City of Cupertino, CA Recent City of Cupertino Meetings, 20 Dec 2022

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From YouTube: Cupertino City Council Meeting - December 20, 2022 (Live Streamed Version)

Description

Coverage of the December 20, 2022 Cupertino City Council Teleconference Meeting.

(Live Streamed Version)

A

B

Thank you reporting in progress, welcome.

C

Everyone to the Cupertino city regular meeting today is Tuesday December 20th, 2022, Madam city clerk.

D

Please roll copies council member Chow.

E

Here, council, member pruin.

F

G

E

Member Moore here vice mayor Mohan, here mayor way here.

C

Thank you um we are going to. uh There will be no ceremonial matters and presentations, so um we're going to postponement the order of the day any post appointments proposed by council members see none will go to the next item, which is oral Communications. This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the council, but not on the agenda. In most cases, state law prohibits the council from discussing or making any decisions with respect to a matter not listed on the agenda.

C

Madam City collect. Do we have anyone raising their hands and a little bit of ground rules. Please raise your hand and please raise your hand within five minutes of public of oral communication, so uh Madam city clerk will call on you and everyone has three minutes. There will be a clock. You can see it. um If you exceed three minutes, you will be muted. So thank you for public oral Communications Madison clock. Please call our Communications. Yes,.

E

Mayor uh so I see uh the first speaker is Marilyn, followed by cetera barcio, followed by Connie Cunningham Maryland I will allow you to talk. Please go ahead.

B

Hi there um can you hear me: okay, yes, my name is Marilyn Beck and I'm. A resident of Cupertino and I want to talk tonight about the future of the Blackberry Farm golf course and before I. Do I want to thank the staff for providing a clear report that compares those two options that were um for the Blackberry Farm Golf Course, so I am in favor of restoring this place for an to a not to a native habitat.

B

um I came up with several reasons. Why I feel this way, some related to people, others relate to Nature. First for people you know making this space a native habitat means it's open to all, rather than available only to paying customers and also urban areas. You know, as we all know, they're stressful places and studies show simply looking at trees can reduce stress.

B

When we talk about nature, you know golf courses are green, but unfortunately the turf doesn't provide food for insects and birds and that Turf uses water that we really don't have. As we all know, grass needs fertilizers and herbicides that destroy biodiversity and probably run off into that Creek uh right beside it. Converting the golf course to native plants will add habitat value to the to this Creek Corridor, which is important for wildlife.

B

Good quality habitat is often threatened and fragmented in the South Bay you know, and speaking of animals studies show. Birds are in serious decline.

B

Planning native plants, including native oak trees, on the golf course would bring more food to our birds that are to these Birds, because native plants host all these caterpillars, more caterpillars and non-native plants, baby birds, feed on caterpillars or butterflies and moths I think we think they live on seeds or berries but or sugar water. But it's not true. If we don't have caterpillars, no baby birds, one more thing: planting native plants in the city parks normalizes them.

B

So when people see these plants and see the benefits they provide like I've described, then maybe they'll consider putting them in their own yards. Those plants will use less water and provide more habitat value.

B

So I asked city council. Please consider these comments when you consider what to do with this precious land. That's currently the Blackberry Farm golf course. Thank you.

E

Thank you Marilyn. Next, uh we have satara followed by Connie Cunningham, followed by Jennifer Griffin I know. uh Sayara is also going to speak and you're having trouble raising your hand, um so I'm just going to call on you because I believe you're speaking as a group with satara, so I will go ahead and do that now and I'm also asking you to unmute.

H

Thank you so much. This is sayuri farsio I'd like to welcome all the new members to the city, council and happy holidays. Thank you for this opportunity for allowing us to speak.

H

um I did email this earlier regarding uh the taemon nation. Thank you, um Kristen for sharing this with everyone. um As some of you know, we've been working very hard on this project. Alan Rowe for the past three years, we're so grateful to um to the city. uh Pambu has been a super super support of this project. Thank you and all the council members from the before we are where we are today. After three years, we finally got our permit we're having a major issue with Cayman Nation. Yes, we did sign the contract.

H

We were forced by the city to sign this contract. We were told if we don't sign the contract, we will not get our permit. I, don't believe this city had any idea that Daemon a nation will be charging us. The fees and I have shared the contract and I have shared also the condition that the city provide us. We are more than happy. We are delighted for attainment nation to be there 24 7 they like to be there they're monitored to be there, but we cannot afford to pay them. We are they.

H

This, um if monitor, is coming from Fresno he's charging us from the minute he's leaving his house by the time he gets there, we're paying for his food, we're paying for his hotel, we're paying for everything we can't afford it so I'm coming to the city I'm asking please look into this. Please help us finish our project on time.

H

We cannot afford this whatsoever and I really like to know what other project came in nation is doing this we're very small, we're family-owned business, and we truly cannot do this and whatever resolution that we could come to whatever ideas, the city may have um I very kindly ask to look into it. This is the medication we have it up, there's nothing about us paying this kind of money and we really can't afford it. We did speak to their chairwoman and she basically said I will shut you down.

H

If this monitor is not there and if you're not paying them, there should be a said limit. I, you know I'm proposing five thousand dollar, not a penny more. My first choice would be. We don't want to pay for this. Why should we pay for this? They want to sit there. They believe there is valuable items there, they're more than welcome to stay I don't want to be paying for their employee um while they're there and we're totally against it. So I appreciate your time. I really ask you for reconsideration.

H

I think the city is dealing with this for the first time. So perhaps they don't know how to uh proceed with this Damian Nation. uh You know once again, we did sign the contract. We were forced by the city, I, don't think the city had any idea that they were going to be charging this kind of money. Sending somebody from Fresno I appreciate your time, I'm going to turn it into Satori since we're with the same company and I'm sure she has her words to say: Satori are you there.

E

uh Let me just um allow him to speak. Okay, go.

I

Ahead, sitare, okay, hi good evening. Everyone first of all, I want to congratulate the mayor and the new council members, um I'm Satori farcio I'm, Ali, muzaffari's wife, and for Allen Enterprise, saira and I. My sister. We are both a VP of the company. As you know, we are very family. A small business and my husband Ali's been doing project for past 43 years and he always says the hardest project he ever had. It was Cupertino and it took us. You know we love Cupertino. We love the community.

I

It's just been challenging, of course, because of the covet and because of all this stuff, but we really want to do this project and every time something comes up, and especially with this, we really didn't plan the budget.

I

For that, and it's going to be challenge for us and like what sayura says, they're welcome to be there 24 7, whatever they want to do, but we really don't have the money to afford to pay someone from Fresno coming and at least saying he just sit in the car and smoking all the time just sitting and watching us, and there is nothing there and I think I believe that the last meeting we had with the city members, they said they did a lot of construction for past 10 years over there and they didn't find anything.

I

So this has just been. You know it's just wasting money for us, so I'm asking and I'm really basically won your effort and help to support us and to see how we could um solve this issue, because this is new to us and we really don't have a budget for it, and we just need your help and see what we could do um to not to have these people I mean, like Sayer, said: they're welcome to be there. We just don't afford to pay them for this many money. Thank you all.

E

Okay, thank you sayara and satara. So um our.

C

Medicine in clerk may ask a clarification, questions.

D

Oh you're, the mayor, absolutely yes, I.

C

Like to ask the clarification questions, how much are you estimating that this whole thing according to, if it goes down, will cost you.

E

So I think um sorry.

I

About that here we go. uh My husband Ali thinks it's going to be around twenty five hundred thousand dollars: 250., that's a lot of money and they and the guy that comes. He comes from Fresno and he charged 125 dollars per hour, leaving his house being at the project. He charged one uh 500 per hour and they finish up the card, the employees we started.

I

Finally, congratulations to us and you guys we got the approval and we started construction and he was there the first day and they finished up at two o'clock and Ali asking my husband ask him to leave.

I

um He said no I'm going to be here until three o'clock Ali says there is nobody's here digging and we are done. He said no I'm here until three, because I get paid by three and Ali contact. His manager, um I I, can remember her name right now and they said no. He has to be by three. Otherwise I will close up your um construction. You cannot do any job I. Will you know I will stop your job okay. So here he comes at seven again and now he's this thing at the hotel. Here.

C

Okay, thank you. Thank.

I

E

uh So our our final speakers will be Connie: Cunningham, Jennifer, Griffin, Neil, Park, mcclintic, rajat, mendirata, Gene, Bedard, Peggy, Griffin, Deborah, timmers, Louise sadati and our last final speaker will be Janet benzoren. So uh welcome Connie.

E

And you'll need to mute yourself Connie good evening.

J

um Mayor way, vice mayor Moen and the council members, my name is Connie Cunningham I've been here resident, 34 years. First, congratulations mayor way and vice mayor Mullen, um and welcome to council member J.R fruen and to the entire Council um tonight. I wanted to talk about biodiversity on November 15th on December 6th I spoke to city council about this topic, and tonight is a good time to discuss the interaction of the draft housing element and the climate action plan 2.0 to protect biodiversity.

J

There is an international call for planting native trees, plants and grasses to protect biodiversity. Environmental Advocates advise the protecting biodiversity. Excuse me and the climate action plans are equally urgent pillars. They will produce a combined effect greater than each working alone. The climate action plan is part of the draft housing element. Some governments are beginning to think about housing inside climate action plans, the abstract of an acsp published article Angelou at all 2022 States in park.

J

We find that Equity language correlates with an increased presence of more systemic policy interventions such as dense and or affordable housing in climate action plans. um Cupertino has a strong organizational structure for sustainability. The sustainability team resides in the city manager's office and oversees the climate action plan. Secondly, there is an environmental programs team that resides in the public works department. Thirdly, there is a sustainability commission that provides advice to city council throughout cupertino's planning documents from the general plan to the housing element to the Parks and Recreation master plan and cupertino's climate action plan.

J

2.0 city leaders and residents have expressed strong environmental goals, particularly mentioning parks, open space entries. A search for the word tree would find dozens of references there. These documents also include the goal of equity that all our residents, including low-income residents, will benefit from all the changes being planned. The search for the word Equity would find dozens of references kudos to council who had a 2022 work program item for analyzing, the future of Blackberry Farm golf course.

J

It included an option to restore nature that our Council thought in such terms is a testament to the values of this community. What can the city council do? Two things to protect? Biodiversity include a goal of 80 percent California, Bay area native trees, plants and grasses in the goals of the general plan, the housing element, the climate action plan and the parks and rec master plan and, secondly, in 2023, approved, restoring nature option b to Blackberry Farm golf course. Thank you so much for the time to speak this evening.

E

Thank you Connie. Next we have Jennifer Griffin, followed by Neil Park mcclintic, followed by rajat Smith.

K

uh Thank you, Kirsten hi, I'm, Jennifer, Griffin, happy holidays to everyone. um I was prepared tonight to come down to the city council chambers, because I'm very eager to come back to participate with my city council.

K

um In a public forum, uh we've had zoomed for two years we have successfully Incorporated hybrid. We have a very, very good I.T Department in Cupertino. I am astounded that we did not have a hybrid meeting tonight or an in person tonight, because I want to get to know my new city, council, members and I want to participate with them interactively in our city, council chambers.

K

Can you all discuss why we did have a hybrid meeting tonight and then, as we're going back, other cities are go in the Bay Area are going back to in person and we've a lot of this have chosen to be completely vaccinated and we are ready and willing to come back and participate with our city and our Democratic process, but I. We have to do that in our city council chambers, in our city. So if you're going to have the January third meeting, let's have it and let's have it in person.

K

um I trust our I.T Department I believe that they can have a hybrid meeting. um So we probably need to discuss that because I see no reason for us not to be in council chambers in January February March. There is zero reason not to, and if we are not going to, then there has to be an explanation as to why, because I would be feeling that the public would being excluded from their Democratic process of interacting with their city council members that they have elected in their city, council chambers.

K

There was a time to have zoom during the pandemic, but the pandemic is passing. We are now into a new year, so we need to be in person in council chambers. If someone needs to be out. Okay, great we've got Zoom, you know it's a wonderful, wonderful company, but we need to be back in and do our business in Chambers.

K

So if you could all discuss why the decision was made tonight to not be hybrid I would feel more comfortable that the city is making sure that their citizens, residents of the city, know that they can participate in public in their city. Council chambers, thank you.

E

Thank you Jennifer. Next we have Neil Park McClintock, followed by rajat Men durata, followed by Gene bedork, welcome, Neil and I believe you have uh I'm sharing my screen for you. Yes,.

L

Thank you very much. um Could I also borrow two minutes from rajat um and then two minutes from Deborah if she's there as well um I, don't know if there's a cat, but maybe just two minutes as well from Yvonne, if she's also present in the zoom.

E

So uh mayor would, please confirm I believe we have up to 10 minutes. That's.

C

L

Okay, um I think that comes out to 10 um and I should have approval from them all ahead of time as well, so um I think I can do it under 10 as well.

E

Okay, your timer's set for 10 minutes Neil great.

L

um Hello Council uh mayor staff, uh City, Clerk and city manager uh today, I wanted to talk about um the housing element draft uh which was released to the public a few weeks ago. uh The feedback period closes on December 23rd, but this is the last council meeting prior to that feedback period. Closing next slide.

L

So you all know how the housing element functions, so I don't need to go through this too much, um but we talked with members of the community, both internally and outside of our organization as well uh to arrive at some of these different feedback ideas for the housing element draft. Hopefully this is helpful too uh to the city council and to the new consultant team heading into this new period. As we take another look at our housing element draft as we prepare for submission next slide.

L

This is how the current housing element draft is structured. um I. Imagine a lot of this will change, but for now it's divided into six different sections. um It is a variation of what hcd requires. It has all of the different components that hcd asks for, um and so that's good uh next slide.

L

So uh when reviewing this housing element draft, there are a number of different things that came up. um Portions are incomplete, there's a lot of context, that's missing um and I. Imagine a lot of that will get fixed with this new city council, as well as with the new consultant team, um but to guide some of the more uh content-based issues. uh This is a compilation of feedback, and so, in particular, looking at the goals and policies section um which is required by hcd, in which this draft does contain, but is a little bit insufficient.

L

So the first recommendation that we would provide is to create some more clarity, because much of the content doesn't make sense, because it is not clear the difference between what a goal, a strategy or a policy is is not very clear, and so, if you're, a member of the public, it's hard to discern and hcd will probably have that same issue as well. It would be ideal to create a very clear understanding if the city chooses to use this framework of goals, strategies and policies. What the difference exactly is.

L

um Additionally, another recommendation would be to to focus on Crafting new policies. Many of the policies that are in the draft are things the city is already doing. Many of those are great policies and programs, but it's also important part of the process to implement new things too. Beyond the status quo, we can go ahead and look at other cities in their successful housing element drafts.

L

For example, the city of Emeryville was certified on its first submission by hcd and is even going for a pro-housing designation, and so they have some great policies that are worth looking at. That Cupertino could consider as well next slide.

L

Another recommendation is just for the the policies that are mentioned in the housing element draft. They could be strengthened most certainly so. For example, there's a carve out for the parking reforms such that the parking minimums. uh The reduction in parking minimums only applies to sros and Studios. um There's no real need to actually create that distinction. In fact, it might run afoul with state law on parking reform and so expanding where we're looking at reducing parking, which takes up a significant portion of land in the city would be ideal.

L

That's just one example: there's other carve outs that seem unnecessary too for having an ambitious housing element. Another recommendation would be to sort of structure, policies and programs around communities that we know live here or sorry, not that don't live here, but spend a lot of time here, such as dance at college students, teachers, service workers, Etc. The draft doesn't really talk too much about daytime residents and in terms terms of looking at like who were where we're not currently serving.

L

uh That would be the non-residents who spend a lot of time here during the day next slide. So here's a visual representation of the current policies and programs in the draft so orange refers to new policies. um Sorry, the arrow is messed up there. um The blue is the goals that are set out in the draft. Purple are continued policies or programs and red or new policies or programs, but they're required by state law, so they kind of have to be in there.

L

So we should be mostly focusing on the orange here the introduction of new policies, and many of these are good, it's great, to see some some progress being made on them, but some of them also have a number of asterisks on them, because I think there's a lot more work that could be done on them. For example, when we're talking about streamlining adus further, the approach by which we take determines whether or not it's actually a new program or policy.

L

Ideally, we should be looking at how we can create a menu of options for property owners so that they can easily choose the ad that they want to construct on their land.

L

Additionally, when you look at say the Porsche that explores lowering fees for building homes, there could be more clarity and more structure on how we approach that it is a little bit vague at the moment um and uh additionally, yeah. The many of the policies are just continued things and, if we're just continuing what we're already doing, then we're not going to meet the requirements and we're also just not going to meet the housing needs in our community too. Next slide, you can see this continued here as well.

L

A copy of this presentation will be sent, but I'm not going to go through every single program and policy, but you can generally see these are summarized versions, but it's mostly old policies that we already do and some of them too I question whether or not we're actually doing them. For example, there's pieces that talk about continuing Emergency, Shelters and a rotating homeless, shelter I, don't believe we do that.

L

We offer a safe parking program at the church, which is fantastic, but it seems a bit disingenuous to suggest that we operate a rotating homeless, shelter, um so yeah pieces of this also just aren't true next slide, so some sample policies that we could use to uh to start the conversation with when we're adding more content to this draft, uh one example of a sample policy is adaptive. Reuse.

L

Another example is live or work unit, so looking at programs and policies that could provide options and how people want to live here and how they're able to live here and making the process easier for those who are interested in building these types of units. Next slide, um family friendly housing is another example, um and so with family friendly housing. This is something that was borrowed from the city of Emeryville.

L

It's totally something that we can include in our draft as well, and it would be very applicable for the city of Cupertino, since we have many multi-generational households, another sample policy would be uh what Mountain View calls Trejo the tenant, relocation, assistance, ordinance, and so essentially, what the city would do is actually provide financial support for people who need to move or relocate, as well as direct intervention in certain instances for larger displacements, too.

L

um Definitely would look at the city of Mountain View for for how to approach that next slide. um A few other sample policies, a rental preservation program, I, know that this city cares a lot about Resident engagement. One way we could boost resident engagement through a sample policy would be to actually change the structure of our body so that renters, um so that renters have a place on each body.

L

Many of our commissions don't have any renters on them or BMR residents for that matter, next slide, and then, if we're feeling really ambitious, there's even the possibility to seek a pro-housing designation, which basically would require a lot of effort, but it would mean that we would receive additional support from the state for achieving some of our bigger and more ambitious goals.

L

Next slide um a lot more feedback here, but in general, looking at how we can provide a regional context here, um we know that the demographic we're missing most in this community compared to some of our neighboring cities, our Latino latinx residents, where we only have three to four percent versus our neighbor San Jose, which has about 30 percent same with Santa Clara and a similar value as well in Mountain, View and so figuring out how we can open doors for those families who might want to live in Cupertino from that Community is crucial in terms of framing this document.

L

There's a lot more constraints that should be identified too. The list is fairly short at the moment. For example, nothing is mentioned about local controller neighborhood opposition and regardless of where you find yourself on that Spectrum, it has to be admitted that that is an impediment, because it creates a lot of time for achieving these ambitious goals next slide.

L

um Additionally, one issue that isn't really explored uh in the needs analysis is our missing age. Demographic. If you look at the figures in the draft you'll see that we have very few folks who are between the ages of 20 and 30.. It's a core demographic. We are missing because they don't want to live in Cupertino. They move out. They can't afford to Etc. um So there's a lot more work. We need to do in terms of that community, that is the age group that we have most lost in Cupertino over the years.

L

If you look at the figures, um next slide um there's a lot in terms of site inventory, but much of this has been mentioned before I see the time, but in general reducing the pipeline project Reliance.

L

If you look at the Hamptons at 600 units, I, don't know why we're placing so much Reliance on something that's unlikely to be built um and uh for the rest, uh next slide, yeah in general, uh returning to Our Roots as a Transit oriented as a potentially Transit oriented City, where much is concentrated in the heart of the city as well, would be great for envisioning, the future of Cupertino on that note I'm out of time, but there's a whole list of these options that we can explore in the materials provided. Thank you.

E

Thank you, Neil, uh okay. So um next we have Jim Midori welcome, Gene.

M

Good evening, mayor way, vice mayor, Mohan and council members pleasure to have new leadership on the Deus. My name is Gene bedord and I'm a long time, Cupertino resident I'm, commenting tonight on yesterday's grand jury report entitled A House, Divided, Cupertino, city council and City staff.

M

This is a long overdue examination of the dysfunction that I have observed over the last four years, with the better Cupertino Council.

M

In addition to the well-documented revolving door of city managers, there's been an abnormally High turnover rate of City staff directly from the grand jury report, half of the planning, Division and 60 percent of the senior staff man staff have left the city since January 2022., that's just this year, then much of the turnover was due to some council members, contentious behavior and direct interference with City operations and staff assignments.

M

This was described as councilmanic interference, which is a violation of the city manager form of government established by the Cupertino municipal code. Furthermore, such violation of the code constitutes a misdemeanor. The report details. Instances of this Behavior, though many of us attending City Council meetings, are very.

E

Thank you, Gene, and so our final speakers will be Peggy, Griffin, Louise, sadati and Janet Ben zorin, the rest I apologize, but your hands were not raised before the first five minutes elapsed. Welcome Peggy,.

N

Mayor way and council members, people's actions speak louder than their words. Mayor way, you have talked about transparency, respect and working together, but your actions, this past one and a half weeks, have contradicted this before you were even elected as mayor, you acted as if you had the power by calling and trying to remove a council member from a committee before you were elected mayor, someone overheard you being congratulated for becoming mayor.

N

It obviously had already been decided before. The item was discussed in public at the December 9th council meeting before it was discussed with all the other council members. You directed staff to give up the council, the city council office, without even discussing it with your other council members, a council member 's job is long and hard, and some people need a quiet place away from their home. To do this important job, not everyone can set aside a room in their home and they shouldn't have to.

N

This should have been discussed with your council members in public on the dice to avoid Brown neck issues and to give them the respect they all deserve.

N

I hope by pointing out these issues now that in the future, you will communicate better with the other members of council and that it will be done in public on the dice. Thank you.

E

Thank you. Peggy next is Louise sadati final, uh followed by Janet benzoren welcome, Louise.

O

Hello, can you hear me? Yes, okay, wonderful um I'm, uh I'd, like to speak on a very different note than the previous speaker. I want to speak on a positive note, so basically I would love to welcome this new Council and um I. Thank you all for your service to our city and willingness to sit for hours and hours and multiple meetings and dealing with difficult issues and frequently only hearing, complaints and criticisms, and so I I wanted to take the opportunity to um to say some positive things.

O

I am excited that the city will move forward in the collaborative manner collaborative manner with all all the residents, the city staff and with different opinions among council members, Commissioners everybody.

O

um The uh I, want to give some shout outs that I don't get cut out uh I. My first shout out is to Liang Chao.

O

She I found her to be very receptive when I was a resident and approached her about ardolas. She was very involved.

O

Very hard-working I just find her to be exceptionally hard working and um that yeah this really a shout out to Liang a shout out to hang Wei, who I also found to be extremely receptive and amazingly always positive and working in a collaborative manner, kudos to do, and also incredibly hard-working amazing, Sheila Mohan, uh your Keen experience and expertise in finance, shines forward uh and uh I think you will be a formative formidable new addition, as a council vice mayor uh and J.R fruen I think a lawyer with fast experience in housing and a love and involvement for uh since he was born, and especially the last few years last decade uh or two uh for Cupertino and finally Kitty Moore I.

O

We made multiple attempts to contact her, but we never did get any response to our multiple Outreach from the dollars, but uh but she still gave us three points in the work plan so I. We appreciate her being willing to give the dollars three points.

O

So uh shout out to you for that and finally, I want to give a shout out to the city staff, because I have been working with the city staff for um for several years and I have always found them to be extremely professional, very helpful, just wonderful, even to a lowly resident, a simple resident with no title. The first person.

E

I'm, very sorry, Louise your time had elapsed and our final speaker is Janet van zorin. Once again, if anyone else has their hands raised, you have missed the cutoff of the first five minutes um to have your hand raised so I apologize in um Janet welcome.

P

um First I would like to say that I'm very happy with the new Council I'm excited to see that Sheila and Jr have been welcomed to the council. I'm happy to see that Liang is is still on the council and I'm very pleased with the the appointment of hongway as mayor and Sheila, as vice mayor I wish you all the best and I love seeing a diverse Council, because that means we're going to be discussing all sides of issues and I just think. That's an exciting way to move forward.

P

um Now for my comments, my comments are with regard to the draft of the housing element. um I have I do have, unfortunately, some concerns about the draft that um I've just been looking at um on page 1-7. It talks about the effectiveness of the previous housing element and when you look down through that list, you can see that no units of extremely low or very low income were built with a preference to House people with developmental disabilities during the past eight years um or even before.

P

That so I think that's something that that really needs to be changed in the new Housing Development, so that we can find housing for these individual individuals.

P

I just wanted to point out that the affirmatively, further fair housing component- that's talked about in this um in this draft- does indicate that I mandate that there's a mandate for each jurisdiction takes um that it take meaningful action to address the disparities in housing needs and to access opportunity. It also points out that added to the affirmatively, fair, furthering fair housing concept was an amendment to include familial status and disability.

P

um It's it's of concern to me that um there doesn't seem to be any specific indication of the needs of people with developmental disabilities, and there also is, unfortunately, no link between the needs and opportunities, new opportunities for housing and ways to create that housing.

P

I also found it frustrating to see that for many other special populations requiring affordable housing that there was also no specific link between their needs and the housing that is to be built in in correspondent and.

E

Janet I must cut you off um and so mayor I will hand it back over to you.

C

Thank you, mother city clerk, for um your name, you know institution of this uh public comments. I want to really thank all the public who have participated in the oral Communications now I'm going to close our communication part of the meeting and going into um Council reports. My fellow council members do you have any if you have short reports from last minute to this meeting, please raise your hand and unmute yourself and who would like to participate first.

C

Do we have it hand raised.

E

uh Mayor actually, I don't believe this. There are items on for under this um agenda, but.

C

Okay, it says reports by Council and staff, so we're not going to do it because we didn't assignments to it.

E

uh Follow the agenda I believe that is what we must do already.

C

So I will postpoint this one past this one. Let's go to consent agenda. We have consent agenda items from one to nine. Do we have um public or council? Members would like to pull the consent agenda out.

C

Please stay the items you like to pull.

Q

I'd like to pour item five, the remote teleconference meeting.

A

Q

Also, the committee's assignment item nine.

C

Okay and in five at night, anybody else.

E

uh Mayor also, we have three people with their hands raised. I, don't know if you'd like me to check to see if they have.

A

E

Okay, let me just check uh call and user one. Would you like to pull an item from the cassette calendar.

E

Call in user one.

E

uh Okay, so we will go back to um Jennifer. Did you want to pull someone put something from the consent calendar.

K

Yes, Miss Kirsten um I'd like to pull number five, which is the uh telecommunic tele. Sorry, the like hybrid Etc, one and then number nine about the council. Appointments. I'd appreciate uh your input on those thank.

C

You thank you. Those have been pulled already by uh councilmember child and any more.

E

uh Jennifer Sharon, would you like to pull any items from consent.

R

uh No other items, thank you.

E

Okay, thank you and Sarah. Would you like to pull an item from consent.

C

All right, seeing none um I, think we are going to move forward with the consent agenda to approve consent agenda one four through the mayor: oh I'm, sorry, I'm, sorry, councilman, Memorial, I, didn't see your hand raised. Okay,.

S

Thank you so I would like to pull item seven and also item eight.

C

Already so we have five, seven, eight, nine, that's being pulled so may I have a motion to approve consent agenda one through four and six. Please.

G

I actually have a question first for the City attorney with respect to items one and two um two of us were not present with regard to those two items. So what would your recommendation be with regard to how we would vote on them? Would it be appropriate to bifurcate this split them off and abstain on them?.

T

um So you you so so the fact that you're, not we weren't present, does not prevent you from voting on on the minutes. If you don't feel um comfortable voting on them on them, you could you could you can just indicate that you abstain on those two items? uh You know when you vote on the consent calendar. Thank.

G

C

All right, thank you. Councilmember Moore! You have your hands still raised. Do you have another question? uh No, so moved all right may I have a second. Please.

I

Second, all.

C

Right, it's moved in second um modern.

D

City current world cup, please council, member Chow.

E

Aye council, member fruen.

G

E

Council member Moore aye vice mayor Mohan.

E

Vice mayor Mohan, you need to unmute.

E

Aye mayor way, aye. Thank you. The motion carries unanimously all.

C

Right so, let's go to uh item number five, which is the subject on calendar adoption, a resolution authorizing continued remote teleconferences meeting of the legislative bodies of the city of Cupertino for the period December 20th 2022 through January 19 2023.. Do we have a stat report? May I have the city manager take the report.

E

uh Actually, uh mayor I can give the report- oh great. Yes, so you're familiar with this item, it's brought to you every 30 days, Council in order to continue holding meetings of all legislative bodies of Cupertino exclusively by teleconference. The council must reconsider the circumstances of the state of emergency every 30 days and find that either the state of emergency continues to directly impact the ability of members to meet safely in person or state and local officials continue to impose or um or recommend, measures to promote social distancing and the California Department of industrial relations.

E

Revised emergency temporary standards do continue to require or recommend social distancing in the workplace in certain circumstances and the county health officers revise the emergency temporary standards recommendation and evidence documenting the transmission of covid-19 in indoor spaces establishes that the state of emergency continues to directly impact the ability of members to meet safely in person. I will note that on October 17th Governor Newsom announced that the covid-19 state of emergency will end on February 28 2023.

E

However, in light of the circumstances that I just recited staff does recommend adopting resolution number 32-151 authorizing continued remote teleconference meetings through January 19th.

C

Thank you, madasini clerk, um so I'm going to open up for Council questions since um councilmember child pulled item. Would you like to ask some questions.

Q

um So is it possible to make this uh 60-day um so that we extended for 60 days? Is that the only possible.

E

uh Council member may I respond mayor, yeah.

C

E

uh Council, member ciao, yes, um the council must make the findings every 30 days. So um in 30 days time the council would consider it again um up until February 28th.

Q

Oh, so we cannot make the finding I mean. Can we make the finding every 30 days, but then we um decide we will have totally remote teleconferencing for the next 60 days. The reason is I.

Q

Think after three years of being uh remote, many of our commissioners likely have troubles scheduled and then, if we do this every 30 days likely in my they might need some time to rearrange their schedule, especially right now, the per the city code right now, the there is no option for Commissioners to attend their commission meeting remotely once the way uh going person.

Q

But the council members has that option per the municipal court right now.

E

So I'll let City attorney Jensen respond, but uh because he's um so so much more eloquent to me, but it does have to do with the brown act. Yeah.

T

No, that I know well that that part's not true but but the the council is required under the amendments to the brown act that were passed last year to allow the continued remote meetings during a state of emergency to renew these findings every 30 days.

T

So the council will have the opportunity to do that at least one more time if it so chooses in January um at the end of February, that uh the the governor has announced his intention to end the covet state of emergency um and and so that authorization will no longer be possible, and so you know, generally speaking, um subject to much narrower exceptions. Council members and all Commissioners will need to be in person after February Council does have the ability to continue to expand this. This office organization, through the end of February.

C

So any more questions from other council members. Oh, do you have more questions council, member ciao.

Q

um Can I make a request, or do you want to do that after.

C

I do believe we're required by law to do it every 30 days, according.

Q

To us, can we notify all commissioners of this timeline so that they are prepared that likely we will end by the end of February.

C

um I, don't think that uh city council- this is not. This- is not on the agenda, so I would ask the attorney to reply.

T

I think I I think I'll allow the the city manager.

U

Way um so we will continue to work with the liaison, so leave it up to me we'll figure it out what the department Liaisons okay.

C

Thank you, city manager, all right. So um if there's no questions from the city council members I'm going to open up a public comment, do we have anyone on the public comment, uh Madam, City, Clerk,.

E

Yes, mayor, we have Jennifer Griffin, John Zhao, with their hands raised and um just to remind everyone must have their hands raised in the first five minutes. Starting now, and so we have Jennifer Griffin, John, Zhao and San R welcome Jennifer.

K

Thank you, um city clerk, hi, I'm, Jennifer, Griffin I feel right now that my Democratic rights to conducting business in my city, council chambers, is being threatened. um Why can't we have hybrid meetings? Last week we had 150 people at the swearing-in meeting elbow to Elbow. Now I am not going to point fingers at anyone, but we have a new City Council in here and I. Don't feel comfortable that that the public is being allowed to see our city business conducted in person.

K

You can do that in hybrid, our previous mayor did it successfully. We sometimes had people there. Sometimes they were away. uh Mayor hung participated in this. Why isn't that good enough now I want to come and sit in my city, council chambers, I didn't get to do that for two years. I am fully vaccinated. I survived the swearing-in ceremony last week. Why is nobody talking about that?

K

Why all of a sudden is the public being prevented from coming down to our city, council chambers I, find this highly unusual and I will go to Senator, samidian or I'm sorry, uh Mr, simidian or Senator Cortese or Evan Lowe. If we don't get an answer um and I will go up to the governor, we are citizens of this state and citizens of this city and we should be allowed to go to our city council chambers.

K

This is a basic right, so I understand the Commissioners may have issues ETC, but I live in this city and I want to sit in my city, council chambers. So can somebody ask me why and and should I not go and ask for Jesus.

K

Why democracy democratic principles.

E

Jennifer, your volume is very low. Fine.

K

Can please somebody tell me why I can't go to my city, council chambers. Thank you.

E

Thank you Jennifer. Next, we have John Zhao, welcome, John.

V

Good evening, mayor way vice mayor, Mohan and council members, my name is John Zhao and I just wanted to quickly weigh in on this and say that I support the continuation of having the option to um call in for teleconferencing through Zoom I. Think that it's in my opinion and based on the scientific evidence we are still in a pandemic and transmission, is currently at an all-time high for covid, and also we are seeing a triple democ of covid, RSV and flu. I.

V

Think that if we want to make this public process accessible and participatory for every member of our community, actually we should be continuing these options so that we can allow for immunocompromised, elderly people and people who may not have the time or ability to come in person to be able to weigh in I, don't think it's an either or I.

V

Think that there's a way for us to have hybrid meetings, having in-person options, as well as options for people to call in and yeah that's something that I would support so that for us to continue to do moving forward. Thank you.

E

Thank you John. Next, we have San R, followed by Lisa Warren, followed by Tessa Parish, welcome San.

W

Thank you city council, once again, I'd like to welcome all of the new city council members as well as the returning council members. I would like to agree with both my previous speakers that we need to have the option of a hybrid city council meeting that allows for City Council Members to be in person, as well as the option to be remote for those that cannot be there in person from the members of the public, as well as any traveling members of city council or at commission meetings.

W

So I would request the city, staff and city council to continue to support the option for hybrid meetings and I would encourage the city council members who attend in person attending in person Builds an atmosphere of collegiality amongst yourselves. We need all of you to work together as one city council. The election is over.

W

Campaign season is over and decisions happen in the middle, and we look forward to you all working together to make good things happen for Cupertino, and that can only happen when you meet in person and meetings allow for those relationships to develop and the public gets a chance to see some of that as well.

W

So I would like to encourage you to meet in person, but still provide the option for a hybrid where members of the public that may not have the time to attend meetings and stay in the chambers for the entire duration in person are able to follow, as we are doing right now, and are able to give you public comments so that the public can participate and be included on topics that are on the city council agenda. So thank you once again for considering that input.

W

Clearly we are past the covet or we're getting past covert, but covet has also taught us a lot. It's taught us how to be a factor in a hybrid environment and being the home of apple and being the Hub or the apple of Silicon. Valley. I hope that you would factor in the ability to remain hybrid through the extended period Beyond the end of the emergency, as declared by government Yusuf. Thank you very much.

E

Thank you, San, and our final group of speakers will be Lisa Warren, followed by Tessa Parish, followed by Peggy Griffin, followed by Colin user 2., so welcome Lisa.

X

Hi, thank you. Can you hear me because the screen- okay, great so I Echo, um the last speaker specifically my comment was going to be: please keep it hybrid and my preference is also that All City councils members be there for the same reasons just mentioned um as much as possible and I. Also reading the item in the agenda, I found it a little odd and I. Think Jennifer brought this up that on December 9th it was a free-for-all.

X

There was a crowd of people and masks in the lobby not able to move out of the lobby until a certain time and I'm sure there were reasons for that eating talking loudly, therefore more stuff going into the air. You know, I had to remove myself from that situation. I was one of the very few masked people there and I do know. There was Kobe involved there, um and that was more.

X

It just seems inconsistent to have had that function with I believe there was actually 300 or more people, and it was great and it I'm not sorry. It happened that way. I, just don't think that there can be this back and forth because actually I think that was the night that they were specifically saying: hey.

X

We really need to consider Mass required everywhere um and it hadn't kicked in yet so just please keep it hybrid there's been talk in the past about keeping it hybrid for all kinds of reasons um from now on, but that I don't think that that should mean counsel forever and staff is forever hybrid I I think we need to get back to normal and more ability, like people have said, for collaboration and for really getting to know and it you know it helps to see body language and it's just good practice, I, don't like living in a divided bubble.

X

E

Thank you Lisa, and uh next we have Tessa Parish, welcome Tessa.

Y

Hi good evening mayor vice mayor and Council, I wanted to Echo everybody else, but I also wanted to add that um well in person, I strongly support in person. There's just a lot. I have had both meetings zoom and in person and I feel like you get a lot more done in person.

Y

Things move quickly, people you know there aren't technical problems, but also schools saw a big change in children doing Zoom as opposed to in person the the test results came back and they had dramatically dropped from doing in zoom and just like reading comprehension levels are lower in digital than they are in per in a hard copy.

Y

It's the same thing: you get a lot more done in person, so please consider doing hybrid, giving those that need to stay home the option, but I really think that the council should be there at the diocese in proper form. Thank you.

E

Thank you Tessa. Next, we have Peggy Griffin, welcome, Peggy.

N

Oops good evening, mayor vice mayor council, members, I agree with all the other speakers. Hybrid is very useful for a lot of different cases. I do agree that it is very important for our public representatives to be out there so that we can, if we want to come in in person or are able to come, say, hi, um see you in action and also you get to see each other I.

N

Don't understand that not requiring mass at the uh December, 9th change of counsel and then all of us have now were exclusively on Zoom I, I and I. Also do not understand. Are you voting on exclusive Zoom meetings for the next month or are? Is the the hybrid option up for discussion?

N

I prefer the Hub, the the hybrid with council members on the diocese and uh and masks you know if we are really serious about this require masks. You know people can take their mask off if they're speaking and then put it back on anyway. Thank you very much for your time and and all your work.

E

Thank you Peggy and our final speaker is calling user. Two welcome. Colin user too.

E

I see you are unmuted, so you may be having, and then you just you just muted yourself again there you go so you should be able to speak now.

E

um Okay, so it looks like you're having some technical difficulties, so perhaps you can email the council at city council cupertino.org, with your comments uh mayor that that closes public comment for this consent. Item.

C

Thank you facilitating this uh public comment, I'd like to thank all the public for your comment and your time. Your input is greatly appreciated. So now I'm bringing back to the council for uh deliberation. uh Councilmember child SEO hand raised.

Q

I spoke before so. If other council members would like to speak first, um they can go.

C

Anybody uh would like to have an input seeing none a council member Chow. It's your time. Okay,.

Q

So I would like to request that we expedite the work program. I tend to support hybrid commission meetings so that we do not take away hybrid options as we move to in-person meetings for the legislative body Maybe by February.

C

Q

Attorney uh to ask now or should I ask in the future agenda item time.

C

I think, as a point of order, this is not on the agenda.

T

Yeah I I, so I again I'll defer to this. The city manager, I believe she'll. She she was able to note the request and we can move on all.

C

Right. Thank you. Thank you for the request council member ciao. Do we have any more comments from the council members? If not may I have a motion please.

C

The motion is to.

C

We don't have a motion so number.

I

C

I think we have raised hand. Yes, oh I'm, sorry I wasn't looking uh councilmember Moore I.

S

Moved the recommended action: oh.

C

Okay, okay, it's been moved and seconded I, don't see the clerk. Please call the roll call. Please, council.

E

Member ciao aye council member fruen.

G

E

Council member Moore aye vice mayor, Mohan, aye mayor way.

D

E

Motion carries unanimously.

D

C

You now we're moving to number seven consider the mitigation fee act and annual and five-year report for fiscal year. 2021-2022. This item was continued from December 6. 2022 item may I have the staff report please.

C

And as the city manager, oh there we go. Chad is online yeah.

Z

um We don't have a presentation for this item. um You know, based on uh this item, we uh have to report out the fees that are being held uh by the city from development projects. This is a requirement of state law and we need to do this on an annual basis.

Z

um I guess I'm through any questions that Council may have on on the items in that report.

C

All right, thank you, Chad so does um do our council members have questions because remember more.

S

Thank you mayor way, so I met with um the assistant uh director city, engineer, Chad Mosley and our acting assistant city manager, Matt Morley, on Friday, and had a series of of questions regarding this item, which I had answers provided and I I did not see them in the written Communications for tonight, so I'm, hoping that these are made public if that's possible. If all Council and the public could have uh access I, think that would be helpful um and I I still have not been able to resolve the um the variation between the park.

S

Dedication ending fund balance I'm still seeing it a little over 20 million, so I'm having having trouble with being able to reconcile that with the the amount in attachment a shown there. So if someone could assist with that, and then I'm not not sure where to make this request, but what I'd really like to see and I think it will help us moving forward, is when this item comes to the council again, when I'm looking at some of the schedules for other cities, they're bringing it.

S

So you have 180 days for the council to approve this, and if we have a little bit more time before the end of the year, perhaps next year we could have a study session. So we understand the item more fully.

S

I think that would be beneficial, but I would like to suggest that we form a subcommittee to go over the item with staff and then bring it back with a report to council and talk about the format, and so if the City attorney could help provide some guidance about how that could come about, I think it would help at least have two council members be able to ask all of our questions and get everything all vetted and then work on the format, so that it'll be more digestible for the rest of the council and the public.

S

The next time we see it. So if the attorney through the mayor has some suggestions on how that could I.

C

I see our city manager Pamela, who has her hands raised.

U

Thank you mayor way, um so, council, member Moore I, understand that you have some questions relating to the mitigation Fiat and also how it's shown um in the allocated budget budget manager. Thomas Leon is available to answer those questions on the spot. If you would like to direct those questions to him,.

C

And I see Thomas is right. His face is showing.

T

T

Would be the standard process of um two council members of the mayor requesting a future agenda item and then Council would need to that would need to be scheduled and Council would be to appoint the subcommittee.

S

All right, thank you. So, at the end of the meeting we can, we can um try that I think that would be beneficial, okay um and so through the mayor um Thomas. It was uh in the in the answer sheet that I was provided. uh It would be um item four and so I went and looked at a more recent fund, balance for Park dedication and, for instance, at the end of August 31st.

S

It's showing um 21.4 million dollars for that fund and then in the in the report for attachment a we're showing a fun balance for June 30th at 5.4 million dollars. So there's the I, don't quite understand that discrepancy. Thank you.

AA

So I believe in the development impact fee before that 5 million that's the unrestricted. So you would also need to consider all the restricted fund balance which is listed above that unrestricted number and, in another reason, for differences between the budget documents and the development impact fee reports is how how the numbers are calculated. So if the development impact fee reports, we exclude mug to Market adjustments as well as cap expenses, so Mark to Market adjustments is a process for at the end of every fiscal year.

AA

We account for the fair market value of our investments, so these are adjustments based on market value, one based on market value, and so that's not that's not considered in the development impact fee report. In addition, cost allocation plan, which is a process for you, know, internal service costs and over overhead costs is not included in the development impact game report.

AA

But if you would like a more detailed breakdown, we can provide that you know afterwards. I.

S

Thank you through the mayor. I think that would would help, especially um when did the uh I believe it's around 12 million dollars from Westport um get deposited into the fund should be around the time of their um when they pulled permits. Okay and so yeah I can talk offline on about this I think that would be very helpful. Thank.

C

You all right, thank you, councilman Moore and councilmember ciao johans raised. Oh.

Q

um Yeah I would like the information that uh transformation and any questions or answers provided I am curious about that and they also what's the schedule, that's used by other City to consider this item. I will be interested to know so that we have more time and have more understanding next time, yeah for this a new item to come back. Thank you.

C

Any other input from other council members uh may I ask a question too. um So if no one's um I would like to know, this is sounds like a routine item. We do it every year. So um as the procedures and everything is to me is a accounting report and I think councilman Moore's questions are really good about. You know some of the discrepancies and it's being explained so maybe out out of the uh council member more may I have more time with Thomas and go over that that so my question is: is this routine?

C

Z

C

Hey thank you. So if there's any more questions from the council, if not I'm, going to open up the public comment. First, oh okay, um vice mayor Mohan,.

AB

Well, I had I had uh the wanted one point of clarification. uh This uh five five year reports the annual report. It was it's for the year ending June, 30th 2022., so I'm, assuming that uh uh in in due course, we will get something similar for uh the current fiscal year, which is sort of you know six months into um into the the process.

AB

So uh my understanding is that we accept this uh this report and uh whenever Maybe a couple of months or springtime when uh um the Jew the fee impact report for June 30th 2023, uh has to be resolved. uh We will get other opportunities to actually uh discuss the the fees themselves and that's my question. We will get other opportunities I'm assuming to actually debate in full uh the the details of the mitigation fees.

C

um Chat, would you like to answer that question.

Z

I'm not sure, if I'm going to answer it correctly, but uh typically in May, the city council reviews uh the city speed schedule for um most of its impact fees. A lot of them are adjusted by CPI. The park uh in Luffy is slightly different. It is adjusted based on um Market rates of the value of land within Cupertino, and we have an assessment completed every year to establish that value. But typically the council will see these fees in May with the updated fee schedule.

C

All right, thank you, um assistant director chat, uh so I would like to open up for commonly public comment. If um we have more questions, councilmember Moore.

S

I believe council member Chow was ahead of me, but.

C

Councilmember Jonathan you'll go ahead. Oh.

Q

I thought I should ask uh what exactly what is the legal deadline on for this report.

Z

180 days after the end of the fiscal year, so basically a half a year after the end of the fiscal year.

Q

So maybe, and is there any reason that we are bringing it in the last month um after the it? Does it take a lot of time to prepare the report just trying to understand the timeline.

Z

So, typically, there's an end of year, Reckoning that Finance goes through. It takes typically a month or two from July and August, where they kind of close out the previous year after the closeout. We get the fees we get, the development impact fees um report from them. Typically, it ends. We end up getting that in late September early October. There are some interest adjustments that have to happen with that. So it's not something. That's just instantly kicked out.

Z

There is a little bit of work that happens on the finances end, and then we have to go through and add, potentially any new projects that are any new fund uh balances that may have we may have received in the last year. It's possible. We could get this a little earlier, but there definitely are some things that limit our ability to have this to you in July.

Q

Thank you, that's good to know, thank you. So what other cities do you know when they usually see this report.

Z

I do not know, but I know that they're supposed to have it before the uh 180 days.

C

Thank you just curious yeah.

S

So I also encountered in some of the other cities if a 15-day circulation requirement, which we are meeting now because of the the the postponement that I that I asked for. uh But that wasn't really the reason I just wanted to get the additional questions answered, because this is a really um it's actually a pretty big topic.

S

Once you start getting into it, um and I was wondering I did I did email the question regarding the ab1483 requirements um to have the reporting on the website so I'm, hoping that that um that I'll get an answer with that about that, because it ties into the the ab 1600 um I am not clear even having the answer for uh AB 1600 storm drain fee.

S

um Why it's? Why it's labeled the ab 1600 and not included in the 80 1600 report? I, know, I I see the answer, but I think uh it's not entirely clear in some other cities are are seem to be reporting something along those lines. So um I want to ask those questions off offline as well about the 15 days where's that requirement coming from, because other cities are mentioning it um and again the storm drain fee. So I will leave it at that. Thank you.

C

The staff want to um we answer: if not I'm, going to open up to a public comments.

C

I do see. We have a couple, hence raised Madison Clerk.

E

uh Yes mayor, we have sayara barcio and Peggy Griffin. Anyone else. Please have your hand raised in the next five minutes and now Peggy welcome.

N

Good evening mayor vice mayor and council members, I have one stupid question. When I look at this report, it says five-year report and I have no idea whether it's the previous five years or what you're looking at in the future.

N

um The yearly report has a has a a date range, but the five-year doesn't, and so that's my question is what am I looking at When I See Five Years. Thank you.

C

I believe assistant, director, chat and I have an answer for that.

Z

Yes, so the annual report is again a report that we have to kick out annually. There are certain um items that we need to report on, in that the five-year report is more of um kind of the planning of those dollars and how you plan to expend those dollars, um and so we have to report on that every five years, but we do it annually to just to so. We don't worry about tracking that give me one minute here.

C

With the chuckle all right things assistant, director, Chad is going to get some information. Do we have? um We don't have any more public comments? We we do. Yes,.

E

Mayor we have Lisa Warren could.

C

I have Lisa uh make a public comment. First,.

E

Yes, welcome Lisa.

X

You know I I've been coming to meetings mostly in person for decades and I I feel like I'm, really grateful when council members and the public ask questions that, for a long time haven't been asked. Sometimes I have no idea what they're talking about, because it's not something I've researched or looked at, but you learn from comments and I when people take the time to to do their job and look at things or just dive into what they're really interested in or worried about, and you can gain knowledge from that.

X

It's a benefit and I think oftentimes. These things that are always just kind of done. What in what some people will call the last minute when there's actually quite a bit of time to do it I realized the act of doing it takes the time. So it's not like you're wasting time for six months, um but more time would be helpful. I am curious about the 15 day thing um and again, I wouldn't know about this.

X

If I hadn't heard this, but I think it's really important to consider, it I think we need to continue forever to have much better transparency with what happens in the city. You know a great number of people woke up to some very serious problems eight years ago that had already been going on prior to that time.

X

It just took something big to wake people up, and you know people lose momentum, they get frustrated. We just need to try to keep a whole rolling idea that you know the more information. The better and I you've got the information just making it public or having a little extra time, and it can be done and I realized that there aren't there's a lot more people that have no clue what's going on and don't care and don't want to know they don't have the time to know.

X

But for those who do it's nice to project the confidence that they need and blah blah. That sounds like a preachy speech. It didn't mean to be I, wasn't prepared to talk about it, but I mean I, appreciate everything all of you do. I know it's not easy. No one has an easy life that I know of, um and it's it's appreciated.

X

But again when you're not you only have access to meetings and 500 pages worth of stuff to read three days before it's. It's I'm, babbling, I'm, sorry, I'm, making it even more weird. But thank you all for what you do. What you will do and just please keep in mind that transparency in our world as a whole, not just our city,.

E

We said that is your time. Thank you.

C

We don't have any more um public comments, so thanks for all the public comments and Chad, would you like to speak.

Z

I apologize for that.

A

Z

um Again, um we are required to make certain findings annually and then, uh if the city uh holds funds for more than five years we have to, we are required to make additional findings regarding those funds that have been held for more than five years. So what we do in the city just to dot our eyes and cross our T's is we actually make five-year findings every year for all projects?

Z

Just it's a little extra work, but that way, we're we're uh again being as transparent as possible, providing that information and making sure that you know we're we're covering our bases there.

C

Thank you very much assistant director, Chad Molly and then um I I'm, going to bring you back to uh Council. Does council have any more comment? Oh council member ciao, yeah.

Q

Thank you so I'm curious about the 15-day uh circulation requirement.

Q

What does that mean? We should have posted this and then let the public have 15 days to read the report and then have put it on the console agenda.

Z

um My understanding is that you, it just needs to be made public um 15 days of Advance 15 days in advance of the council hearing. It's um this uh item here has been posted on the website. um It's under the section that discusses mitigation fees. Currently it's in draft form once Council approves. This resolution will upload the official document on that web page.

Q

But this item originally was on the December 6th agenda and that agenda was posted only a week ago before, before the.

Z

Mitigation fee act report has been posted on our website in draft form, so it's been made the.

Q

Report has been posted uh 15 days before December 6.

Z

Q

And what notifications were sent to notify the public that it was posted.

Z

We have, we did not send any notifications to the public notifying him uh of the posting. um This has been this up until this year has been a fairly routine process, um providing US Reports, um there's been really no interest in the past, and so sending out notification on this has has not been one of our priorities. That being stated, we may be able to do that in the future. I'm, not sure what that notification would entail, but.

Q

Isn't there any legal requirement in terms of notification.

C

T

So the requirement is: are that it's, it is posted on uh somewhere available to the public. So the posting on the website, as Chad describes, qualifies and then notice has to be provided to anybody that has requested it in advance. um If there have been no requests in advance, then there's no notice that needs to be submitted.

C

All right thank.

Q

You is there any way for the uh sorry right here. Okay um sure go ahead, so is there any way for the citizens to sign up phase through e-notification for this report and if anyone know they can sign up to receive notice.

T

They're required to make a written request for a mailed notice to the city.

Q

They have to make a written request right to the city. Okay, I think um thank you for that. I really thank council member Moore for polling this item asking these questions I think, especially when something is done annually and routine.

Q

We tend to forget: what's the legislative intent, the legislative intent of having this report is so the public knows and then I think thank you for the really nice staff report that actually specified that the report must find findings regarding unfinished improvements every five years following the first deposit of the impact fee and must identify all sources and amounts of funds, and this page to complete the financing of incomplete improvements and to designate approximate dates when this fund is expected to be deposited into the account I think this information is uh are important for to have and I.

Q

For example, when council member called the requested amongst the treasurer's report, I didn't think it's that important and now it actually pushed the city to be more complex to be compliant with that long. So.

C

Thank you, Council. Thank you. Councilmember child I think I'll. Let councilmember Moore have the last words and then we are going to move forward. Okay, thank.

S

You thank you mayor way, um so the audit committee um looked at. There was a 15 million dollar grants for, and it's mentioned within the the January 24th 2022 meeting minutes um and it's referring to the park. Dedication fee for the Westport project and so I want to make sure that that is accounted for uh within the ab 1600 report.

S

So that is that's my last word. Thank you.

C

All right, thank you for the comment. Do we have any okay? If not um may I have a motion to for the recommended action.

C

May I have a second, please I.

G

C

Thank you. It's me move and seconded um may I have the roll.

D

Call please council, member Chow.

E

Aye council, member fruen, aye councilmember Moore.

G

E

Vice mayor Mohan, hi mayor way, aye motion carries with more more voting no.

C

Hey so, let's move on to number eight uh consider approval of response to 2022 civil grand jury of Santa Clara County report entitled, if you only read the ballot you're being duped, so we have a recommended action. So let's go to stat report. First I think City attorney Jensen.

T

Thank you. Thank you, mayor uh I do not have a staff report, but I can introduce the item um before uh picking Council questions and public comment.

T

So you know this this grand jury report uh were the cities required to respond to it by by law, um and it really focuses on the the What's called the label, which is the description of the ballot measures at 70 years, 70 words or less, and it reaches the um the unsurprising conclusion that it's difficult to understand: complex ballot measures, if you only read those 70 words, so you know based on that conclusion, the grand jury has recommended that the city ask an attorney from another agency to review its ballot measures before they're, published and they've also recommended changes in state law.

T

That would provide for additional regulation of the initiative and representative process by um a commission that reports to an outside agency so I as as to there's their Central finding I mean it is difficult to understand complex ballot measures if you rely solely on a 70 word description.

T

um Certainly, there are other sources of information that voters can rely on if they wish to make an informed decision about voting on about measure. uh There's the impartial analysis, that's prepared by my office that they can rely on there's. Obviously other information, uh not you know, that's provided to voters through the the registrared voters and also other information available for through party groups, but I I certainly think that that many complex about measures are difficult to understand.

T

If you only read, uh we read, uh read the ballot itself with respect to the impartiality of of the measures. Certainly it's the responsibility of the city attorney's office to ensure that any doubt, measures that are put on the ballot by city council are compliant with state law, and that of course includes the impartiality uh and the city. Attorney's office would also review uh voter, approved both voter voter initiative and referenda for potential uh violations of state law, and there is a process for challenging those if they they conflict with state laws in general.

T

It it's difficult to challenge about measures in advance. Under current law, the courts are very reluctant to intervene in advance of a referendum to take about a measure off the ballot because of the respect for the the initiative and referendum process. That is evident in our case law there there. That said, you know there are cases that invalidate um you know improper initiative and referenda after an election, and that's that that's that is a primary primary way of dealing with initiative and referenda that do not comply with state law.

T

uh So, regarding the the recommendations of the grand jury, I I do not recommend the city council Outsourcing.

T

It's it's legal advice regarding about measures to attorney from another agency um who um the city council doesn't have and uh have an attorney-client relationship with um who um presumably based on this recommendation, would be doing the work for free, which seems unlikely to me, and I also do not recommend uh taking a position on creating a new uh new change to state law, to create a new commission that again would be appointed and controlled by another agency. I. Don't think!

T

That's with it really within the scope of what the grand jury was formed to do and I. Don't think um the city is either the city or immigranger or the grand jury is in a position to take an important position on that um novel policy proposal and with that I'm available for questions.

C

Thank you senior attorney Jensen. Do you have questions from the council members councilmember Moore.

S

Oh I, don't know if it's necessarily a question, but perhaps I can form it that way. I I did want uh if people had not gotten a chance to get into the 119 pages of written Communications. There was a letter from a former Library commissioner Leanna Crabtree, and there was kind of a case from from Cupertino in 2016.. I want to read part of this.

S

If the Cupertino citizen, sensible growth initiative measure C qualified for placement on the November ballot, the then City attorney drafted the ballot question and it stated originally shall an initiative ordinance be adopted. Amending cupertino's General plan to limit Redevelopment of the Valco shopping district limit building Heights along major mixed-use corridors, establish a 45-foot maximum Building height in the neighborhoods limit, lock coverages for large projects, establish new setbacks um and building planes on major thoroughfares and require voter approval for any changes to these Provisions. However, Council was not satisfied and I'll.

S

Just move on to the changed ballot. Language, which became a Shaolin initiative, ordinance, be adopted. Amending cupertino's General plan to limit Redevelopment of the Valco shopping district limit. Building Heights along major mixed-use corridors increased to 45 feet the maximum Building height in the neighborhoods limit, lock coverages for large projects.

S

um So originally it was established a 45-foot maximum and then it was increased to 45 feet the maximum. So there was a change that happened at this time and her request is that um that we would actually support the um the County Council review of the ballot question uh and and for for me, I think it's uh there. There was an aspect to it where the intent of the the initiative actually does come into play, and um perhaps the City attorney could could correct this.

S

But if, if it was the understanding that um the understanding of what the initiative's intent was um that the city council- uh and there was an error in it- that the city council could make under the the understood um initiative, uh be what they actually are adopting. So in this case they were not trying to increase the heights of the residences, the neighborhoods, um but the language got changed. So it looked as though that was their intent and it became very confusing to the voters. So is there that element where the the council understands?

S

What they intended and and the voters vote on it, um and- and they essentially do do a cleanup- is that- is that something that's actually possible.

T

Yeah I'm not sure I'm, not sure that that I I fully understand the question. I mean the City attorney, can review um uh citizen provided initiatives and referendums, and they it can certainly challenge them if, if they don't comply with the requirements of state law, uh you know the the council is obvious, is ultimately responsible for approving language.

T

um For a council uh Council initiated initiative and referenda. um You know it. You know. I I would say that it's it's the responsibility of the City attorney to provide advice to make sure that those Council initiative initiated measures um are impartial and comply with all other elements of state law. It's ultimately obviously up to council to decide uh what.

N

T

Do with that advice.

C

Okay, thank you, innocent and uh I think we had council member forum who raised your hand next.

G

Sure it's just a simple one. um You know more for the benefit of the public in the event that, for some reason you felt like you didn't, have the the specific knowledge to be able to um write the ballot label. You'd feel comfortable, assigning out to pencil for that purpose.

T

Yeah that that could definitely be something that we would could rely on special counsel. There are. um There are attorneys and law firms that specialize in election law. So if we're complex issues with election law, um that's.

G

Something I would definitely consider, and, and naturally that would maintain the attorney client privilege for the city right.

C

All right, thank you, uh council member ciao,.

Q

Yeah a question so in in case the county adopted any of the recommendations. You say of the County Council draft a language and there are commission draft language. Does the city council still has that final authority to change the language, as we have seen in 2016.

T

So under current law is, is I. Believe um the grand jury report acknowledges uh that you know any City's participation and that kind of process would be voluntary uh that there would need to be a change in law to make it mandatory.

Q

Oh, ultimately, the city councils would still be able to change the language to inference the vulture if they wish to.

T

Q

T

This is ultimately this. If the city council adopted a policy to to you, know, have County Council review uh this line, you know ballot language, the county. The council could always change that that policy or it could vote to override that policy and specifically.

C

Q

You another question: is uh the state ballot major I, think the uh the language and the title is uh written by the State Attorney General and does that require any approval by a legislative body or is only the State Attorney General makes the sole decision of what language to use.

T

uh You know I'm not familiar with that process. I'm, not aware of any legislative involvement in the final battle, but I would have to follow up on that answer.

Q

Yeah, that's my my understanding is the state department of major easy term is written by the Attorney General right. So how come the CT Council has that authority to determine the better language? That's.

C

The city council doesn't just change the battle language, whatever they pleases, we do have a City attorney that advises the city council, um for the for the ballot language to apply to law. Is that by understanding correct to the attorney Jensen.

T

Correct I mean so the you know the ballot language has to comply with both with the law. If it doesn't, uh you know, there's a risk of the the measure being overturned, and so you know so so the city, attorney's advice would obviously be uh attempting to mitigate that risk. Okay,.

C

Thank you and the moment I would like to open up the public comment. Please.

E

Yes, mayor, we have one person with their hand, raised Jennifer Griffin anyone else that wishes to speak on this item. Please have your hand raised in the next five minutes. Welcome Jennifer.

K

um Thank you interesting discussion. I remember um when that wording was changed on one of the initiatives a number of years ago.

K

It really kind of bent the Public's mind as to that when you change wording like that it it completely like it changes the whole scope of what the initiative is now I will tell you that, frankly, sometimes the things that the grand jury investigates is a little off-key I thought Gene was actually off base when she was talking earlier about the grand jury, I didn't realize I mean I what they talked about, that I would to be very, very careful about what I read anything that I vote on I have researched so that I have made a decision myself as a responsible voter I, don't take democracy lightly.

K

There's a strong tradition in my mother's family in Virginia I had people that died in the revolution in my family that gave up their life for this country before the Revolution and after and I don't take my voting rights lightly.

K

So anything that is put on a ballot in front of me that I get to vote on I research, so I I really struggle. Sometimes when there is changing and wording on things like initiatives, we have the state level. We have states rights, we have local rights, we have Federal rights, but I think that whatever initiative they have should be written as clearly as possible, so that the public can make up their mind and their decision and cast their vote now.

K

If a city council wants to change something and change a couple of words and change the height of something which I think is what happened last time, we have to proceed very, very cautiously, so I, you know, don't rule the public out we're here, we're educated, we I would fight to the death for this country and I'm willing to do it. So don't count the public out, um but yes wording changes of wording we don't type lightly. Thank you.

E

Thank you mayor I'll hand it back to you. Thank.

C

You um our close to public comment again, thank you for all the public comments and we'll bring it back to the council for discussion and emotion in a second uh any more discussions. Councilmember child. Do you have your hand raised newly Henry.

Q

C

From before, okay council.

Q

Members, thank you um so I want to clarify something um in 2016. I was actually involved with drafting that initiative that was put in front of the council and the City attorney, and also the outside Council from should mahali both recommended using the word establish, establish the building height, but the council.

Q

After much prodding, both attorneys refused to change their their recommendation, but the council so Council adopted the language for established. That was on a Friday, then on Monday noticing out and especially because.

C

Councilmember xiaomi I asked the City attorney for shall we do a point of order because we're not going into details of then then measured. This.

Q

Is our agenda about valid nature.

T

um The germanness is within the discretion of the name.

C

Okay, thank you. So just remember we have, um if I'm in this, so please proceed. Councilmember, ciao,.

Q

Okay, so um so a special meeting was called and on Tuesday the language was changed from established to increase. So my question is, if we think that's not appropriate, is it a possible for the city council to adopt a resolution to authorize the city, many City attorney to draft the ballot description and title for a ballot major for all balance Majors as a policy? Is that a possible resolution.

C

I believe City attorney Jensen this question toward you.

T

Yeah, so so I would I would have to I would have to look at that more carefully. um It.

Q

Would be similar to the state about that nature.

T

Right, yeah I would have to look at more carefully as to whether it would be appropriate for Council to delegate if it's Authority in that way, I would have concerns that you know it is it's. You know it. It is alternator Council decision at the end of the day,.

Q

um Thank you. Could you get back to me thanks yeah.

T

Yes, yes, of course,.

C

Thank you. Do you have any questions on the floor from Council Members, council member, more.

S

uh Thank you, mayor, Ray, not really a question, but I would also like to hear the response from the the City attorney on that as well. If you would thank you.

T

Yeah I'll share it with you.

C

Any more answers: deliberation from the board from the council members. No all right so uh may I have a motion.

Q

Oh I'm still moved um I I think as city attorney's response was uh appropriate.

C

All right, we have a motion. Do we have a second, please?

C

Okay, councilman fruen seconded all right. We have motionless. Second, um please World Cup, please matter, city clerk, pardon.

S

Mayor mayor way, I believe that was vice mayor Mohan that second, oh yes,.

D

Second, already I did get that in my okay, so corrected sort.

AB

Of spoke together.

E

uh Council member Chow, aye council member fruen.

G

E

Councilmember Moore aye vice mayor, Mohan, hi mayor way, aye the motion carries anonymously. Thank.

C

You so much Madam city clerk at this moment, I'd like to propose a five minute break and then come back at eight fifty how's that seven minute break. Oh wait a minute. My clock is not correct.

C

8 40., five minutes break. Please.

A

A

A

A

A

A

A

A

C

Number eight uh consider appointment of 2023 council member committee assignments and I. Don't think we have a staff report um because everybody has that assignment there. So I like to open up for Council questions first and then open up a public comment. Mayor.

E

I can provide just a a brief okay, great thank you for the public, so just thank.

C

You Madonna city clerk.

E

Yes, um so the city council does serve on local and Regional organizations as council members, the mayor of science council members to the standing committees annually, and so the draft 2023 assignments are listed for Council review and approval. Thank you thank.

C

You, mother city clerk, so I'm open up for Council questions. First and then public comment then we'll come back for Council discussions.

C

Do we have Council questions council? Member, more.

S

Yeah, thank you. So first I was wondering if there is a policy for this this process, uh because I I didn't see one in the in the agenda item.

U

So yes, but we have any written policy. What I understood from the clerk's office is that the traditionally um in the past, the city manager will discuss the recommendation with the mayor uh and come back with the final recommendation is published in a packet and for the council members to discuss and make their final recommendation.

C

Thank you, city manager and um councilmember child. Your hand is raised.

Q

See there sorry so I think quite a few uh members of the public has written in to ask about the four committees that do not have an appointment. So um maybe the mayor can explain some that might save the public time. Maybe they will speak on that yeah. Thank.

C

You absolutely so one of them is the economic development committee I, think, council, member Chao, you and I asked that to be come back to the agenda a future agenda item last time, so we were going to put it on the next agenda item to talk about it. So I'm not assigning anybody to it until we have a final. um You know decision on that and the other three.

C

um We have two brand new council members, so um actually I'm not making a proposal right now, but at the end of the meeting, I will propose in the general identity if I can get a second to have an overview view of all the commissions and committees so that the new council members get to know what it is and before we ask for any volunteers or assignment to those committees. So that would be I would ask that at the end of the meeting for a gender item.

C

So that's the reason I have not assigned anyone on it, because I wanted newer. Council members, council, member Froome and vice mayor Mohan really understand what are those committees about so that they can consider whether they want to be on them or not.

Q

You didn't that be done for all committees, rather than no.

C

Just the just the.

Q

C

Our own committees, because the Outside Agency committee have a lot of good explanations and I think it's understandable what those agencies are. So these are all our own communities.

Q

um Okay, okay, um a cross chain is uh so regarding the I think I think you misunderstood me when, when what do I put um the future agenda after the committee's uh interview was to rectify the Municipal Code since the terms of office were not clear and I did not um and I apologize.

C

Q

I didn't have anything to.

C

Do I apologize right, misunderstood you, so I thought, because it's coming back to the agenda. We need to maybe understand the whole thing before we um assign anybody on it. That's why I did not assign anybody on it. uh Okay,.

N

Yeah, thank you. Councilmember.

S

Moore, uh so a pardon mayor, so we we have the um Municipal Code, which has the duties, powers and functions for all of these uh internal committees, and it seems as though some of them um are having assignments made to them and then seemingly arbitrarily some are not having assignments. For instance, environmental, Review, Committee duties, powers and functions are codified, and so are so.

S

Is that the audit committee as well those are both codified, so I think if you wanted to educate the new council members on what the committee's uh functions are, that like been very easily done by providing them with a copy of the duties, powers and functions, but I would assume that they are more than capable of looking up something in the municipal code.

S

At this point, so I believe their research should have already been completed, and if you were worried that it wasn't, then staff could have provided them with additional information about what those those jobs would entail. The environmental Review Committee, for instance, that's it's codified! I- have served on that for four years. Two as a planning commissioner, and two as a city council, member and I've chaired it all.

S

Four years, uh it's very easy to look things up in the municipal code, so I'm not really sure what you're trying to um trying to arrive at by like, particularly with the ERC at not having any appointment there.

C

um So I believe you shared it for two years because both of us only Council for two years so um excuse me.

S

About the Planning Commission sharing it for two years. Oh that's.

C

Correct okay, so um I think I explained that myself that I do believe these are a little bit needs a little bit more explanation where, even with the commissions and committees before we do commission interviews I like the new Council to get a better view, because we had a study session on commissions committees and uh getting that I'm not talking about right now, because the end of the meeting I will make that motion and uh suggestion if I get a second, that's fine!

C

If I don't get a second, um then we would I would go ahead and make the assignment because I really didn't receive. um You know ask from the new council members, so I thought it would be fair for them to really go through the commissions and committee um codified and explanations in order for them to make that request. So I, um that's my theory so and do we have any other questions, if not I'm going to open up the public comment.

C

So let's go to public comment. First and I see quite a few hands I'm at a city clerk.

E

Yes mayor, so we have um and everyone please uh have your hands raised by in the next five minutes. We have John Zhao, Jennifer, Sharon, Jennifer, Griffin, Lisa, Warren, Peggy, Griffin, Neil, Park, McClintock and Rashad mendirata, uh so uh John Sal welcome.

V

um This is John yeah uh I'm, just speaking to show uh my support for Sheila, Mohan and Jr for the audit committee. I believe that they both have you know the qualifications to uh and the experience to serve those duties appropriately and um effectively, and particularly I want to uh express my support for um council member yeah J.R fruin for the VTA policy advisory committee. I believe that he has a lot of experience when it comes to um how the.

Y

V

Between housing, transportation and land use, and so that's particularly going to be important in the upcoming few years, given that VTA is going through a planning process with the Visionary Network and the Valley Transportation plan, 2050 to um yeah just figure out how we're going to plan for our transportation system in the near in the near and long-term future. Thank you.

E

Thank you John. Next, we have Jennifer Sharon, followed by Jennifer Griffin welcome Jennifer.

R

Good evening, honorable council, members and mayor way I'm Jennifer Sheeran a resident of Cupertino. First of all, welcome to all our newly elected council members and I hope. Everyone listening has a happy holiday season, I'd like to recommend that Council adopt the Slate of committee assignments, as stated in the agenda that I read earlier today. After reading the Civil grand jury of the Santa Clara County Superior Court findings from December 19 2022, specifically the report titled A, House Divided I'm, particularly concerned about these assignments.

R

One concern is the finding that council member Moore violated the City Municipal Code prohibiting council members from involving themselves in the day-to-day operations that are clearly the responsibility of the city manager. Secondly, council member Moore was on the audit committee last year. Yet, according to the grand jury, the audit committee failed to submit their analysis and recommendations to the city council for discussion and action for risks identified in May of 2022..

R

The findings demonstrate to me that council, member Moore should not be assigned to the audit Committee in particular, as recommended by other written communication that I saw today to the council. Furthermore, the draft committee assignments State the council member fruen and vice mayor Mohan for the audit committee and I think this. These are excellent selections, especially in light of vice mayor mohens. I want to call our council member Owens um fiscal background.

R

These new committee assignments will allow our city to manage his business while going forward and I support all of them, including the ones that haven't yet been filled because um I agree. Sometimes you need a little bit extra time to review. What's going on and I heard what you had to say mayor way, thank you for your consideration and your work on behalf of all of our residents have a good evening.

E

Thank you Jennifer. Next we have Lisa Warren, followed by or I'm sorry. Next we have Jennifer Griffin, followed by Lisa Warren welcome Jennifer Griffin thank.

K

You lots of Jennifer's hi, you know, I am a member of the public and I of many people. I really really followed. The council I have not seen this document from the grand jury, accusing our city council members of doing things. Where is this document? Why has the public not seen it?

K

Why is somebody mumbling about it, uh Neil talking about it or gene or somebody during oral, so that so we're we're telling our previous city council members that the and I have a really dim opinion of that grand jury thing I've had it for about 10 years. What business of it is theirs that they're, accusing our elected, City, County council members of doing something Kitty could run the state better than Gavin.

K

So no you don't get the audit committee, so Stevens, Creek, Corridor, Transit steering committee should be the mayor and how and uh Kitty or um hung I'm sorry or Liang. Okay, the State Route 85 Corridor should be the mayor and kitty or Liang and also egg bag. A bag can't even do statistics. They screwed up the arena numbers bad. So we have the mayor on it and we have kitty or we have Leanne. No. The audit committee should not be thrown to people that have no experience on our city council.

K

You have to serve on the Planning Commission or be a city council member and also what is this agenda thing that the mayor is going to be proposing at the end we I I've been here for 22 years. We have never made committee assignments like this. This is the weirdest city council, meeting and I demand that we be in council chambers because I, don't trust any of you. People I, have you know so ready to recall some of these people and it's just the first meeting.

K

I I have grave doubts where we're going with this, but you don't accuse my city council people of something where I have never seen the document produced the bloody document. So what are you accusing my city council members of not so that I'm stupid because I elected them, yeah I, didn't vote for some of you people, but I? Don't want you to be carrying on this farce any further. We need to be in Council and I'm glad my ancestor died for this country, because I swear to God.

K

The envies are going to drive us into another Revolution. Thank you.

E

Thank you, Jennifer and our final group will be Lisa: Warren Peggy Griffin, Neil, Park mcclintic, rajat men, durata Rhoda fry Louise, sadati, Ian, greensites, John, Geist, Gene, bedord, Tessa, Parish, Monica, Malone and caller0802 uh welcome Lisa.

I

X

Okay and I I do too was one that commented about the four committees that had no assignments and I had noted. There was a comment for one of them: I I, don't think I saw the other one, but two there were no comments. um I'm, actually surprised that there's not more unassigned spots.

X

um If the reason that the mayor is giving is is what is believed to be the right thing to do, and also because I feel as though there's always been an open discussion about assignments in the past um again I've been around a long time and maybe I'm remembering the ones that were discussed and just not remembering that some were not and that that's possible.

X

It's not clear what committees may require that type of process. If, if some do and some don't I guess, maybe the mayor explained why this is happening to a few of these.

X

um It just all seems a bit different than Pat in the past, including that being on a consent, item I and maybe I'm wrong there, but it just doesn't seem like it should have been a consent item at all, um because people obviously have opinions.

X

So I note a few things that I hope get some discussion tonight and that's the legislative Review Committee has not had before the comment that the mayor is recommended to serve for the fish for efficiency and I'm, not sure why that's there now or who made that recommendation and why you know explain this to serve as efficiency.

X

um It doesn't really mean anything to me so and I questioned the decision bottom line on this one I question the decision to replace council member Moore from both the audit committee and the VTA pack. This feels really misguided unless councilmember Moore has indicated she's not interested in remaining on these two committees, where she's served the city and the community as a whole, so well. She is well respected by VTA and professionally handled some key issues and some scary situations in playing the role council.

X

Member Moore is also very deserving of appreciation for recognizing, along with other people, that the city needed to Deep dive into the financial issues and the audit committee and I think some huge benefits have come out of that, and you know there's no such thing as a dumb question. If you don't ask questions and you just go along for the ride, it's not governing.

E

Thank you Lisa. Next, we have Peggy Griffin, welcome Peggy.

N

Evening, mayor way and council members I realize there has been a change in power and that you are all chomping to get started, but the good, but for the good of our city and our region, I'm asking you to keep council member more on the audit committee and to Santa Clara County Transportation Authority back after the 2018 City Council election, when Rod sinks found himself in the minority, the newly elected mayor, Scharf and Council, let council member sinks keep five of his six previous committee assignments.

N

This was out of respect for him, a willingness to cooperate and to maintain consistency for the betterment of Cupertino, not an individual's desires.

N

The progress the audit committee has made in helping the city become compliant with its monthly treasurer's report was due to council member Moore. Once she found out that the law required it, she identified and notified the appropriate people. The city has been non-compliant for years and no one did anything.

N

The city has had 14 years of embezzlement, verbal contracts with no deliverables contract invoices that exceed the authorized limits. Etc many of these have been identified by Kitty because she actually looks at the data and questions items that don't make sense.

N

He's helped put committee procedures in place that improve oversight by having the audit committee review, accounts, payables and monthly treasurer's reports before they go to council. This means experienced eyes reviewing these documents, which, in the past were not looked at carefully because they were placed on consent on an often overloaded Council agenda. We need actual oversight, not rubber stamp documents.

N

At a time when high risks have been identified in the finance department, putting two new people on this committee will set back their progress due to a learning curve. I also believe there is a conflict having vice mayor Moen, an ex-city Finance, employee audit colleagues and workers also she she would need to recuse herself from voting on issues reports associated with these past problems. The embezzlement is still an ongoing issue. The verbal contracts with the chamber go way back. Regarding the fee. The VTA pack council, member Moore is highly respected for her work.

N

Seven people have left this path, so it's critical to keep knowledge and experience as new members transition on. Please put away your differences and let council member Moore remain on these two committees. Thank you.

E

Thank you Peggy. Next we have McNeil Park McClintock, welcome, Neil.

L

Hello uh thanks for allowing me to speak tonight, um I wanted to first start by just mentioning uh where you can find the grand jury report. uh There's nothing to release. It is a public record, so you can actually just go to Santa Clara County Civil Grand jury's website, and you can find it um and in that report it does detail a number of interesting findings and based on those findings, I would actually suggest that we mix things up a bit.

L

I think it would be good to have different folks on different committees, in particular, very supportive of Jr being on the audit, and also the VTA pack in particular, because Jr understands what Transit needs here in Santa Clara County. He has a realistic assessment of our of our challenges and he also believes in the bus and that's really important at a time when many people have given up on the bus the belief that we can actually have a functional, High service, bus Network.

L

As someone who takes the bus regularly and has depended on the bus for much of my life for most of my life, not having uh possession of a vehicle, it means a lot to have someone who actually cares about those issues. Deeply um and I see I also support council member Mohan being on the audit committee. Her vast experience when it comes to government Finance, it could be a really big benefit for the city and also, if you look at the Civil grand jury report, you will also find issues related to the audit committee too.

L

So having new people on there could be beneficial. There's been a lot of stuff. That's set in this item. I will say, like you know, Everyone's entitled to their opinions, but there's a real issue going on in terms of harassment of public officials and getting people in really bad positions and making them uncomfortable or threatened.

L

And so we should be mindful of how we talk about our elected officials like I, disagree with certain folks on the city council, but I'm I'm, not going to say certain things that were just said so yeah just uh be respectful and kind, um and yeah I support these committee assignments. Thank you.

E

Thank you Neil. Next, we have Rashad mendarotta, welcome, Rashad.

AC

Hi I'm rajat and I'm a tenant living in Northeast Cupertino I'm speaking in support of council member Bruin for the VTA policy advisory committee and of council members, Mohan Improvement for the audit committee, given the shocking yet sadly predictable. Revelations of yesterday's grand jury report I believe it really ought to raise the bar for competence, professionalism and healthy governance in our city government, especially in the audit committee, which the report mentions several times uh to that end. Council member proven's qualifications are impeccable.

AC

If you're at the swearing-in ceremony, you saw testimony after testimony to Jr's character, his leadership, his mentorship his relationships, he gets land use, he gets transportation and he gets the potential and the service improvements we should make locally. So I think we can really trust Jr to represent our City's interests and work with Partners across the region.

AC

To set great Transit policy is going to ask pertinent questions, he's going to use committee time judiciously and is going to drastically improve our outcomes, so I think Jr just gets it and with him on the committee, Transit can finally get somewhere. In addition, I think both council member spruin and Mohan are eminently qualified for the other committee.

AC

Councilman Jr has managed a stall on Santana Row he's been responsible for Millions upon millions of dollars in p, l uh and he's got ample experience in private practice and shown a capacity to dive real deep into policy, and vice mayor Mohan is so so blatantly qualified. This just should just be a no-brainer she's got an MBA she's got Decades of financial experience in Santa, Clara, County and four years of exhibitional experience as an administrative services manager for Union City. This audit committee.

AC

After reading that report desperately needs your experience with Municipal finance and her work in the counties. I mean that's the county, not the cities, office of budget and Analysis. It involved a budget of eight billion dollars. That's 60 times larger than cupertino's she's managed. Also the District Attorney's Office budget. That's got 400 employees at Union City. She had 300 employees to manage. Cupertino has 200., so we're going to be very lucky to have someone.

AC

That's so overqualified on the committee, so I think we should raise the bar on Cupertino when we're lucky enough to get smart and Ultra competent people like Jr and Sheila. We should position them to make the most impact so I strongly support having Jr on the VTA policy advisory committee and Jr and Chile with the other committee. Thank you.

E

Thank you rajat. Our next speaker is Rhoda Frye, followed by Louise sadati welcome, Rhoda.

E

Okay, so it looks like Rhoda holds your uh lowered your hands, so I will call on Louise welcome Louise.

O

Hi, uh can you hear me yes, awesome? uh Let me put my oh I can see the timer, um so uh I wanted to uh uh respond to um a speaker that spoke previously uh and um I am a resident of Cupertino for 35 years uh my father was a U.S veteran in World War II, who fought for four years for America in the Pacific Theater, and it's because he survived that I am I was born and alive, and here today so I am a proud American.

O

Even though I my parents came from China uh and I was born and raised here and very uh proud and grateful to this country. Secondly, the country moving forward uh for the city moving forward. It is very important that the recommendations in the December 19th civil grand jury uh be followed. It is found for in s c s, Court, dot, org, again s c s, c, o, u r t dot, org um and uh is very uh easily found, and not not hidden public record.

O

Three I'm I'm, very sad to say that unfortunately, Kitty Moore is specifically named as interfering with City management and staff and the city interference is a violation of the council manager form of government. It's actually a misdemeanor uh doing it once rather in well several times, and it really was disturbing to me to to see that um there was a interference, berating and belittling and giving direct assignments to the city staff. I have found the city staff to be extremely professional, receptive and good, and to have them treat it in.

O

This manner is like really painful to me to to hear um so um so and also to to another speaker. uh I feel that we need to move forward in in good civil discourse. We can disagree. We can have different opinions, however, tone of voice screaming to man and name calling is not good for our city. So I would ask that speaker to please please refrain from making using certain tones of voice name.

E

Thank you, Louise I'm, going to call on Rhoda I, see your hand is raised again. I think you were having some issues so I'm going to call you now.

AD

Thank you good evening um and since we're talking about this grand jury report which I wasn't planning talking about, um you know it failed to mention that it was our city council, especially Darcy Paul, who invested in the Moss Adams report to address the 800, 000, embezzlement and other operational deficiencies, and now we've got this wonderful blueprint to move forward on this and we need we thank our Council for that, and also especially Kitty Moore, who is she's done a deep dive, whether it's environmental um and VTA and and especially audit- and you know it's I I'm, just eternally grateful.

AD

um You know, I read and I read the report and I gotta say it's really unfortunate that when stock was not forthcoming with data, our Council move, our council member Moore felt compelled to do public records requests. Now you know, and and so the complaint was well, you know Council more did public registration she shouldn't have had to um so anyway. I want to talk about committee assignments.

AD

um I was an appointed member uh by a former um city manager to the environmental Review, Committee and I had the pleasure of serving on that environmental Review Committee with uh council member Moore. She did an outstanding, over-the-top amazing job. We shouldn't be surprised because we see what she does in public. I will tell you. She was amazing on the ERC.

AD

um She also made sure that the members of the ERC got secret training and, and that really it for me it was a refresher um and for others it was brand new and it was, and it really made it made a huge difference.

AD

um You know with respect to the public committee VTA, um there there's been a lack of continuity there with a number of members leaving VTA. So for the sake of continuity, man would be good for certainly good for the community I mean this is what we're really about. This is why we elect our city council is to do the right for our community and having Kitty on VTA would be the right thing for our community.

AD

We need continuity, and so even looking at the committee assignments from 30 000 foot view, um it's really surprising that we are lacking continuity. Obviously, we lost two council members. However, I think that the council members, who have been around from an experience should take the lead and the new council members should take.

AD

um Take um you know the secondary the secondary position, sort of second position positions um and I'd also particularly very grateful for Kitty's work on the audit committee and and all all of the work and figuring out that we had contracts that that that were verbal contract tax, these she's really being protected by our city and I, want our Council to protect our city and make Good Counsel science good good committee assignments, also having having committees that don't have members doesn't make sense to me, like the legal, the legal one. Thank you good night. Thank.

E

You Rhoda next, we have Ian greensides, followed by John Geist, welcome Ian.

F

uh Good evening my name is Ian greenside I'm, the business owner here in Cupertino, Stevens, Creek, Boulevard, greenside law, full disclosure and I have worked together over the past couple of years, professionally I took over the law practice of Jim Rodriguez recently, who had worked with and taken over Jim Jackson's law practice a few decades ago and uh Jim Jackson was a prior mayor of the city of Cupertino and I'm just proud to be like deeply connected with folks who have a long history. Here in Cupertino, I've lived in the area just about 10 years.

F

My spouse previously taught it to USD. As a special ed teacher at Meyer Cults, my children have attended public schools here. Four of my five children, including Cupertino High Lawson Eaton and De Anza College I've, served on the Cupertino High School State Council, the fohsd foundation board, and just when I've spoken and advocated recently I've been questioned about since I, don't live in Cupertino.

F

Why should I be speaking well, folks, businesses, we need businesses in this city, and business owners are deeply embarrassed by the actions of the prior City. Council. um I won't speak about why I'm?

F

No longer living in the city of Cupertino I spoke about that U.S council meeting, but I'm here tonight to ask you to restore some sanity to the city council and to the city of Cupertino, which previously was well respected for its management I'm asking for you to please appoint to our Fruitland to the VTA committee, to the policy advisor committee and to appoint Sheila, Mohan and Jericho into the audit committee. No one on this Council has more experience than Sheila Mohan in dealing with the city of cupertino's finances and J.R. Fruen is uh extraordinarily experienced.

F

Someone earlier talked about a learning curve jar through and as highly qualified, has extensive knowledge of the city's operations and finances and understands planning. Quite frankly, more than most elected officials I've ever met and I also believe that Jack fruen and Sheila Mohan will set a good example for our community. That won't embarrass us any longer. I mean they won't embarrass us as prior City. Council members have done recently. So you take a look at the Grand Jury report and, of course met your own decisions. Thank you.

E

Thank you Ian. Next, we have John guys, followed by Gene bedord welcome John.

AE

Thank you, I'm, coming through okay,.

E

Yes, we can hear you.

AE

Thank you, hello, mayor way: council's City, Council, Members, Madam city manager and Madam city clerk. Thank you for allowing me to speak. I've been a resident of Cupertino for over 25 years and I'm like to welcome the new Council, looking forward to a prosperous, New Year coming up and I'd like to speed on this agenda item I support the committee assignments and look forward to the unappointed positions being discussed further to be a bit more specific I'd like to elaborate a bit on a couple of the assignments.

AE

I support the council member fruen for the VTA Pac role, I believe his experience and supportive Transportation will serve us well in the present and planning for the future and I also support vice mayor Mohan for the audit committee. Her experience in finance and administration will be highly beneficial to this role, and that is the extent of my comments. Thank you for your time.

E

Thank you John. Next, we have big July Monica melon, followed by caller0802, welcome Gene.

M

Thank you Kirsten good evening again mayor way. Vice mayor Mohan and council members, my name is Jane bedord and I'm a long time, Cupertino resident I'm commenting tonight on the proposed committee assignments.

M

You know, rotating committee assignments is beneficial to both the city council members and the Committees on which they serve. This way, council members learn about different aspects of regional responsibilities. I reviewed this slate and the rotations make sense.

M

Given the grand jury report that was released yesterday, I'm particularly pleased by the assignment of Sheila Mohan to the audit committee, the grand jury report highlighted the fiscal and risk management issues in the city. Well, Shield is very well qualified to work with our finance department.

M

You know she worked for Santa Clara County for over 25 years uh retiring as a finance director managing the budget for 13 000 employees, as well as the District Attorney's office, which had 400 employees. Let's compare that to the approximately 200 employees for the city of Cupertino for additional perspective.

M

The Santa Clara County has an 8 billion, that's billion dollar budget compared to the approximately 130 million dollar budget for the city of Cupertino. Now, let's look at our city experience. She was the uh the administrative Services director in Union City. Of course she managed the HR functions as well as the budget, oh, and by the way she also has an MBA from San Jose, University I, think she's rather well qualified.

M

In addition, the second most qualified person on the council to assume audit responsibility is J.R fruen.

M

Now he doesn't talk about it, but Jr ran a successful retail store at Santana Row before switching careers to become a lawyer as a manager, he was responsible for a multi-million dollar profit and loss, as well as managing retail staff, which has its own challenges. He brings the perspective from a private sector that complements the public sector.

M

Mayor way, thank you for your thoughtful committee assignments.

E

Thank you Gene. Next we have Monica Malin and it looks like Tessa. Parish fell off the list, but you had your hand raised so I will call on you after uh these speakers, welcome Monica.

AF

Hi, this is Monica Mellon and I specifically want to comment in support of the proposed BTA pack. Appointment for Jr Freon I think he understands Transit well and will bring a much needed fresh perspective to the pack and, most importantly, I think he'll be willing to work with the other cities and the county to move important projects and programs forward.

AF

I've been involved in transit and Transit advocacy for the past five years or so, and I've watched all the meetings and everything play out and the PAC members and board members that are the most successful are the ones that are really able to collaborate with the other members from the other cities and the County Supervisors, and really find a way to move forward together and I, really see that quality in Jr and really encourage you all to vote for his appointment. Thank.

E

You thank you Monica. Next, we have caller0802, followed by Tessa Parish welcome caller0802.

E

You'll need to unmute yourself thank.

AG

You hi everyone. This is. uh This is Darcy Paul good to see all of you, um I'm gonna go ahead and make a quick statement here.

AG

um You know I I'm, really against the idea of taking people who have done good, uh diligent work, that's been on it and smearing them I, don't care whether that smear is paid for and undisclosed or whether that smear is anonymous or whether that's smears. Institutional and I want to point out two things actually I'll plant three things.

AG

First, this is a decision that is ultimately made by this Council I respect that, but that doesn't entitle people to lie about the record and to smear people all right and so, with regard to the audit community, I want to point out one fact: you need people when you're talking about auditing finances that have some courage and brave and the ability to read stuff and stand up for things that are needing to be legal and accurate and in all of my experience in eight years, I have not seen that done more uh more more fully than when Kitty Moore said, look, there's state code and there's municipal code, and you need to make sure that you have monthly reports and there's a lot of talk about the uh the grand jury report read another grand jury report that came out a couple of days ago.

AG

It doesn't give credit to Cupertino but Cupertino found this out and that and that needed to be complied with on a monthly basis. And that's what happened and that's what Kitty Moore brought to the table. Read that grand jury report. It says specifically that Cupertino collected it, but what it does not say is that council, member Moore on the audit committee LED that okay I'm on the VTA board, apparently they're, keeping me there until the end of the year.

AG

Well, I can tell you about VTA is that we have the worst farebox recovery of the entire nation when it comes to light rail. The bus system is not really doing that. Well either, do you have people with Integrity that can stand up and go ahead and say hey? What do we need to do to fix this transit system? Now you have people that have been saying. Oh well, I followed this and that well I follow this, and that too, for eight years and I will tell you.

AG

Yes, this is a challenge decision, but don't smear people and misrepresent a record with regard to what they have done. This Council, the previous Council, have done their very best to make things better, but unfortunately, a lot of politics got in the way, whether it's institutional, again Anonymous or paid for and undisclosed. Thank you very much. Do the right thing, work together and I wish you the best of luck, take care.

E

Thank you, Darcy and our final speaker is Tessa. Parish welcome, Tessa.

Y

Hi good evening again, and thank you um so yes um do. You know actions speak louder than words and someone said about the representatives. Embarrassing. The city I I just want to say that you know I'm not sure, and this is something that the council can look for, and research on their own, but I believe I read that um vice mayor Mohan was on the finance during the embezzlement time during the time that it was being embezzled and she didn't catch it, and maybe maybe, when you're used to running so many.

Y

You know such large numbers. You start getting a little more relaxed and this is why it's good to have people on new. um You know new, newer people look with fresh eyes. Maybe it was getting locked and I. You know missed it that way, but I would not, and someone else mentioned that she would have to recuse herself, because it's true, if she's auditing, an era that was still open, that's still open on the embezzlement, it's going to be she'll have to recuse herself.

Y

So as far as you know, selecting someone actions speak louder than words.

Y

The amount of literature volumes of documents that kitty has read and gone through for the environmental for the audit for the VTA I have seen her dive into those documents and no one that I've seen read and hold really comprehend and and and be able to uh explain it well and then put it into action. So you know I also read on the audit um that it was basically they were both blaming each other.

Y

So I can see someone being very overwhelmed, overloaded and and working so hard losing their temper a little bit mostly when things weren't getting done. I love the staff.

Y

The staff I've met, have been wonderful, I, don't think anyone had any ill intentions, but you know, depending on who was canceled previously, maybe they were left with a lot of messes to clean up as well I like to think people, you know give them credit is and not think ill of them at all, but Kitty is absolutely the most qualified and finding the things that she has found.

Y

I really doubt that anybody else is going to do the kind of job that she did and will continue to do her for uh audit and VTA as well. Thank you.

E

Thank you, Tessa, mayor back to you.

E

Who are you muted, mayor.

E

Well, actually, it shows that you're unmuted, so maybe you need to change your setting on your.

E

Headphones perhaps can.

C

You hear me now: yes, okay great, so um something is wrong with my uh earphones, so I like to bring this back to council, um actually I like to make a cup of I'll be the first one to make some comments, because a lot of comments are toward how and why I, you know assigned this. So there are two principles: when I follow when I make assignments. The first is, there is no bad assignments, the because we are in you know, in collaboration with the whole Regional.

C

We have Regional agencies that our council members go and represent the city of Cupertino, and you know when council, member, Moore and I were elected. We were brand new and we took whatever I at least took whatever mayor Paul assigned me, because when the first year, when I, whatever I asked I wasn't assigned to me- and I was okay with it, and I did really well in a couple's assignment that he gave it to me and learned a lot of things. So I do believe there is no bad assignments.

C

Okay, second I want to make really very clear when I made assignment I did not know about the grand jury report. It did not come out until this Monday, so I did not take any of that grand jury reports um in into consideration. The two uh principles that I do in assignment is first I, do believe rotating into different agencies to understand that to make connections to broaden our city council, members of the view of regional collaboration is good for the council, so there is no.

C

um You know I'm not saying that I do believe. Council member Moore did a great job in all the assignments she did, but she took them when she was brand new too, and in the two years she learned. So much did so well and I do believe it's for me and for her to rotate into other agencies. That's the first way uh why I did what I did the second is.

C

We have new council members, new council members, we have Sheila Mohan and vice mayor, and we have council, member from they According to some of the speakers. I should put them on second place and get everything, but that's not true. They are elected capable with their expertise, they're able to learn they're able to represent our city, so I do believe and I try to be fair, that everybody has some leave everybody some some alternate.

C

So my two principles are: let's expand our knowledge and represent our city, different Regional agencies, to learn and to be able to collaborate, make connections with different people and I think that's beneficial to Cupertino. That's beneficial to council members themselves too. The second we need to give our newer council members the benefit of the doubt they are capable they can do, they can learn and they can be as good council members representing Us in different agencies. That's the two things I made, the council appointment and I absolutely have to tell you.

C

I did not know any about the council reports. Okay, I have no doubt councilmember more degrade jobs in a lot of things she did and I made that decision according to what I believe that's good for the council members. So that's the first thing I would like to make. The second thing is: there are some accusations on our vice mayor, Chicago, I'm gonna share my screen and give you some facts.

C

So can you see my screen? Yes,.

E

C

These are the facts with our vice mayor. Shout employment, history with Cupertino. Thank you. Sorry. Vice mayor Vice was hired on a temporary part-time hourly basis as Finance when our finance manager David would abruptly resign. She had no audit responsibilities. She was paid 493 dollars in 2013 for some December 2013 word and 20 397 for the first three months in 2014. she reported with Carrie Atwood, who was no longer with the city, and you know the investment people in always talk about it.

C

It ended in 2014., so it wasn't where Council uh vice mayor Mohan has any responsibilities and she is well qualified to be on the other committee and she is a capable vice mayor who can represent our city very very well, and they talk about. She could collaborate. She couldn't supervise her own colleagues, Christina Alfaro, who is our administrator director and finance director right now. At that time she was Senior Management analyst in 2013 and to support the record and assistant directors and on October 11 2013. She began assistant to the city manager.

C

So actually, our director right now had nothing to do with the finance, uh the embezzlement or oversight and in 2014 that's when the embezzlement ended. She became director of administrative services, so I hope I set the record straight that our vice mayor had nothing to do with the embezzlement. The investment ended in 2014 and our current Finance director administrative director had nothing to do with investment. If I had to speak a little bit further. Our city manager Jim true, who was a specialized in finance. He actually had told me our financing.

C

Our current fantasy should be credited and commanded for finding out the embezzlement in 2018.. They did not give up. They traced it. They got almost 800 000 back for the city. They are to be commended not to be reprimanded. So I want to make this very clear. So now I'm open up to council deliberation. Oh wait a minute Council!

C

Yes, because we don't have a motion or a second but I'll, listen to the console input. First, I'll stop sharing right now.

C

So any council members, oh I, think councilmember child raised her plan first, followed by council member Moore and I want to also add to I have nothing but compliments for council member Moore for her performances on all the assignment that she was. She has done for two years council member of ciao yeah.

Q

Thank you mayor. So, since many of the public brought up the grand jury report that out yesterday called House Divided to discredit a council member I think I should address that grand jury report is this kind of civil grand jury report is done in our account through a confidential interview. As a result, the report is based on unsubstantiated in opinions of people who are called food, who we don't even know who they are and destroy.

C

The jury council member ciao may I asked a question for City attorney because um I don't know if point of order is here we're not talking about.

Q

Many people refer.

C

To that to this.

Q

C

That's probably common as council members, this is not agenda is I, don't think I personally think we could not talk about it, but is our City Attorney General still here I, don't.

T

See, oh yes, sorry I, don't know what happened to my camera! I'm! Sorry about that, um uh so so I I. So while I would definitely caution the council that the the December 19th grand jury report is not agendized today, uh to the extent that there were uh uh comments that called into the question the qualifications of certain council members to serve on certain committees. That would be relevant to the discussion today.

T

I would urge uh the council to keep um keeping discussion narrowly focused on those statements rather than a general discussion of the um the merits or demerit the grand jury report and the grand jury process.

Q

So that report can on choose and pick the statements that they want to support their conclusion, and there are interviews given to them and they did not support those or select those comments.

Q

So just keep that in mind, and there is no ways to verify any of the claims, because it's not based on factual data and I would like to also point out that being a finance manager, even a very, very, very good one means that they are very good and more follower, because they need to follow a lot of Legal Financial rules rather than someone who are good at spotting problems and fixing them.

Q

That's not the job or responsibility of a finance manager and the finance manager also does not make policy decisions on how to budget for a city or for a county for any office, because they follow the policy interactions. May the by a legislative body I think we should understand that and I think actions matter speak louder than anything and council.

Q

Member Moore has proven herself through the two years that she has Point picked out things that even the finance people who worked with years of the experience in the finance department did not realize, and one of the grand jury uh report pointed out. Many cities are out of compliance with the monthly treacherous report.

Q

The council member Moore pointed that legal requirement out and insisted on the city to provide that as a result in that report, Cupertino is being they not recognized as being moving towards compliance, because we have been complained since May of 2022., thanks to councilman, for more and and also council member Moore found out that the city has been paying an organization annually for many years, without even having agreement on what the payment is for and that many people who have years of experience in the finance department didn't find out, and she also pointed up.

Q

We had contract who went over budget and then we that there was in regular a report. Therefore, it wasn't caught so I think on the audio Community, it's important to have someone who actually have an action and experience, and that is good at picking out things that normal people might ignore, especially when it's oh it's done annually.

Q

Oh that's, just too, it has way has been done this way, but if we need someone who would question so that we can then find out what we might not know before, this is not trying to pick on anybody. It's just so that we can improve the process and council member Moore has shown that she can do that and on VTA I think she has it's well known as she's very respected by both the staff and board members for her professionalism and uh and that I want to point out that I.

Q

Okay, let me share on the screen. I made the table of the assignment so.

C

Council member, you have a few okay.

Q

More has only three primary assignments now, while other council members has a much much longer list, she has the shortest list so far, and this is not equitable. Thank you.

C

Thank you, council, member Moore, I believe you're next.

S

Okay, thank you mayor and uh thank you, council member Chao I noted that I was given this the shortest number of assignments and a repeat assignment on sister cities and I. Think that's what uh the the mayor really wanted to do and I do think.

S

The statement from the public that this this council's chomping at the bit is is correct and they definitely are chomping at the bits to uh remove me from the positions that I've been sharing so I currently chair, four committees, I chair, the audit committee, VTA pack, environmental Review Committee, and the cep Strategic advisory committee regarding the affh uh with regards to the trial that I under I will respond. I've served two years on the audit committee. My colleagues voted me to chair the committee for 2022..

S

I was the person, as you know, who read the Cupertino municipal code and the state statute regarding the legal monthly reporting requirements and worked on the subcommittee to work with staff on the format of the reports to council.

S

While there are errors in the grand jury report regarding credit cards, I did not ask staff members for their statements. Nor is that anything I would do and we will touch onto that topic in the future. The manager did look into the matter and provide me with a check-in and recommendations regarding those statements and the audit committee made policy recommendations regarding the city, investment policy and I initiated the request to remove cryptocurrencies in any form from the possibility of being invested in within the policy. We also now receive a monthly investment report.

S

I work to ensure the city does not pay on verbal contracts, I researched the HDL contract problem and worked on other policy matters regarding Council delegation of funding.

S

This committee should simply not be stirred without overlap from Council VTA pack, the policy advisory committee. My colleagues have voted me in as chair twice now, I was appointed to the nominating committee for next year and I am supposed to report in in January I plan to help out on Pac providing continuity. Our committee functions very well. We show care in consideration for the equity needs of all of the Cities I've, most recently been working on the Tod policy myself.

S

Another Pac member, along with former board member Paul, visited a transitional housing project in San Francisco recently with the director of dignity, Moves In order to further the ongoing Tod policy discussions at VTA pack. We have been having around the potential for transitional housing on underutilized sites prior to permanent Development, coming in, for example, I've also been assigned informally to the Stevens Creek steering committee and have analyzed the RFI from San Jose regarding Corridor options and summarize them I provide reports on the Pax activities to the board. The committee has a steep learning curve.

S

I've also had to appear in court due to criminal threat made against the board, which I requested staff look into. You may read about that in the news. My background is civil engineering, Land Development, having among other things, designed streets and conducted Transportation, Los calculations. I will move on to the ERC. The environmental Review Committee I have served four years on the ERC tearing it two years as a Planning Commission and two on Council I was the member who requested secret training specific to the eir ERC, which only council member Chao has also received I.

S

Actually do read soils reports and other environmental documents. In my spare time not kidding this year, I took courses on sqa eir, covering the secret desk book industrial ecology, which helped understanding the climate action plan, and, most recently, environmental law and I have been reappointed to the Cal City's Environmental Quality policy committee for a third year, I helped push the Plastics initiative, which ultimately resulted in passage of SB. 54. I would be happy to serve on this committee and it meets very infrequently like three times.

S

If there is a change to the membership, please have the training repeated. The fourth committee I chaired is the cep. Strategic advisory committee regarding affh that one came out of the blue and I would be happy to pass. The torch I was put on the sisters committee last year, I'd be happy to let someone else have that, like council member fruen with his Cupertino sister City's connections, and with that. Thank you.

C

Thank you any Council. Other council members have comments. You have five minutes to make your comments.

G

I'll, just if I.

C

Make number four.

G

C

G

Just comment very briefly: I'm I'm, very thankful for the support from the community and I will be supporting the recommended appointments for this term.

C

Thank you, council, member from vice mayor Mohan. Do you have any comments, if not.

AB

Oh no, my only comment is I support. uh The appointments that you have made.

C

All right, thank you. Vice mayor, Mohan, um I, don't know if I used all my five minutes, but I really want to reinforce I did not read. There was no civil control jury um report. When I made these assignments and I am positive. That councilman Memorial would shine in all the rest of the assignments and I did try to make it.

C

um You know pretty even so might have missed one, but what I want to say is even if you are on Alternate I was on Alternate for many of the assignments for the past two years, but I've attended by listening to all the Silicon Valley King energy meetings, including their executive board meetings, even as an alternate I was I, listened to all the Cal cities, Santa Clara cities, associations, all the their board director meetings and also their exactly board meetings. I listened to quite a few meetings as an alternate.

C

It's very important important that you are informed when you're the main person who cannot make it you can jump in and do the reports and do the meetings right away so being an ultimate is as important as being the main person. That's the main council members, they're representing so I, have even though I was ordered in many many and I've been really doing my due diligence. Diligence in listening to meetings, familiar myself with the all the ins and outs, so I can step in right away.

C

So I want to say that really again to go another agency and make connections, learn different skills and using your talents and abilities to represent the city of Cupertino is a very, very important task. It is really part of what we do: the regional collaboration. The second is I, really want to give our new council members the benefit of the doubt that they could do as well as council, member Chow council, member Amor and myself, representing us in the city of Cupertino to represent us to make connections.

C

So I have full confidence that, even though they are new doesn't mean they would do a worse job than our current council members we're all in a learning mode. We did not get elected to know the VTA legislative things or anything else. So I would like to give our new council members the benefit of the doubt to give them that opportunity to make connections, to learn and for existing current city council members to go and learn and Internationals in other agencies. So I do not.

C

You know, I still, I stand by the appointments that I made and I would like to end my input. This way, um I I know we cannot please everybody, but I do believe that all our council members are capable and very they will be diligently representing the city of Cupertino. Every job is very important so with that I am going to attend a motion.

C

May I have a motion to approve the recommended assignments.

G

I also move that we approve the 2023 council member committee assignments.

C

No case we moved and do I have a second.

AB

I will second, it.

C

Already removed and seconded do we have any more discussions? I see council member Charles, hence raised councilmember child.

Q

I would like to propose um substitute motion already. Please do for consideration so on I'm, sharing this chart on so I'm, proposing to um assign council member more on audit and BTA so that we have continuity on these two very, very important committee on things council, member Moore has done an F7 job on this and really really need her to be on these two committees and then I would propose to move water district on I think this is a very important assignment that comes the council member foreign.

Q

Advocate for environment, and he can contribute a lot in the valley water board. With these two with this movement, then each of the council members have four or five assignments council member Floyd has five and the rest of us have four, and the mayor has six assignments on the rest. Are alternates, so I think that this um is a more fair assignment. I think I would like to also remind everyone that this election, even though the majority seems to have shifted.

Q

The different number of difference between foreign and Steven shop is 444 bucks, one percent of all the votes, casted less than one percent of the votes casted. So we have a divided City and the people who won spend five times more on campaign funding than the other two laws. So.

C

So this is my motion. um Okay, we have a substitute motion. uh Do we have a second, uh please unshare, uh council, member Chow? Okay, thank you. Do we have a second for council member, Charles, subjective, emotion, uh council, member Moore? Yes,.

S

C

Second, okay: we have the motion and a second um any discussions, all right, we're going to a vote that um so we're going to vote on the subject of motion. First might not see the clerk roll call. Please, council.

E

Member ciao aye councilmember proven no.

AE

E

Moore hi vice mayor Mohan, no.

C

E

Way no motion fills with ciao and more voting. Yes,.

C

All right so now we're going to the original motion that's made by council member from second by vice mayor, Mohan, um Madison.

E

Council, member ciao, no council member, yes, council, member, more, no vice mayor Mohan, yes, mayor way, yes, motion carries with ciao and more voting. No thank.

C

You, mother, Steve, Cook, okay, so I think that's the end of the um meeting. We can go to um use your agenda items.

C

And I would like to um as I said: oh councilman Memorial you go first.

S

Okay, uh thank you. So I would like to see if I can get a second, that we form a subcommittee to view the ab 1600 ab1483 mitigation fee act, reporting and the format uh we would meet with staff return back to council I'd like to set a date that we would return by uh by the end of March and be the second meeting in March um if possible, and because this is something that I've already been doing.

S

The research on I would like to be on that subcommittee and uh if I can get a second, then we could see if we can get assign them. If that's okay with the city attorney I'm or do we need to come back and then assign the subcommittee after making a suggestion which I think the second, the latter, okay yeah.

T

You would need to be agendized for Council performance.

S

Okay, so I would like it if possible, for this to come back on the 17th of January on I. Believe that's our next meeting, um if possible, do.

H

S

C

So we have a uh oh I'll, second, okay, so um metal city manager. um You have a record of that. Okay, great any other who have agenda items except me. I would make that the agenda proposal I would like to bring back the Commissioners and committees.

C

um You know a study session or maybe agenda item so that our new council members can get familiar with it and we can have a meaningful discussion and understanding of all the Committees and commissions in the city, because we do have quite a few of them.

C

Anybody would like to second that so we can put it on the agenda.

S

C

Council member.

S

uh Mayor Ray I just have a question because I'm I'm very familiar with the commissions and committees um over the past four years and having read the municipal code for their duties, powers and functions. Is this something that could just be given to the com? The the new council members in a since? If it's two could they have a meeting with staff to go over it.

C

So what would the new council members Jared, Flume and uh and vice Mayors um uh preference.

G

I believe you have the City attorney with his hand, raised.

C

Oh I'm, sorry Jason yeah.

T

I would do so I guess. First I would just ask us not to deliberate on this at this time in second I, just put out as mayor of our rules provide that that the mayor can put an item on us at your agenda um without a second.

C

Okay, thank you for the uh explanation, alrighty, so I guess we don't need a second okay. Anybody else have a future agenda items to propose uh council member Chow. You and N is still raised. Yeah.

Q

um I agree: this should be a report and maybe the report should be included in a future committee assignment agenda. It's that way. The public also need to know. Okay, what it's like so.

C

All right, thank you. So it's not a proposal for agenda item but I.

Q

Don't think it needs a study session, but I'd like to propose that I think we heard about the someone mentioned that the tamian Nation monitor requirement. I would like to understand more about that, because I asked the staff on Westport and Marina do not need those monitors. So I would like to know what's the difference when it's necessary I don't know if this should be a study session or um this litigation major.

C

um As city manager, pamelu.

U

Thank you. Thank you, mayor Ray, um so councilmember child. We can follow up with you separately. um It does not need to be a public item. Coming back to council.

C

Okay, thank you. um We have more council member, more Johannes is released.

S

Yes, thank you. Mayor, Ray um I actually want a second council member Charles um uh item there with regards to the tamian nation, I'm also concerned with regards to ministerially approved projects and how that could potentially impact them or not, uh and it doesn't need to be specific.

S

But I would like to know about this issue um because the the the tribal resources element that has been added in recent years um to the government code, um we don't hear a lot about it and I think it just a nice study session where we can be educated on it and and how it's being implemented. I think would be very helpful. So I agree with council member uh Chow on this on on bringing this back and I.

S

Think it's it's very important that we are are also respectful to the the people that lived here first. Thank you.

C

City manager thank.

U

You mayor way foreign council member Moore. What would you like to see in the study session or can that be done in an informational memo? um Are you so what you? What I heard, are two different things council member Chad would like to see how this is applied to other projects. What I heard from council member Moore is how the process has been administered.

Q

I so I was a mayor. Could I go ahead? Yes, okay, so I would prefer that this is a study session because it turned it seems. Some projects require this mitigation by outside, monitor all the time when the ground is Disturbed, but some projects don't have that requirement. I think the project applicant developers need to know how to choose the past, which one will be better I. Think the council also need to know, because we approve these conditions of approval, and there are the difference.

Q

I didn't know that when I approved them so I think we need to actually be educated about. The difference on than a study session would benefit a lot of future project applicants who were built in Cupertino and also the considerable cost that they should be aware of.

C

Councilman or you have some input to.

S

It please I I agree with with the comments there. I think they they work together very well. I would going back to I would like to see how this is applied to other projects as well, and going back to the original comments about the tribal resources uh in general I'd like to to hear how this is how this is being implemented and I do have another agenda items so.

C

Let's finish this one first um city manager will do you have clear instructions of what the two council member members want.

U

We'll do our best um so, given that there are a number of items coming back, can I at least ask this to come back. Maybe in March.

C

Don't um because uh city manager- and you know we will look into it. Thank you. Okay. Councilman continue. Please.

S

Okay, thank you. um So it seemed like we uh got into some of the the policy problems with regards to the committee assignments so and and within the um the grand jury report, there was uh suggestions about recommendations about um uh Council policy, and it was interesting because one of the words was around censorship and I've and I've seen this. This used um it's some in in on by some legislative bodies, and um so I'm I'm concerned uh a little bit about that. One.

S

uh Ordinarily, when, when I read about censorship, you would actually remove someone from all of their committees um as a form of censorship, and what happened tonight was that I was given less committee assignments than the other council members, which was which was a de facto form of censorship without having any kind of actual investigation or or conduct some sort of a trial. It was like it was like a trial happen regardless.

S

So I would like to talk about the policy for uh signing um the committee, the Committees, to each of the council members, and we should probably agree on that. Moving forward for for fairness and and talk about how I think this is a really good case. In point, this is the first time I've seen uh essentially a trial of a council member with regards to their committee assignments. So I'm hoping I have a second, because I think it's a pretty interesting topic and the public might want to weigh in.

C

Do we um do we exactly know the proposal of the agenda? Is it a generally about censorship or um just specific? We want the ordinance of how these assignments are being assigned. I'm, not really clear, but um maybe yes see her and Jensen. You can wait in please.

T

Yeah I just I just wanted to let the council know that that that there is an intention to bring Council policies to council early next year, so so this is something that could definitely be addressed in that that contact from his um they're they're um uh assignments to committees are are commonly addressed in rules.

C

Okay, that sounds good.

S

um But through the mayor, um thank you for mentioning that, without with regards to the policies, I, don't know if the other Council the new council members were given uh the book of policies which I was mine, was actually missing. uh The 500 facility use policy uh at which uh other council members have known about and actually used, um and there was also another request with regards to policies.

S

So um uh there there's a book of um policies going back to around 2013 2014 time frame where um they, they all the city policies were collected and they were evaluated by the uh I I think it was the City attorney. That's what the work looked like. They evaluated all the policies and made recommendations on them. One of those, for instance, was the green purchasing policy.

S

So if we could from because of my interest in in the environmental side now and working on this Environmental Studies program, I would like to see if that it was a 2007 green purchasing policy which we had. If that could specifically be brought back to take a look at and update it, because it's it's very dated um I would appreciate that. So the the first part was with regards to.

S

Can we look at the policy for um these committee assignments, so I'm going to assume that that attorney Jensen, that that will be coming back in the in the package of uh policies that we're going to see, but also on a side note with the green purchasing policy, I'd like to see return to us and get updated um because we're we're holding up many events throughout the year? We'll see plastic, water bottles um and but but when we do earth day, we'll we'll have an alternative.

S

But then we go back to the same same old same old afterwards with this with this waste. So if we could pull that back, I would appreciate it and see if I can get a second on that.

C

uh See the attorney city manager Pamela, do you know, do you have an idea of what this green policy is and because.

U

Mary way, so I am a little confused in terms of what the future agenda item is about. Is it all about, so there are two different types of policy council member more so there are some of the council adopted policies, and some of them are administrative policies that are only applicable to City, T I'm, not sure which policies are referring to um that. You would like to be brought back.

S

Okay, so it looks like we're going to be through the mayor, we're going to be looking at the council policies, which would include the committee assignment policy, which I guess we're going to have to craft um at some point, uh so that I would like us to be creating the committee assignment policy and you're going to bring back other policies, I'm going to assume you're going to make a recommendation regarding proclamations and certificates of appreciation because we don't have a policy around.

S

That uh is that is that how you envision this, um that you'll be making recommendations for certain policies like the one, those that are that we're missing.

U

um Yes and so I guess I misunderstood you, so you would like to add a green product uh policy in addition to what we're uh preparing to come back um in the New Year, okay,.

S

So well separate separate issue for Council policies. um We need to cover things like our the proclamations and the certificates similar to the the policy I shared uh with with you from Santa Clara, um so they already had that that policy in place for what for when? When is it a proclamation? When is it a certificate of appreciation, if they already have that it could be something that ours could be based off of, um and then, with regards to the committee assignments, um our we need some kind of a policy there.

S

Are we going to do this equitably? um If not, why not? Those types of questions would need to get answered so you're going to need a study session or around around that then separately uh with regards to it would be a green purchase. Singh policy update. We would see the policy that it was originally there and have recommendations to the staff whether or not um it's uh if you're.

A

S

You're making certain requirements it's going to increase the cost. Do we want to make these certain requirements, um because not all green products are the same price that that sort of thing so does that make sense? Yes,.

U

Thank you um and point of clarification. Chris um so does this need to come back as an agenda item before we come back to council um formally so I understand if the council member Moore gets a second, what was just talked about needs to come back as a as an official agenda item to be voted on.

T

Well, I mean what was this I talked about meeting the agreed purchasing policy? uh Yes, to the extent that it's a council policy, that's correct,.

U

Okay understood thank you.

C

Okay, uh do we have a second for that? Please.

C

um Okay, okay, so if that's the end of um Council proposed future agenda items, the meeting is adjourned. Unless somebody has more to say all right, the meeting is endured in 1055 10 15 p.m. Thank you very much. I'll see you soon happy holidays. Everyone happy New Year. Thank you very much.

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