
member
might
Target
another
council
member
together
nothing
this
mayor
won't
do
it,
but
I
think
when
we
make
policy
we
and-
and
that
might
all
happen
in
private.
K
Yeah
I
mean
obviously
we
want
to
avoid.
Having
a
you
know:
Brown
act,
violations
happen
in
private
I
mean
I,
I,
think
there's
always
the
potential,
for
you
know,
abuse
of
these
kind
of
kind
of
rules
and
I
I
guess
I
would
disagree
somewhat.
I
think
that
we
actually
have
to
assume
that
everybody's
acting
in
good
faith
for
these
rules
to
to
work
effectively,
there's
always
the
potential
for
for
abuse
and
I.
Think
I
think
you
know
all
of
these
standards
of
governance
that
we've
been
talking
about.
J
Then
another
question
is
about
the
due
process.
So
what
kind
of
due
process
other
cities
have
in
terms
of
Investigation
so
that
this
perceived
infraction?
Because,
as
we
have
seen,
even
the
Civil
grand
jury
report
makes
incorrect
statements
because
they
are
based
on
one
parties,
hearsay
and
when
there
is
no
cross
examination,
things
could
be
perceived
by
one
person
to
be
a
violation
when
it
is
not
so
how?
How
what
other
City?
What
processes
other
City
have.
K
J
Yeah,
that's
true,
because
I
think
often
I
was
accused
of
something
even
by
the
fact-finding
report.
I
have
no
idea
what
they
are
accusing
me
of,
because
there
was
no
time
or
date
or
context
of
the
accusation,
because
it
was
only
based
on
some
interview
without
any
transcript
described
by
a
third
person.
So
it's
all
very
confusing,
and
then
the
public
now
are
using
those
third-party
interview.
Description
to
attack
me
I
think
we.
This
puts
the
city
in
liability
if
we
allow
this
to
happen.
K
Yeah
I
mean,
with
respect
to
I,
mean
ethics.
I,
think
that
you
know
both
the
current
and
the
2018
ethics
policy.
Any
any
any
action
on
on
violations
would
like
would
be
driven
by
Council,
and
so
you
know
that
you
know
so
that
that's
that's.
Who
would
make
the
determination
as
to
whether
a
violation
exists.
L
As
I
was
going
back
through
the
the
2018
code,
it
strikes
me
that
there
are
a
number
of
places
where
you
know.
One's
interpretation
could
make
a
very
significant
difference
in
terms
of
whether
something
is
perceived
to
be
a
violation
or
not,
and
it
puts
me
in
mind
of
things
like
various
legal
restatements,
where
there
are
lots
of
comments
that
delineate
where
the
sort
of
Upper
and
Lower
bounds
of
a
particular
issue
might
be.
Is
there
a
way
that
you
could
incorporate
that
sort
of
system
in
order
to
illustrate
examples?
K
Yes,
yeah
I
mean
I,
I
I
mean
I,
think
it
depends
on
the
specific
rule
you're
talking
about,
but
I
I
had
a
similar
process
as
the
thought
process
about
some
of
the
the
statements
in
there
I
mean
they're
it's.
They
are
General
statements
of
principle
that
are
not
necessarily
precise
and
and
again
I.
Think
that
goes
to
the
comment
I
made
in
response
to
council
member
Chow's
question.
A
C
B
Good
evening,
Council
and
staff
I
would
like
to
suggest
that
the
ethics
policy
should
apply
to
everyone
elected
appointed
and
staff.
That
way,
everybody
is
playing
by
the
same
rules.
Training
is
critical
and
needs
to
be
done
before
people
are
allowed
to
participate,
especially
newly
elected
appointed
and
hired
people.
B
B
Campaign
endorsements
should
not
specify
a
city
or
Council
title.
It's
a
personal
endorsement
not
supported
by
the
city
and
in
the
2018
ethics
policy.
I've
in
my
email,
I
specify
exactly
where,
but
the
mayor
should
not
be
the
sole
decision
for
starting
an
investigation.
It
uses
public
funds
and
staff
time,
so
it
should
be
discussed
in
public
and
voted
by
the
council
in
public.
B
B
This
adds
transparency
and
confidence
that
the
vote
is
unbiased.
Also
often,
council
members
have
day
jobs
and
I'm
impressed
that
they
have
a
day
job
and
a
council
job.
More
and
more.
These
jobs
can
touch
upon
topics
and
issues
that
our
city
of
Cupertino
concerns
examples
of
possible
employment,
conflicts,
a
council
member
represented
or
is
representing
a
company
or
organization
within
the
last
year
or
five
years,
a
council
member
is
employed
by
another
city,
which
we
have
a
case
right
now
and
is
assigned
on
a
commission.
S
S
S
C
V
All
citizens
of
Cupertino
are
entitled
The
responsible,
fair
and
honest
local
government
Guided
by
a
strong
code
of
ethics,
elected
officials
off
officers,
employees,
members
of
the
committee
and
volunteers
and
stewards
of
the
community
should
comply
with
the
law
of
the
nation,
the
state
and
the
city.
They
should
perform
their
duties
with
integrity
and
respect
for
one
another
staff
and
the
public.
Their
actions
should
be
done
with
objectivity,
professional
competence,
confidentiality,
professional
Behavior.
V
C
W
Thank
you,
I'm
Louise
sadati
I've
been
a
resident
of
Cupertino
for
38
years
good
evening
and
thank
you
so
much
for
your
service.
Please
follow
the
recommended
action,
since
that
is
consistent
with
the
Civil
grand
jury
recommendation,
as
well
as
the
recommendations
of
the
city's
internal
auditor
auditor
and
the
independent
investigator
I've
heard
some
a
talk
from
council
member
Chao
saying
questioning
the
validity
of
a
grand
jury.
But
the
grand
jury
is
the
law
of
the
land
Across.
W
The
Nation
and
one
can
complain
about
the
way
the
government
and
our
laws
are
set,
but
that
is
the
law,
and
the
current
two-page
policy
adopted
in
2020
is
a
minimal
token
policy
with
no
enforcement
Provisions.
By
contrast,
the
13
page
2018
policy
was
comprehensive,
with
enforcement.
Provisions
IT
addresses
not
only
only
city
council
but
also
appointed
officials.
W
A
previous
Council
rescinded
it
in
January
2019,
leaving
the
gaps
noted
by
the
grand
jury
and
private
investigator
training
and
comprehensive
guidelines
based
on
the
best
practices
are
necessary
for
good
governance.
The
2018
ethics
code
provides
good
guidance
of
guidance
lines
with
best
practices
and
is
consistent
with
the
grand
jury
report,
which
is
the
law
of
the
land,
the
independent
investigator
and
the
Enterprise
leadership
assessment
report.
I
think
the
city
has
gone
above
and
beyond
in
making
sure
that
it's
proceeding
in
a
very
thoughtful
manner.
W
The
council's
role
is
to
provide
direction
to
staff
as
well
as
commission.
It
was
suggested
by
commissioner
child
that
the
ethics
code
should
be
held
off
until
the
commission
could
give
feedback
to
the
council.
This
is
a
very
confusing
since
that,
commissioner,
has
not
submitted
required
forms
in
a
year,
so
I
really
feel
that
the
ethics
code
needs
to
proceed
promptly
without
any
delay.
W
C
X
Good
evening
City
Council
Members
mayor
way
and
City
staff
I'm
speaking
on
behalf
of
myself.
Only
tonight,
though,
I
am
a
commissioner
on
the
parks
and
rec
Commission
first
I
had
a
question.
I
was
confused
in
the
staff
report
where
it
said
the
top
responses
to
the
survey
were
integrity
and
honesty,
proper,
efficient
use
of
public
resources,
responsibility,
community
service
and
fairness,
I
read
the
survey
and,
it
seems
to
say,
based
on
the
graph
I
saw
that
respect
for
fellow
officials,
staff
of
the
public
was
at
63
percent.
Which
is
higher
than
fairness.
X
So,
if
someone
at
some
point
could
answer
this
question,
that
would
be
helpful.
Second
I
support
bringing
back
the
2018
code
of
ethics
as
recommended.
This
would
be
a
vast
Improvement,
a
civil
grand
jury
and
the
subsequent
independent
investigator
stated
the
need
for
this
or
a
similar
action.
A
code
of
ethics
should
be
comprehensive
and
include
requirements
for
compliance
and
enforcement.
X
Last
I
support
council
member
chao's
idea,
which
you
stated,
which
I
believe
she
stated
this
evening,
which
is
to
remove
Commissioners
that
do
not
follow
the
fppc
reporting
requirements
each
year
in
a
timely
manner,
including
the
form
700s.
These
forms
are
simple
to
fill
out.
I've
done
it
myself
and
should
be
a
basic
requirement
of
being
on
a
commission
council.
Members
should
also
follow
all
fppc
requirements.
X
Council
members
that
do
not
follow
the
requirements
for
filing
all
relevant
forms,
truthfully
and
in
a
timely
manner,
whether
for
their
campaigns
or
during
their
tenure,
should
also
face
City
consequences
for
these
actions.
Thank
you
for
considering
my
input
this
evening
in
your
work
on
behalf
of
Cupertino.
Thanks.
Thank.
Y
Okay,
respected
a
city
council,
sorry
I'm,
like
I,
have
really
bad
cold
and
my
voice
is
dying
so
I'll
speak
fast.
I
wanted
to
call
in
today
to
recommend
that
you
adopt
the
staff
recommendation
of
revising
the
ethics
policy
about
reincorporating
the
provisions
of
the
2018
ethics
policy.
I
think
that's
a
really
good
idea.
Considering
the
bare
bone
version
of
the
ethics
policy,
we
have
right
now.
Y
I
think
it
makes
it
consistent
with
the
procedures.
Manual
makes
sense.
I
think
it
also
makes
sense
to
a
minute
further
to
include
the
recommended
actions
from
the
city's
auditor.
There
was
a
lot
of
good
information
there
based
on
everything
the
auditor
observed
in
our
city
and
I,
think
we
should
adopt
all
of
her
recommendations.
Y
I
do
think
it
should
apply
to
both
Council
commissions
and
staff,
keeping
in
mind
that
it
might
need
to
be
tailored
differently
for
the
three
different
audiences,
but
I
do
think
that
residents
should
be
able
to
expect
the
same
level
of
Integrity,
proper,
efficient
use
of
public
resources
and
responsibility
from
anyone
they
deal
with.
Who
represents
the
city
in
any
capacity.
They
should
be
able
to
expect
that
from
any
of
us,
we've
learned
a
lot
about
proper
governance
in
the
past
two
years.
Y
One
of
the
things
that's
become
really
clear
is
that
a
fundamental
part
of
being
an
elected
or
appointed
official
for
the
city
is
that
when
that
person
speaks
they
represent
Cupertino
residents
not
just
themselves,
and
we
see
that
not
necessarily
being
the
case
in
a
lot
of
commission
meetings
or
Council
meetings
and
that's
a
serious
responsibility.
It
requires
that
officials
take
the
time
to
familiarize
themselves
with
the
issues
that
come
in
front
of
them,
come
to
the
meetings
whenever
possible
and
participate
fully
in
all
the
city
meetings
in
which
they're
invited
to
participate.
Y
I
would
urge
the
council
and
staff
to
ensure
that
the
ethics
policy
includes
language
that
emphasizes
that.
Not
doing
all
that
I
just
listed
is
failing
the
responsibilities
entrusted
into
that
individual
by
the
residents
who
elected
them.
Thank
you
for
your
time
and
for
everything
you
do
for
the
city.
C
Z
Great
I'm
Glenn
fischler,
long-time
Cupertino
residents
and
thank
you
for
giving
me
the
opportunity
to
speak
on
this
subject.
Hello
mayor
way,
vice
mayor,
Mohan,
city,
council,
members
and
staff,
I
can't
imagine
why
we
are
talking
about
reinstituting
something
like
this
and
why
it
was
removed
in
the
first
place.
What
was
going
through
the
minds
of
others
but
I
know
right
now.
Z
I
strongly
encourage
the
city
council
to
accept
the
recommendation
of
staff
to
adopt
re-adopt,
something
like
the
2018
ethics
policy,
which
I
read
and
you
know
improve
on
it
if
necessary.
But
it's
it's
a
good
document.
It's
obviously
very
needed
and
I
strongly
encourage
you
to
take
it
forward.
Thank
you
very
much.
N
Thank
you.
So,
within
the
agenda
packet
there
was
a
there's,
a
draft
code
of
ethics
and
conduct
for
elected
and
appointed
officials
and
I
just
emailed
it
in
to
break
it
out
of
the
packet
to
help
people
locate
it
more
quickly.
It
begins
on
PDF
445
of
the
agenda
packet
and
it's
annotated,
so
I
and
the
annotations
are
from
a
from
a
Christopher
J
and
I
would
like
to
discuss
the
the
comments
that
were
provided
to
the
draft
policy.
N
So
the
first
one
is
under
conduct
of
City
officials,
and
the
comment
is:
is
the
statement?
Is
the
professional
and
personal
conduct
of
City
officials
while
exercising
their
office
must
be
above
reproach
and
avoid
situations
that
create
the
appearance
of
impropriety
Etc?
There's
a
The
annotation
says
delete,
so
that's
the
first
one.
The
second
notation
is
on
the
bottom
of
page
PDF,
447
conflict
of
interest,
the
conflict
of
interest
statement,
number
eight,
has
a
notation
that
says
to
to
delete.
N
The
next
comment
is
it's
placed
on
the
sentence
consistent
with
the
law
decision
makers
will
not
use
their
official
positions
to
influence
government
decisions
in
which
they
have
a
a
material
financial
interest,
B
an
organizational
responsibility
to
or
personal
commitment
to,
others
that
creates
a
conflict
of
interest
or
the
appearance
of
one
or
c
a
strong
personal
bias.
As
to
one
party
or
position,
the
notation
says
this
expands
potential
conflicts
of
interest.
Council
should
discuss
so
I'm
not
going
to
go
through
all
I
mean
I
can
I'm
running
out
of
time.
N
I
have
three
minutes,
because
there
are
many
notations
in
here
and
I.
Don't
know
if
everyone
had
an
opportunity
to
look
at
them,
but
I
think
it
would
be
great
if
we
could
bring
this
item
back
here.
The
here
the
the
comments
about
each
one
of
these
items
within
the
2018
draft
policy
and
to
get
another
look
at
this,
because
if
we
were
to
say
yes,
let's
go
back
to
the
2018
policy
without
reading.
N
N
You
couldn't
just
basically
willy-nilly
decide
at
a
meeting
that
you're
going
to
remove
people
from
committee
assignments
and
and
whatnot,
and
then,
when
I
looked
at
the
San
Jose
policy,
they
had,
as
I
mentioned
earlier,
three
different
levels,
so
they
had
admonition
which
is
similar
to
a
warning
and
does
not
necessarily
have
an
investigation
to
determine
if
an
allegation
is
true.
That's
bothersome
we're
talking
about
ethics
here,
so
you're
going
to
have
an
admonition
without
going
to
the
trouble
of
finding
out.
N
If
what
you're
alleging
is
true,
that's
that
I
have
an
issue
with
that.
Sanction
allows
the
council
member
to
respond
to
the
allegation,
and
it
is
not
a
punishment
or
discipline.
I
thought
that
was
kind
of
interesting
censure
is
the
most
serious
it's
an
official
statement
by
the
council,
and
it
is
punitive,
but
it
carries
no
fine
or
suspension
of
the
rights
of
the
member
as
an
elected
official
and
there's
a
process
that
you
would
go
to
to
get
to
censure.
N
N
Lastly,
they
have
in
San
Jose
a
council
Paul
policy
manual,
which
has
a
policy
for
making
policies
which
I
thought
was
actually
pretty
brilliant,
so
they've
got
a
policy
for
making
policies
and
they
outline
who
is
allowed
to
then
change
those
policies
so
that
you
don't
find
things
have
been
altered
without
the
council's
knowledge
and
the
Public's
knowledge.
Okay,
thank
you.
L
Member,
this
will
be
brief.
I
won't
be
using
the
whole
time
for
this
portion.
I'll
want
to
follow
up
later,
but
just
by
way
of
reference
to
what
council
member
were
was
referring
to,
I
went
and
checked
the
packet.
The
page,
one
of
the
pages
that
was
referenced
was
447
council
member
more.
Can
you
confirm
that.
N
See
so
it
starts
at
4,
45
and
447
has
a
notation
conduct
of
City
officials.
The
notation
is
says
the
on
for
item
three
there's.
It
says,
delete
I'm,
not
sure
which
aspect
in
there
and
you
know.
Perhaps
the
City
attorney
would
like
to
talk
about
these
annotations
and
what
his
intention
was
for
us
to
do
with
these
and
yeah.
That
would
help.
L
Got
it
okay,
because
when
I
read
this,
it
looks
like
the
draft
ordinance
in
question.
Is
the
original
2018
ordinance
I,
don't
know
if
the
the
comments
are
relevant
to
anything
at
present?
Perhaps
the
City
attorney
can
comment
on
that,
but,
irrespective
of
that,
what
we
are
doing
today
is
is
directing
the
City
attorney
to
return
to
us
with
a
Redline
version
of
a
policy,
so
I
I,
don't
know
that
we
need
to
be
overly
concerned
about
what's
dropping
out
of
this
or
or
not,
because
we're
not
passing
anything.
K
Yeah,
that's
correct,
I
mean
I.
Think
with
any
document
that
would
come
back,
I
mean
I.
Would
I
would
exercise
discretion
to
try
to
revise
language
that
could
be
potentially
problematic
and
then
so.
Some
of
those
comments
reflect
that,
and
there
certainly
be
further
thought
that
went
into
it
before
before
bringing
back
a
final
draft.
K
I
think
what
would
be
helpful
today
would
be
to
get
you
know:
high
level
policy
direction
from
Council,
so,
for
example,
if
if,
if
council,
member
Moore,
if
if
you
thought
that
there
was
some
more
formal
enforcement
structure
that
needed
to
be
be
included,
if,
if
there
was
a
desire
to
extend
this
policy
to
staff,
that
would
probably
require
some
fairly
significant
revisions,
which
you
know
certainly
willing
to
take
on.
You
know
so,
but
those
those
the
kind
of
directions
that
I
think
would
be
helpful
for
us
today.
J
For
the
record
again
and
thank
you,
the
staff,
this
is
a
screenshot
from
the
staff
recommendation
staff
presentation.
The
city
of
Cupertino
did
not
have
any
adopted
code
of
ethics
prior
to
November
2018.,
all
the
years
that
Ross
things
were
on
the
console.
There
was
no
code
of
ethics
and
the
Gilbert
and
all
this
prior
council
members
who
adopted
this
right
before
they
left
the
council
and
it
was
adopted.
J
Right
before
a
majority
of
council
left
and
then
only
and
I
actually
provided
this
information
in
writing
to
the
Civil
grand
jury,
but
they
choose
to
not
include
this
very
important
information.
Rather,
they
provided
this
statement
that
for
a
12
months,
Gap
Cupertino
didn't
have
code
of
ethics.
When
we
have
maybe
about
60
years,
we
didn't
have
code
of
ethics
and
there
are
other
information
I
provided
to
the
Civil
grand
jury.
In
writing.
J
For
example,
the
issues
with
the
2018
code
of
ethics
item
six,
where
it
says
that
this
is
decisions
makers
will
base
their
decision
based
on
the
facts
presented
at
the
hearing
and
the
law.
This
only
applies
to
positive
judicial
decision
based
on
existing
law,
but
for
council
members
who
are
adopting
future
policies.
These
students
apply,
but
that
policy
did
not
distinguish
between
quality,
judicial
and
past
policy
decision.
Item
7.
on
also
says
that
Council
should
rely.
J
So
here
are
the
suggestions.
First,
city
officials
should
include
council
members,
appointed
officials
and
executive
City
staff,
especially
this
Council
thinks
that
the
council
should
value
the
staff
recommendation
highly
and
the
ratio
revise
items
six
and
seven
and
eight
as
I
mentioned
earlier,
and
then
we
should
include
the
due
process
for
investigation
and
for
transparency.
J
An
official
that
has
been
on
the
board
for
five
years
for
the
past
five
years
should
also
disclose
the
information
and
distinguish
between
rules
and
values,
so
that
we
know
which
compliance
should
be
only
on
rules,
not
the
aspirational
values
and
distinguish
between
quality,
judicial
and
policy
teaching,
and
the
mayor
should
not
be
given
the
sole
responsibility
to
determine
whether
there
is
perceived
violation
is
the
real
pilot
is
a
real
violation
of
whether
any
warning
is
necessary.
This
would
to
encourage
collaboration
between
council
members.
A
P
Different
issues
that
have
been
discussed
so
far
just
to
condense,
it
there's
a
ethics
policy
which
is
which
was
approved
in
2020,
and
there
was
one
in
2018.
just
just
looking
at
the
quantity
of
pages.
The
2018
policies
obviously
infinitely
more
comprehensive
than
the
training
to
any
problem.
So
my
thinking
is,
let's
just
take
the
2018
policy
as
the
basis
so
starting
point
and
then
add,
if
you
recall,
all
the
the
grand
jury
as
well
as
the
mass
items
report,
as
well
as
the
independent
investigators.
They
all
said.
P
One
of
the
feelings
in
our
ethics
policy
was
the
fact
that
there
was
no
enforcement,
so
just
to
make
things
simple.
Take
the
2018
policy.
Add
the
enforcement
requirements
because
I
mean
I
think
we
all
agree.
There
has
to
be
some
enforcement
or
some
penalties
for
ethics
violations
for
both
council
members
and
current
Commissioners
and
labor
committee
members
and
proceed
from
there.
P
P
Commissioner,
frankly,
I
I
was
quite
taken
aback
when
I
realized
that
the
Commissioners
were
not
filling
out
the
upon
700
images
in
a
timely
manner.
I
didn't
even
know
that
was
an
option.
I
mean
I.
Think
many
of
us
have
done
it
over
the
years.
Then
we
just
assumed
that
this
is
one
of
the
responsibilities
of
being
on
the
on
the
commission.
So
it's
not
a
choice
that
I
have
to
decide
I'm
not
going
to
submit
a
form
celebrated.
It's
very
basic
and
I.
Think
that's
something
we.
P
You
should
point
out
if
you
are
not
willing
to
comply
with
some
basic
requirements
like
submitting
necessary
documentation.
Maybe
we
should
rethink
our
for
our
roles
as
commissioner,
and
maybe
you
can
do
something
else
with
our
light.
So
that's
that's
it
so
so
it
summarize
mayor
I,
wanted
to
take
the
2018
ethics
policy,
incorporate
the
enforcement
mechanisms
that
have
been
laid
out,
not
necessarily
every
single
action
that
needs
to
happen
and
give
some
broad
guidelines
to
the
City
attorney
who's
going
to
bring
it
back
to
us.
A
A
I,
don't
see
a
conflicting
that
as
elected
officials,
we
gotta
have
higher
ethical
values
than
the
law
bestows
on
us.
We
are
representing
the
people,
we're
making
policies.
We
gotta
have
a
higher
value
based
ethical
standards.
The
rules
has
to
be
there,
but
we
have
to
really
be
willing
to
make
a
commitment
to
adjust
our
thinking
saying
that
we,
in
addition
to
abiding
by
laws,
we
have
a
higher
ethical
standards
required
ourselves.
We
are
called
honorable
child
honorable,
more
honorable
food
honorable
way,
I
want
to
repeat
again.
This
honorable
does
not
describe
us.
A
It
is
obligation
for
us
to
think
honorably
to
make
honorable
decisions
to
say
honorable
words.
These
are
higher
ethical
standards
that
we
need
to
adhere
to.
So
now
we're
talking
about
rules
versus
higher
ethical
standards.
Let's
go
for
high
ethical
standards.
I
really
believe
that
this
higher
Esco
standards
need
to
apply
to
both
council
members
and
appointed
officials.
Appointed
officers
were
a
batch
represents
the
city
of
Cupertino.
A
Well,
I
do
believe
the
staff
have
higher
standards,
but
they
are
have
their
own
higher
standards
to
follow
when
they
are
on
board,
they
have
their
own
boarding
process
and
they
have
unions
and
different
organizations.
I'm
not
saying
we're
not
holding
our
staff
to
higher
standards,
but
I'm
saying
these
I
would
love
that
this
higher
standards
applies
to
council
members
and
appointed
appointed
officials.
The
second
one
is
I
am
listening
to
all
the
council
members.
A
That
would
be
great
I
think
we
could
incorporate
that
into
our
motion
to
for
to
authorize
our
City
attorney
to
incorporate
your
your
recommendation.
According
to
the
input,
what
we're
having
right
now
and
the
second
one
is,
we
do
have
laws
that
Governors
I
do
believe
our
City
attorney
knows
more
about.
A
L
I
would
simply
note
I
find
the
sections
here
under
ethics,
section
6
decisions
based
on
Merit
and
section
7
communication
both
appear
to
already
only
apply
to
adjudicative
decisions,
at
least
per
the
text
of
the
code
of
ethics
and
I.
Think
this
may
just
be
a
confusion
in
terms
of
the
use
of
a
term
of
art.
An
adjudicative
decision
would
be
a
quasi-judicial
decision
to
begin
with,
so
I
mean
I.
Guess
as
long
as
the
language
is
consistent,
maybe
we
won't
run
into
a
problem
there.
K
L
Current
policy,
which
is
resolution
16-137,
so
if
anyone
is
curious,
that's
that's,
essentially
the
the
policy
that's
being
asked
to
be
adapted
and
then
also
for
the
sake
of
the
public.
With
respect
to
our
conversation
about
restatements
legal
restatements,
I've
sent
a
random
selection
from
the
restatement
second
of
torts
about
trespass
to
Shadows,
so
that
people
can
see
what
I'm
talking
about
with
regard
to
clarifying
comments,
and
that
is
all
for
right
now,.
A
D
P
B
A
P
Okay,
so
my
motion
is
to
go
with
the
staff
recommendation
to
direct
the
City
attorney
to
revise
the
city
of
Cupertino
ethics
policy,
to
incorporate
the
provisions
of
the
2018
City
ethics
code,
AS
amended
to
ensure
consistency
with
the
city
council
procedures
manual
and
to
address
recommendations
of
the
city's
internal
auditor
and
to
provide
Direction
on
any
additional
ethic.
Ethics
policy.
P
Revision
and
I
wanted
the
following
additional
direction
to
the
ethics
policy,
one
that
mechanisms
for
discipline,
disciplinary
actions
or
ethics
violations,
as
detailed
in
the
city
council
procedures
manual
be
incorporated
into
the
ethics
policy.
Two
that
a
mechanism
for
holding
elected
and
appointed
officials
accountable
to
timely
completion
of
required
documentation,
including
especially
form
700
researchers.
B
N
For
finding
four,
it
was
a
a
comprehensive
code
of
ethics,
not
only
provides
guidance
and
Baseline
standards
for
ethical
Behavior.
It
includes
sanctions
and
consequences
for
deviations
from
the
standard.
The
city's
ethics
policy
is
generic
and
lacks
enforcement
provision
and
therefore
fails
to
provide
a
framework
to
address
ramifications
for
policy
violations.
N
What
they
recommended
was
that
the
city
should
establish
an
independent
public
ethics
commission,
with
guidance
from
experts
in
applied
ethics
such
as
the
marcula
Center
for
Applied
ethics
at
Santa,
Clara
University,
to
develop
and
Implement
a
robust
government
ethics
training
program
for
all
council
members
and
to
evaluate
a
best
practices,
enforceable
code
of
ethics
and
conduct
policy
that
governs
all
council
members
and
appointed
for,
and
appointed
officials
for
consideration
by
the
city
council.
This
recommendation
should
be
implemented
by
March
31st
2023.
N
4B
is
the
city
should
reinstate
enforcement
procedures
to
enable
the
city
council
and
the
public
to
file
complaints
and
testify
at
public
hearings
to
help
remediate
ethics
violations.
This
revision
should
include
a
procedure
for
public
admonishment,
sorry,
admonishment,
revocation
of
special
privileges
or
censure.
This
recommendation
should
be
implemented
by
March
31st
2023.
It
was
not,
and
the
committee
committee
assignments
were
taken
from
the
council
members
in
May
and
there
was
no
policy,
so
we
still
do
not
have
an
enforcement
process
within
this
policy.
A
N
J
J
Such
as
best
practice
for
implementation
for
accountability
and
bring
back
a
revision
to
achieve
the
ethics
policy
goals,
as
shared
by
the
City
attorney,
taking
into
consideration
the
result
of
public
Outreach
and
public
comments
as
appropriate.
It's
more
General
but
I
think
it
gives
the
city
a
journey
more
freedom
to
include
a
lot
of
the
very
good
research
that
the
council
member,
more
has
done
in
terms
of
in
terms
of
in
the
enforcement,
because
the
2018
enforcement
actually
is
very
messy
and
not
really.
In.
B
N
Recommended
recommendation
for
a
and
four
B
and
4C
from
the
house
divided
4C
is
the
city.
Council
should
engage
a
conflict
resolution
professional
to
help
enhance
Mutual
understanding
and
respect
among
all
stakeholders,
and
that
would
be
helpful
with
regards
to
recommendation
for
B,
where
we
were
to
have
a
procedure
for
public
admonishment,
admonishment,
revocation
of
special
privileges
or
censure
implemented
by
March,
31st
2023.,
so
I
have
that
friendly
friendly
Amendment.
If
you
would
accept.
K
K
You
know
so
we
could
certainly
have
multiple
levels
of
enforcement
and
well,
as
I
noted
earlier,
that
it's
not
clear
that
there's
any
due
process
right,
some
kind
of
notice
and
opportunity
to
be
heard
would
be
appropriate
for
any
enforcement
procedure.
In
my
view,
with
respect
to
4A
I
I
think
that
recommendation
is
a
bit
misplaced
for
a
jurisdiction,
our
size,
it's
it's
it.
It
would
be
very
unusual
for
a
jurisdiction
our
size
to
have
that
kind
of
independent
ethics
body.
K
I
did
do
have
experience
with
that
kind
of
body
in
in
Berkeley,
not
exactly
an
Ethics
body,
but
one
that
enforces
the
local
campaign.
Finance
rules
and
it's
it's.
It
takes
a
significant.
It's
a
significant
resource
drain
even
for
a
you
know,
a
much
larger
City
by
by
staff,
size
and
and
I'm,
not
sure
that
it
always
was
really
effective
in
in
accomplishing
its
goals.
So
I
I
would
tend
to
recommend
against
recommendation
for
a
I.
L
Yeah,
so
just
with
respect
to
the
recommendations
from
the
Civil
grand
jury
report,
we
we
did
file
an
actual
response
to
the
Civil
grand
jury
on
all
of
these
topics
and
essentially
everything
that
the
City
attorney
has
said
right
now.
I
think
is
reflected
in
in
that
response
and
what
the
commentary
was
at
the
time
4C
doesn't
feel
like.
L
It
is
relevant
to
this
motion
and
what
we're
doing
today,
but
it
does
sound
like
it,
is
perfectly
relevant
to
the
training
that
would
occur
later
on
in
the
course
of
the
year
and
sounds
consistent
with
it.
But
I
don't
know
that
it
has
necessarily
anything
to
do
with
with
this.
4B
is
very,
very
close
to
the
request
that
is
already
made
in
the
motion
made
by
vice
mayor
Mohan,
with
respect
to
disciplinary
action.
So
I
I
think
that
that
those
are
generally
already
accounted
for.
A
So
I'm
going
to
move
the
step
recommendation
with
the
following
addition:
directions
of
incorporate
all
three
items
that
Vice
mammal
hand
did
and
add
four
and
add
council
member
Charles
direct
City
attorney
to
incorporate
the
comments
from
all
council
members
and
best
practices
for
implementation
for
accountability
and
bring
back
a
revision.
I
don't
want
to
put
options
revision
to
achieve
the
ethic
policy
goals,
taking
into
consideration
the
result
of
public
Outreach
and
public
comments,
as
appropriate
just
take
out
n
options
yeah.
That
would
be
my
number
four
and
that's
my
subject.
J
J
Our
first
second
that
but
I
would
like
to
make
a
case
for
end
options
so
and
so
yeah
I
didn't
include
any
options
in
my
first
motion,
but
then
I
liked
that
when
City
attorney
I
think
last
time
he
provided
the
options
for
us
to
consider
and
then
among
the
options.
He
also
has
a
recommendation.
I
think
there
is
quite
complexity,
especially
in
terms
of
enforcement,
so
I
think
options
will
be
reasonable
for
some
cases
and
by
the
way
I
appreciate
the
city.
Attorney's
opinion
on
the
house.
J
K
Yeah
I
mean
if
I
could
comment
on
that.
I'd
say
that,
regardless
of
of
whether
that
language
is
is
in
the
motion,
it
if
I
feel
that
there
are
our
unresolved
policy
issues
and
and
adding
options
is
going
to
get
us
more
quickly
to
a
decision.
I
will
make
sure
that
there
are
options
for
for
Council
to
choose
from,
because
I
don't
want
to
bring
something
back
to
council
that
that's,
that's
not
going
to
be
able
to
be
passed,
and
so
sometimes
adding
options
helps
achieve
that
goal.
N
This
is
kind
of
a
kind
of
a
general
comment
about
about
this
process.
Personally,
I
think
that
I
I
think
perhaps
we
should
have
had
a
done
this
as
a
study
session,
with
more
with
more
options
where
we
would
go
back
basically
to
square
one
and
say
what
are
the
problems
that
we're
trying
to
solve
through
this
policy
making
process
and
one
of
them
could
be.
We
don't
want
to
see.
We
don't
want
to
see.
N
Our
council
members
appear
that
they're
using
their
position
to
get
gifts
for
themselves
or
benefits
for
their
their
buddies.
Okay,
that
would
be
a
simple
here's.
The
problem:
how
can
we
go
about
creating
a
policy
that
can
can
address
that?
What
do
we
do
when
something
goes
wrong
there?
Another
one
is
that
we
want
our
commissioners
and
the
council
members
to
feel
like
they're
being
treated
fairly
I
know
a
couple
of
months
ago
we
had
a
commissioner
who
was
removed
and
I
have
to
say
as
a
council
member
sitting.
N
Through
that
experience,
it
was,
it
was
quite
lengthy
and
it
was
it
was
frankly
traumatizing.
It
was
difficult
and
we
didn't
have
a
good
process
for
the
individual
to
be
able
to
speak
and
be
addressed.
So
there's
there's
another
kind
of
problem
there,
so
I
think
moving
forward
when
we,
when
we
get
something
back
if
those
types
of
problems
could
be
addressed,
particularly
with
the
procedures
for
admonishment
or
censure,
sanction
or
removal
of
someone
from
a
commission,
if
that
could
be
addressed
as
well,
I
think
that
would
be
really
beneficial.
N
A
C
A
A
Wonderful,
we
are
moving
to
council
reports
and
comments
and
I
believe
Council
reports
have
been
submitted
and
councilman
Memorial
also
submitted
one,
and
we
have
read
it.
It's
and
substitute.
We
yeah
I
think
that
but
I
didn't
see
council
member
child
71.
Do
you
want
to
take
a
few
minutes
to
report.
C
A
Three:
three:
okay:
we
are
moving
the
consent,
number
items
three
and
approved
the
July
18
city
council
minutes
continued
from
September
6
2023
and
we
do.
We
won't
have
a
staff
report
because
it's
in
the
report-
okay,
so
we're
going
to
open
for
Council
questions.
First
before
we
open
for
public
comment,
I
believe
councilmember
Moore,
you
pulled
this
one.
Would
you
like
to
start.
N
N
N
Among
speakers,
I
would
like
that
to
be
edited
to
say,
State
clearly
that
mayorway
opened
the
public
comment
period,
145
people
requested
to
speak
strike
and
the
following
people
spoke
next
sentence
mayor
way
reduced
the
total
time
allotted
for
public
comment
to
90
minutes,
reduce
the
speaker
time
from
three
minutes
to
one
minute
and
allowed
for
consolidation
of
time.
Among
speakers,
the
following
and
I
believe
it's
82,
the
city
clerk
can
check
how
many
people
I
counted
a
couple
times.
The
following.
N
82
people
were
provided
time
to
speak
and
then
it
would
go
into
the
list
of
the
names
that
spoke.
I
would
also
like
the
minutes
to
include
and
reflect
that
Miland
makwana,
a
member
of
the
public,
spoke
without
being
recognized
requesting
his
son
be
allowed
to
speak
because
he
had
not
been
called
on
due
to
the
truncated
speaker
time.
B
C
W
So
it
seems
that
the
language
of
the
the
minutes
seems
to
imply
some
sort
of
fault
on
those
part
of
the
the
mayor.
Basically,
there
were
like
90
people
that
suddenly
showed
up
and
the
mayor,
as
is
her
right,
tried
to
control
the
available
minutes
that
otherwise
the
minute
the
meeting
could
have
gone
if
everybody
got
three
minutes
could
have
been
a
three
hour
minute,
just
to
hear
comments,
and,
secondly,
the
person
that
Pat
that
was
reprimanded.
W
A
A
We
are
all
deeply
saddened
by
the
past
of
a
resident
whether
he
or
she
lives
in
Cupertino
or
not
I
mean
that
is
undebatable
and
I.
Think
the
respect
for
the
passing
is
always
being
here
and
I
do
want
to
say
that
I
think
our
City
attorney
knows
best
about
what
is
a
bronchiat
violation.
I
understand
there
are
a
couple
one
comments
from
the
public.
A
A
Thank
you
and
to
reduce
to
one
minute
wasn't
the
first
time
I?
Did
it
I?
Did
it
when
I
was
a
school
board
president?
So
it
is
not
a
unprecedented
Act
of
any
preceder
and
I
do
believe
to
respect
the
public
time
and
the
comment
period
is
was
what
I
did
and
as
to
how
many
people
wanted
to
speak,
how
many
people
did
not
get
to
speak?
Why
83
people
spoke?
Some
of
them
may
have
taken
the
five
minute
ten
minute,
because
there
are
five
people
there.
A
C
Yes,
marriage,
so
we
so
Council
policy
is
that
I
as
the
clerk
record
action
form
of
minutes
which
do
not
typically
include
summary
discussions
or
content?
The
public
comment
generally
only
need
include
the
name.
The
person
making
comments,
as
well
as
emotion
and
the
maker
and
the
seconder
of
that
motion.
So
I
feel
that
that
follows
the
policy
that's
been
set
by
Council.
The
transcript
is
available.
An
unofficial
transcript
is
available
on
zoom
on
the
recording,
and
that
has
a
Verbatim
discussion
of
what
occurred
and
as
well
as
the
video
speaks
for
itself.
A
So
I
do
think.
I
will
honor
that
women
is
silence
at
the
end
of
this
meeting
to
respect
a
life
and
a
resident
a
volunteer,
an
active
member
in
our
community
and
I
do
want
to
say:
I
do
feel
the
minutes,
that's
being
corrected
or
edited
by
councilman
Moore
was
pretty
accusatory
and
I.
I
want
to
take
full
responsibility
for
shortened
the
main
one
minute
and
I
do
believe.
A
That's
a
proper
thing
to
do,
and
if
we
want
to
change
how
the
minions
are
recorded,
we
have
to
change
it
for
every
minute,
so
I
want
to
say
we
are
all
very
sad
by
the
passing
of
a
person
who
just
talked
to
us
and
I.
Remember
him
vividly
in
the
meeting,
so
I
do
not
want
to
make
this
a
difficult
situation
for
any
one
of
us
to
say
because
of
the
passing
that
somebody
needs
to
be
to
be
blamed.
Nobody
wants
to
lose
a
life,
we
don't
want
to.
A
You
know
children
to
lose
of
parent
and
we
don't
want
to
lose
anything
and
I
am
going
to
say.
Let's
do
a
one
minute
silence
after
this
item
so
that
we
can
pay
respect,
but
I
do
want
to
end
my
saying
saying
that
it
is
not
easy
to
be
a
presider
whether
you're
a
mayor
or
a
president
of
in
school
board.
You
have
to
keep
the
meeting
going,
make
sure
the
public
time
and
resources
are
being
done,
that
everybody
has
is
say,
but
also
follow
the
rules
and
for
170
something
people
to
say.
A
We
want
to
accommodate
everyone.
It
is
a
very
hard
situation
to
do
and
I
do
believe
that
it
is
very
important
for
anyone
who's
ever
going
to
be
a
presider
to
make
sure
that
we
respect
public
time
and
make
sure
that
we
accommodate
as
much
as
we
could
and
I'm
hoping
that
my
fellow
council
members
will
agree
that
one
minute
and
90
minutes
was
a
good
decision
at
that
time.
So
I'm
going
to
open
up
for
council
member
ciao.
J
Hi,
thank
you.
I
I
think
the
mayor
didn't
moderate,
a
very
difficult
meeting,
pretty
well
and
under
all
the
circumstances,
and
but
I
do
think
I
don't
think
we
should
include
what
happened
after
the
meeting
in
the
meeting
minutes.
That's
not
appropriate,
but
I
think
we
should
acknowledge
that
there
were
this
many
of
people
who
have
signed
up
to
speak,
but
then
we
set
the
time
limit
and
this
many
were
able
to
speak.
Those
are
facts
and
I.
Don't
think
that's
accusatory
to
mention
these
facts
so
I
do
have
a
question.
J
C
B
J
C
The
number
of
I
don't
typically
include
that
information
council
member
Chow,
though,
if
it's
council's
wishes
I
could
I,
don't
even
know
that
I
have
that
information,
because
it's
not
something.
That's
part
of
my
my
practice
to
to
record
those
details
during
the
meeting
I
track.
How
many
hands
are
raised,
based
on
the
nine
minute
limit
of
people
that
have
to
have
their
hands
raised
within
a
certain
time.
But
beyond
that
again,
I
just
record
the
actions
of
of.
J
J
C
J
Some
of
them
who
raised
their
hands
by
nine
minute,
were
not
able
to
speak.
So
that's
a
deviation
from
the
council
procedure.
It's
okay
that
cons
the
mayor
made
that
decision
I
think
it's
just
I
think
the
clerk
then
have
that
record,
because
it's
used.
You
mentioned
that
you
said
that
in
the
meeting
I
think
it's
fair
to
include
that
as
part
of
the
meeting
record.
J
Happy
to
comply,
thank
you,
and
the
last
minute
I
want
to
correct
some
misstatement
by
the
member
of
the
public
on
that
day,
July
18th,
I
think
more
than
half
of
the
public
comments
or
from
Cupertino
residents,
and
they
vast
majority
opposed
that
bill.
The
handful
of
people
who
support
the
bill
the
bill
came
from
outside
of
Cupertino,
so
that
I
think
it's
for
the
record.
We
need
to
correct
that
this
was.
This
is
a
very
passionate
issue
for
our
community
and
yeah.
We
should
respect
the
fact.
Thank
you.
A
N
Seconds,
okay,
thank
you.
I
would
like
to
clarify
something
with
the
city
attorney,
because
I'm
seeing
some
inconsistency,
because
I'm
I'm,
looking
at
the
the
2018
ethics
policy,
be
fair
and
Equitable
in
allocating
public
hearing
time
to
individual
speakers.
But
my
understanding
of
your
interpretation
of
the
brown
Act
is
that
it
is
perfectly
acceptable
for
the
mayor
and
I'm
going
to
assume.
This
also
means
the
chair
of
any
committee
to
shorten
the
speaking
time.
N
The
total
length
of
time
and
the
total
amount
per
speaker
such
that
a
number
of
individuals
who
properly
submitted
their
cards
to
speak,
are
not
allowed
to
speak.
So
does
that
mean
that
I
could
have
been
doing
that
on
on
any
of
the
Committees?
That
I
was
sharing
previously
I
can
actually
prevent
individuals
from
speaking.
If
my,
if
the
total
time
is,
is
inadequate
that
I
set
yeah.
K
I
mean
it's
Crystal
Clear
that
that's
allowed
under
the
broad
Brown
act
that
discretion
has
to
be
exercised
reasonably
when
these,
when
you
have.
You
know
well
over
an
hour
of
public
comment
on
an
issue
even
with
time,
severely
shortened.
It's
it's
just
crystal
clear
that
that's
a
reasonable
exercise
of
that
discretion
and
I
mean
they're
good
policy
reasons
for
for
doing
so,
as
well,
I
mean,
even
but
even
with
those
restrictions
by
the
time
Council
actually
got
around.
To
deliberating
and
voting
on
what
was
discussed.
K
A
large
number
of
people
had
already
left
the
room,
and
so
so
the
the
the
job
of
the
chair
is
to
balance
the
issue
of
of
allowing
people
to
be
heard,
and
certainly
Council
got
a
representative
cross-session
of
many
different
and-
and
you
know
clearly,
you
know
strongly
dis
strong,
strongly
different
views
in
that
meeting.
You
know
so
there
was
there
I,
don't
think
there
was
any
shortage
of
public
interest,
I!
Think
from
a
policy
perspective,
it's
it's!
K
It's
it's
important
to
balance
that
feedback
with
giving
members
of
public
an
opportunity
to
view
Council
deliberating
and
making
a
decision
and
the
later
we
get
into
the
night
that
the
harder
that
gets
right.
You
do
you,
you
just
lose
people,
you
know
even
on
a
topic
with
as
much
passion
as
we
saw
at
that
meeting.
So
so
I
think.
That's
that's
the
balance
that
you
have
to
strike
and
you
know
it's
possible
that
somebody
else
might
have
struck
a
different
balance
than
the
mayor.
But
but
that's,
but
certainly
that's
her
discretion.
P
L
J
J
So
I'd
like
to
know
the
case
law
that
the
City
attorney
mentioned
regarding
this
particular
issue,
because
when
especially
I
think
democracy,
we
want
to
respect
minority
opinion
when
you
have
a
large
number
of
people
who
are
on
one
side
of
the
issue,
a
small
number
on
the
other
side,
if
we
truncate
the
time,
we
might
not
allow
the
major
the
minority
to
be
able
to
have
their
voice.
So
I'm
just
wondering
I'm
curious
about
the
case
law
and
I'd
like
to
make
a
substitute.
The
motion.
If
me.
A
J
So
I'd
like
to
make
a
substitute
motion:
I,
it's
just
simple
I
I,
just
want
to
include
the
number
of
people
who
did
raise
their
hand
by
the
nine
minutes
Mark
because,
according
to
our
Council
procedure,
that's
on
the
record
and
it
was
announced
by
the
city
clerk
at
the
meeting.
That's
it
and
that's
not
I,
don't
think.
That's
a
comment
on
the
mayor's
Behavior
or
not
I
I
would
have
done
the
same
thing
likely
based
on
what
I
know
at
the
time
right.
J
I
think
the
mayor
did
whatever
what
she
thought
was
best
at
the
time
and
but
I
do
understand.
The
people
who
raise
their
hand,
one
was
not
able
to
speak,
would
like
to
be
recognized
in
the
meeting
minutes
so
that
we
should
give
them
that
at
least
recognize.
This
many
people
did
raise
their
hand
by
the
nine
minutes
Mark
but
yeah
and
without
any
comments
just
a
simple
number.
J
N
I'll,
second,
that
and
I
think
it's
important
to
that
that
members
of
the
public
are
aware
that
we've
had
this.
This
change
I
know
many
of
us
were
here:
September,
18th
and
19th
in
2018,
and
we
had
many
many
hours
of
public
comments
and
I.
Think
they're
they're,
rightfully,
should
be
some
concern
if
individuals
are
coming
to
our
meetings
and
they
want
their
voices
heard
and
and
they're
not.
A
So
it
doesn't
matter
how
much
councilmember
Moore
feels
that
people
did
not
get
to
speak
and
I
think
if
anyone
was
presiding.
That
motion,
meaning
would
understand.
I
appreciate,
councilmember
Charles,
understand
that
we
are
not
going
to
listen
to
170,
whether
it's
five
or
seven
minutes.
Okay.
So
that's
just
my
comment
and
then
council
member
froone
slice
first
and
then
you
can
make
a
comment.
Then
we
can
vote.
L
So
I
agree
with
vice
mayor
Mohan
that
I
think
that
we
are
treading
in
rather
dangerous
water.
Here
we
should,
generally
speaking,
only
be
modifying
the
minutes
if
they're,
objectively,
false
or
misleading,
and
to
my
knowledge,
the
clerk
is
usually
willing
to
adjust
them
if
it
is
brought
to
her
attention
in
advance.
J
Comment
so
I
want
to
point
out
whether
this
violates
Brown
act
or
not
is
on
the
agenda
today.
Actually,
the
only
thing
on
the
agenda
is
the
minute
and
amending
the
minute
to
include
a
number
of
people
who
raise
their
hands
makes
no
comment
on
whether
it's
from
a
violation
or
not.
There
is
no
imprecation
of
even
a
violation,
so
I
want
to
make
that
very
clear.
J
A
N
C
L
A
A
L
A
A
J
So
since
it's
been
a
while
anyway,
could
we
put
this
on
the
agenda
for
the
next
council
meeting
the
minute
of
set
in
the?
So
we
can
do
that
in
the
beginning
of
the
council
meeting
I,
think
that
shows
more
respect
rather
than
right
now
and
that's
so
we
can
see
the
city
managers
report
and
then
do
the
minute
of
Silence
in
the
beginning
of
the
next
meeting.
A
A
So,
thank
you
very
much
and
I
just
want
to
say,
I
think
we
all
lose
our
loved
ones
and
we
carry
them
in
our
heart.
They
are
with
us
all
the
time.
So
when
we
move
through
life,
let's
do
doubly
good
things
because
we're
carrying
someone
with
love
in
our
heart.
Thank
you
and
I
would
like
to
adjourn
the
meeting
at
10
46.