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In about half

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a minute with her meeting. Good

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evening everyone and welcome to the June
nineteenth two thousand and eighteen

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meeting of the Cupertino city council
if you are please rise and join us in

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pledging allegiance to our nation's flag.

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Or.

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Thank you very much Madam city clerk if
you would please conduct the roll call

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council here count the number five he not
been here counts number saying here I

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sneer thinks there Paul here our first
item of business is a report out on

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a close election Biden was heard and direction
was provided however no final action

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was taken in our open session
tonight our first item is

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a ceremonial matter and that
is I don't number two it's

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a set of proclamations to our crystal Ward
winners and I understand that we have

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a number of the quest award winners here
tonight I will read them off and we have

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proclamations to present we do have

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a couple of representatives from our local
elected officials here as well that have

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provided. Declarations and certificates
from their offices thank you for being here

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tonight and I would ask them to come up
once we have the crest award winners

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announced So when you hear your name there
are seven please come up and receive the

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certificate The first is to Kristen
Jensen Sullivan and Kristen is our

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sustainability champion this
year congratulations Kristen.

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The second is in a talent and in

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a talent is the organization of the year
what them if there are any representatives

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of any talent here OK our next is to Bob.

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And Bob is our innovator
of the year thank.

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You. The next is to Deputy Jonathan

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Lao congratulation deputy and.

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Deputy Lao is Cupertino is public
safety champion of the year.

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We have

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a lifetime achievement award that goes
to Elisa sockets welcome and. Thank

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you.

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Sarong best Pandey is our Rising Star Award
recipient Welcome back strong Thank you

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. Thank you.

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And finally last but not least we have Larry
Dean as the individual of the year I'm

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not sure if Larry was able to make it this
evening. In Oslo Norway All right. Very

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good so at this point we have representatives
from from Representative Congressman

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Condit's office Tom Pike and we have

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a representative from assembly member
Evan Lowe's office remind me of your last

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name shako are here tonight to present
their certificates and so if the

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council as well as the representatives from
our elected officials would join me in

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a picture with all of our quest award winners
that would be greatly appreciated and

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City Manager Brandt in your next to last
meeting with the city of Cupertino if you

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would finally join us as well great.

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Well.

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Of the.

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Well it gives me great pleasure to announce
our next proclamation that is being

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provided to our city's longest standing
employee and his name is many Barragan

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I believe that Roger leaf from the
public works department is here to say

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a few words and to introduce Manny as
the proclamation recipient. It was

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a great pleasure of mine to talk about Manny
and his some of his experiences in our

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state of the city speech at the end of
January of this year but at this point I'd

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really like to recognize and appreciate
the fact that there's been so many

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dedication of of decades of work to
to the city of Cupertino by Mr BERGEN

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so Welcome Roger and. If you'd care to say

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a few words yes I would like to hold
mayor members of council I'm Roger Lee

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Assistant Director of Public Works and
many American he started his career with

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with Cupertino. In one nine hundred
seventy. So well I have to

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ask ourselves where we were in one nine
hundred seventy three and what we were

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doing. He start off as

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a minus worker one for the city and three
Manny's efford side there's not a street

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a storm drain probably

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a sidewalk hardly any any asset in the
street in the city's right away that Manny

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hasn't touched and how he can really recollect
and know how those were constructed

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back in those days and how they have been
main maintained over time is just amazing

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I mean he is more accurate than any of our
plat books at recalling all these things

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and what's impressed me over time of
course Manny is advance and he's in

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a skirt He's currently are are non-point
source inspector that's responsible for

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making sure storm water is clean getting
into the creeks but overall this time

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Manny. Is he's always positive very
professional and he has always puts the

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community first and it's just such

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a pleasure because in his line of work it's
he's telling people that they're doing

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things wrong and they need to do things
right and those can be difficult

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conversations and there's not an employee
that I've ever had the pleasure of

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supervising that gets more accolades in
having done things right having having

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maintained that professional attitude and
making Cupertino the community where you

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want to live and then many Americans and
I hear this routinely I mean it's every

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month about how good of a
job he does and he's such

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a great influence to all the new maintenance
workers that we have coming in through

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the yard and and I hope that Manny OIS stays
with us and continues to work because

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he does such

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a fine job and I think personally he's
become my friend over this time and so I can

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think of no better person for the
Council to recognize and provide this

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proclamation So with that I'd like you to
have any American Come on up here come on

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up to Manny present you the
proclamation and if you care to say

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a few words prior to that. Congratulations
and the forty five year for

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fired

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I got to say thank you all for. Doing
what you got to do for me and also

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Mr Levy for his expertise and knowledge
Sam wisdom that he has taught me to do my

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job with the public doing your job
with the public it's very hard but his

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expertise and knowledge taught me how to
quote by how I'm doing it right and make

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everybody hop happy and you've got to
listen to that assistance before you I make

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my decision and yes to way I do it you know
there might not want to say it was say

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it your weight but you've got to let them
say what they feel and what they try to

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say to you before you make any kind of
decision and he has taught me that many

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times ago he's

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a good very good they so much
Manny So let us present you

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this proclamation and if Council as well
as our city manager will join us on stage

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as well as Roger of We'd be very happy
to present it for you follow Thank you.

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Once.

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Thank

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. You. Thank you.

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Our next item in them for is

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a presentation from the recreation and
Community Services Department recognizing

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July as National Park and Recreation month
from our parks and recreation department

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aka the recreation and Community Services
Department we have Christine Hannah

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welcome Christine. Hello thank you. I'm

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Christine here at all assistant director
of recreation and community services and

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that's

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a tough act to follow but I will do my best
mayor Paul by smear syncs city council

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city administration and valued community
members I'm here today to chat about our

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departments and

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a topic that's near and dear to my heart
and that's the profession of Parks and

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Recreation in one thousand nine hundred
eighty five Congress designated July as

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Parks and Recreation month so across the
United States you will see communities of

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all sizes celebrating recreation
and parks. I would just like to

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highlight. What's going to
get this going highlights.

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Some points regarding our
department. So I know.

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It's. THANK YOU THANK YOU

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OK I think we're already here. The
vision for our departments create

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a positive healthy and connected community
recreation and Community Services in the

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city of Cupertino is committed to providing
opportunities resources and services to

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the community to enhance the quality
of people's lives through recreational

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educational and cultural experiences.
These are the benefits of

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recreation for everyone in the
community. Parks and Recreation creates

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a sense of community health and wellness
sports intellectual wellness safe and

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resilient community environmental stewardship
community engagement and of course

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play plays my favorite play
contributes to the cognitive physical

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social and emotional wellbeing of
children and adults. Plays Interpol

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to the academic environment and has been
shown to help children adjust to the

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school setting and even to enhance children's
learning readiness learning behaviors

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and problem solving skills. Sports
help teach adolescents accountability

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dedication leadership and self-confidence.

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The determination and
goal setting and skills

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a sport requires can be transferred
to the classroom and into adulthood

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health and wellness. Is quite popular
in our community fitness classes

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activities decrease the risk of

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a variety of diseases health conditions
improves mood boosts energy promotes better

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sleep helps mental functioning
and decreases stress

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a safe and resilient community in Cupertino
can be seen through our neighborhood

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watch program as well as our code enforcement
services both programs reach out to

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the community we also offer

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a case management program at the Senior
Center it helps seniors to obtain resources

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in the community that will assist them to
continue to remain independent and safe

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in their own homes we offer support groups
seminars health insurance counseling

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legal aid social security assistance senior
housing options and hiring in home help

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. Also within our area of recreation
Community Services is the

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community emergency preparedness classes
we have personal emergency preparedness

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programs C.P.R.

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First Aid and Community Emergency Response
Team which is known as cert We also have

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an event I will plug
right now this Saturday

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a memorial park for the community
it is free and it is. A Community

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Emergency Preparedness Program Cupertino
Office of Emergency Services endeavors to

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lead and direct the city in prevention
preparation mitigation response and recovery

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from all hazards incidents
any beds recreation provides

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a sense of community recreation
facilities and programs help foster

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a sense of community and promote special
bonds by uniting families encouraging

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cultural sensitivity and supporting seniors
and individuals with disabilities.

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Intellectual wellness can be seen through
lifelong love of learning and acquiring

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knowledge fostering creativity curiosity
and intellectual wellness This is one of

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my favorites I love seeing the all the
ages throughout our community taking part.

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Environmental stewardship is very important
in this community and we've learned

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that through the masterplan process open
space parks and recreation areas are ideal

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for forging

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a strong connection to Cupertino as natural
environment and for encouraging and

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developing stronger stewardship of the
land this increased exposure helps people

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understand how their personal actions can
affect the environment and that is our

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own beautiful McAllen ranch preserve there
in the photos community engagement is

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important the parks and recreation system
masterplan will guide the development

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renovation and activation of city parks
recreation facilities and trails for the

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next twenty years volunteers as you know
Mayor are vital to the community that we

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serve and we have many volunteer opportunities
in the recreation community services

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departments block leaders connect neighbors
and build community as well as Plan

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activities to increase public safety and
communication recreation and Community

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Services also serves as staff liaison
for three of our commissions Parks and

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Recreation Commission the team
Commission and the Library Commission

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Here's just

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a brief overview that I believe was shared
during the annual report from fiscal

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year sixteen seventeen but these are just

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a few highlights our department offered one
hundred thirty two new classes programs

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and events three hundred eighty Cupertino
residents served as neighborhood block

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leaders we had seven hundred fifty six
participants in the annual big money five K.

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And fun run we enrolled over

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a thousand participants in the learn to
swim program. Sixty five hundred visitors

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were at the Environmental Education
Center which is located at McAllen ranch

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preserve and ten thousand participants so
part in physical fitness and tennis at

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the Sports Center This concludes
my presentation I want to

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extend my thanks to you for allowing us
the time to acknowledge July is Parks and

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Recreation month and we will be kicking
off the month with our annual Fourth of

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July celebration on July fourth we'll start
with the annual pancake breakfast at

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the Quinlan community center they'll be
daytime events and we will end with the

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amazing fireworks celebration in the evening
I hope that everybody in the community

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can come out and enjoy not only that events
but all the many classes and programs

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that we offer during July and throughout
the year thank you thanks so much

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Christine big round of applause
for everything everything.

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All right and at this point I know that
I've committed to making sure that our

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meetings are streamlined as possible this
year and to that end trying to limit them

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to two proclamations per meeting but this
seems like the perfect time to provide

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the proclamation for recreation and Community
Services recognizing this as Parks

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and Recreation month of July it's

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a little bit early but understand that the
department is quite busy on July third

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which is when we meet next and so if you
as well as any others from the recreation

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and Community Services Department would
like to join myself in council and the city

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manager we would be very pleased to per
ride this proclamation from council to the

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Department. Thank you.

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You.

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Look. Like.

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Will. You probably want to squeeze in

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a little bit tighter. Perfect right.

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Thank you for. Your.

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Great thank you.

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Or.

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Madam city clerk do we have any postponements
for this meeting Mr Mayor we do not

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have any post summons However I'd
like to take this opportunity to talk

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a brief Lee about some
agenda item reordering

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a possible. Thirteen and fourteen are
listed under an incorrect header and should

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be actually under ordinance is an action
items so if you don't mind after the

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00:21:48,97 --> 00:21:54,36
Consent Calendar hearing item fifteen first
which is the true public hearing and

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then hearing items fourteen then thirteen
and then moving back to sixteen OK So

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just to clarify are ordering of the items
tonight will be item fifteen fourteen

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thirteen and then back to sixteen correct
thank you OK Very good we are now all

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communications. We do have

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a number of speakers under all communications
tonight or read them off three at

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a time our first three
speakers are broke as

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a general van Zoran and Randy
Shingai welcome Brooke.

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Brooke as out. Of Brooke as I was so you
get your seat in first OK so gentle vans

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00:22:37,15 --> 00:22:43,89
or unwelcome Janet. City council members

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00:22:43,95 --> 00:22:48,84
and Mayor Paul thank you for coming tonight
I'm going to give the really brief.

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00:22:51,29 --> 00:22:58,18
Import tonight I have three questions first
will the request for forty extremely

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00:22:58,19 --> 00:23:03,28
low income rental units to be set aside
for people who have developmental

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00:23:03,29 --> 00:23:09,07
disabilities be in the development
agreement. Question two

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00:23:10,07 --> 00:23:16,05
How will it get there and question three
who will make sure that it does thank you

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00:23:16,91 --> 00:23:20,37
thank you Janet Our next speaker
is Brooke is followed by

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00:23:20,38 --> 00:23:27,11
a rendition guy followed by Richard Lowenthal
welcome Brooke thank you thank you I

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00:23:27,12 --> 00:23:30,65
wanted to address the elephant in the room
I'd like to know where the city attorney

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00:23:30,66 --> 00:23:37,14
is. Has his career taken the same church
activity that Carol applets has taken

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00:23:37,58 --> 00:23:43,28
two years ago Carol at lead mysteriously
disappeared and there was someone who we

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00:23:43,29 --> 00:23:47,18
placed here who was an acting director
and it seems as if the same thing is

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00:23:47,19 --> 00:23:54,05
happened to Mr Holm and I would like to
know what's going on since I am one of the

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00:23:54,06 --> 00:23:59,84
people who are paying for this that's
all thank you thank you Brooke our next

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00:23:59,85 --> 00:24:05,42
speaker is Randy followed by Richard
Lowenthal followed by Mahesh the garage you

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00:24:06,12 --> 00:24:12,88
welcome Randy. I sent
you guys all. Copies of

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00:24:13,09 --> 00:24:14,92
e-mail that I sent you here earlier and

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00:24:14,93 --> 00:24:21,87
a few sheets. So I was here for the draft
meeting that was right before here. Or

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00:24:21,88 --> 00:24:28,76
this meeting and I decided that. I should.
Speak to you on this issue and that is

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00:24:28,77 --> 00:24:33,53
the notice a preparation for
that trip for that draft E.I.A.

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00:24:33,54 --> 00:24:40,54
Are doesn't describe the same
project that the draft described so

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00:24:40,62 --> 00:24:44,41
basically. The you know P S

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00:24:44,42 --> 00:24:47,43
a no op you know so you
know computer people know

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00:24:47,74 --> 00:24:54,32
a no op is is is and you know
basically no operation. So.

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00:24:56,56 --> 00:25:01,28
And it isn't conforming to government
code fifteen zero eighty two it didn't

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00:25:01,29 --> 00:25:07,51
describe. You know what's in what was going
to be scoped in the car if you look at

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00:25:07,52 --> 00:25:13,78
the five sheets ice century they're the
first page of the responses to the N O P

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00:25:14,11 --> 00:25:17,17
From four governmental agencies and

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00:25:17,18 --> 00:25:23,06
a lawyer and you know I mean I think it
must be standard practice for all the

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00:25:23,07 --> 00:25:29,93
letters to include their understanding
of the project OK and that you know all

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00:25:29,94 --> 00:25:34,45
these people responded and all these
government entities responded and they then

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00:25:34,46 --> 00:25:39,02
they're not talking about the same thing
that was actually in the draft so that

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00:25:39,03 --> 00:25:44,25
says to me you have a problem the other
thing is sat on say had had a problem has

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00:25:44,26 --> 00:25:51,17
a project about a mile from the
border that. They sent out an E.

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00:25:51,18 --> 00:25:51,84
I.R.

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00:25:51,89 --> 00:25:56,50
And they changed things by about twenty
percent they added about you know less than

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00:25:56,51 --> 00:26:02,98
that actually twenty percent more housing
an increase or office by. About twenty

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00:26:02,99 --> 00:26:04,50
percent they sent out

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00:26:04,51 --> 00:26:09,96
a revised and OPI So you know
there are threshold must be

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00:26:09,97 --> 00:26:16,94
a lot lower than Cupertino so. Thank you
Randy Our next speaker is Richard followed

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00:26:16,95 --> 00:26:21,11
by Richard lone fall followed by Mahesh
figure Raj You followed by and Rita.

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00:26:22,82 --> 00:26:26,66
Welcome Richard thank you very much Mayor
Paul and thank you for the council for

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00:26:27,17 --> 00:26:33,42
indulging my chance to speak to you. I
didn't want to talk about the regular trail

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00:26:33,43 --> 00:26:38,17
as it's not on the agenda for tonight and
that's why under all calm. I'm very much

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00:26:38,18 --> 00:26:43,51
in favor of the regular trail I do think
the city has to take responsibility to

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00:26:43,52 --> 00:26:50,39
protect neighbors privacy and quiet and
security and so that probably means the

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00:26:50,40 --> 00:26:55,03
city needs to step up to providing
fencing or walls or something for those

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00:26:55,04 --> 00:27:01,56
neighbors I I did meet with one of the
neighbors on Lamar who was I would say

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00:27:01,60 --> 00:27:07,33
adamantly against the trail and. And I
can see their issue and their issue they

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00:27:07,34 --> 00:27:12,66
would be not exactly happy but
content if this city put up

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00:27:12,67 --> 00:27:17,90
a fence as they if they open up that trail
the fence might have to be taller than

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00:27:17,91 --> 00:27:20,84
the city ordinance would allow a
private citizen to do I think

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00:27:20,85 --> 00:27:26,52
a seven foot fence is what they would need
in their area. But anyway I think the

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00:27:26,53 --> 00:27:30,57
main point I think is is that we should
have trails the whole community likes

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00:27:30,61 --> 00:27:31,53
trails it is

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00:27:31,82 --> 00:27:34,100
a little tough on the immediate neighbors
and we should do what we can to

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00:27:35,01 --> 00:27:41,27
accommodate them I will note in my time
we we did the trail there at Black Berry

283
00:27:41,28 --> 00:27:44,78
Farm and we did the approval there were
many neighbors that didn't like it

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00:27:44,79 --> 00:27:51,38
especially those on scenic circle.
I was working with. Council Member

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00:27:51,83 --> 00:27:58,41
James at that time on that trail and. To
to accommodate them we fenced off their

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00:27:58,42 --> 00:28:00,62
neighborhood and it was

287
00:28:00,72 --> 00:28:05,95
a matter of months before they wanted to
do opened up and and and I don't think

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00:28:05,96 --> 00:28:07,59
there's ever been a complaint by

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00:28:07,60 --> 00:28:10,82
a neighbor of the trail once it was opened
there they are afraid of it before it's

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00:28:10,83 --> 00:28:15,50
open and they like it after it's open so.
I urge you to support the regular trail

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00:28:15,71 --> 00:28:20,26
thank you very much thank you Richard Our
next speaker is Mahesh the garage you

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00:28:20,30 --> 00:28:27,17
follow by. Srinivasan My are
now of go call in welcome

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00:28:27,18 --> 00:28:33,33
hash. Good evening Mayor Paul and the
City Council first of like to thank

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00:28:34,17 --> 00:28:39,22
you guys for along me to talk to
you guys and voice my opinion.

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00:28:41,80 --> 00:28:42,08
And I'm

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00:28:42,09 --> 00:28:46,70
a student at Cupertino high school and
also the vice president of the bike club

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00:28:46,71 --> 00:28:52,15
there and so I will be representing the
club I'm in favor of the regular Creek

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00:28:52,21 --> 00:28:58,42
Trail because allow students to get to
school on bike instead of by car reducing

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00:28:58,80 --> 00:29:05,12
the traffic at Cupertino high school
during pick up and. Drop off and

300
00:29:05,13 --> 00:29:11,10
also reduce carbon emissions so the trail
were encourage the two hundred plus

301
00:29:11,11 --> 00:29:16,37
students who live. Near
trail entrance to bike as

302
00:29:17,33 --> 00:29:23,62
a safer environment than biking
on the open road with. Traffic

303
00:29:24,19 --> 00:29:25,09
and also

304
00:29:25,13 --> 00:29:29,48
a lot of people who are scared of biking
on the open road because of the heavy

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00:29:29,49 --> 00:29:36,03
traffic at Cupertino. And also reducing
the traffic reducing our carbon

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00:29:36,04 --> 00:29:40,05
emissions which would be better for the
environment and result and cleaner air and

307
00:29:40,06 --> 00:29:42,27
Cupertino and on

308
00:29:42,28 --> 00:29:46,10
a personal note this trail will allow
me to bike to critics you know using

309
00:29:46,11 --> 00:29:50,94
a safer route the route I use right now
is getting onto Stevens Creek and then

310
00:29:50,95 --> 00:29:57,40
taking the right at Finch Ave But the
problem with that is that when I get two

311
00:29:57,41 --> 00:30:00,19
words the French ave to take

312
00:30:00,20 --> 00:30:05,68
a right everyone is in the bike lane because
they're trying to not cause of traffic

313
00:30:05,69 --> 00:30:10,80
jam so this kind of forces
me into taking into taking

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00:30:10,81 --> 00:30:17,58
a divergence into the. Walkway of
pedestrians and possibly putting them at

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00:30:17,59 --> 00:30:21,73
danger because I've seen people going
fifteen twenty miles getting onto the

316
00:30:21,74 --> 00:30:23,06
sidewalk and almost hitting

317
00:30:23,07 --> 00:30:29,12
a pedestrian so I feel like opening this
trail will allow the pedestrians and not

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00:30:29,13 --> 00:30:33,40
only the possessions and also the cyclists
to be safer THANK YOU THANK YOU Mahesh

319
00:30:33,41 --> 00:30:36,02
well done. Our next speaker is

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00:30:36,03 --> 00:30:41,01
a reader Srinivasan followed
by Arnold Gokhale followed by

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00:30:41,02 --> 00:30:46,63
a colleague. A minister here
OK are now of the Cali.

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00:30:48,09 --> 00:30:53,22
Welcome. To Call You followed by
Peggy Griffin welcome or not.

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00:30:58,24 --> 00:31:04,44
Hello mare Paul and city council my names
aren't of Coakley and I tend to eat in

324
00:31:04,45 --> 00:31:11,21
elementary I want the city to Voltaren
nurture I would like the City

325
00:31:11,22 --> 00:31:17,91
Council to approve the plan. I can use
the Chel to bike safely to Wilson or

326
00:31:17,92 --> 00:31:24,62
Creekside park I can also use the trail
to buy safe we when I go to high school

327
00:31:25,39 --> 00:31:30,74
is very scary to bike on the road because
cars come close to us in the bike lane

328
00:31:31,81 --> 00:31:38,32
this bike let us get more exercise
I wish the city council approved

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00:31:38,34 --> 00:31:44,17
a plan triggered an arc trail thank you for
listening to me tonight very well done

330
00:31:44,18 --> 00:31:49,25
thank you Art of. Our next meters

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00:31:49,26 --> 00:31:55,17
a caution called followed by reference
followed by me not she beyond welcome to ASH

332
00:31:55,17 --> 00:32:01,65
. Hello Mayor Paul and
city council I am all

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00:32:01,66 --> 00:32:07,05
caution I will be going to Lawson in the
fall I would like the city to build the

334
00:32:07,06 --> 00:32:12,19
right nor trail I hope the city
council approves the plans I can use

335
00:32:12,20 --> 00:32:16,52
a trail to buy tools in Bergen creeks
I park I like biking and biking is

336
00:32:16,53 --> 00:32:23,04
a great way for me to get exercise I can
use the trail to bike safely even though

337
00:32:23,05 --> 00:32:26,32
there are several streets have speed
limits of twenty five miles per hour and

338
00:32:26,33 --> 00:32:31,51
thirty miles per hour we see cars speeding
especially during rush hour traffic this

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00:32:31,52 --> 00:32:36,86
is dangerous for kids who like to bike to
school if this trail is built I could use

340
00:32:36,87 --> 00:32:43,28
it to bike safely when I go to Cupertino
high school. I am very much in favor of

341
00:32:43,29 --> 00:32:47,70
the letting the Ragnor trail I wish the
city council continues the plans for the

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00:32:47,71 --> 00:32:53,29
trail thank you for giving me the opportunity
to share my views tonight thank you.

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00:32:58,56 --> 00:33:04,01
Our next speaker is piggy Griffin followed
by me. Followed by Laurence Pham welcome

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00:33:04,02 --> 00:33:10,99
Peggy. Mayer Paul. VICE MAYOR

345
00:33:11,03 --> 00:33:16,61
syncs council members and staff names
Peggy Griffin and I live in Cupertino the

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00:33:16,62 --> 00:33:21,50
attitude of the city towards the Valko
S P thirty five application will set

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00:33:21,54 --> 00:33:26,92
a precedent if the city rejects the application
with its list of many noncompliant

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00:33:26,93 --> 00:33:28,68
issues future S.B.

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00:33:28,69 --> 00:33:32,88
Applicants. Will to be held to

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00:33:32,89 --> 00:33:37,77
a higher standard it will give notice to
the current and future applicants that

351
00:33:37,78 --> 00:33:43,45
their that the their submittals must
follow the existing objective standards

352
00:33:43,78 --> 00:33:48,49
however if the city does nothing
to reject the Valko S.B.

353
00:33:48,50 --> 00:33:53,28
Thirty five application and lets the
deadline for submitting non-compliant issues

354
00:33:53,29 --> 00:33:57,15
expire we are opening
ourselves up for more S.B.

355
00:33:57,16 --> 00:34:02,57
Thirty five applications that potentially
push the limits of the existing objective

356
00:34:02,58 --> 00:34:05,15
standards later the city can all of

357
00:34:05,16 --> 00:34:11,20
a sudden become stricter. Towards one APIC
Clint if they've let Falco's application

358
00:34:11,21 --> 00:34:13,80
pass next year more S.B.

359
00:34:13,81 --> 00:34:19,53
Thirty five applications will come we
should at least make all make sure that all

360
00:34:19,54 --> 00:34:25,99
applicants follow all existing objective
standards now is the time to act you have

361
00:34:26,00 --> 00:34:29,41
the power to instruct the
city staff to reject the S.B.

362
00:34:29,42 --> 00:34:34,50
Thirty five application they start on
the noncompliance issues that you have

363
00:34:34,51 --> 00:34:39,26
brought that have been brought to the
city's attention if you do not do it before

364
00:34:39,27 --> 00:34:45,11
the deadline nothing can be done we the
citizens of Cupertino rely on our city

365
00:34:45,18 --> 00:34:52,11
council to safeguard our city I am pleading
with you to do this now now is the time

366
00:34:52,12 --> 00:34:57,93
to act Thank you thank you Peggy Our next
speaker is Minox she Yani followed by

367
00:34:57,94 --> 00:35:03,15
Laurence fan followed by Saager son
Bobby. Will come and actually.

368
00:35:07,32 --> 00:35:12,75
Not here OK Lawrence fan as our next speaker
followed by Saager son Gabi followed

369
00:35:12,76 --> 00:35:18,40
by your harness does store Johannes
to store Lawrence as Lawrence or

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00:35:19,79 --> 00:35:26,50
OK Our next speaker is Sagar son
Gabi followed by John as dust

371
00:35:26,51 --> 00:35:33,35
or followed by mega along
go OK No solders to

372
00:35:33,45 --> 00:35:40,41
some gobby as John has the story are
welcome. Welcome So our following

373
00:35:40,42 --> 00:35:46,55
two speakers are Longo followed by
Jennifer Griffin welcome John S.

374
00:35:46,67 --> 00:35:52,08
Or. John and John it's very got it before
I began I would just like to think the

375
00:35:52,09 --> 00:35:56,07
city council for opening up this opportunity
for oral communications for the

376
00:35:56,08 --> 00:36:00,41
younger generation it's just very refreshing
to see so many students speaking out

377
00:36:00,42 --> 00:36:05,18
on what they care about. That being said
Good evening my name is Johannes and I've

378
00:36:05,19 --> 00:36:05,30
been

379
00:36:05,31 --> 00:36:09,94
a biker student and resident of Cupertino
for nineteen years I went to elementary

380
00:36:09,95 --> 00:36:13,98
school Austin middle school and Cupertino
high school I'm very familiar with the

381
00:36:13,99 --> 00:36:18,66
pop popular walking and biking routes to
school and I use Lamar Rodriguez Stevens

382
00:36:18,67 --> 00:36:23,44
Creek and Billy all the time however I
have some personal concerns as a biker and

383
00:36:23,45 --> 00:36:26,89
a young pedestrian and I'm sure that many
of my peers feel as well regarding the

384
00:36:26,90 --> 00:36:31,63
regular Creek trail first the trail
is isolated and hazardous as

385
00:36:31,64 --> 00:36:36,00
a resident who lives along the creek I know
this trail very well unlike many others

386
00:36:36,01 --> 00:36:39,94
who are advocating for it it is filled
with blind turns and sharp slopes that

387
00:36:39,95 --> 00:36:44,81
paving would not fix Additionally the edges
of the trail slopes steeply down into

388
00:36:44,82 --> 00:36:47,65
the creek since the water
district is not permitting

389
00:36:47,66 --> 00:36:50,97
a fence there the road be any
sort of barrier along the edge so

390
00:36:50,98 --> 00:36:55,09
a biker or pedestrian could fall into the
creek easily on the sign of thought we

391
00:36:55,10 --> 00:36:59,74
have our second concern the bike path is
inaccessible to emergency vehicles and

392
00:36:59,75 --> 00:37:04,18
first responders if an accident or
emergency were to occur which is almost

393
00:37:04,19 --> 00:37:08,25
inevitable during the dark and rainy
winter months how would emergency services

394
00:37:08,26 --> 00:37:12,11
reach our kids and the best case scenario
the response time would be greatly

395
00:37:12,12 --> 00:37:16,94
extended putting the victim in even more
danger third the trail would run parallel

396
00:37:16,95 --> 00:37:22,26
to Lamar Farland and Pacifica which are
all very safe quiet residential streets

397
00:37:22,53 --> 00:37:27,00
even in rush hour and the rush to get to
and from school why would we opt for an

398
00:37:27,01 --> 00:37:31,11
isolated winding route when we could take
the safe flat and police roads that we've

399
00:37:31,12 --> 00:37:32,78
been taking for ages as

400
00:37:32,79 --> 00:37:36,23
a member of Cupertino school system for
eighteen years I'd like to reiterate that

401
00:37:36,24 --> 00:37:39,49
the students are usually more concerned.
Scenery of the route when we're trying to

402
00:37:39,50 --> 00:37:44,24
get to school you know what the really
busy road is Blainey to think that

403
00:37:44,25 --> 00:37:48,24
a simple cross walk along Blaney would and
the crazy traffic and speeding drivers

404
00:37:48,25 --> 00:37:49,19
during rush hour is

405
00:37:49,20 --> 00:37:53,47
a logical and dangerous bikers crossing at
eight thirty in the morning in rush hour

406
00:37:53,48 --> 00:37:57,42
traffic is an accident waiting
to happen all of this provides

407
00:37:57,43 --> 00:38:01,10
a sort of catch twenty two to not address
any of these concerns would be to create

408
00:38:01,11 --> 00:38:01,91
a dangerous through

409
00:38:01,92 --> 00:38:06,53
a that would pose more harm than good for
students however to address every one of

410
00:38:06,54 --> 00:38:10,70
these concerns would create an even greater
and unnecessary expenditure of money

411
00:38:10,96 --> 00:38:11,47
leading us to

412
00:38:11,48 --> 00:38:15,37
a point where we have an expensive path
that would be sparingly used if the city

413
00:38:15,38 --> 00:38:19,02
council truly cares about the safety and
well being of these bikers and students

414
00:38:19,15 --> 00:38:22,48
which I'm one hundred percent sure they
do that I'm sure that they will use the

415
00:38:22,49 --> 00:38:26,97
surplus money to improve road infrastructure
creating more traffic education

416
00:38:26,98 --> 00:38:31,41
programs and afterschool programs instead
of an expensive isolated and scarcely

417
00:38:31,42 --> 00:38:34,43
used bike trail clearly traffic
in the safety of our students is

418
00:38:34,44 --> 00:38:35,99
a concern but I'm not sure

419
00:38:36,00 --> 00:38:41,57
a point eight long point eight mile long
bike trail does the trick and last but not

420
00:38:41,58 --> 00:38:45,08
least I just like to ask everyone is all
of this worth the environmental damage

421
00:38:45,09 --> 00:38:49,13
pollution and destruction that this trial
would cost think its streets and its

422
00:38:49,14 --> 00:38:51,57
creditors every one hundred
meters of the trail has

423
00:38:51,58 --> 00:38:55,50
a tree or shrubbery which is home to birds
or Coons possums and squirrels we must

424
00:38:55,51 --> 00:38:58,82
not forget that we aren't the only residents
of Cupertino and we should pay some

425
00:38:58,83 --> 00:38:59,18
mind to

426
00:38:59,19 --> 00:39:06,44
a non-human neighbors as well thank
you so much. And well timed. Is

427
00:39:06,45 --> 00:39:12,83
the next speaker followed by Jennifer Griffin
followed by did message. Welcome they

428
00:39:12,84 --> 00:39:19,77
go hello my name is may go along I have
attended school Lawson middle school and

429
00:39:19,78 --> 00:39:21,16
Cupertino high school and I've been

430
00:39:21,17 --> 00:39:25,79
a resident of Cupertino for the past sixteen
years I am opposed to the proposed Reg

431
00:39:25,80 --> 00:39:30,40
not Creek trail for multiple reasons the
main arguments of those in support of the

432
00:39:30,41 --> 00:39:33,21
trail are that number one
the trail would offer

433
00:39:33,22 --> 00:39:37,24
a safer route for children to go to school
and number two that it would reduce

434
00:39:37,25 --> 00:39:43,20
traffic now if these so-called advantages
make sense or benefit our community first

435
00:39:43,21 --> 00:39:44,28
off this trail will be

436
00:39:44,29 --> 00:39:48,69
a dangerous path for students to take to
school in my experience it's not typical

437
00:39:48,70 --> 00:39:52,65
for parents to leave school aged children
unattended on unveiled hiking trails

438
00:39:53,30 --> 00:39:57,53
accordingly letting kids run around without
supervision right next to the steep

439
00:39:57,57 --> 00:39:59,77
edge of a large creek is simply not

440
00:39:59,78 --> 00:40:05,19
a smart idea throughout my childhood in
Cupertino I regularly walked and biked to

441
00:40:05,20 --> 00:40:09,52
places like Wilson Park Creekside park
the Cupertino library or Cupertino high

442
00:40:09,53 --> 00:40:15,06
school through Save non crowded residential
roads and sidewalks neighbors could

443
00:40:15,07 --> 00:40:18,94
have spotted me if I was in danger and
an emergency vehicle could have easily

444
00:40:18,95 --> 00:40:23,76
accessed me if I had gotten injured the
only major intersection I had to cross was

445
00:40:23,77 --> 00:40:28,36
Blaney which students using this proposed
trail will still have to cross such

446
00:40:28,37 --> 00:40:32,63
a trail would also be unsafe for homeowners
in addition to the possibility of

447
00:40:32,64 --> 00:40:35,52
burglars using the trail
to access back yards such

448
00:40:35,53 --> 00:40:40,24
a path would also increase access to homes
for troublesome teenagers and teenagers

449
00:40:40,25 --> 00:40:44,88
can be petty I know classmates who have
whose houses have been egged whose trees

450
00:40:44,89 --> 00:40:49,42
have been toilet paper and among other
petty pranks these occurrences are already

451
00:40:49,43 --> 00:40:54,27
common in the fronts of non secluded
residential houses that have security cameras

452
00:40:54,70 --> 00:40:58,54
the creek trail will make it even easier
for vandals to damage the property of

453
00:40:58,55 --> 00:41:03,31
homeowners as it gives direct access to
their backyards with little to no chance of

454
00:41:03,32 --> 00:41:08,59
being spotted by neighbors or pursued by
law enforcement. Second the stroll would

455
00:41:08,60 --> 00:41:13,29
not reduce traffic in Cupertino It runs
parallel to residential streets such as

456
00:41:13,30 --> 00:41:17,61
Farah laundry guest and Lamar which I can
say from personal experience are never

457
00:41:17,62 --> 00:41:23,15
crowded even during rush hour why would
existing drivers walk or bike on an unsafe

458
00:41:23,16 --> 00:41:27,82
path that does not shorten the distance to
get to school in fact all the pot could

459
00:41:27,83 --> 00:41:30,23
do is make traffic even worse by creating

460
00:41:30,24 --> 00:41:33,80
a new cross walk across plenty that
could slow down traffic and pose

461
00:41:33,81 --> 00:41:38,26
a danger to her students who are rushing
the school if you are still concerned

462
00:41:38,30 --> 00:41:40,38
about the safety of our
roads versus that of

463
00:41:40,39 --> 00:41:43,33
a potential Creek trail I
advise you to try walking in

464
00:41:43,34 --> 00:41:47,56
a Cupertino high school or to the library
during rush hour and see for yourself the

465
00:41:47,57 --> 00:41:51,19
safety of our existing residential
roads I urge you all to take

466
00:41:51,20 --> 00:41:55,79
a walk along the road not creek bed as I
have and observe its steep slopes and

467
00:41:55,80 --> 00:42:00,33
narrow paths for yourself I hope that you
will come to the same conclusion that I

468
00:42:00,49 --> 00:42:04,46
and ninety five percent of us that live
along the creek have come to that the reg

469
00:42:04,47 --> 00:42:05,51
not create trail would be

470
00:42:05,52 --> 00:42:09,10
a detrimental investment for the city of
Cupertino thank you for giving me the

471
00:42:09,11 --> 00:42:14,31
opportunity to speak today I think you may
get our next report is Jennifer given

472
00:42:14,49 --> 00:42:21,45
followed by domestic Mansi followed
by. Another card for which all will

473
00:42:21,46 --> 00:42:26,41
go ahead and set aside since Richard has
already spoken so that would be followed

474
00:42:26,42 --> 00:42:32,36
by Garry warm welcome Jennifer
Good evening mare Jennifer Griffin

475
00:42:32,83 --> 00:42:39,37
and. Welcome to the Tuesday
nights he council meeting

476
00:42:39,38 --> 00:42:42,80
Cupertino. I wanted to talk tonight

477
00:42:42,81 --> 00:42:48,36
a little bit about retail issues
in Cupertino. Cupertino used to be

478
00:42:48,37 --> 00:42:54,16
a retail heaven we had so many places
to shop when I first moved here.

479
00:42:55,73 --> 00:43:02,30
I've every thing was in the city we could
shop for everything anything now we are

480
00:43:02,64 --> 00:43:07,50
on our way or have become a retail
desert I know that word is used

481
00:43:07,54 --> 00:43:09,72
a lot but we're basically like

482
00:43:09,76 --> 00:43:16,68
a retail Antartica there's nothing I
allot of my shopping dollars that I mean

483
00:43:16,69 --> 00:43:21,35
when I was growing up my
mother we were always told

484
00:43:21,36 --> 00:43:27,22
a lot of the household. Purchases were
done by housewives I don't know how many

485
00:43:27,23 --> 00:43:30,47
housewives there are anymore but. There's

486
00:43:30,48 --> 00:43:35,49
a lot of money that pumps out of
people's homes for shopping and

487
00:43:35,53 --> 00:43:41,87
a lot of shopping dollars in Cupertino are
going outside of the city and are being

488
00:43:41,88 --> 00:43:47,23
spent in other cities because there's no
place to purchase anything in Cupertino I

489
00:43:47,24 --> 00:43:53,74
routinely drive many miles to go
find items for my family and I am

490
00:43:53,75 --> 00:43:58,08
responsible now for purchasing for several
households because I have seen your

491
00:43:58,09 --> 00:44:04,85
parents. Excited etc. I drive all
over the place I'm in Santa Cruz

492
00:44:04,86 --> 00:44:07,14
Scott's Valley Santa has

493
00:44:07,15 --> 00:44:12,88
a mountain view it goes on and on Redwood
City These are some of this is the list

494
00:44:12,89 --> 00:44:19,00
of stores that I would like to see come to
Cupertino Forever twenty one this is the

495
00:44:19,01 --> 00:44:25,72
heaven for any. Teenage girl
or young teen and Oakridge

496
00:44:25,73 --> 00:44:31,82
has them why can't we have one of those
here Payless Shoes We used to have one at

497
00:44:31,83 --> 00:44:38,73
Valko I drive all over the place I purchase
multiple shoes because if you've ever

498
00:44:38,74 --> 00:44:44,70
been shift shopping they don't have your
size and if you order shoes online you

499
00:44:44,71 --> 00:44:49,81
have to work or multiple sizes and route
and get charged to return the ones that

500
00:44:49,82 --> 00:44:56,65
don't fit this is online. Kohl's
Santa Clara close their Kohl's and I

501
00:44:56,66 --> 00:45:01,26
understand there will be an attempt to close
the coals in Mountain View because of

502
00:45:01,27 --> 00:45:07,88
the school district issue why can't we have
a Coles in Cupertino my mother this is

503
00:45:07,89 --> 00:45:14,45
a place that she could shop they have
consistent sizing for seniors. Kmart I shop

504
00:45:14,46 --> 00:45:16,99
and Scott civilian Redwood
City Why can't we have

505
00:45:17,00 --> 00:45:23,60
a Kmart Boston Market I drive down to Oak
Ridge in south San Jose to go to Boston

506
00:45:23,61 --> 00:45:30,12
Market Famous Footwear we had one Valko
now we buy shoes for my husband at.

507
00:45:31,79 --> 00:45:38,67
Westgate so and Home Depot
from if Believe me if if if

508
00:45:38,68 --> 00:45:43,29
Santa say takes the Home Depot site for
their urban village which they're working

509
00:45:43,30 --> 00:45:50,25
on. We can just cart the Home Depot over
to the velcro site it's big enough for big

510
00:45:50,26 --> 00:45:56,38
box and it is coming Santa say will be
attempting to do OK urban village thank you

511
00:45:56,56 --> 00:46:01,77
and that Costco sorry I'm sorry that
Home Depot site could have eight hundred

512
00:46:01,78 --> 00:46:04,13
housing units are Mac in the middle of

513
00:46:04,26 --> 00:46:08,68
a good so long final thought before you
very much share the Nestle tech Manske is

514
00:46:08,69 --> 00:46:15,46
next followed by Gary Wong and.
Or Julio Mikala Welcome to NASA I

515
00:46:16,07 --> 00:46:21,47
knew where council members and staff will
have to read this can you hear me OK.

516
00:46:25,96 --> 00:46:29,84
Our city only has until next week
to decide on sand hills S.B.

517
00:46:29,84 --> 00:46:33,73
Thirty five application and still there
is the outstanding question about the

518
00:46:33,75 --> 00:46:38,50
compliancy of trading our Parkland for
the green roof in studying Parkland

519
00:46:38,51 --> 00:46:39,42
calculation under

520
00:46:39,43 --> 00:46:43,06
a general plan the municipal code the
state subdivision map back to local

521
00:46:43,07 --> 00:46:48,02
application of the Quimby act and density
of an estate law it looks more like it

522
00:46:48,03 --> 00:46:52,15
should be twenty one point two acres
of parkland at BALCO although S.H.P.

523
00:46:52,15 --> 00:46:57,31
. Piece application only claims about
twelve acres Additionally the S.B.

524
00:46:57,32 --> 00:47:02,18
Thirty five application uses two point eight
three acres and set of two point nine

525
00:47:02,19 --> 00:47:08,97
four acres as per general plan. The municipal
code says that park land is land or

526
00:47:09,01 --> 00:47:10,09
acreage not

527
00:47:10,10 --> 00:47:14,52
a rooftop shall residents be allowed to
trade property set back requirements for

528
00:47:14,53 --> 00:47:20,02
yards on the roof off if rooftops were
eight we would all be rich yet such

529
00:47:20,03 --> 00:47:23,62
a determination will be made by our
city and the world is watching and your

530
00:47:23,63 --> 00:47:28,70
decisions will set huge precedence for the
future Additionally I understand such

531
00:47:28,71 --> 00:47:30,36
subjective decisions under S.B.

532
00:47:30,37 --> 00:47:35,52
Thirty five I thought those were allowed.
Rooftop park tends to have an air of an

533
00:47:35,56 --> 00:47:39,69
inaccessibility and peer more as an add
on or window dressing to disguise or

534
00:47:39,70 --> 00:47:43,71
enhance what is below which in my opinion
is really of greater benefit to the

535
00:47:43,72 --> 00:47:48,45
developer how many public parks do you see
that have large portions and slants that

536
00:47:48,46 --> 00:47:52,88
cannot be used for soccer cricket one
cannot help but think about baseballs and

537
00:47:52,89 --> 00:47:57,59
frisbees flying off into the traffic below
such grades are also more difficult for

538
00:47:57,60 --> 00:48:02,66
small children seniors than the handicapped
even if it does by code standing atop

539
00:48:02,67 --> 00:48:07,32
when you structure an earthquake country
with the use of ugly building building top

540
00:48:07,33 --> 00:48:11,50
mechanics and freeways below is not my
personal vision of a community amenity

541
00:48:11,81 --> 00:48:15,78
a public park should be designed with the
appeal and function of the public first

542
00:48:15,98 --> 00:48:21,20
not as architectural icing for for fulfilling
developer profits it is the residents

543
00:48:21,21 --> 00:48:25,59
who will live with Valko for the foreseeable
future not the developer and so it is

544
00:48:25,60 --> 00:48:30,62
our community that is the major
stakeholder Which begs the question has

545
00:48:30,63 --> 00:48:31,49
a city ever done

546
00:48:31,53 --> 00:48:34,81
a valid poll of whether Cupertino
residents prefer their Parkland on

547
00:48:34,82 --> 00:48:39,63
a rooftop or on the ground go with the
majority of residents that many that I talk

548
00:48:39,64 --> 00:48:44,80
to don't seem particularly happy. If the
developer paid six point four million

549
00:48:44,81 --> 00:48:46,05
dollars per acre that puts

550
00:48:46,06 --> 00:48:50,07
a price tag on the on the rooftop of
about the park land of about one hundred

551
00:48:50,08 --> 00:48:54,37
thirty five million dollars plus all
future income derived from it that's quite

552
00:48:54,38 --> 00:48:58,83
a gift what are the residents going to
be given in return perhaps some in Louis

553
00:48:58,84 --> 00:49:01,31
Krige somewhere else for
another park or some B.M.R.

554
00:49:01,32 --> 00:49:04,94
Housing now there are no
in loop provisions in S.B.

555
00:49:04,95 --> 00:49:09,16
Thirty five Besides use of the strange
park we may also inherit the cost of its

556
00:49:09,17 --> 00:49:10,66
upkeep as Cupertino becomes

557
00:49:10,67 --> 00:49:15,68
a charter in the future's charter city in
the future Well Lenny and park in Chicago

558
00:49:15,69 --> 00:49:20,60
cost one hundred thousand dollars per acre
per year for its upkeep and it's mostly

559
00:49:20,61 --> 00:49:24,74
flat and gets plenty of rain high maintenance
high water use and high water usage

560
00:49:24,75 --> 00:49:28,82
are large considerations for Valko
without wind walks a rooftop can be like

561
00:49:28,83 --> 00:49:33,35
a giant blow dryer Millennium Park
transforming in this interest per year has

562
00:49:33,36 --> 00:49:37,42
anyone ever estimated the draw for Valko
or how we would handle that thank you

563
00:49:37,51 --> 00:49:43,10
thanks very much our next speaker is Gary
Wong file followed by Julia followed by

564
00:49:43,11 --> 00:49:48,71
resident welcome Gary thank you thank
you Mayor Paul council members.

565
00:49:50,94 --> 00:49:57,52
I'm here to address the reg dart
creek. Most homes on the creek

566
00:49:58,13 --> 00:50:03,34
have their rear side or the back side
of the home facing the queen I'm

567
00:50:03,35 --> 00:50:09,91
a member of the number of homes where
our front homes face the creek. And the

568
00:50:09,92 --> 00:50:15,12
distance between the trail and our front
door is less than the distance between

569
00:50:15,34 --> 00:50:20,54
We're Paul and myself so you can
imagine our concern of having

570
00:50:20,58 --> 00:50:26,55
a six or seven foot wall placed in front
of our home. It destroys the view

571
00:50:27,18 --> 00:50:33,62
it creates shadows it's just creates
changes the environment of our

572
00:50:33,66 --> 00:50:40,57
neighborhood. We met with the city's
consultant we met with them for two hours we

573
00:50:40,58 --> 00:50:45,12
wanted to explain why we thought
it was a bad idea we had

574
00:50:45,13 --> 00:50:50,74
a presentation which we gave them but we
weren't allowed to discuss with them we

575
00:50:50,78 --> 00:50:57,76
think that. The the area between

576
00:50:58,15 --> 00:51:04,96
the city and the scent of Santa Clara water
district only allows for ten feet in

577
00:51:05,16 --> 00:51:11,53
that part of our neighborhood ten feet
just comes up to the edge of our property

578
00:51:11,90 --> 00:51:18,73
and. We just think that there are
alternatives. We think that council

579
00:51:18,74 --> 00:51:22,94
members who have not walked the trail
would like you to invite you to walk the

580
00:51:22,95 --> 00:51:24,06
trail so that you have

581
00:51:24,07 --> 00:51:28,65
a better understanding of this very sensitive
issue obviously it's very contentious

582
00:51:28,66 --> 00:51:33,68
we've seen both sides speak on the trail
and we'd like to be able to present our

583
00:51:33,69 --> 00:51:39,81
view and and the consultant in our
conversation when we said and they acknowledge

584
00:51:39,82 --> 00:51:44,27
that a six foot wall has its
issues and it's not really

585
00:51:44,28 --> 00:51:50,19
a good idea and there are alternative there
are alternative was to build on top of

586
00:51:50,20 --> 00:51:54,13
the creek. Put pipes through
it and build a trail on top of

587
00:51:54,14 --> 00:52:00,97
a creek and that destroys the habitat
and saw it just seems like it's we're

588
00:52:00,98 --> 00:52:06,57
taking some actions to extremes and we've
lost some type of rationale you know we

589
00:52:06,58 --> 00:52:11,47
think that they're all our turn out of and
we're all for bike trails but we just

590
00:52:11,48 --> 00:52:13,74
think that this section is

591
00:52:13,75 --> 00:52:20,47
a poor idea thank you Gary our next two
speakers are Julia Mikala followed by

592
00:52:20,48 --> 00:52:24,87
resident and John Willie walk I'm Julia.

593
00:52:28,54 --> 00:52:31,58
I'm here also to speak against the
regular creek you know you know

594
00:52:31,59 --> 00:52:35,07
a couple of weeks ago I heard
a master who lives near

595
00:52:35,08 --> 00:52:40,12
a modest area you know called the proposed
Reg not Creek trail trail to nowhere

596
00:52:40,80 --> 00:52:46,73
after all it is the only point eight miles
with many parallel streets and sidewalks

597
00:52:46,98 --> 00:52:52,15
bikers and walkers can use that are
perfectly safe and we have very low traffic

598
00:52:52,55 --> 00:52:58,00
volume the proposed trail would require
bikers to slow down to fifteen miles an

599
00:52:58,02 --> 00:53:03,98
hour but on parallel streets they would
not have to the proposed trail spic

600
00:53:03,99 --> 00:53:06,03
parallel to Lamar is one third of

601
00:53:06,04 --> 00:53:11,85
a mile long with no that there is no way
to get any emergency vehicles back there

602
00:53:11,86 --> 00:53:16,75
if there anything should happen out of
concern for their safety would you permit

603
00:53:16,76 --> 00:53:22,17
your children on the proposed past there
have been several people speaking in this

604
00:53:22,18 --> 00:53:27,53
forum regarding trips to City Hall and to
the library using this trail just look at

605
00:53:27,54 --> 00:53:33,97
the map it would be beneficial to small
port portions of Cupertino and I keep

606
00:53:33,98 --> 00:53:38,86
hearing this number two hundred students
that live in this vicinity that would use

607
00:53:38,87 --> 00:53:44,03
this trail to go to Cupertino high school
I've lived in this neighborhood for over

608
00:53:44,04 --> 00:53:49,44
forty four years where are these two
hundred students. That's it's really

609
00:53:49,45 --> 00:53:53,85
a puzzle to me this is not a
venue for a nature trail it is

610
00:53:53,86 --> 00:54:00,16
a flood control culvert the creek was
rerouted to serve as such you know I recently

611
00:54:00,17 --> 00:54:01,85
worked as an election officer at

612
00:54:01,86 --> 00:54:07,53
a precinct located at Lincoln Elementary
School and I was able to observe first

613
00:54:07,54 --> 00:54:13,22
hand the traffic problems on McAlpin McLellan
in front of the school in the morning

614
00:54:13,33 --> 00:54:18,95
and also again in the afternoon let's use
the city funds to solve that traffic

615
00:54:18,96 --> 00:54:21,27
congestion up there and not create

616
00:54:21,28 --> 00:54:26,20
a problem along the creek for the residents
living next to where we want to keep

617
00:54:26,21 --> 00:54:32,53
our sense of privacy and security you know
at the last public meeting concerning

618
00:54:32,54 --> 00:54:38,25
the reg Nar Creek trail back in April
twenty fourth twenty third there were fifty

619
00:54:38,26 --> 00:54:43,71
seven comment cards that were filled out
and are the fifty seven comic cars thirty

620
00:54:43,72 --> 00:54:49,80
two were against the proposal please listen
to the voices of the residents who live

621
00:54:49,81 --> 00:54:55,34
along the creek we are part of the community
to thank you very much for letting me

622
00:54:55,35 --> 00:55:01,99
speak. Thank you Julia our next guest
card is from rez dunt followed

623
00:55:02,00 --> 00:55:03,66
by John Wiley followed by

624
00:55:03,67 --> 00:55:19,17
a long chalk welcome. Good

625
00:55:19,18 --> 00:55:23,18
evening public servants and neighbors I am

626
00:55:23,19 --> 00:55:28,37
a resident of Cupertino for over twenty
years. Echoing way to least two other

627
00:55:28,38 --> 00:55:31,10
neighbors have said she
will be very quick S.B.

628
00:55:31,11 --> 00:55:37,31
Thirty five takes away local control
ostensibly to provide affordable housing and

629
00:55:37,32 --> 00:55:38,82
that affordable housing has to meet

630
00:55:38,86 --> 00:55:44,73
a number of qualifications it's up to the
city to determine if those qualifications

631
00:55:44,74 --> 00:55:49,30
are met if the city makes no determination
by default project is treated as

632
00:55:49,31 --> 00:55:55,40
a qualifying project and loses the ability
to negotiate community benefits so it's

633
00:55:55,41 --> 00:56:01,38
a velcro project qualify as the
terminal and move on. But if it doesn't

634
00:56:02,24 --> 00:56:06,04
restore the city's control over
that eminent piece of property.

635
00:56:09,60 --> 00:56:16,42
So please don't cede

636
00:56:16,43 --> 00:56:22,73
control over. To an undeserving project
by failing to determine compliance

637
00:56:24,38 --> 00:56:31,25
city council please direct the city
staff to make determination thank

638
00:56:31,26 --> 00:56:35,89
you thank you very much our next speaker
is John Willie followed by long Chow

639
00:56:36,05 --> 00:56:38,12
followed by Kitty more welcome John.

640
00:56:56,16 --> 00:57:02,20
And seems like you might be having issues
with the overhead projector. So we might

641
00:57:02,21 --> 00:57:04,64
be able to utilize the one on the Dyess.

642
00:57:55,55 --> 00:58:02,43
Co-counsel John Willie here to speak
again about vocal. The image on the top

643
00:58:02,44 --> 00:58:09,28
is that that Velcro that we residents
all turned down and now it's

644
00:58:09,59 --> 00:58:13,22
this fall. There's

645
00:58:13,46 --> 00:58:19,56
a general plan that establishes the rules
for development and unfortunately for us

646
00:58:19,57 --> 00:58:24,76
residents the rules for Valko were taken
away and replaced by the concept of

647
00:58:24,77 --> 00:58:31,52
a specific plan which is to be
approved by the city council OK

648
00:58:33,69 --> 00:58:40,68
Next like how do you know if
it's too high How do you know

649
00:58:40,89 --> 00:58:47,78
to I How do you know if Valko don't please
put down how do you know if the volcano

650
00:58:47,79 --> 00:58:48,93
specific plan is

651
00:58:48,94 --> 00:58:55,63
a good plan for Cupertino let's
compare it let's compare it to Main

652
00:58:55,64 --> 00:59:02,55
Street let's compare it with the density.
Of Elko four hundred thousand square feet

653
00:59:02,59 --> 00:59:07,28
of office which is down from one point
two million office of one point eight

654
00:59:07,34 --> 00:59:13,82
million and housing of two point two
million four hundred forty eight million.

655
00:59:16,35 --> 00:59:20,01
Four point four four
million which means it has

656
00:59:20,02 --> 00:59:26,87
a density of two hundred percent and let's
compare that to Main Street which is

657
00:59:26,91 --> 00:59:33,43
ninety five percent if you could pull it
up here's Main Street with its height

658
00:59:33,48 --> 00:59:36,75
compared to what's being
proposed does that look like

659
00:59:36,76 --> 00:59:43,40
a good specific plan for Cupertino Next
let's do the same chair keep going next

660
00:59:44,24 --> 00:59:51,03
going going OK let's compare it to
Sunnyvale town center Sunnyvale

661
00:59:51,04 --> 00:59:56,44
Town Center one hundred sixteen percent
versus volcanoes two hundred percent let's

662
00:59:56,45 --> 01:00:01,79
see the picture please push it up a
little I encourage you all to make

663
01:00:01,80 --> 01:00:08,70
a trip to Sunnyvale town center and
walk around next light walk around

664
01:00:08,74 --> 01:00:14,07
and see that that's what one hundred percent
looks like not two hundred one hundred

665
01:00:14,25 --> 01:00:20,78
next like where's all the the trees
where where's all the nice open

666
01:00:20,79 --> 01:00:21,72
space it's

667
01:00:21,75 --> 01:00:26,58
a concrete Canyon and that's one hundred
percent what do we get for two hundred

668
01:00:26,70 --> 01:00:29,81
next I'm confused

669
01:00:29,82 --> 01:00:36,47
a little bit about this area in the circle
notice that those are houses that are

670
01:00:36,48 --> 01:00:43,30
going to be looked down on by those
twenty two storey buildings where the

671
01:00:43,31 --> 01:00:49,89
residence sensible growth is
what this city is all about

672
01:00:50,63 --> 01:00:56,67
and sensible growth is what our city council
needs to be promoting sensible growth

673
01:00:56,68 --> 01:01:03,22
please thank you John our next speaker
is long shall followed by Kitty more

674
01:01:03,47 --> 01:01:06,01
followed by Pete Heller welcome Leon.

675
01:01:11,17 --> 01:01:17,89
I Mayor Paul and council members the city
of Berkeley has rejected their speech

676
01:01:17,90 --> 01:01:19,04
thirty five at pre-K.

677
01:01:19,05 --> 01:01:25,73
Xing identify the many major and
minor complaint issues Cupertino

678
01:01:25,74 --> 01:01:31,95
will has not done anything in Cupertino
many residents have identified

679
01:01:32,12 --> 01:01:38,97
numerous complained issues with the vocal
as. Has been sending e-mails to the

680
01:01:38,98 --> 01:01:44,75
State of the city attorney and the
assistant city attorney have been working

681
01:01:44,76 --> 01:01:51,22
a ways I'll say legal counsel. Reviewing
this information and the city

682
01:01:51,23 --> 01:01:57,93
has also retained a consultant
to end. With the cost of over

683
01:01:57,94 --> 01:02:02,54
a hundred thousand dollars to
review well as B.'s thirty five K.

684
01:02:02,55 --> 01:02:08,94
She weighs so much money spent if the
CD does nothing the speedster divide

685
01:02:08,95 --> 01:02:15,62
application will pass wide to say about
the company has of the C.T.'s that

686
01:02:16,13 --> 01:02:17,25
I urge the C.T.

687
01:02:17,26 --> 01:02:20,72
To take action immediately to reject the

688
01:02:21,01 --> 01:02:27,07
a speech or do you have applications.
There are many obvious.

689
01:02:29,13 --> 01:02:34,22
Timers none of you for noting
the head and they took

690
01:02:34,23 --> 01:02:40,49
a minute off so there are many obvious
complaints each use as pointed out by many

691
01:02:40,50 --> 01:02:47,02
community members the most outstanding
one is that the project. Does not

692
01:02:47,78 --> 01:02:53,29
qualify under thirty five scenes two thirds
of the residential footage she has to

693
01:02:53,30 --> 01:02:57,47
be rest assured two thirds of the total is
grown for the Jew has to be rested they

694
01:02:57,48 --> 01:03:03,13
show use but their. Parking lot
and the rooftop garden and

695
01:03:04,10 --> 01:03:11,03
Paul as residential use while the parking
lot for all face are not come to the Toto

696
01:03:11,04 --> 01:03:17,73
square footage further away support high
quality inclusionary below market rate

697
01:03:17,74 --> 01:03:24,60
housing but this evolved as.
Well likely used substandard

698
01:03:24,61 --> 01:03:30,33
material for our in the
quarters that's not the kind of

699
01:03:30,34 --> 01:03:36,76
a project where you want please
reject. The five application and

700
01:03:36,77 --> 01:03:42,12
please take actions to
prevent. Future S.P.

701
01:03:42,13 --> 01:03:48,81
Certified by immediately fixing the
general plan to establish high

702
01:03:48,85 --> 01:03:55,46
limit and lower rates at their initial
then city so that the next version of the

703
01:03:55,47 --> 01:03:57,18
S.B. Starting five K.

704
01:03:57,19 --> 01:04:02,56
She. Will be saw this.

705
01:04:04,90 --> 01:04:09,42
Please don't let the developer take at
the vent of the good will of the city

706
01:04:09,43 --> 01:04:15,45
council in two thousand and fourteen at
that time. The general plan was under

707
01:04:16,24 --> 01:04:23,06
control but now it is not thank
you thank you our final three

708
01:04:23,07 --> 01:04:26,72
speaker cards of the moment are
from three more people are on

709
01:04:26,73 --> 01:04:33,41
a four hour welcome. The timer
still going so the minute or.

710
01:04:34,68 --> 01:04:40,13
So he's right good evening city council and
mayor Paul the velcro project violates

711
01:04:40,14 --> 01:04:45,19
applicable law in numerous respects as
friends of better Cupertino has documented

712
01:04:45,20 --> 01:04:50,99
in more than one hundred fifty pages of
detailed information under the new S.B.

713
01:04:51,00 --> 01:04:55,30
Thirty five law the city must raise
its grounds for objection with full

714
01:04:55,31 --> 01:05:00,90
documentation within ninety days if the
city does not act it loses control of the

715
01:05:00,91 --> 01:05:05,96
process and the developer can do what they
want bizarrely eighty four days into the

716
01:05:05,97 --> 01:05:09,65
ninety day review period to the
city has still not taken action.

717
01:05:13,47 --> 01:05:18,84
We note that the city attorney Randolph
home has been absent for several weeks and

718
01:05:18,85 --> 01:05:24,26
the city manager is about to retire friends
of better Cupertino demands that the

719
01:05:24,27 --> 01:05:26,04
city and mediately send out

720
01:05:26,08 --> 01:05:31,34
a formal notice informing the applicant
of all grounds for rejection with full

721
01:05:31,35 --> 01:05:36,12
documentation friend of friends or better
Cupertino as materials are readily

722
01:05:36,13 --> 01:05:41,16
available for use by the city in addition
the city has extensive work product from

723
01:05:41,17 --> 01:05:45,18
outside lawyers from the
city attorney from the M.

724
01:05:45,19 --> 01:05:49,62
Group development consultants hired by
the city for one hundred two thousand

725
01:05:49,63 --> 01:05:55,96
dollars of our money sending out the notice
now preserves the city and citizens'

726
01:05:55,100 --> 01:06:01,72
rights this is the safe course for the
city to take failing to reject the project

727
01:06:01,73 --> 01:06:07,83
means the city loses control of the process
thank you and we have one for each of

728
01:06:07,84 --> 01:06:12,96
you thank you please leave him with the
city clerk our last records of this point

729
01:06:12,97 --> 01:06:16,47
or Pete Heller Hanna full Wyler
and Nick Garcia welcome Pete.

730
01:06:20,82 --> 01:06:26,95
Thank you Mayor Pell Mayor Paul and council
members wanted to speak on behalf of

731
01:06:26,96 --> 01:06:32,62
the regular trail which I am strongly
in favor of I'm speaking both as

732
01:06:33,08 --> 01:06:38,46
a individual member of the community as
well as my. Representing the bicycle

733
01:06:38,47 --> 01:06:44,78
pedestrian commission to my. Key thing
that I think we see the dynamic in the

734
01:06:44,79 --> 01:06:50,47
community is that those that live next to
the trail are the ones who are resistant

735
01:06:50,48 --> 01:06:57,18
to it everyone else is in favor I want to
just wreak recounts of personal anecdote

736
01:06:57,64 --> 01:06:59,71
so before I move to I've been

737
01:06:59,72 --> 01:07:03,86
a resident of Cupertino over thirty
years now before I moved to my current

738
01:07:03,87 --> 01:07:07,84
residence I was living on
the east side I moved into

739
01:07:07,85 --> 01:07:13,78
a house that backs up onto the ng in Pacific
railroad tracks and before I moved I

740
01:07:13,79 --> 01:07:20,43
was apprehensive about it I was worried
about the same issues that people have. Are

741
01:07:20,44 --> 01:07:25,45
currently repeated to see me but what
I've learned since living there and I've

742
01:07:25,46 --> 01:07:28,79
lived here now for eighteen
years is that it is

743
01:07:28,80 --> 01:07:35,12
a tremendous community asset because it
enables kids to go to school without being

744
01:07:35,16 --> 01:07:36,98
on the streets in

745
01:07:36,99 --> 01:07:42,49
a Mabel's dog walkers to take their dogs
out in the in those people walk and take

746
01:07:42,50 --> 01:07:44,99
their bikes without being
on the streets which is

747
01:07:45,00 --> 01:07:51,44
a tremendous value to the community for all
the other reasons that have been cited

748
01:07:51,45 --> 01:07:57,42
already. So I think there
is there is as for Marilyn

749
01:07:58,04 --> 01:08:04,47
cited the dynamic of being fearful of
these things before they come and then

750
01:08:04,48 --> 01:08:08,89
supportive after they come and I think
there is something that can be done about

751
01:08:08,93 --> 01:08:14,50
fencing and some residents want to hire
and some residents want it lower so that

752
01:08:14,51 --> 01:08:19,09
can be adapted to suit the needs of each
of the residents. That's all Arabs say

753
01:08:19,28 --> 01:08:23,88
thanks very much thank you
Pete our next speaker is on

754
01:08:23,89 --> 01:08:28,51
a full while followed by
Nick Garcia welcome home.

755
01:08:36,36 --> 01:08:38,91
Members of the city council
I'm here tonight deliver

756
01:08:38,92 --> 01:08:42,71
a message regarding the ongoing specific
plan process that will shape the

757
01:08:42,72 --> 01:08:47,18
development of the MT Valko
mall. Specific plan has come

758
01:08:47,19 --> 01:08:50,87
a long way since optics community
driven process began earlier this year

759
01:08:51,17 --> 01:08:54,87
a small but vocal segment of the community
seems willing to do anything to see that

760
01:08:54,88 --> 01:08:58,39
it does not come to a meaningful
conclusion if you had had

761
01:08:58,40 --> 01:09:02,30
a chance to attend the sitting meetings or
give input it is likely your ready know

762
01:09:02,31 --> 01:09:06,56
that the community input from residents
neighbors and city official guides the

763
01:09:06,57 --> 01:09:11,46
specific plan process despite that one
small group continues to oppose process

764
01:09:11,81 --> 01:09:15,01
throughout copacetic plan does not
present the property owner with

765
01:09:15,02 --> 01:09:20,47
a viable and generally feasible feasible
project alternative dealing past board is

766
01:09:20,51 --> 01:09:20,95
the S.P.

767
01:09:20,96 --> 01:09:26,27
Thirty five plan as someone who supports
Valko redevelopment and but would be very

768
01:09:26,28 --> 01:09:31,82
open to us all exploring projects
and elements in the S.B.

769
01:09:31,83 --> 01:09:35,80
Thirty five I want to remind everyone here
that we can only bring the ideas to the

770
01:09:35,81 --> 01:09:40,99
table for consideration if the city seizes
this opportunity and takes the Pacific

771
01:09:41,00 --> 01:09:46,10
plan process seriously please remember that
you are here to serve all of Cupertino

772
01:09:46,33 --> 01:09:48,98
not just of voices who have
the time here to appear twice

773
01:09:48,99 --> 01:09:53,43
a month thank you for continuing to
support commuter in process to create

774
01:09:53,44 --> 01:09:55,12
a viable specific plan for

775
01:09:55,13 --> 01:09:59,28
a development for the new and better Valko
So thank you very much thank you thank

776
01:09:59,29 --> 01:10:03,82
you our final speaker card is
from Nick Garcia welcome Nick.

777
01:10:06,33 --> 01:10:08,49
Moore welcome.

778
01:10:19,04 --> 01:10:25,00
Thank you Council for them to send to
me my name is Nick Garcia. I live on my

779
01:10:25,01 --> 01:10:31,29
driving Cupertino. I was better than I have
lived there for fifty four years raised

780
01:10:31,30 --> 01:10:37,75
our kids here and now we're retired and
joined Cupertino is our home town good

781
01:10:37,76 --> 01:10:43,88
stuff. I'd like to tell you that I really
haven't looked at the plan for the bike

782
01:10:43,89 --> 01:10:49,38
and transportation for the city I think
it's really cool it's really good and I

783
01:10:49,38 --> 01:10:54,63
want to tell you that we supported. What
I'm here for is to let you know about the

784
01:10:54,65 --> 01:10:56,67
redneck trail that I got

785
01:10:56,68 --> 01:11:01,66
a trail it's part of the plan but also has
to connection I think most of you know

786
01:11:01,67 --> 01:11:04,25
what it is the connection between

787
01:11:05,04 --> 01:11:09,53
a Pacifica drive and creaks
Hyde Park I don't have

788
01:11:09,54 --> 01:11:14,19
a map here but I think you might know
what it is that follows the reg not creak

789
01:11:14,90 --> 01:11:20,97
along the library here turn right causes
Blaney and then goes to the Greeks had

790
01:11:20,98 --> 01:11:26,74
Park OK. There have been you have
done studies conceptual studies.

791
01:11:28,24 --> 01:11:33,17
Community group workshops that we have
been part of and now you've done the.

792
01:11:34,40 --> 01:11:39,50
Feasibility study for this and all of
those studies have really have to have

793
01:11:39,51 --> 01:11:45,99
generated or identified issues to homeowners
who guides to this trail we don't

794
01:11:45,100 --> 01:11:50,24
see that it is a good thing
to have the reg not creek as

795
01:11:50,25 --> 01:11:56,28
a trail. There are other possibilities
which are not being considered

796
01:11:57,07 --> 01:12:03,44
streets and sidewalks there are very
viable options for that and I think that

797
01:12:03,45 --> 01:12:09,75
should be considered and on Lamar
where I live. Lamar drive is a

798
01:12:10,11 --> 01:12:11,24
a that's

799
01:12:11,25 --> 01:12:14,77
a free we have kids go to school in the
morning and when they come home at night

800
01:12:15,64 --> 01:12:19,26
they've been doing that since
my kids were there and that's

801
01:12:19,27 --> 01:12:25,75
a long time ago and now also the
other possibility is going through

802
01:12:26,30 --> 01:12:31,55
the Wilson Park and see kids going to
school there every morning and coming back

803
01:12:31,56 --> 01:12:37,20
home and bicycles going through that
too so what I would like to ask you is

804
01:12:37,21 --> 01:12:42,53
a first two possibilities that we're
focusing on the creek but we're not really

805
01:12:42,54 --> 01:12:48,30
looking at the others I think that we
really should look at all three options I

806
01:12:48,31 --> 01:12:52,97
don't know if it's too late but what I
would like to propose would be that we do

807
01:12:53,30 --> 01:13:00,28
a study just to determine what the advantages
and disadvantages are of these three

808
01:13:00,29 --> 01:13:07,01
options not just focus on the one
feasibility study that is focusing on the

809
01:13:07,02 --> 01:13:12,83
trail OK now if you are if
you would do these options

810
01:13:13,87 --> 01:13:20,14
and. Do that study I think you would
arm you folks to be able to make

811
01:13:20,15 --> 01:13:25,21
a decision on which to that is which one
of those options is the best for the city

812
01:13:25,39 --> 01:13:31,60
and for the people that thank you Nic.
Are now last and final in spirit card is

813
01:13:31,61 --> 01:13:37,43
from Lisa Warne Welcome Lisa.
But thank you for the chance.

814
01:13:39,24 --> 01:13:44,85
I just want to say that I am
bothered by the reference to

815
01:13:46,00 --> 01:13:49,79
people being concerned about what happens
in the city and what happens with the

816
01:13:49,80 --> 01:13:56,05
lack of reply or response to or possible
lack of response to an S B thirty five

817
01:13:56,06 --> 01:14:01,44
application that has been pointed out as
being noncompliant in several ways it

818
01:14:01,45 --> 01:14:06,18
bothers me that. This small group.

819
01:14:08,50 --> 01:14:14,33
Categorization. It is
completely ludicrous there's

820
01:14:14,34 --> 01:14:18,18
a large group that doesn't want this
for various reasons but there's

821
01:14:18,19 --> 01:14:24,54
a group who has taken the time and for one
I am very grateful that there are people

822
01:14:24,55 --> 01:14:28,80
that are digging into this trying to find
their own answers and help the city in

823
01:14:28,81 --> 01:14:33,17
fact by sending information that they they're
trying to cooperate with the city and

824
01:14:33,18 --> 01:14:36,54
finding information to share
a lot of that went to

825
01:14:36,55 --> 01:14:42,84
a city attorney where we don't even know
where he is or why he's not here I hope

826
01:14:42,92 --> 01:14:47,76
that that information went to acting city
attorney and that it's being looked at

827
01:14:47,91 --> 01:14:48,55
because there's not

828
01:14:48,56 --> 01:14:52,38
a lot of people that want to read through
that whole thing and understand it and

829
01:14:52,39 --> 01:14:52,71
there's not

830
01:14:52,72 --> 01:14:58,68
a lot of people who are qualified to do so
supposedly we're better people hired or

831
01:14:58,72 --> 01:15:03,60
tasked with doing that but we keep asking
what's happening what's happening and

832
01:15:03,61 --> 01:15:05,51
there's no answers and we've got less than

833
01:15:05,52 --> 01:15:12,46
a week left so I just needed to say that
out loud and I would think that city

834
01:15:12,47 --> 01:15:16,78
staff would be appreciative of the help
whether they agree or don't agree with

835
01:15:16,79 --> 01:15:20,19
what's being said it's like any other project
you're supposed to be doing with your

836
01:15:20,20 --> 01:15:26,33
community who voted you in and who pay
your salary that you're supposed to

837
01:15:26,34 --> 01:15:32,46
cooperate and information is being shared
it's good information and if it's thrown

838
01:15:32,47 --> 01:15:36,94
out just because someone doesn't want
to listen to what it says that's

839
01:15:36,94 --> 01:15:43,05
a huge problem huge problem.
And liability for the city

840
01:15:43,47 --> 01:15:49,36
so I wasn't going to speak but there I
went thank you thank you very much Lisa

841
01:15:49,89 --> 01:15:56,74
we're now I was coerced Yes. Council
Member No. I have been been the

842
01:15:57,22 --> 01:16:00,74
president's come forward communications
begin direct stuff so if the mayor

843
01:16:00,75 --> 01:16:03,04
conducted the city managed
to command on the S.B.

844
01:16:03,05 --> 01:16:06,22
Thirty five either knowledge at the end
of the meeting that would be very helpful

845
01:16:06,72 --> 01:16:10,88
because stuff is the one that's been looking
at is because if I announce it city

846
01:16:10,89 --> 01:16:14,65
council certainly we have an opportunity
at the end of the meeting during Council

847
01:16:14,66 --> 01:16:19,95
contacts to staff follow up questions with
regard to any items that came up during

848
01:16:19,96 --> 01:16:25,19
oral communications at this point with
leave to rest of the absolutely thank you

849
01:16:25,59 --> 01:16:29,97
council member vide and I think for bringing
that up. I'd like with leave of the

850
01:16:29,98 --> 01:16:30,71
rest of Cal to take

851
01:16:30,72 --> 01:16:33,67
a very brief five minute break
in to hold everyone to that it's

852
01:16:33,68 --> 01:16:36,61
a few minutes after eight o'clock
right now we've been going for

853
01:16:36,62 --> 01:16:40,30
a little bit over an hour and
fifteen minutes and we do have

854
01:16:40,31 --> 01:16:45,25
a pretty significant study session coming
up after the break so if we take it so

855
01:16:45,26 --> 01:16:50,48
Mary to facilitate this as I did last
time two weeks ago given that the study

856
01:16:50,49 --> 01:16:56,91
session item would be. In all of
pretty much all the forms shown

857
01:16:57,30 --> 01:17:03,09
a progressive tax I'm going to choose to
recuse myself as I did last time very good

858
01:17:03,10 --> 01:17:06,58
Thank you Vice Mayor syncs how our last
speeded up by making that announcement now

859
01:17:06,59 --> 01:17:09,28
thankfully and with no
objections to taking

860
01:17:09,29 --> 01:17:12,77
a brief break we'll go ahead and reconvene
in about five minutes thank you very

861
01:17:12,78 --> 01:17:19,12
much we commence with the meeting we are
now on I don't number five Item Number

862
01:17:19,13 --> 01:17:19,88
five is

863
01:17:19,89 --> 01:17:25,41
a proposed restructuring of Cupertino
the business license tax recorder place

864
01:17:25,93 --> 01:17:30,70
please. Please please. Finish
up your conversations have

865
01:17:30,71 --> 01:17:37,32
a seat thanks very much. Under the
study session section of our agenda

866
01:17:37,36 --> 01:17:39,53
tonight item number five again is

867
01:17:39,60 --> 01:17:44,96
a proposed restructuring of Cupertino as
business license tax from our city staff

868
01:17:44,97 --> 01:17:49,77
today we have our deputy city manager
Jackie Guzman as well as our economic

869
01:17:49,78 --> 01:17:55,34
development director Angeles way Welcome
thank you very much and just to let you

870
01:17:55,35 --> 01:18:00,89
know the order of how we typically conduct
items we take the staff presentation any

871
01:18:00,90 --> 01:18:05,73
questions from counsel followed by public
input and we bring it back up to the

872
01:18:05,74 --> 01:18:10,94
Dyess after that for further comment and
any potential direction from Kelso so

873
01:18:10,98 --> 01:18:16,34
welcome and please introduce the item for
us Honorable Mayor members of the city

874
01:18:16,35 --> 01:18:21,55
council Jackie is mine deputy manager
this is our stock in study session on

875
01:18:21,56 --> 01:18:26,94
employer based revenue measures just for
the audience I'm going to go through some

876
01:18:26,95 --> 01:18:32,05
background. Cupertino is

877
01:18:32,06 --> 01:18:36,67
a job center we've had the area thirty
five percent increase in our workforce and

878
01:18:36,71 --> 01:18:43,06
two thousand and nine and now have approximately
forty two thousand workers in the

879
01:18:43,07 --> 01:18:48,99
city our population balloons during the
day. Which causes traffic seventy five

880
01:18:49,00 --> 01:18:55,61
percent of commuters into the city come
in single occupancy vehicles and it's no

881
01:18:55,62 --> 01:19:01,15
surprise that because of this traffic was
the biggest concern in the last community

882
01:19:01,16 --> 01:19:05,61
wide survey in two
thousand and seventeen. As

883
01:19:05,62 --> 01:19:10,87
a result Council adopted the two thousand
eight hundred nineteen work pulled

884
01:19:10,88 --> 01:19:17,78
program in March and included an
eye on exploring employer based

885
01:19:17,79 --> 01:19:24,05
revenue measures to address traffic
congestion following that its staff conducted

886
01:19:24,28 --> 01:19:31,20
voter poll in May and.
Asked voters if they

887
01:19:31,21 --> 01:19:32,05
would support

888
01:19:32,09 --> 01:19:37,87
a restructuring of the business license
tax and clipping an increase with.

889
01:19:39,03 --> 01:19:43,91
With larger businesses paying more than
smaller businesses and there was quite

890
01:19:43,92 --> 01:19:50,77
a bit of support for that idea
which brings us to which we

891
01:19:50,78 --> 01:19:57,20
reported at the June fifth study session
on potential revenue measures and council

892
01:19:57,48 --> 01:20:02,77
asked us to come back with some information
and do some business outreach we did

893
01:20:02,78 --> 01:20:03,27
have

894
01:20:03,62 --> 01:20:09,73
a business forum yesterday June eighteenth
and we're back again today to answer those

895
01:20:09,74 --> 01:20:14,81
questions that were brought
up by counsel along with.

896
01:20:16,48 --> 01:20:22,56
Potential business license tax structures
and models and potential projects. So

897
01:20:22,57 --> 01:20:27,46
we'll start out with discussing the different
business license tax structures these

898
01:20:27,47 --> 01:20:30,40
are square footage which we
currently have in the city

899
01:20:30,65 --> 01:20:36,09
a payroll tax and employer
employee based structures.

900
01:20:40,52 --> 01:20:46,40
So in the city we have about thirty
eight hundred businesses that obtain

901
01:20:46,41 --> 01:20:52,11
a business license every year from the city.
We do this based on square footage and

902
01:20:52,12 --> 01:20:59,00
you can see the mix of square footage we
have here in the city. We only have about

903
01:20:59,01 --> 01:21:03,12
thirty percent of our businesses in
the city that actually are charged

904
01:21:03,13 --> 01:21:07,70
a pair per square footage rate most of
our businesses have zero square footage

905
01:21:07,71 --> 01:21:11,12
because they're either out of town businesses
we have about twenty two hundred of

906
01:21:11,13 --> 01:21:16,05
those or their sole proprietors
with zero square footage

907
01:21:21,10 --> 01:21:26,09
we generate about eight hundred thousand
dollars that's our estimate is for this

908
01:21:26,10 --> 01:21:31,22
year and as you can see we have
a model that is regressive it's

909
01:21:31,23 --> 01:21:37,31
a regressive tax structure that uses square
footage of commercial space the base

910
01:21:37,32 --> 01:21:42,78
rate is one hundred forty four dollars and
the per square per square foot rate is

911
01:21:42,79 --> 01:21:47,15
highest for the smaller smallest
commercial space and decreases as

912
01:21:47,16 --> 01:21:51,48
a square footage amount
increases. We did look into

913
01:21:51,52 --> 01:21:57,08
a neutron progressive model so the neutral
model would take this rate of point zero

914
01:21:57,09 --> 01:22:02,100
three eight. Cents per square
foot and if we charged that

915
01:22:03,96 --> 01:22:08,86
rate throughout for every square footage
we don't we generate an additional four to

916
01:22:08,87 --> 01:22:14,19
eleven thousand dollars a year so it
wouldn't make much of an impact if it was

917
01:22:14,20 --> 01:22:18,23
a neutral. A neutral rate if we had

918
01:22:18,24 --> 01:22:23,43
a progressive rate we did start out with
the slowest rate and increase it up to

919
01:22:23,44 --> 01:22:28,08
about twenty five cents per square foot
again that the impact was relatively small

920
01:22:28,09 --> 01:22:30,90
would be about it an additional
sixty thousand dollars

921
01:22:31,18 --> 01:22:36,57
a year or so not much of an impact if Council
really wanted to increase the revenue

922
01:22:36,58 --> 01:22:41,86
significantly they would be looking at
having to increase the square footage amount

923
01:22:41,87 --> 01:22:47,90
by about four dollars per square foot.
Which is really significant and

924
01:22:48,58 --> 01:22:54,49
would be would have various specific impacts
on businesses that are not necessarily

925
01:22:55,12 --> 01:22:59,76
the largest in the city. Next we took

926
01:22:59,77 --> 01:23:06,60
a look at payroll taxes payroll taxes
our tax that supply to salaries and

927
01:23:06,61 --> 01:23:12,69
wages for workers in the city there are
not very many cities that do this we do

928
01:23:12,70 --> 01:23:12,90
have

929
01:23:12,91 --> 01:23:18,37
a chart here San Francisco is the only
major city in California that has appeared

930
01:23:18,38 --> 01:23:23,98
all tax and San Francisco's actually
transitioning away from that they found that

931
01:23:24,02 --> 01:23:31,00
the payroll tax discouraged some economic
growth lowered wages and provided

932
01:23:31,01 --> 01:23:37,10
and stable revenue stream so they're actually
moving towards tax on gross receipts

933
01:23:37,11 --> 01:23:41,37
instead of the payroll tax or payroll
taxes originally one point five percent

934
01:23:41,99 --> 01:23:46,68
they're right now at point seven one percent
just because they're transitioning out

935
01:23:46,69 --> 01:23:47,51
about model.

936
01:23:54,29 --> 01:24:00,82
So then that brings us to the employee
count business tax so in this structure

937
01:24:00,86 --> 01:24:07,69
employers pay a perm ploy a rate flat
amount for small businesses and then

938
01:24:07,70 --> 01:24:13,17
a progressive perm play rate that increases
as employee count increases there are

939
01:24:13,18 --> 01:24:18,23
neighboring cities currently operate this
model Sunnyvale San Jose and Redwood City

940
01:24:18,24 --> 01:24:18,43
have

941
01:24:18,44 --> 01:24:24,15
a small Adl and Mountain View is proposing
this model on their November on the November

942
01:24:24,16 --> 01:24:31,15
two thousand and eighteen ballot when we

943
01:24:31,39 --> 01:24:34,72
were looking at how to model
this we did have to make

944
01:24:34,85 --> 01:24:40,63
a few assumptions so we assumed that there
would be thirty five hundred nomics and

945
01:24:40,87 --> 01:24:46,87
business licenses so these are
businesses that currently. We have

946
01:24:46,88 --> 01:24:53,59
specific. Business license structures for
businesses like hotels or entertainment

947
01:24:53,60 --> 01:24:54,32
businesses or

948
01:24:54,33 --> 01:24:59,37
a variety of other specific types of
businesses so we excluded those from the model

949
01:24:59,61 --> 01:25:05,87
and obviously excluded our nonprofit
organizations from this model which we don't

950
01:25:05,88 --> 01:25:09,92
tax so we assumed thirty five hundred
nonexempt businesses with thirty nine

951
01:25:09,93 --> 01:25:14,76
thousand employees we assume twenty two
hundred out of town businesses which we

952
01:25:14,77 --> 01:25:19,11
wouldn't charge. NESA this
models we wouldn't charge

953
01:25:19,30 --> 01:25:25,61
a per employee amount council could decide
that they want to look into that we use

954
01:25:25,62 --> 01:25:29,37
data from the California employee
development department and the U.S.

955
01:25:29,38 --> 01:25:35,12
Census zip code business patterns to
determine number of employees because we

956
01:25:35,29 --> 01:25:41,33
currently don't collect that as part of
our business license tax application. But

957
01:25:41,34 --> 01:25:42,76
we did have some data from

958
01:25:42,77 --> 01:25:47,35
a business license tax in terms of
number of businesses. You know what they

959
01:25:47,36 --> 01:25:54,07
currently pay in business license tax
the other important thing to note is

960
01:25:54,67 --> 01:26:00,30
we did not in any of any of the five models
we did not to have an employer rate for

961
01:26:00,31 --> 01:26:04,97
the first ninety nine employees so that
means any business with less than ninety

962
01:26:04,98 --> 01:26:07,77
nine employees would just
have a flat rate and not

963
01:26:07,78 --> 01:26:13,33
a perm play rate and for businesses larger
than ninety nine employees they would

964
01:26:13,34 --> 01:26:18,54
only pay for it and the per employee rate
for employees above that ninety nine

965
01:26:19,03 --> 01:26:22,34
employees so if they have one hundred five
employees and they're only paying the

966
01:26:22,35 --> 01:26:26,54
per employee rate on six of
those. And we do not have

967
01:26:26,55 --> 01:26:35,14
a cap. We

968
01:26:35,15 --> 01:26:36,63
wanted to give you just

969
01:26:36,64 --> 01:26:42,79
a big picture we have few
medium to large businesses in

970
01:26:42,80 --> 01:26:49,02
Cupertino so as you can see estimated
employees by business size we have.

971
01:26:50,21 --> 01:26:55,27
More businesses in the smaller range and
then we have one large business in the

972
01:26:55,28 --> 01:27:00,10
city that employs two thirds of Cupertino
is work for such so I did up one question

973
01:27:00,11 --> 01:27:04,56
should question from council members are
those thirty businesses how much are they

974
01:27:04,57 --> 01:27:10,86
paying. Business license taxes now do you
have that information I don't have that

975
01:27:10,87 --> 01:27:17,49
information but I can tell you that our
largest tax payer for right now in the city

976
01:27:17,50 --> 01:27:20,75
for business licenses about sixteen
seventeen thousand dollars

977
01:27:20,76 --> 01:27:25,75
a year. How much sixteen or
seventeen thousand dollars

978
01:27:25,76 --> 01:27:28,20
a year that's the that's
the largest OK Thank you.

979
01:27:38,08 --> 01:27:44,92
So with that we'll start with our
first model this model. Ranges

980
01:27:45,18 --> 01:27:51,98
from per employee rate of fifty dollars to
one hundred fifty dollars this talk rate

981
01:27:51,99 --> 01:27:56,34
is the same as the one that mountain
view is considering at one hundred fifty

982
01:27:56,35 --> 01:28:00,50
dollars for the largest
employers in the city. And

983
01:28:00,51 --> 01:28:05,100
a base rate that starts at one hundred fifty
up to five hundred we started our base

984
01:28:06,01 --> 01:28:10,24
rate at one hundred fifty because our
base rate currently in the city is one

985
01:28:10,25 --> 01:28:17,14
hundred forty dollars so we thought this
was. A good rate to start out it wouldn't

986
01:28:17,15 --> 01:28:17,34
have

987
01:28:17,35 --> 01:28:22,33
a big impact our current rate of one hundred
forty dollars goes up every year by an

988
01:28:22,34 --> 01:28:28,97
inflationary index so if this were to be
implemented in twenty twenty like Mountain

989
01:28:28,98 --> 01:28:34,45
View is proposing then by then the rate
would be at about one hundred fifty dollars

990
01:28:34,77 --> 01:28:41,26
This is after the ninety nine employee
Yes So any business with let's say

991
01:28:42,19 --> 01:28:47,61
always would pay five hundred dollars flat
rate and that business with one hundred

992
01:28:47,62 --> 01:28:54,00
five employees would pay five hundred
dollars and then they would pay.

993
01:28:55,28 --> 01:29:01,77
Fifty dollars for those they have beefed
three hundred dollars out of that product

994
01:29:01,98 --> 01:29:08,81
crossed nine hundred dollars. Of your
business have under five and it would be

995
01:29:08,85 --> 01:29:15,16
it would be eight hundred dollars. Yeah
so five hundred flat rate and then

996
01:29:15,38 --> 01:29:20,60
six employees on top of those ninety nine
times fifty right out of that will be

997
01:29:20,61 --> 01:29:27,09
nine hundred nine hundred five hundred
forty nine hundred correct No No six

998
01:29:27,10 --> 01:29:34,01
times fifty is three hundred six times one
fifty no fifty has that at the for the

999
01:29:34,02 --> 01:29:39,14
first one hundred to two hundred forty
nine employees it's fifty dollars per

1000
01:29:39,15 --> 01:29:46,05
employee OK All right do you
see that here look at that one

1001
01:29:46,06 --> 01:29:52,95
there yes this one here now if they
have two hundred and fifty five

1002
01:29:52,96 --> 01:29:59,04
employees them for the for the first ninety
nine they would pay zero for the next

1003
01:29:59,05 --> 01:30:04,21
hundred forty nine they would pay fifty
and for anything on top of two fifty they

1004
01:30:04,22 --> 01:30:11,12
would pay seventy five and so on and
so on so it's incremental OK So five

1005
01:30:11,13 --> 01:30:17,20
thousand employees they will pay three
point four million dollars Well that's if

1006
01:30:17,21 --> 01:30:23,49
the employer has twenty four
thousand employees in that range

1007
01:30:25,12 --> 01:30:28,18
twenty four thousand employees Yes OK.

1008
01:30:31,97 --> 01:30:36,91
Still not much. So the next model has

1009
01:30:36,95 --> 01:30:42,50
a perm ploy agree that goes up to three
hundred dollars per mm Floyd that would

1010
01:30:42,52 --> 01:30:49,23
generate seven point three million. And

1011
01:30:49,24 --> 01:30:54,01
again the rates would be the
same for the smaller employers.

1012
01:30:55,73 --> 01:31:01,79
And then go up for the larger
employees model three.

1013
01:31:03,59 --> 01:31:08,21
It generates over ten
million dollars which is

1014
01:31:08,25 --> 01:31:13,59
a target that council had discussed
in the last meeting so this is

1015
01:31:13,60 --> 01:31:18,08
a model that would get you there to that
ten million dollar mark this one would

1016
01:31:18,09 --> 01:31:21,53
start at seventy five dollars
and then go to four twenty five

1017
01:31:26,09 --> 01:31:32,31
model for is one that would go from fifty
dollars to one thousand dollars so much

1018
01:31:32,32 --> 01:31:35,36
more aggressive and this one at

1019
01:31:35,37 --> 01:31:40,29
a thousand dollars per employee for the
largest employer would generate about

1020
01:31:40,35 --> 01:31:41,44
twenty two million

1021
01:31:47,44 --> 01:31:53,36
and our last model would start
at seventy five dollars.

1022
01:31:55,09 --> 01:32:01,80
For any employee above one hundred and
go to one thousand five hundred for

1023
01:32:02,63 --> 01:32:07,37
the largest employer and it would
generate about thirty two million dollars

1024
01:32:18,47 --> 01:32:25,29
So other things that you would want to
consider besides the rates that you'd

1025
01:32:25,30 --> 01:32:28,02
want to charge is whether
you want to make this

1026
01:32:28,12 --> 01:32:35,08
a general or specific measure general
measures require fifty percent voter approval

1027
01:32:35,09 --> 01:32:41,15
specific measures require two thirds of
sixty seven percent of voter approval

1028
01:32:42,11 --> 01:32:47,55
at this point if counsel wanted
to do you. Wanted to place

1029
01:32:47,56 --> 01:32:51,93
a measure on the ballot for November twenty
eighth we wouldn't really have time to

1030
01:32:51,94 --> 01:32:52,58
put together

1031
01:32:52,59 --> 01:32:58,30
a specific measure with specific projects
that would be something that Council

1032
01:32:58,31 --> 01:33:03,26
could consider for November two thousand
and twenty you also want to take

1033
01:33:03,27 --> 01:33:08,73
a look at part time employees and how you're
going to treat them like question. Was

1034
01:33:08,74 --> 01:33:12,70
twenty twenty four specific
measure because you have to have

1035
01:33:12,71 --> 01:33:17,83
a specific spending plan which we don't
have time to put together in the next two

1036
01:33:17,84 --> 01:33:24,14
to three dollars. You could do it in two
thousand and nineteen However these types

1037
01:33:24,15 --> 01:33:28,96
of measures are most successful during large
election years so that means November

1038
01:33:28,97 --> 01:33:34,12
twenty third twenty twenty I disagree
with that so one don't worry.

1039
01:33:40,54 --> 01:33:44,43
If we did an off year election in
twenty nineteen can that be like

1040
01:33:44,44 --> 01:33:48,82
a BY MAIL election or do we have to pay
for if you have to pay for full and how

1041
01:33:48,83 --> 01:33:54,81
much does that cost. Six hundred thousand
dollars roughly so it's well over one

1042
01:33:54,82 --> 01:33:56,83
thousand dollars OK I think in

1043
01:33:56,84 --> 01:34:01,25
a couple more of three hundred thing but
But what if we partnered with if there was

1044
01:34:01,26 --> 01:34:06,34
somebody some other bondal measure that
for example a school district or yes

1045
01:34:06,35 --> 01:34:07,25
a local that if we had

1046
01:34:07,26 --> 01:34:10,53
a local district we could share the fear
of the cost but we we don't know if they

1047
01:34:10,54 --> 01:34:13,80
were going to get anybody in there and
do we typically come to know that early

1048
01:34:13,81 --> 01:34:19,24
enough so we can bring this to
council. That there's going to be

1049
01:34:19,25 --> 01:34:25,91
a measure from another organization. It
potentially if there is there they may not

1050
01:34:25,92 --> 01:34:29,93
be one but yes I mean we would certainly
know ahead of time to be able to put some

1051
01:34:29,95 --> 01:34:36,61
into obsession forever pre-prepared Thank
you. You know generally. From voting

1052
01:34:36,61 --> 01:34:43,35
patterns what the research shows is with
lower voter turnout you generally get

1053
01:34:43,42 --> 01:34:47,97
more people that will vote if they
are motivated to vote against

1054
01:34:48,00 --> 01:34:49,42
a measure versus in

1055
01:34:49,43 --> 01:34:53,96
a general election and they are motivated
by wanting to vote on other larger issues

1056
01:34:53,97 --> 01:34:54,92
and so you get a

1057
01:34:55,84 --> 01:35:01,54
a more general mix of the public not
necessarily motivated to vote your specific

1058
01:35:01,54 --> 01:35:07,68
measure but down the school school tax issue
by issue the general back to do it at

1059
01:35:07,68 --> 01:35:14,35
the year because the small turnout that's
what I know so maybe just if you had said

1060
01:35:14,36 --> 01:35:18,46
it's an art not a science for sure you're
getting what's the best time for for

1061
01:35:18,54 --> 01:35:25,39
a major of this. Yes but time line is
certainly an important issue so the other

1062
01:35:25,40 --> 01:35:29,36
things I wanted to bring up is how you
treat part time employees and we can

1063
01:35:29,37 --> 01:35:32,45
certainly borrow what
Mountain View or center as

1064
01:35:32,46 --> 01:35:39,24
a or in other cities is doing either
consider part timers you know

1065
01:35:39,73 --> 01:35:43,57
half the rate charged part timers for half
the rate and you have to determine what

1066
01:35:43,58 --> 01:35:45,75
part time is a point seven five is

1067
01:35:45,76 --> 01:35:52,51
a one hundred. Percent. Employees
So you have to consider that

1068
01:35:53,44 --> 01:35:57,37
we have to consider our other business
types we have other business types that we

1069
01:35:57,38 --> 01:36:04,25
tried to separate business
license. Structures so we charge

1070
01:36:04,26 --> 01:36:08,76
different rates for hotels for example we
charge them Parun or for entertainment

1071
01:36:08,77 --> 01:36:13,31
venue like movie theaters we charge per
chair and so you have to consider whether

1072
01:36:13,32 --> 01:36:18,87
you want to keep that model for those
specific businesses or bring them into this

1073
01:36:18,88 --> 01:36:25,23
new employee based model. Another thing
to consider an inflation index which we

1074
01:36:25,24 --> 01:36:31,57
currently have in our business
license structure and certainly

1075
01:36:32,21 --> 01:36:33,01
seems like it's

1076
01:36:33,02 --> 01:36:39,73
a best practice and annual audit
again for transparency it's

1077
01:36:39,77 --> 01:36:41,10
it's seen as

1078
01:36:41,11 --> 01:36:46,24
a best practice but the biggest consideration
is your timeline and your phasing

1079
01:36:46,28 --> 01:36:51,47
when he when to propose to put this measure
on the ballot if you decide to do that

1080
01:36:51,72 --> 01:36:58,61
and how are you going to phase this tax
measure in and fully implement it oh

1081
01:36:58,86 --> 01:37:04,14
you mentioned mountain views proposal of
one fifty what are Sunnyvale and San Jose

1082
01:37:04,15 --> 01:37:08,28
charging. Sunnyvale has

1083
01:37:08,32 --> 01:37:15,15
a model where they charge in. In
increments of five employees and

1084
01:37:15,16 --> 01:37:22,14
it's I can put it on here
it's it's quite. Well

1085
01:37:22,15 --> 01:37:27,16
that's OK Just yeah if you are biggest
employer what is the they they actually have

1086
01:37:27,17 --> 01:37:33,84
a cap of. About this
year and be about twelve

1087
01:37:33,85 --> 01:37:40,61
thousand dollars is their
cap. So for any employer that

1088
01:37:40,62 --> 01:37:47,25
has more than. Nine hundred
and forty six employees

1089
01:37:47,53 --> 01:37:48,31
they charge

1090
01:37:48,35 --> 01:37:55,09
a rate of twelve thousand dollars OK which
is OK yeah sandals days cap is bigger

1091
01:37:55,10 --> 01:37:56,88
than. Book.

1092
01:38:04,30 --> 01:38:06,37
Their cap is one hundred fifty thousand.

1093
01:38:15,88 --> 01:38:21,36
So the other thing that council asked us
to look into was potential projects things

1094
01:38:21,37 --> 01:38:28,05
that we could use the funding for. We
concentrated on transportation and public

1095
01:38:28,06 --> 01:38:33,50
infrastructure these are also the the two
that pulled the highest in terms of what

1096
01:38:33,51 --> 01:38:40,39
voters wanted to see we don't present
projects for affordable housing because those

1097
01:38:40,40 --> 01:38:45,52
are generally those projects happen when
we have potential when we have partners

1098
01:38:45,53 --> 01:38:50,30
approached the city for affordable housing
developments and so we could reserve

1099
01:38:50,31 --> 01:38:51,64
a pot of money but there isn't

1100
01:38:51,65 --> 01:38:57,66
a specific project right now that we can
point to for affordable housing so we'll

1101
01:38:57,67 --> 01:39:04,28
go through those projects. So the
first is an electric community

1102
01:39:04,29 --> 01:39:04,100
shadow

1103
01:39:05,53 --> 01:39:12,35
a shuttle that had six. Vehicles
operating on weekdays during the day

1104
01:39:12,36 --> 01:39:14,13
would cost about one point five million

1105
01:39:14,14 --> 01:39:21,13
a year. Community shuttle that
operated daily. During the

1106
01:39:21,14 --> 01:39:28,12
day would cost about two million dollars
per year this is the right. Is that

1107
01:39:28,13 --> 01:39:33,81
you have to ask Director board and he put
these projects together so he I'm sure he

1108
01:39:33,82 --> 01:39:40,35
can certainly answer specific questions on.
The and these are probably on the high

1109
01:39:40,36 --> 01:39:44,06
side depends when you when you do
them because you're escalation plays

1110
01:39:44,07 --> 01:39:49,63
a big factor if you don't now or didn't
ten years from now the cost be much

1111
01:39:49,64 --> 01:39:53,65
different so these are just very very rough
numbers because we would know we don't

1112
01:39:53,69 --> 01:39:57,65
know what the specifics of what these
projects would be but it would give the

1113
01:39:57,66 --> 01:40:04,45
council an idea of the magnitude of projects
that you could accomplish for various

1114
01:40:04,49 --> 01:40:10,12
business tax models so so it's just it's
just to give you the the ideas that would

1115
01:40:10,37 --> 01:40:15,34
that would be in the range of things that
you could you could accomplish I think I

1116
01:40:15,35 --> 01:40:20,37
think I got the information from regarding
the stamper university providing the

1117
01:40:20,42 --> 01:40:25,01
shuttle bus service and last time I checked
with them my understanding that the

1118
01:40:25,10 --> 01:40:29,70
annual cost is about one million dollars
then this these numbers are pulled from

1119
01:40:29,71 --> 01:40:34,62
what is currently costing Mountain View
in the Google shuttles that are going

1120
01:40:34,63 --> 01:40:39,61
disobeys on the Google among them even in
boroughs OK Not not the one in charge of

1121
01:40:39,62 --> 01:40:44,20
us in politics correct with the
Stanford University right OK Thank you.

1122
01:40:46,72 --> 01:40:48,67
So next could be

1123
01:40:48,71 --> 01:40:54,09
a library expansion Council
has considered an addition of

1124
01:40:54,10 --> 01:40:59,49
a perch that would cost about eight point
five million dollars councils also

1125
01:40:59,50 --> 01:40:59,96
considered

1126
01:40:59,97 --> 01:41:05,93
a new city hall for four hundred thousand
square foot building forty thousand so.

1127
01:41:07,92 --> 01:41:13,49
Would cost from seventy five to ninety
five million pending on the scope you this

1128
01:41:13,50 --> 01:41:16,72
feels like it's

1129
01:41:16,72 --> 01:41:22,24
a range seven thousand and ninety five.
Getting bigger and bigger and in what I

1130
01:41:22,25 --> 01:41:28,87
thought about time. Enhanced Community
facilities this is based on

1131
01:41:29,41 --> 01:41:30,73
the city is working on

1132
01:41:30,74 --> 01:41:35,64
a park master plan and there's many projects
that could be in vision and as part of

1133
01:41:35,65 --> 01:41:42,41
that could be funded as
community and Hansen's. Bicycle

1134
01:41:42,42 --> 01:41:48,90
Transportation plan based on our bike
master plan and several projects and trails

1135
01:41:49,38 --> 01:41:55,52
that could be funded. And then
we get to our more aspirational

1136
01:41:55,70 --> 01:42:02,53
projects highway eighty five
transit guideway study. While

1137
01:42:03,53 --> 01:42:09,48
the project would be much more expensive
there is thirty five three hundred fifty

1138
01:42:09,49 --> 01:42:12,60
million currently included in
the cemetery County Measure B.

1139
01:42:12,61 --> 01:42:19,46
Program but funding could be used so that
we could bridge any of those gaps or help

1140
01:42:19,47 --> 01:42:26,42
with planning and design
of that project Mountain

1141
01:42:26,43 --> 01:42:32,09
View is. Using their funding to create

1142
01:42:32,13 --> 01:42:38,96
a transit station and so funds could
be used to explore connecting to that

1143
01:42:39,88 --> 01:42:44,34
transit station connecting it
to the Apple Valko area and

1144
01:42:44,35 --> 01:42:48,53
a study like that could cost between
one point five and two million

1145
01:42:51,66 --> 01:42:54,47
and even more aspirational there could be

1146
01:42:54,48 --> 01:43:00,47
a transit study to connect the Stevens
Street corridor to downtown San Jose with

1147
01:43:00,48 --> 01:43:07,20
potential subway system or. A separated
guideway system that would cost between

1148
01:43:07,39 --> 01:43:11,87
the study would cost between one point
five and two million The other thing to

1149
01:43:11,88 --> 01:43:18,40
consider is you can leverage this Robin
you so you can use this revenue to.

1150
01:43:19,49 --> 01:43:24,27
To basically get additional
money to to get a loan

1151
01:43:24,28 --> 01:43:30,95
a municipal loan. And this
chart shows you based on the

1152
01:43:30,96 --> 01:43:35,44
estimated annual revenue
what you can generate in

1153
01:43:35,45 --> 01:43:42,05
a C O P A certificate of participation
and just basically a municipal it's not

1154
01:43:42,06 --> 01:43:48,85
a bond and you would pay the annual
revenue as debt service and the rule of

1155
01:43:48,86 --> 01:43:54,22
thumb is you get about ten times the amount
of your annual contribution if you have

1156
01:43:54,23 --> 01:44:01,01
debt that's long term debt
twenty thirty years so. If you

1157
01:44:01,02 --> 01:44:05,63
do leverage this money venue
can talk about having

1158
01:44:05,67 --> 01:44:11,31
a pot of funding that you could really use
to try to leverage federal federal state

1159
01:44:11,32 --> 01:44:15,89
and regional dollars for some larger
transit projects and how is this different

1160
01:44:15,90 --> 01:44:20,63
from bonding against So the
very first four million so with

1161
01:44:20,64 --> 01:44:25,02
a bond you have to go out to the voters and
get approval for a bond with the C.E.O.

1162
01:44:25,03 --> 01:44:25,51
P.

1163
01:44:25,55 --> 01:44:30,82
You don't nest and you don't have to go out
for the voters you just use the money that

1164
01:44:30,83 --> 01:44:31,67
you're collecting from

1165
01:44:31,68 --> 01:44:36,96
a tax to pay the debt and to basically
secure the debt for that with just one

1166
01:44:36,97 --> 01:44:43,27
selected. So we can we don't have to use
it let's say let's say this passes so

1167
01:44:43,32 --> 01:44:46,51
going with that assumption we don't have
to do it in the very first year it's

1168
01:44:46,52 --> 01:44:50,03
collected so you could say let's say this
four million so we can bank it for three

1169
01:44:50,04 --> 01:44:55,21
hours and then start at that point something
like that yes but but you can't you

1170
01:44:55,22 --> 01:45:00,24
can only bond against what your annual
amount so you can't collect you know three

1171
01:45:00,25 --> 01:45:03,85
years out if you're collecting four
million and then bond against that twelve

1172
01:45:03,86 --> 01:45:09,53
million cars you'll need to pay the twelve
million every year if you bond against

1173
01:45:09,54 --> 01:45:13,99
that you can only bond against your annual
contribution of phone for the C O P C

1174
01:45:14,00 --> 01:45:20,82
and say thank you. The other thing

1175
01:45:21,74 --> 01:45:27,44
that counsel requested is to
understand if we could have

1176
01:45:27,45 --> 01:45:34,24
a tax agreement so we did confirm with
outside counsel that. Counsel may enter into

1177
01:45:34,25 --> 01:45:40,34
tax agreement to refund business license
taxes in exchange for community benefit

1178
01:45:40,35 --> 01:45:46,66
from. A company or for a public
private partnership that is

1179
01:45:46,67 --> 01:45:53,60
a possibility so you also asked us

1180
01:45:54,50 --> 01:46:01,10
on June fifth to do community outreach
and we've had two weeks so very limited

1181
01:46:01,14 --> 01:46:06,63
amount of time to be able to do that
but with that time what we did was we

1182
01:46:07,10 --> 01:46:11,09
continued our discussions with the Chamber
of Commerce to understand their concerns

1183
01:46:11,41 --> 01:46:14,60
we target tried to target
the largest businesses for

1184
01:46:14,61 --> 01:46:20,62
a one on one meetings and. Our economic
development director Angeles way

1185
01:46:21,58 --> 01:46:26,18
really led the effort and kind of for any
of your questions related to that we also

1186
01:46:26,19 --> 01:46:26,54
held

1187
01:46:26,55 --> 01:46:32,77
a business forum on June eighteenth we
tried to advertise as best we could but.

1188
01:46:33,91 --> 01:46:39,21
It was sparsely attended I think because
of the really short timeline we try to do

1189
01:46:39,22 --> 01:46:46,20
our best to get the information out.
And so where was this business for it

1190
01:46:46,21 --> 01:46:53,13
was at the Senior Center Oh OK Well I
know about it now. So I knew about

1191
01:46:53,14 --> 01:47:00,03
it and I read and. They did tell
us. Oh how's the attendance is

1192
01:47:00,04 --> 01:47:06,00
very sparse but I was there to see exactly
what she said I use the word sparse. So

1193
01:47:06,17 --> 01:47:11,64
yes and it was you know we don't have the
luxury of time to to do robust business

1194
01:47:11,65 --> 01:47:18,40
and gauge men at this point. So what
we did hear the nice national feedback

1195
01:47:18,41 --> 01:47:22,76
is from businesses is that the
timeline seems rushed for

1196
01:47:22,77 --> 01:47:28,81
a November twenty eighth teen election there
has not been enough business outreach

1197
01:47:28,81 --> 01:47:35,66
. We we've had you know very
limited time to do that and that

1198
01:47:35,75 --> 01:47:39,94
if this were to be considered that
revenue really should be tied to

1199
01:47:39,95 --> 01:47:41,95
a transportation solution since US

1200
01:47:41,96 --> 01:47:48,14
a problem that council
is trying to address so

1201
01:47:48,74 --> 01:47:55,64
next steps. July third is really
councils last opportunity if you want

1202
01:47:55,65 --> 01:47:57,45
to move this forward to

1203
01:47:57,46 --> 01:48:03,65
a November twenty eighth the ballot language
must be approved to meet the deadline

1204
01:48:04,03 --> 01:48:10,94
at that time council should consider
designating. A member or two of the council to

1205
01:48:10,95 --> 01:48:13,90
work on arguments or rebuttals and have

1206
01:48:13,91 --> 01:48:19,56
a later time council can follow
mountain views lead and not make this

1207
01:48:19,57 --> 01:48:22,64
a specific task make it
a general tax but pass

1208
01:48:22,65 --> 01:48:29,84
a resolution. To give. Give

1209
01:48:29,88 --> 01:48:36,31
the voters an idea of what the expenditure
priorities would be if Council wishes to

1210
01:48:36,32 --> 01:48:39,64
wait until November two thousand and twenty
than staff can certainly go back and

1211
01:48:39,65 --> 01:48:40,06
prepare

1212
01:48:40,07 --> 01:48:47,07
a plan for how we would approach.
Working on this issue for November

1213
01:48:47,08 --> 01:48:51,79
two thousand and twenty. And what that will
take any of your questions Great thank

1214
01:48:51,80 --> 01:48:56,08
you thank you very much Jackie and are
there any further questions from counsel

1215
01:48:56,50 --> 01:49:02,06
before we open this up to Speaker cards.
Member voting often Yes Thank you ma'am.

1216
01:49:04,43 --> 01:49:08,66
You you mentioned Thank you for the
presentation all the outreach so I know it's

1217
01:49:08,67 --> 01:49:08,83
been

1218
01:49:08,84 --> 01:49:14,23
a short time line for you both. Did you
talk about contract workers when you were

1219
01:49:14,28 --> 01:49:21,09
talking about part time. So
contract workers if they are

1220
01:49:21,24 --> 01:49:26,24
if their companies are based outside of the
city then their business is considered

1221
01:49:26,25 --> 01:49:31,73
an out of town business and would not
necessarily be charged to perm play rate

1222
01:49:31,77 --> 01:49:34,73
unless council wanted to do

1223
01:49:34,74 --> 01:49:39,70
a different model where they charged
outside out of town businesses

1224
01:49:39,71 --> 01:49:43,62
a perm play rate we can certainly do
that and for now we only have twenty two

1225
01:49:43,63 --> 01:49:49,55
hundred of those we have twenty two hundred
out of town businesses we don't know

1226
01:49:49,56 --> 01:49:54,93
how many employees are attached to those
twenty two hundred businesses so it's not

1227
01:49:55,24 --> 01:50:00,40
that employee count is not there in our
approximately thirty nine thousand nothink

1228
01:50:00,41 --> 01:50:07,27
you for the. How we address
the. Tree food trucks those

1229
01:50:07,28 --> 01:50:12,82
kind of issues so they'd.
The non brick and mortar.

1230
01:50:14,04 --> 01:50:20,78
So generally they would not have more than
ninety nine employees so they would have

1231
01:50:20,79 --> 01:50:27,41
a flat rate OK so that's plain. And you
mentioned the San Francisco period as

1232
01:50:27,42 --> 01:50:32,17
the discouraged growth whole column did
they have before they discovered that

1233
01:50:32,31 --> 01:50:37,63
decades OK and did live only recently chose
and they've only recently done I think

1234
01:50:37,64 --> 01:50:42,75
in the last five years or so and to come
to the question about the resolution if

1235
01:50:42,76 --> 01:50:43,04
you have

1236
01:50:43,05 --> 01:50:48,53
a general tax measure how binding is
that resolution so it's binding on your

1237
01:50:48,54 --> 01:50:55,23
council until you the Council votes
to change it. Or any future Council

1238
01:50:55,52 --> 01:51:00,74
or any future Council thank you the last
question is for Angela and so if you go to

1239
01:51:00,75 --> 01:51:06,99
Lowe's how many businesses responded to
your outreach on the one on one we were

1240
01:51:07,00 --> 01:51:13,94
able to have approximately three
meetings. Or meetings with

1241
01:51:14,03 --> 01:51:19,76
three of the larger employers however I
did reach out there is approximately

1242
01:51:20,76 --> 01:51:26,39
eight that I reached out to Fortunately
due to timing and scheduling we weren't

1243
01:51:26,40 --> 01:51:32,60
able to meet with all of them we couldn't
do the employer survey the scene be using

1244
01:51:32,61 --> 01:51:38,62
the form be used for the residence of
the. We wouldn't have had enough time to

1245
01:51:39,54 --> 01:51:46,40
to finalize. The questions we were hoping
to partner with the Chamber of Commerce

1246
01:51:46,41 --> 01:51:52,67
on that we would have had time to come to
agreement on the questions get the pull

1247
01:51:52,68 --> 01:51:59,50
out there get the responses and have that
information for you today and again some

1248
01:51:59,51 --> 01:52:04,49
of the challenge would be who would be the
contact person for especially for the

1249
01:52:04,50 --> 01:52:08,40
larger companies many times that someone
in their finance department that is.

1250
01:52:09,46 --> 01:52:13,84
Applying for the business license and
that person may not necessarily be the

1251
01:52:13,85 --> 01:52:18,45
decision maker or someone who can provide
feedback to us so that was our challenge

1252
01:52:18,82 --> 01:52:24,75
in regards to finding that population of
who would who we would be able to contact

1253
01:52:25,73 --> 01:52:28,90
Thank you those are my questions for now
very good thank you council member body

1254
01:52:28,91 --> 01:52:34,89
nothing else mother change. So
we go for the general purpose

1255
01:52:35,86 --> 01:52:42,52
the council's deal can decide which item
they want to and OK the money or not

1256
01:52:42,81 --> 01:52:49,43
that can be in the future can so they
can be really constrained to just

1257
01:52:49,44 --> 01:52:56,09
item for the transportation they don't have
to be. That's correct so under general

1258
01:52:56,10 --> 01:53:02,99
tax the way that the funding would be stand
as is your decision at every budget so

1259
01:53:03,00 --> 01:53:08,49
just like all the revenues in the city are
general revenues Council decides during

1260
01:53:08,50 --> 01:53:13,45
the budgetary process how those funds are
allocated here then the next question is

1261
01:53:14,41 --> 01:53:21,29
for the revenue generated if we
go forward they are. The largest

1262
01:53:21,30 --> 01:53:25,67
one you have thirty to thirty two
million dollars a year than the C.E.O.

1263
01:53:25,68 --> 01:53:28,97
Pay you can guess who only
twenty five million dollars is

1264
01:53:28,98 --> 01:53:32,98
a loan that's. It's a like

1265
01:53:32,99 --> 01:53:36,84
a bond to debt service so you would be
pledging your annual income from the

1266
01:53:36,85 --> 01:53:41,96
business license tax for long so your
businesses tax would be part of the payment

1267
01:53:41,97 --> 01:53:47,76
for those no yes entirely imperative for
the did and then to of whatever then then

1268
01:53:47,77 --> 01:53:54,76
the right of the law. OK And then there's
no limit or way he we can get more

1269
01:53:54,78 --> 01:53:58,17
we can get more right.
Well it's really just

1270
01:53:58,19 --> 01:54:04,32
a temporary tax bill ten ten ten times then
the revenue. Right so your general rule

1271
01:54:04,33 --> 01:54:09,40
of thumb is about ten times their annual
revenue and that's not considering he we

1272
01:54:09,41 --> 01:54:14,12
have the infrastructure done that's not
considering the revenue we have for the

1273
01:54:14,13 --> 01:54:18,07
transportation system right more than just
the revenue you get from the from the

1274
01:54:18,56 --> 01:54:23,68
compound interest on the taxes for example
if we provide the shuttle bus service

1275
01:54:23,69 --> 01:54:29,07
and they will charge you know very more and
then we still can have those operations

1276
01:54:29,11 --> 01:54:33,68
we probably have some benefit or some
revenue from that we presume I would be

1277
01:54:33,69 --> 01:54:35,72
revenue to build up he's never would have

1278
01:54:36,72 --> 01:54:42,43
a dish in the Titian to our revenue for the
See here OK thank you thank you Hell's

1279
01:54:42,44 --> 01:54:46,82
munching customer sharpening
questions. Well that's a little

1280
01:54:46,90 --> 01:54:52,70
a little unrelated to the business license
tax I just wondered how many companies

1281
01:54:52,71 --> 01:54:59,45
in Cupertino does Cupertino.
Pay back sales tax revenue two

1282
01:54:59,67 --> 01:55:04,76
two two two two now OK And what is the
amount that we pay those businesses.

1283
01:55:06,52 --> 01:55:12,49
Annually at boards of six or seven
million six or seven million OK

1284
01:55:13,24 --> 01:55:20,13
Well our thank you but I don't have
questions. I'll go ahead and open it up to

1285
01:55:20,17 --> 01:55:26,18
public commentary our first three speakers
are Edward Hirschfield Leon child and

1286
01:55:26,22 --> 01:55:32,96
Dan Costin better. At her she'll I live in

1287
01:55:32,97 --> 01:55:39,45
Cupertino in the same house for fifty
five years. This seems like an apples

1288
01:55:39,46 --> 01:55:43,63
tax looking at the numbers
and it seems to me that

1289
01:55:43,64 --> 01:55:49,51
a big company like Apple has the facility
to move employees from one city to

1290
01:55:49,52 --> 01:55:54,22
another I mean they have another
big location down the road in.

1291
01:55:55,73 --> 01:56:02,57
Facilities all over the country and I
think that if what the city plans to

1292
01:56:02,58 --> 01:56:08,47
do it ends up doing is viewed by them
as repressive or non competitive.

1293
01:56:09,59 --> 01:56:16,38
It could turn out to be. A really
difficult consequence to bear

1294
01:56:17,37 --> 01:56:19,42
so even though the company is

1295
01:56:19,43 --> 01:56:26,22
a trillion dollar company you know thirty
million dollars. My views not going to be

1296
01:56:26,23 --> 01:56:33,16
taken lightly and I I think that in
discussions with Apple because they're

1297
01:56:33,17 --> 01:56:40,13
really our biggest company and dominate the
city and Garmin so far as I can see we

1298
01:56:40,14 --> 01:56:46,86
have to be very sensitive to how this will
affect their future business. And you

1299
01:56:46,87 --> 01:56:53,01
very very careful I would not charge any
more taxes than we feel we absolutely need

1300
01:56:53,47 --> 01:56:58,36
I'm surprised we're doing this now because
I'm not aware of the fact that the city

1301
01:56:58,61 --> 01:57:04,83
is needy right now I mean maybe down the
road the world become more needy but.

1302
01:57:06,71 --> 01:57:06,89
I'm

1303
01:57:06,90 --> 01:57:14,14
a little bit dismayed by this and I would
counsel caution thank you thank you our

1304
01:57:14,15 --> 01:57:20,26
next three speakers are lunch hour Dan
custom barter and Conny Cunningham welcome

1305
01:57:21,71 --> 01:57:28,41
I am Paul and council members as Cupertino
residents we support our business

1306
01:57:28,42 --> 01:57:34,53
community is especially spacious small
businesses serve in our daily lives daily

1307
01:57:34,54 --> 01:57:41,07
needs as the wider area has an
imbalance of jobs and housing we do

1308
01:57:41,08 --> 01:57:47,63
face challenges in traffic congestion and
the rising housing prices the cost of

1309
01:57:47,64 --> 01:57:51,57
more traffic infrastructure
more sympathized the P.L.O.

1310
01:57:51,58 --> 01:57:58,31
Market rate how seeing more civil services
all fall into the shoulders of local

1311
01:57:58,32 --> 01:58:04,58
residents to support sustainable
growth we do need our businesses to

1312
01:58:04,59 --> 01:58:11,21
a country be able to help mitigate the
impact. So I support the general idea of all

1313
01:58:11,51 --> 01:58:14,43
of asking the business to pay

1314
01:58:14,44 --> 01:58:21,14
a fair share but it has to be
fair if we charge. For that tax

1315
01:58:21,39 --> 01:58:27,69
we need to protect our small businesses
with already very low marching and perhaps

1316
01:58:27,90 --> 01:58:29,36
apparel tax as

1317
01:58:29,37 --> 01:58:35,98
a percentage of cell arrays and only high
only pecks those high income earners

1318
01:58:37,60 --> 01:58:44,36
we also need to consider Texas charge that
by other cities are we comparable with

1319
01:58:44,40 --> 01:58:50,67
others duties I don't see much the right
now and the extra funding from this you

1320
01:58:50,68 --> 01:58:56,54
know business tax should go to either
transportation or for the poor housing so

1321
01:58:56,55 --> 01:59:02,79
that the text from business benefits the
best in this business environments not.

1322
01:59:04,91 --> 01:59:10,62
This survey for residents who are sent out
before these issues even discussed by

1323
01:59:10,63 --> 01:59:16,94
the city council So this whole
process. Was really rushed now

1324
01:59:17,26 --> 01:59:22,33
even the businesses do not have time to
weigh in yet and we have no study to

1325
01:59:22,34 --> 01:59:27,76
compare the overall cost of doing business
in Cupertino ways to other cities where

1326
01:59:27,77 --> 01:59:33,76
you need those data in order to make better
decisions thank you. Thank you our next

1327
01:59:33,77 --> 01:59:38,73
speaker is Dan Causton Bauder followed
by Condi Cunningham and Jennifer Griffin

1328
01:59:39,15 --> 01:59:43,54
welcome Dan thank you Mr Mayor members of
the city council I'm the vice president

1329
01:59:43,55 --> 01:59:47,37
for tax policy at the Silicon Valley
Leadership Group Leadership group's got about

1330
01:59:47,38 --> 01:59:50,45
three hundred fifty members
many companies also

1331
01:59:50,46 --> 01:59:57,06
a lot of other organizations hospitals
and universities. We oppose the

1332
01:59:57,07 --> 02:00:03,80
approach that the council is seems to be
going down at this point the leadership

1333
02:00:03,81 --> 02:00:08,88
group has criteria that we use for evaluating
local taxes and we really like to see

1334
02:00:08,89 --> 02:00:15,46
any new taxes are imposed on businesses to
be very specific and identified and have

1335
02:00:15,47 --> 02:00:18,49
identifiable purposes and this is

1336
02:00:18,50 --> 02:00:24,02
a general tax rather than specific We also
like to see cap so that no one was Will

1337
02:00:24,11 --> 02:00:30,63
tax payer is. A burden done dualie
And in addition this particular

1338
02:00:30,64 --> 02:00:35,94
taxes a tax on headcount on jobs
and if economic development is

1339
02:00:35,95 --> 02:00:40,92
a goal which it usually is in most cities
taxing jobs in employers for creating

1340
02:00:40,93 --> 02:00:42,96
jobs in the city is really

1341
02:00:43,00 --> 02:00:49,74
a counterproductive possibility for the
for the city and in the long run it can

1342
02:00:49,75 --> 02:00:55,42
definitely affect the you know decisions
of employers to grow in the city and to

1343
02:00:55,43 --> 02:01:00,59
remain in the city if they're already here
and so the consequences of having that

1344
02:01:00,60 --> 02:01:04,93
employers leaving are not growing in that
city can be very detrimental in the long

1345
02:01:04,94 --> 02:01:08,93
term I think you can ask any question only

1346
02:01:08,94 --> 02:01:12,28
a question from council
member Chang Dan C.

1347
02:01:12,29 --> 02:01:19,02
Come many who. Are you guys. I'm

1348
02:01:19,13 --> 02:01:24,78
not supporting India. The solution for that
for the transportation for the traffic

1349
02:01:24,79 --> 02:01:29,30
issue we have now because I heard you
guys mention about the traffic is

1350
02:01:29,31 --> 02:01:35,58
a huge issue new transportation is so bad
in this region here and also the housing

1351
02:01:35,75 --> 02:01:40,80
to most important issue but I'm
surprising to my surprise in your C.

1352
02:01:40,81 --> 02:01:43,15
Home value leadership rule
taking a stand against

1353
02:01:44,03 --> 02:01:49,98
a tax on the on the employer because it
is in my opinion the employ him poor

1354
02:01:49,99 --> 02:01:56,42
employer should pay their fair sear when
for example Cupertino during the during

1355
02:01:56,43 --> 02:02:01,59
the the deal we can raise the news about
sixty four thousand people but during the

1356
02:02:01,63 --> 02:02:06,11
weekdays one hundred two hundred eighty
thousand people who are those people coming

1357
02:02:06,12 --> 02:02:10,68
from those of those Deewar could come in
to continue to work and they will help in

1358
02:02:10,69 --> 02:02:16,07
creating the trappy problem we are
facing it in my view I mean my opinion I

1359
02:02:16,08 --> 02:02:19,85
strongly believe that they should pay their
fair share Don't you agree I mean you

1360
02:02:19,86 --> 02:02:24,23
don't agree with it up I'm surprised I
mean city come Barry leadership who was

1361
02:02:24,24 --> 02:02:30,77
advocating Cydia saw. You know want to
help solve help solve the problem of the

1362
02:02:30,78 --> 02:02:35,34
traffic and then also the house and each
but you're not willing to come up with the

1363
02:02:35,58 --> 02:02:40,15
resources to help but three three quick
responses number one Silicon Valley

1364
02:02:40,16 --> 02:02:44,59
Leadership Group has been one of the
champions for transportation solutions and

1365
02:02:44,60 --> 02:02:48,25
providing great leadership on many ballot
measures over the years so we have been

1366
02:02:48,26 --> 02:02:54,25
as strong supporter of transportation
solutions as you might want with regard to

1367
02:02:54,26 --> 02:02:56,11
fair share fair is

1368
02:02:56,12 --> 02:03:01,06
a word that I'm not quite sure I understand
that it's hard to quantify and in this

1369
02:03:01,07 --> 02:03:05,66
particular regard the
proposal is not to provide

1370
02:03:05,67 --> 02:03:09,05
a specific transportation
solution if the if there were

1371
02:03:09,06 --> 02:03:10,80
a specific proposal to provide

1372
02:03:10,81 --> 02:03:15,24
a transportation solution the leadership
group would would certainly evaluate that

1373
02:03:15,25 --> 02:03:18,11
on its merits but at this point
the proposal seems to be

1374
02:03:18,12 --> 02:03:23,70
a general fund proposal rather than
anything that specifically allocated and

1375
02:03:24,12 --> 02:03:27,20
committed to transportation
solutions so that's

1376
02:03:27,21 --> 02:03:33,10
a reason for our concern and opposition at
this point for thank you. Thank you very

1377
02:03:33,11 --> 02:03:39,28
much Dan Our next speaker is Conny honey
ham followed by Jennifer Griffin and Kitty

1378
02:03:39,29 --> 02:03:44,46
Moore welcome Conny. I'm
Connie Cunningham I'm

1379
02:03:44,47 --> 02:03:50,57
a thirty one year compared to your resident
and I'm here to speak in favor of the

1380
02:03:51,21 --> 02:03:58,07
proposed business license
tax. I specifically. Find the

1381
02:03:58,08 --> 02:04:03,48
employee count model that can be
implemented sooner rather than later.

1382
02:04:06,05 --> 02:04:12,84
Recently. Turned down. Amount of
money just proposed just to continue

1383
02:04:12,85 --> 02:04:19,46
funding a study for the eighty five like
real proposal we may not be poor as

1384
02:04:19,47 --> 02:04:20,39
a city but as

1385
02:04:20,40 --> 02:04:27,18
a region we are not supported by state
or county resources for our transit

1386
02:04:28,10 --> 02:04:33,91
therefore I think that in addition
to that since business has

1387
02:04:33,92 --> 02:04:38,89
a role to play in all of our problems
not just trance it but housing has

1388
02:04:38,90 --> 02:04:41,47
a role to play not the
whole role but they have

1389
02:04:41,48 --> 02:04:47,52
a role to play in helping us solve these
transit problems and I think that now is

1390
02:04:47,53 --> 02:04:52,54
the time to do it rather than later we've
known since two thousand and twelve when

1391
02:04:52,55 --> 02:04:57,12
Apple was approved to be built that there
were going to be traffic problems this

1392
02:04:57,13 --> 02:05:01,73
isn't new to the council it's not new to
the businesses in this area it's not new

1393
02:05:01,74 --> 02:05:08,42
to the residence. Other solutions could
have been proposed public partnerships with

1394
02:05:08,43 --> 02:05:14,66
private enterprises and so forth I think
we probably all didn't realize how bad it

1395
02:05:14,67 --> 02:05:21,21
was going to get but it's bad and with
our new employees continuing to come in

1396
02:05:21,22 --> 02:05:25,61
there's going to be more there's going to
be more housing then it's time and the

1397
02:05:25,62 --> 02:05:31,62
time is now. When you when you brought
up the issue of the twenty five hundred

1398
02:05:31,86 --> 02:05:36,96
employee erst that are out of town but they
play people in town and whether to tax

1399
02:05:36,97 --> 02:05:41,23
those people in town I guess I'm thinking
you should otherwise everybody moves out

1400
02:05:41,48 --> 02:05:44,92
and just sends their employees and it
doesn't seem like that it seemed like that

1401
02:05:44,93 --> 02:05:46,93
would be easy to work
around in a hurry for

1402
02:05:46,98 --> 02:05:53,07
a number of employers not all so anyway
I'm in favor I know that you are all

1403
02:05:53,81 --> 02:06:00,67
have. The businesses and us have
the. Interests of the sea and heart

1404
02:06:00,71 --> 02:06:02,88
and so I expect that we'll be able to find

1405
02:06:02,89 --> 02:06:09,88
a solution to this using this tax measure.
And to do it as soon as we possibly can

1406
02:06:10,26 --> 02:06:15,34
thank you thank you Connie Our next speaker
is Jennifer Griffin followed by Q.B.

1407
02:06:15,35 --> 02:06:18,31
More followed by Andrew
Walters Welcome Jennifer.

1408
02:06:23,54 --> 02:06:27,65
Good evening city council Hi I'm Jennifer
Griffin I did attend attend the study

1409
02:06:27,66 --> 02:06:28,92
session on the site M.

1410
02:06:29,30 --> 02:06:33,45
And I will tell you I am really glad and
relieved to hear that the citizens of

1411
02:06:33,46 --> 02:06:38,15
puberty no make it to vote on this we
have not been able to vote on some of the

1412
02:06:38,16 --> 02:06:43,19
housing things that have been rolled out
recently in this state but I am really

1413
02:06:43,20 --> 02:06:47,65
glad that we get to vote on something
like this in Cupertino so bring on the

1414
02:06:47,66 --> 02:06:52,54
election whenever you want to have it
last time I brought up the point and all

1415
02:06:52,55 --> 02:06:58,73
elaborate on some more of this in that we
have Santa say our dear beloved city next

1416
02:06:58,74 --> 02:07:04,58
door is rolling out their urban villages
and they are seriously affecting the

1417
02:07:04,59 --> 02:07:10,93
borders of Cupertino that borders San
Jose I spoke before about the stern Hotel

1418
02:07:10,94 --> 02:07:16,58
which is that the eastern end Stevens
Creek Boulevard I believe that Cupertino

1419
02:07:16,62 --> 02:07:20,99
should be able to get funds from send as
they sent send as they as leveraging these

1420
02:07:21,00 --> 02:07:26,38
taxes that we should get our fair share
from that hotel if they want to build it

1421
02:07:26,57 --> 02:07:33,12
because they are messing up our road
infrastructure so I have the information met

1422
02:07:33,13 --> 02:07:38,76
Santa say is rolling out the south to the
boulevard urban village first for Stevens

1423
02:07:38,80 --> 02:07:44,94
for the Bill of art which would be Bowl
injure and Stevens Creek south I mean Bowl

1424
02:07:44,95 --> 02:07:50,83
insurer and danceable of our south down
to Prospect and that is co-joined land of

1425
02:07:50,84 --> 02:07:57,65
Cupertino and sand as they all mixed
up all over the place so. This

1426
02:07:57,66 --> 02:08:04,39
means that. Because Santa say is rolling
out their self danceable of our urban

1427
02:08:04,40 --> 02:08:08,51
village this will mean that there will be
buildings up to ten stories next door to

1428
02:08:08,52 --> 02:08:14,43
Cupertino properties commercial and retail
the roll out of this high density urban

1429
02:08:14,44 --> 02:08:19,21
village along danceable of art will mean
increased traffic and road load on V.M.S.

1430
02:08:19,22 --> 02:08:24,64
a Bill of art Cupertino uses these roads
to San Jose should have to pay Cupertino

1431
02:08:24,80 --> 02:08:29,100
for the taxes that they send as they collect
from these high density Sanna's they

1432
02:08:30,01 --> 02:08:34,44
buildings that are adjacent to Cupertino
buildings and properties these high

1433
02:08:34,45 --> 02:08:39,57
density buildings in Santa Fe will employ
more people in San Jose and will produce

1434
02:08:39,58 --> 02:08:45,48
more traffic and congestion and road where
the Bill of arch which Cupertino uses to

1435
02:08:45,79 --> 02:08:52,02
I'd say work in every angle the borders
Cupertino has borders about five to six

1436
02:08:52,03 --> 02:08:53,29
cities San is

1437
02:08:53,30 --> 02:08:59,52
a has large borders with Santa say we
need to work the system as much as we can

1438
02:08:59,71 --> 02:09:05,00
Santa say is potentially contributing to
wear and load on our roads they want to

1439
02:09:05,01 --> 02:09:08,42
build two hotels where the
chaperons are on bark out

1440
02:09:08,43 --> 02:09:15,24
a new and by DAC up. Hey let's
go after the money. You know us

1441
02:09:15,25 --> 02:09:21,49
people on the borders matter to thank you
thank you Jennifer Our next speaker is

1442
02:09:21,50 --> 02:09:25,98
Kitty Moore followed by Andrew Walters and
at this point that is the last hour that

1443
02:09:25,99 --> 02:09:31,78
I have welcome Kitty that evening city
council I oppose the head tax I think it's

1444
02:09:31,79 --> 02:09:37,13
odd that we're discussing this when very
Chang and talked about how you basically

1445
02:09:37,14 --> 02:09:43,82
wrestled Apple to increase their tax from
fifty to sixty five percent why are we

1446
02:09:43,86 --> 02:09:46,91
not getting to one hundred percent
why are they still getting

1447
02:09:46,92 --> 02:09:51,88
a discount and why are we having this
discussion. I want to bring up Valko S B

1448
02:09:51,89 --> 02:09:56,63
thirty five if you say nothing about the
noncompliance issue and it passes they

1449
02:09:56,67 --> 02:09:57,36
currently have

1450
02:09:57,37 --> 02:10:04,07
a transit hub at Valko and that transit
hub goes away. With BALCO S B thirty

1451
02:10:04,08 --> 02:10:09,62
five it's you so you're losing a really
important resource there it's used as

1452
02:10:09,63 --> 02:10:15,44
a park and ride. Gin and tech uses it I
believe Google is also using it I don't

1453
02:10:15,45 --> 02:10:20,69
know who else but you're actually making
the situation worse with not saying the

1454
02:10:20,70 --> 02:10:24,26
noncompliance Malcolm X B thirty five
as one point one million square feet of

1455
02:10:24,27 --> 02:10:29,03
office at somewhere around seven to eleven
thousand employees that would get to be

1456
02:10:29,04 --> 02:10:34,08
there the office is expired the office
allocation expired May thirty first you're

1457
02:10:34,09 --> 02:10:39,14
supposed to be having hearings about whether
or not to have that office return and

1458
02:10:39,15 --> 02:10:39,37
that's

1459
02:10:39,38 --> 02:10:45,76
a decision that's going to you know worsen
our traffic the elephant in the room is

1460
02:10:45,77 --> 02:10:46,47
that a T.D.M.

1461
02:10:46,48 --> 02:10:52,20
Is required for the specific plan for
Valko. If you take money from Apple you're

1462
02:10:52,21 --> 02:10:56,91
basically helping Valko to have the office
space because they would have to you

1463
02:10:56,92 --> 02:11:00,37
given that electric shuttle right when
you're helping solve their T.D.M.

1464
02:11:00,38 --> 02:11:06,05
Problem. Apple has already provided

1465
02:11:06,36 --> 02:11:09,91
a very fancy shuttle system which costs
them between twelve thousand and fifteen

1466
02:11:09,92 --> 02:11:13,80
thousand a year per employee
they did an extensive T.D.M.

1467
02:11:13,81 --> 02:11:17,75
Plan with sticks and if they're non-compliant
they have improved infrastructure

1468
02:11:17,76 --> 02:11:21,77
including several million dollars for a
recycled water line and they created

1469
02:11:21,78 --> 02:11:26,58
a world class architectural jewel which
brings global visitors who stay in our

1470
02:11:26,59 --> 02:11:31,17
hotels they get taxed for doing that they
eat at our restaurants they buy their

1471
02:11:31,18 --> 02:11:37,62
products and generate more tax. They
improved the eye to eighty volt interchange.

1472
02:11:38,73 --> 02:11:43,85
And I do not think they need to be punished
further and specifically like this this

1473
02:11:43,86 --> 02:11:49,17
statement stood over Apple's going to leave
us if apple leaves us that structure

1474
02:11:49,32 --> 02:11:54,28
that the space ship alone has twelve thousand
employees in it it's whoever comes in

1475
02:11:54,29 --> 02:12:00,05
there is going to get hit with the same tax
so I also don't think that you're going

1476
02:12:00,06 --> 02:12:05,57
to have somebody somehow get out of paying
you know if you make it up to fifteen

1477
02:12:05,58 --> 02:12:10,77
hundred dollars per employee it's over
one thousand five hundred employees that

1478
02:12:10,81 --> 02:12:16,80
that's the cutoff line that single structure
is not going to be parsed out. To have

1479
02:12:16,81 --> 02:12:21,04
you know like seven different companies
in there so they can avoid your tax so I

1480
02:12:21,05 --> 02:12:24,60
don't agree with that argument in the end
I don't think you should be taking apples

1481
02:12:24,61 --> 02:12:28,07
money to help the BALCO
developer Thank You Can I ask

1482
02:12:28,08 --> 02:12:33,59
a question question for for kitty
so you don't think of the B.

1483
02:12:33,60 --> 02:12:39,29
Corp should do their share details solving
the problem we have no. I think that you

1484
02:12:39,30 --> 02:12:42,49
need to wrestle that beast
and get their taxes from

1485
02:12:42,50 --> 02:12:48,16
a sixty five percent discount to one hundred
percent and I think you can do that. I

1486
02:12:48,17 --> 02:12:52,91
knew done right but I don't get there I
don't get two more Council to support me in

1487
02:12:52,92 --> 02:12:57,29
the time so sorry cannot do it I did
thirty five percent pretty good at thirty

1488
02:12:57,30 --> 02:13:02,02
percent pretty good try again and again
because this is all going to this is all

1489
02:13:02,03 --> 02:13:05,76
going to get in the news now if you know
the reason it's already Sunday at the bell

1490
02:13:05,77 --> 02:13:09,97
when the women the next time he's on to
develop an agreement is coming up then you

1491
02:13:09,98 --> 02:13:14,16
can negotiate on that and that is that
there's nothing you can do about the twenty

1492
02:13:14,17 --> 02:13:19,91
five year. OK Well thank you very much
I do appreciate it our next speaker is

1493
02:13:19,92 --> 02:13:25,17
Andrew Walters followed by General Van
Zorn who is the current last speaker card

1494
02:13:25,21 --> 02:13:29,70
that I have welcome Andrew thank you very
much Mayor and fellow council members

1495
02:13:29,75 --> 02:13:33,72
appreciate your time tonight we believe
more can and should be done about

1496
02:13:33,73 --> 02:13:40,39
transportation we strongly support improved
transportation that will enhance the

1497
02:13:40,40 --> 02:13:46,87
connectivity between San Jose Sunnyvale
Mountain View and I believe that from our

1498
02:13:46,88 --> 02:13:51,23
perspective we want to work with the council
in the city staff and coming up with

1499
02:13:51,24 --> 02:13:54,67
a plan that we can all
support and that involves

1500
02:13:54,68 --> 02:13:59,59
a regional solution we don't believe that
we should move forward today on what is

1501
02:13:59,60 --> 02:14:04,21
currently proposed we do believe that we
can work better with city staff we tried

1502
02:14:04,22 --> 02:14:07,71
so hard to get people to come to the event
and even I couldn't go because I had

1503
02:14:07,72 --> 02:14:09,90
a conflict that was pre-arranged
in a trust me I care

1504
02:14:09,91 --> 02:14:14,26
a lot so I think from our perspective
we want to take time to devise

1505
02:14:14,27 --> 02:14:18,66
a properly devised plan which will provide

1506
02:14:18,67 --> 02:14:25,66
a real solution for community. If we
move too fast and we're not careful in

1507
02:14:25,67 --> 02:14:31,35
what we do we can have significant unintended
consequences I join with the fellow

1508
02:14:31,39 --> 02:14:35,30
people in the audience if I get everybody
stand up to bullies we should wait

1509
02:14:36,03 --> 02:14:41,43
everybody stand up to bullies we should
wait for us to think about this and come up

1510
02:14:41,44 --> 02:14:41,60
with

1511
02:14:41,61 --> 02:14:48,21
a plan that we can all work together on I
truly appreciate it. With that I'll leave

1512
02:14:48,22 --> 02:14:53,68
it open to questions. And questions for
the speaker because member vote enough to

1513
02:14:53,69 --> 02:14:59,46
thank you so the new. Plan how long do you
think that the take and who is going to

1514
02:14:59,47 --> 02:15:03,82
be the participants So the president has
to be the city has to be other regional

1515
02:15:03,83 --> 02:15:06,35
partners such as the city's side center is

1516
02:15:06,36 --> 02:15:09,59
a in Mountain View and others
in the region so it can lead

1517
02:15:09,60 --> 02:15:14,13
a group would be another great partner to
bring to the table and we believe that

1518
02:15:14,14 --> 02:15:16,34
our business community is ready to work on

1519
02:15:16,35 --> 02:15:20,55
a solution now so that's the difference if
you remember back when we first started

1520
02:15:20,93 --> 02:15:25,46
earlier in the year we put transportation
as one of the chambers top priorities for

1521
02:15:25,47 --> 02:15:27,46
the year we've been working on

1522
02:15:27,47 --> 02:15:32,93
a plan to unveil what we want to be able
to work with the staff and the council and

1523
02:15:32,94 --> 02:15:33,53
coming up with

1524
02:15:33,54 --> 02:15:38,71
a plan bringing in the community get the
community input bring in the employers do

1525
02:15:38,72 --> 02:15:43,09
surveys so we can understand what the
employers will actually use once we do that I

1526
02:15:43,10 --> 02:15:47,63
believe that we can have a great plan so
tiny I think it's worth about a year to

1527
02:15:47,64 --> 02:15:51,20
a year and a half to get all that
done including getting a Koli cost

1528
02:15:51,21 --> 02:15:56,56
a project where that we can go to the
voters and go to the community go to

1529
02:15:56,81 --> 02:16:00,23
a public private partnership in
order to fund so a year year and

1530
02:16:00,24 --> 02:16:04,32
a half as your timeline which will get us
to just about twenty beginning of early

1531
02:16:04,33 --> 02:16:08,16
twenty twenty right it will not the latest
from twenty twenty and allow us to work

1532
02:16:08,17 --> 02:16:10,01
really effectively with
staff to come up with

1533
02:16:10,02 --> 02:16:14,78
a plan that we can all be happy thank you.
Thank you council member voting nothing

1534
02:16:14,82 --> 02:16:20,76
else member change of questions and to yes
this is not rush at all this is men been

1535
02:16:20,77 --> 02:16:25,03
two years when I was the mayor I was
suppose in one thousand down to employ

1536
02:16:25,04 --> 02:16:28,02
a Texan employed tax to use

1537
02:16:28,03 --> 02:16:34,41
a go. There's no no other council was
supported at the time so if it died down

1538
02:16:35,10 --> 02:16:40,47
you want to wait you wait another two year
another four year you think the traffic

1539
02:16:40,66 --> 02:16:45,88
congestion will get better without doing
anything and if you're expecting the BTA

1540
02:16:45,89 --> 02:16:51,43
to do something forget about why I'm so
not happy with City homebody leaders you

1541
02:16:51,47 --> 02:16:58,24
will go deal proposed all the tax on
the general on the IT IS NOT FAIR you

1542
02:16:58,25 --> 02:17:02,97
just charge to defeat the regular people
now you want to go through the the debris

1543
02:17:03,19 --> 02:17:06,61
you had to pay and I got one thousand
of them and give you a holder

1544
02:17:06,62 --> 02:17:10,40
a people come people all medium
income people here to pay

1545
02:17:10,41 --> 02:17:13,11
a lot and because
peroration the mic in such

1546
02:17:13,12 --> 02:17:18,24
a good profit making the big money in
India contributing to that to the traffic

1547
02:17:18,25 --> 02:17:24,17
congestion we have now and then from the
business point of view I'm in I Am A small

1548
02:17:24,18 --> 02:17:30,15
businesses here I know that you have to
do your fair share everybody you cannot

1549
02:17:30,16 --> 02:17:31,94
just charge in the owner

1550
02:17:31,95 --> 02:17:37,32
a people and ask them to pay more and more
and to appoint the low income people get

1551
02:17:37,33 --> 02:17:42,17
annoying they cannot go anywhere. To appoint
many you have to pay we have to pay

1552
02:17:42,18 --> 02:17:48,66
for their even to get on the highway to
eighty or Highway eighty five which is not

1553
02:17:48,67 --> 02:17:50,37
fair council or a chain please ask

1554
02:17:50,38 --> 02:17:56,86
a question if you are. My question doesn't
do you guy for India the fairness or

1555
02:17:56,87 --> 02:18:01,81
not and in the best of the point of view
I'm sorry repeat the question again it did

1556
02:18:01,83 --> 02:18:06,89
the the Chamber of Commerce is for the
fairness or not. We are for fairness and

1557
02:18:06,90 --> 02:18:11,35
what fairness means is there not everybody
to be there for your share Yeah we have

1558
02:18:11,36 --> 02:18:12,84
time to work together to come up with

1559
02:18:12,85 --> 02:18:18,13
a plan that will benefit everybody so let
me let me take one point OK here today

1560
02:18:18,55 --> 02:18:22,89
people don't use our public transportation
system why because it doesn't get people

1561
02:18:22,90 --> 02:18:27,26
there faster than what if they drive their
cars so that causes the congestion in

1562
02:18:27,27 --> 02:18:31,31
our streets why not work with the businesses
to develop something that they will

1563
02:18:31,32 --> 02:18:36,65
actually use help them save money and there
are some costs that we just some other

1564
02:18:36,79 --> 02:18:40,56
members in the audience that talked about
this we care deeply about Apple in this

1565
02:18:40,57 --> 02:18:44,93
community we care deeply about others
in the community we want to create an

1566
02:18:44,94 --> 02:18:49,29
environment where we can get people to
their jobs and to their homes quickly and

1567
02:18:49,30 --> 02:18:55,96
efficiently right. I'm I'm by my
merits and suction them stick on the

1568
02:18:56,26 --> 02:19:00,90
stick it to the questions so I have more
calm and I would do it at the right

1569
02:19:01,17 --> 02:19:05,15
because of our business thank you customers
are fewer than questions of the speaker

1570
02:19:05,64 --> 02:19:10,94
know our thank you very much and Rinke you
very much I really appreciate it. Our

1571
02:19:10,95 --> 02:19:14,51
last and final speaker card is from
Janet Van Doren welcome Janet.

1572
02:19:20,14 --> 02:19:26,60
As you know this is not one of my main
topics of study and concern but it seems to

1573
02:19:26,62 --> 02:19:27,96
me that we have to find

1574
02:19:27,96 --> 02:19:33,67
a way to deal with the transportation issues
here and I think that we need to look

1575
02:19:33,69 --> 02:19:37,55
into. Requiring this kind of

1576
02:19:37,56 --> 02:19:44,42
a tax we also need to find out more
about what the previous. Person just

1577
02:19:44,43 --> 02:19:49,77
said and what what ideas they have
but in any rate we need to find

1578
02:19:49,78 --> 02:19:51,50
a solution we need to have

1579
02:19:51,51 --> 02:19:58,02
a way to generate the monies to do what's
necessary with transportation if you do

1580
02:19:58,03 --> 02:20:04,53
this tax I'd like to suggest that it be
earmarked for transportation because if

1581
02:20:04,54 --> 02:20:05,10
it's just

1582
02:20:05,14 --> 02:20:10,52
a general fund kind of thing then whoever's
trying of run this transportation

1583
02:20:10,53 --> 02:20:14,89
system whatever it is that gets worked out
they won't know from year to year how

1584
02:20:14,90 --> 02:20:18,92
much money they're dealing with and that's
a horrible way to run a business it's

1585
02:20:18,93 --> 02:20:19,86
a horrible way to run

1586
02:20:19,87 --> 02:20:25,90
a transportation system it would seem to
me so I think that the monies we need to

1587
02:20:25,91 --> 02:20:26,42
find out

1588
02:20:26,43 --> 02:20:31,85
a way to raise them and that they have to
be earmarked for transportation thank you

1589
02:20:32,36 --> 02:20:36,79
and I can ask question from Kelso mother
Chang stick with the question do you think

1590
02:20:36,80 --> 02:20:37,09
we have

1591
02:20:37,10 --> 02:20:42,85
a problem with the traffic no or no absolutely
do you think it will get better with

1592
02:20:42,86 --> 02:20:48,88
now OK thank you no I do not think it will
get better and I've written the buses

1593
02:20:49,34 --> 02:20:55,72
with my daughter and she used to take buses
she can't now because of some physical

1594
02:20:56,26 --> 02:21:01,35
problems but if you have to take more
than two buses you might as well not go

1595
02:21:01,91 --> 02:21:06,48
because it takes too long no matter where
it is that that you're going and even

1596
02:21:06,49 --> 02:21:12,64
with two buses getting from here to downtown
Santa say is crazy and it seems to me

1597
02:21:12,65 --> 02:21:18,26
that. I resist thinking as you guys are
all talking how wonderful it would be if

1598
02:21:18,27 --> 02:21:19,80
you could jump I'm some sort of

1599
02:21:19,81 --> 02:21:25,51
a transit system and go from Cupertino to
San Jose there are lots of things in San

1600
02:21:25,52 --> 02:21:30,20
Jose that I just never go to because
it's too much hassle and we want to make

1601
02:21:30,24 --> 02:21:31,06
Cupertino

1602
02:21:31,10 --> 02:21:35,85
a wonderful awesome place that people want
to come to and visit if we have ways for

1603
02:21:35,86 --> 02:21:40,86
people to come easily here then those
wonderful things that we might create here

1604
02:21:41,18 --> 02:21:46,85
they might want to come to thank you
thank you very much. Or it will bring

1605
02:21:46,86 --> 02:21:52,24
a back up to the days at this point for
further discussion and any potential.

1606
02:21:53,39 --> 02:22:00,24
Direction or action to guide staff for
further follow up would anyone like to start

1607
02:22:00,61 --> 02:22:07,03
the deliberations or else member change I
would stop so now I can talk in my mind

1608
02:22:07,04 --> 02:22:11,91
now right. For ever. This is

1609
02:22:11,92 --> 02:22:16,43
a big issue and then as I say earlier
I'm very disappointed with the C.

1610
02:22:16,44 --> 02:22:20,94
Come very leadership group because I have
been talking to conquer the no Before

1611
02:22:20,95 --> 02:22:26,57
years and then on this transportation every
time I go she when she was there he was

1612
02:22:26,58 --> 02:22:31,86
the he sent for the transportation solution
passing his measure the measure and

1613
02:22:31,87 --> 02:22:36,93
then the can now the traffic congestion
in this region is getting worse and worse

1614
02:22:37,41 --> 02:22:41,70
and then what happened is that in my
opinion call the Dino is pretty much

1615
02:22:41,71 --> 02:22:42,36
a working as

1616
02:22:42,37 --> 02:22:47,05
a lobbyist for their Because ration here
and be cooperation are now willing to do

1617
02:22:47,06 --> 02:22:51,15
the ocean fair share you know they are now
willing to come up the money OK look at

1618
02:22:51,16 --> 02:22:57,86
the I AM story just past the charge and
it breach fair to the ordinary people. I

1619
02:22:57,87 --> 02:23:03,33
think not only here in the big corporations
the entire nation the corporation need

1620
02:23:03,34 --> 02:23:08,48
to take of their fair share to help solve
the problem we are facing now and then so

1621
02:23:08,49 --> 02:23:13,22
that's why this issue need to be done
and the need to be done now instead of

1622
02:23:13,23 --> 02:23:18,90
waiting because as I say early year and I
told enjoy this use you have bought it up

1623
02:23:18,91 --> 02:23:25,84
two years ago I was planning to charge one
thousand dollars for had now just this

1624
02:23:25,85 --> 02:23:30,50
proposal is really modestly higher than
the four hundred twenty five dollars that

1625
02:23:30,51 --> 02:23:35,34
is that this then app and then what I
proposed two years ago and in two years ago

1626
02:23:35,35 --> 02:23:41,69
because there is no council members support
it so nothing happen to your past and

1627
02:23:41,70 --> 02:23:47,03
then the we don't do anything that this
time now another two year passed nothing

1628
02:23:47,04 --> 02:23:52,19
will happen I guarantee you and then the
traffic congestion let me tell you now

1629
02:23:52,29 --> 02:23:58,72
a little be very distinct clearly and
the traffic congestion is not the

1630
02:23:59,33 --> 02:24:06,08
problem now is to get into. The chaotic
situation and get into the cat

1631
02:24:06,09 --> 02:24:09,29
house of the situation to
appoint him you would have

1632
02:24:09,30 --> 02:24:14,16
a term you know Corey Locke no one can
move and you were on the three under pre

1633
02:24:14,17 --> 02:24:16,85
will on the roll and now will be really

1634
02:24:16,86 --> 02:24:22,48
a problem for everybody including the because
peroration saw it in that time is to

1635
02:24:22,49 --> 02:24:27,71
acknowledge so I will be supporting this
and I would support and I'm not going for

1636
02:24:27,72 --> 02:24:33,75
the four twenty fine that's the limit I
go for the one with January about ten

1637
02:24:33,76 --> 02:24:39,84
million dollars they'll be good enough for
me to do to work on it and then he we

1638
02:24:39,85 --> 02:24:44,87
cannot do this specifically this go on
the channel and then I would trust this

1639
02:24:44,88 --> 02:24:51,01
council in the future Council will use this
funding for the for the transportation

1640
02:24:51,02 --> 02:24:57,10
only help solve the problem and that's
my position THANK YOU THANK YOU council

1641
02:24:57,11 --> 02:25:02,41
member Chang would anyone care to go next.
Total number of body nothing I could go

1642
02:25:02,42 --> 02:25:07,06
next so for me I still don't
understand why we cannot bring

1643
02:25:07,07 --> 02:25:13,02
a specific measure in two weeks
and why we cannot surveyed the

1644
02:25:13,03 --> 02:25:15,88
employers I remember there was

1645
02:25:16,60 --> 02:25:21,51
a group that surveyed the residents and
the said that they can do it so they very

1646
02:25:21,52 --> 02:25:27,19
quickly so I think somebody said that
to answer one of my questions. Michael

1647
02:25:27,20 --> 02:25:33,03
calling to know whose counsel on this
matter and consider expert in tax revenue

1648
02:25:33,04 --> 02:25:37,22
measures so he can explain the difference
between life and specific in the general

1649
02:25:37,45 --> 02:25:39,86
there is too little
categories of general taxes

1650
02:25:39,87 --> 02:25:42,64
a tax that goes in the general fund
that can be used for any purpose of the

1651
02:25:42,65 --> 02:25:44,75
council's discretion a special taxes

1652
02:25:44,76 --> 02:25:48,30
a tax as restricted to specific purposes
but even though there's only two

1653
02:25:48,31 --> 02:25:52,37
categories there's actually a spectrum
of options your staff has described

1654
02:25:52,38 --> 02:25:53,74
a special tax which comes with

1655
02:25:53,75 --> 02:25:57,96
a fully developed program of expenditures
and this region has seen several of those

1656
02:25:57,97 --> 02:26:01,77
over the years and that you can't
accomplish in two weeks but you could write

1657
02:26:01,78 --> 02:26:05,90
a tax that says this money can only be
spent for transportation so you would that

1658
02:26:05,91 --> 02:26:09,09
be genderless president would be special
and it would require two thirds voter

1659
02:26:09,10 --> 02:26:12,89
approval but it would restrict the council's
discretion in the future to spend it

1660
02:26:12,90 --> 02:26:17,36
on transportation and you could do that
in two weeks you can do that and. That

1661
02:26:17,37 --> 02:26:23,71
answers my question and then in the to sort
of spell out the whole spectrum rarely

1662
02:26:23,72 --> 02:26:27,51
do we see a general tracks that just
says give us money it's generally

1663
02:26:27,52 --> 02:26:32,23
a general tax that has purposes in mind and
those purposes are politically binding

1664
02:26:32,24 --> 02:26:35,83
at least because you've told the public
which are going to spend your money on your

1665
02:26:35,84 --> 02:26:40,33
pair price if you spend it on something
else you can take that idea and make it

1666
02:26:40,34 --> 02:26:44,22
increasingly more specific and more
demanding of you politically by having

1667
02:26:44,23 --> 02:26:48,99
a proposed revenue plan which your staff
has described to you you can think of this

1668
02:26:48,100 --> 02:26:51,75
is a spectrum from complete
discretion to your commitment to

1669
02:26:51,76 --> 02:26:53,65
a very detailed program and there's

1670
02:26:53,66 --> 02:26:57,73
a range of options in between the two
no I do recall in measure be there was

1671
02:26:58,73 --> 02:27:03,00
a contingency are some kind. A provision
with said that if three fourths of the

1672
02:27:03,01 --> 02:27:09,26
board water. You could begin changes so by
using something like that are you saying

1673
02:27:09,27 --> 02:27:14,58
when you do very detailed plans that are
going to be experienced in the future you

1674
02:27:14,59 --> 02:27:17,11
have to account for the possibility
that something may turn out in

1675
02:27:17,12 --> 02:27:21,92
a way that you didn't anticipate
so needs to be some way to create

1676
02:27:21,96 --> 02:27:24,36
a reasonable degree of
discretion still trying to cut

1677
02:27:24,37 --> 02:27:27,85
a political bargain that's quite
specific and so the usual strategy is

1678
02:27:27,86 --> 02:27:29,24
a very detailed plan and then

1679
02:27:29,25 --> 02:27:34,100
a kind of opt out that you've described OK
thank you and then my second question I

1680
02:27:35,01 --> 02:27:40,31
think that it's just stuff so thank you so
much for your input The second question

1681
02:27:40,32 --> 02:27:46,95
was about why we can do this survey I don't
think the survey of who the employers

1682
02:27:47,50 --> 02:27:52,69
are using the same. For me is that it just
takes time and we were able to get it

1683
02:27:52,70 --> 02:27:56,91
done in the two weeks that we had between
the first meeting and between now and the

1684
02:27:56,92 --> 02:28:01,76
two weeks for the next meeting you know it
would require some help from the chamber

1685
02:28:01,77 --> 02:28:07,63
here you know we rely on their membership
to some extent to please questions like

1686
02:28:07,76 --> 02:28:12,67
one one is the contract question and one
is if if we were to institute something

1687
02:28:12,68 --> 02:28:16,96
like this how many of you will move out I
mean even I can think of some questions

1688
02:28:16,97 --> 02:28:19,83
right now so I'm sure the business
community can come up with

1689
02:28:19,84 --> 02:28:24,63
a better frame questions so we do have
questions and that we shared with the

1690
02:28:24,64 --> 02:28:29,46
chamber of commerce based on mountain views
proposal I think our biggest concern is

1691
02:28:29,79 --> 02:28:36,24
we don't know how to contact the decision
makers. Who from our business community

1692
02:28:36,48 --> 02:28:41,20
so our business license data right now
it's just who pays the tax it's not

1693
02:28:41,21 --> 02:28:41,92
necessarily

1694
02:28:41,93 --> 02:28:46,75
a decision maker and so our experience
based on when we went out and did

1695
02:28:46,76 --> 02:28:50,84
a survey of the minimum
wage is we didn't get

1696
02:28:50,85 --> 02:28:56,50
a very big response and it was because we
don't have the contact information for

1697
02:28:56,51 --> 02:29:03,24
the decision makers in our companies
especially for larger medium size or

1698
02:29:03,25 --> 02:29:09,39
larger companies and so that can be
pretty difficult this tax would really

1699
02:29:09,40 --> 02:29:16,38
a fact about thirty employees in the
city the remainder of our thirty

1700
02:29:16,39 --> 02:29:22,53
eight hundred employees would
basically either receive

1701
02:29:22,85 --> 02:29:27,88
a reduction in their business license tax
or are really it wouldn't be much of an

1702
02:29:27,89 --> 02:29:34,34
impact because we're not taxing per
employee for any employer under

1703
02:29:34,59 --> 02:29:41,54
ninety nine employees and doesn't know
if any or all of those employers are

1704
02:29:41,60 --> 02:29:45,31
members of the Chamber of Commerce
we don't know but I think

1705
02:29:45,32 --> 02:29:50,90
a better approach would be to continue
to try to contact and have conversations

1706
02:29:50,91 --> 02:29:55,76
with those businesses that would be affected
by this I'm sure we're I mean I think

1707
02:29:56,11 --> 02:30:02,19
there may have contacts or so I don't know
if you know some of our bigger but not

1708
02:30:02,20 --> 02:30:08,32
biggest employers you know the sea gates
and whole foods are members but to the or

1709
02:30:08,33 --> 02:30:13,72
Republican have them help with the contract
American he has the chamber to prison

1710
02:30:13,73 --> 02:30:19,72
to do respond. I believe Andrew is still
here so we'd like to speak to that.

1711
02:30:20,81 --> 02:30:26,39
Thank you very much welcome back Andrew
thank you very much. We did actually reach

1712
02:30:26,40 --> 02:30:28,66
out to people that were
around there there's

1713
02:30:28,67 --> 02:30:31,60
a couple things to keep in mind two
weeks is not enough to come up with

1714
02:30:32,21 --> 02:30:36,33
a valid response and the reason is the
businesses want to understand what the

1715
02:30:36,34 --> 02:30:38,85
project is that they're
going after and we heard

1716
02:30:38,86 --> 02:30:42,99
a little bit about the transportation let's
say it's no but that's non-celebrities

1717
02:30:43,00 --> 02:30:47,40
it's transportation and transportation needs
to solve the problem the problem needs

1718
02:30:47,41 --> 02:30:51,63
to be getting people to jobs and it's much
bigger solution than can be developed in

1719
02:30:51,64 --> 02:30:56,15
two weeks so that's the first issue it
really I'm just this my personal view and as

1720
02:30:56,16 --> 02:31:00,32
well as the view of the chamber so in
it also when you reach out to those

1721
02:31:00,33 --> 02:31:02,17
businesses this is something
they have to give

1722
02:31:02,18 --> 02:31:05,58
a considered view it's not like one person
just sits there and says OK we're going

1723
02:31:05,59 --> 02:31:08,78
to go do this they have to look at the
impact on the business they have to look at

1724
02:31:08,79 --> 02:31:13,01
the impact on their employees what we're
offering is to do that we're offering to

1725
02:31:13,02 --> 02:31:15,47
work with our business
community to come up with

1726
02:31:15,48 --> 02:31:21,08
a valid survey that actually addresses
what their employees want we don't have

1727
02:31:21,09 --> 02:31:24,48
access to that nobody here actually has
access to that because that has to be

1728
02:31:24,49 --> 02:31:28,12
something employers have to
administer if we're talking

1729
02:31:28,13 --> 02:31:30,80
a statistically valid survey
we are going out with

1730
02:31:30,81 --> 02:31:37,00
a statistically valid survey at the end
of the July slash August where we will go

1731
02:31:37,27 --> 02:31:41,41
to the whole community and we will work on
on the businesses but the businesses we

1732
02:31:41,42 --> 02:31:46,96
have to work them players on specifically
to get their employees right that's what

1733
02:31:46,97 --> 02:31:51,52
we need to focus on we've we will if we're
focused on just the policies then we

1734
02:31:51,53 --> 02:31:53,69
need to focus on the senior
folks and we need to do it at

1735
02:31:53,70 --> 02:31:55,20
a time when they're here when they have

1736
02:31:55,21 --> 02:31:58,98
a plan to consider it and using the time
line that you mentioned earlier one and

1737
02:31:58,99 --> 02:32:03,80
a half eons would get does that absolutely
OK Right that's that's my view of course

1738
02:32:03,81 --> 02:32:07,63
I'm making promises for people I don't
control but that's that's our my honest

1739
02:32:07,64 --> 02:32:10,83
feeling is that we can get to a much
better position to two weeks month and

1740
02:32:10,84 --> 02:32:13,19
a half years I understand but there's

1741
02:32:13,20 --> 02:32:17,75
a difference of two weeks where we
don't have any projects today one and

1742
02:32:17,76 --> 02:32:20,50
a half years where we can work with staff
and come up with something that's very

1743
02:32:20,51 --> 02:32:24,34
exciting that will solve our problems of
council member change I promise you we. To

1744
02:32:24,35 --> 02:32:24,85
come up with

1745
02:32:24,86 --> 02:32:29,12
a real solution this time I can tell you
now what I have the project in my mind but

1746
02:32:29,13 --> 02:32:34,41
that at the at the council member by the
now they are not and thank you and so much

1747
02:32:34,42 --> 02:32:38,96
change you so much so the rest of my
characters are just OK tonight you're in the

1748
02:32:38,97 --> 02:32:45,14
Jack OK entry go sit down OK OK thank you
I just want to read you know. So be done

1749
02:32:45,95 --> 02:32:50,66
two years ago when I was perfectly honest
proposes one thousand dollars employee

1750
02:32:51,22 --> 02:32:54,07
tax. I got

1751
02:32:54,08 --> 02:33:00,35
a call right away OK So Jacki it's not you
cannot reach them if they don't think

1752
02:33:00,36 --> 02:33:05,54
it's not important if they think it's
important to reach you right away OK Two

1753
02:33:05,55 --> 02:33:10,27
years ago they call me went away and then
they're opposed to it they talk to me and

1754
02:33:10,28 --> 02:33:10,51
we have

1755
02:33:10,52 --> 02:33:15,91
a private talk. And apparently they're also
working on the other council members so

1756
02:33:15,92 --> 02:33:20,03
I couldn't get the majority so it's
died down right there kill the cure the

1757
02:33:20,04 --> 02:33:25,17
proposal right on this. So I don't think
that you need another survey because there

1758
02:33:25,18 --> 02:33:31,56
is no end to this and this is the problem
we are facing now in the political leader

1759
02:33:31,57 --> 02:33:37,23
in the business and neither has a no
backbone to stand up and do the job to solve

1760
02:33:37,24 --> 02:33:42,58
a problem this problem is not going to
go away and everybody can talk there's

1761
02:33:42,59 --> 02:33:48,13
a lot of poker and then you probably
won't be popular but remember there's

1762
02:33:48,14 --> 02:33:54,56
a court Haitian American quotation see
there Brian may not be popular but the

1763
02:33:54,57 --> 02:33:59,98
popular may not be right OK so you doing
the right thing Memnon be popular and

1764
02:33:59,99 --> 02:34:03,81
maybe you are doing the popular theme may
not be the right thing to do so keeping

1765
02:34:03,82 --> 02:34:08,63
my eye on the floor and learning when I
was on school bore I want to visit every

1766
02:34:08,64 --> 02:34:13,21
school every twice every year every cross
room and then wonders the one quotation I

1767
02:34:13,22 --> 02:34:18,24
saw in one of the elementary school
kindergartens whom you know or the first grader

1768
02:34:18,57 --> 02:34:24,56
room. Remember the bright may not be popular
popular may not be right you just have

1769
02:34:24,57 --> 02:34:28,30
to do the right thing and then
we know the problem now we have

1770
02:34:28,31 --> 02:34:34,17
a traffic congestion and if we don't solve
it now it's going to get worse for sure

1771
02:34:34,28 --> 02:34:35,73
so that's why it's

1772
02:34:35,74 --> 02:34:40,84
a leadership that's the time to show that
your leadership has to show the business

1773
02:34:40,85 --> 02:34:44,98
to have their leadership and then this
time beyond us I don't get any call at all

1774
02:34:45,13 --> 02:34:49,42
very interesting so that's why it's on
the agenda maybe you didn't get either

1775
02:34:49,43 --> 02:34:53,50
really object to or the party will work it
out there won't be on the agenda at all

1776
02:34:53,54 --> 02:34:57,27
so I agree with you that trying
to traffic transportation is

1777
02:34:57,28 --> 02:35:00,58
a huge issue for the last four years
first for two years on the V.T.

1778
02:35:00,59 --> 02:35:03,03
a PAC and then two more years on the BT

1779
02:35:03,04 --> 02:35:07,28
a board I've been fighting for our region
and I have got some solutions especially

1780
02:35:07,29 --> 02:35:11,71
since I represent five cities working on
the next network I've got more buses than

1781
02:35:11,72 --> 02:35:14,97
they had originally planned I've got
plans for the sonar corridor I've got

1782
02:35:14,98 --> 02:35:20,98
a. Doesn't help Cupertino but it helps the
other this valley cities so I've been

1783
02:35:20,99 --> 02:35:26,18
working on transportation and really just
not talking the talk but walking the talk

1784
02:35:26,19 --> 02:35:32,96
right so I. When it came to this
and when it comes to Petris I

1785
02:35:32,97 --> 02:35:37,72
mentioned your very first goal of setting
meeting that was more than two years ago

1786
02:35:37,73 --> 02:35:43,99
I said be should look at Petris for
traffic solutions so yes partnerships are

1787
02:35:44,00 --> 02:35:45,25
important and we need

1788
02:35:45,26 --> 02:35:50,14
a solution for traffic but what is the
right way to do it I really do not like

1789
02:35:50,15 --> 02:35:54,77
a tax now planned later
approach yes we need to have

1790
02:35:54,81 --> 02:36:00,25
a plan and I just got some information
from the outside council which helps me

1791
02:36:00,41 --> 02:36:05,69
structure my comments better but I really
do not want to tax now planned later and

1792
02:36:05,70 --> 02:36:12,07
I do not want something which is subject
to. The discretion of the council which

1793
02:36:12,58 --> 02:36:18,80
three of us may or may not be sitting
here in six months so I won't be here for

1794
02:36:18,81 --> 02:36:25,26
sure. So. You could come back. So

1795
02:36:25,27 --> 02:36:29,40
ideally that's why I asked my question
about how binding the resolution is and

1796
02:36:29,44 --> 02:36:33,63
depending on who is sitting here it could
change so the tax no plan later does not

1797
02:36:33,91 --> 02:36:39,48
does not work for me but we have teachers
who are coming driving for ever trying to

1798
02:36:39,49 --> 02:36:43,89
get here and if they find that difficult
they leave our district and go to other

1799
02:36:43,90 --> 02:36:48,20
districts to this paper said that it's
difficult to hire teachers in any city

1800
02:36:48,21 --> 02:36:53,53
because traffic and housing is such an
issue employees are on city employees are

1801
02:36:53,54 --> 02:36:58,01
choosing cities closer to where they live
so that they can get to work and get back

1802
02:36:58,02 --> 02:37:01,28
to their families so traffic
is an issue and I do want

1803
02:37:01,29 --> 02:37:05,55
a solution and I really want to
make that sausage in public with

1804
02:37:05,56 --> 02:37:07,31
a transparent casing and I'm

1805
02:37:07,32 --> 02:37:14,28
a vegetarian and I'm saying that.
As ugly that it might be I really

1806
02:37:14,32 --> 02:37:20,34
think that we need to do that and I'll
take that analogy further the kind the big

1807
02:37:20,35 --> 02:37:24,02
this B.L.T. Is structured
I don't like it I want

1808
02:37:24,03 --> 02:37:28,30
a healthier alternative which may not be
vegetarian but I'll take a different B.L.T.

1809
02:37:28,30 --> 02:37:34,50
. So I would like to bring back.
I would like staff to bring back

1810
02:37:34,81 --> 02:37:37,84
a specific. How do you say this

1811
02:37:37,88 --> 02:37:42,72
a tax measure that specific in two weeks
with the help of outside counsel and

1812
02:37:42,73 --> 02:37:48,83
a general tax measure. Something that's
really tight and I reserve the right to

1813
02:37:48,84 --> 02:37:54,13
ward on that at that time and in the interim
do whatever surveys you can what do

1814
02:37:54,14 --> 02:38:00,07
outreach you can. And the other thing is I
was looking at the staff report and you

1815
02:38:00,08 --> 02:38:02,43
briefly talked about it you said you see

1816
02:38:02,44 --> 02:38:06,31
a counselor should direct stuff on the
effective date and the phasing of any

1817
02:38:06,32 --> 02:38:10,69
proposed measure mountain use has an
effective date of twenty twenty for smaller

1818
02:38:10,70 --> 02:38:15,42
businesses so if the effective
date is twenty twenty for

1819
02:38:15,43 --> 02:38:22,37
a smaller business and. The larger business
is phased over two years we could do

1820
02:38:22,38 --> 02:38:27,09
exactly the same saying starting date is
twenty twenty but effective immediately in

1821
02:38:27,10 --> 02:38:34,05
twenty twenty that would be the wording
of your measure too so instead of having

1822
02:38:34,06 --> 02:38:39,86
all this angsty. I'm just giving I don't
know how hold legal any of this is so

1823
02:38:39,91 --> 02:38:45,82
that's why we need outside counsel to discuss
all that. But I really I really think

1824
02:38:45,83 --> 02:38:52,53
we should not tax now and plan. OK
thank you very much council member

1825
02:38:52,54 --> 02:38:57,20
voting often House member shows
and he comments. I've got

1826
02:38:57,24 --> 02:38:59,52
a presentation if we can get it up.

1827
02:39:05,72 --> 02:39:08,04
Steve you want to go down
there to the present ation.

1828
02:39:12,84 --> 02:39:18,60
I will enjoy your presentation.
Blank screen right now.

1829
02:39:29,29 --> 02:39:36,24
About something you're. That was

1830
02:39:36,40 --> 02:39:38,57
the right. To get something.

1831
02:40:21,22 --> 02:40:26,25
Counts number Sharf I think maybe you could
plug it in perhaps at the podium just

1832
02:40:26,26 --> 02:40:31,85
a suggestion I don't. Know yet
I'll be already enjoyed OK.

1833
02:40:41,66 --> 02:40:48,63
Maybe we're technology need to be
improved more hi David. Letterman but

1834
02:40:48,64 --> 02:40:52,98
if you. Mean that you know
Pollack were adult he did.

1835
02:40:58,33 --> 02:41:05,27
OK. You have to remember the

1836
02:41:05,29 --> 02:41:10,37
council member shop spent three days to
prepare this present is you know OK so is

1837
02:41:10,38 --> 02:41:13,77
the one OK you want to duplicate
so you can try to put.

1838
02:41:21,28 --> 02:41:27,00
More coming up it's partially
coming up here so yeah good OK.

1839
02:41:28,49 --> 02:41:35,37
You see teamwork that's what we can
do with teamwork OK. So I think I

1840
02:41:35,38 --> 02:41:41,94
can go back up and do it from my seat with
the remark. You don't offend there how.

1841
02:41:48,89 --> 02:41:54,87
He does this work from Great. So I
guess my feeling going into this was.

1842
02:41:55,99 --> 02:42:01,91
To corporations have an obligation to
fund solutions to help fund solutions for

1843
02:42:01,92 --> 02:42:08,20
housing homelessness transportation traffic
and school overcrowding health care

1844
02:42:08,59 --> 02:42:14,17
or is their only responsibility to
maximize the return to the shareholders if

1845
02:42:14,18 --> 02:42:20,90
anyone was here on June. June eleventh
two thousand and seven for the late

1846
02:42:20,91 --> 02:42:21,38
C.E.O.

1847
02:42:21,39 --> 02:42:26,69
Of Apple was basically saying you know
what we pay our taxes and you guys do what

1848
02:42:26,70 --> 02:42:31,55
you want with the money because their
expertise is in making i Phones and computers

1849
02:42:31,79 --> 02:42:35,31
it's not in running transit
systems although they do have

1850
02:42:35,32 --> 02:42:41,02
a lot of expertise in that. So I kind of
agree with that at the time I thought Hey

1851
02:42:41,03 --> 02:42:47,82
that's right why would we expect. A company
that makes phones then music players

1852
02:42:48,26 --> 02:42:53,35
to do the kind of stuff that government
is intended to do and Apple was paying

1853
02:42:53,36 --> 02:42:58,64
a lot of income tax then to the federal
government and it was all reasonable and

1854
02:42:58,65 --> 02:42:58,89
all of

1855
02:42:58,90 --> 02:43:04,43
a sudden we see all these Silicon Valley
companies cities Sorry talking about taxing

1856
02:43:04,44 --> 02:43:11,39
technology Mountain View Palo Alto
Cupertino. Google the they call

1857
02:43:11,40 --> 02:43:16,12
it the Google tax the mountain you employer
tax and of course in Cupertino so why

1858
02:43:16,13 --> 02:43:17,12
are they coming up all of

1859
02:43:17,13 --> 02:43:23,37
a sudden like this and I think one issue
is what happened on January first twenty

1860
02:43:23,38 --> 02:43:28,00
eight thousand these huge federal tax
cuts for corporations which result in

1861
02:43:28,01 --> 02:43:32,63
a loss of federal funding for things like
housing and transit infrastructure and

1862
02:43:32,64 --> 02:43:39,36
education so really hits us hard to see

1863
02:43:40,15 --> 02:43:46,65
these huge deficits and the reduction
in the government's support. And hits

1864
02:43:46,66 --> 02:43:51,38
individual Californians really hard
twelve million billion more in taxes that

1865
02:43:51,39 --> 02:43:56,25
Californians will have to pay individuals
and so we can't really go to residents

1866
02:43:56,26 --> 02:44:02,29
and say give us more money even though some
entities have been doing just that like

1867
02:44:02,30 --> 02:44:08,41
our into three which was promoted by three
different business groups however if you

1868
02:44:08,42 --> 02:44:14,80
look at the benefits that these corporations
got from the federal tax cut this is Q

1869
02:44:14,81 --> 02:44:19,72
two twenty seventeen to twenty eighteen
for one Cupertino company you can guess

1870
02:44:19,73 --> 02:44:26,58
which one and their tax savings in one
quarter were one point four nine billion

1871
02:44:26,77 --> 02:44:33,06
and this is despite having far greater
profit they still had that tax savings and

1872
02:44:33,07 --> 02:44:37,87
so people. You know why are these cities
looking to these corporations to help out

1873
02:44:37,88 --> 02:44:41,59
with these problems and to be honest
because that's where the money is that was

1874
02:44:41,60 --> 02:44:47,40
like Bonnie and Clyde that's where the
money is. You see out there with record

1875
02:44:47,41 --> 02:44:53,35
profit Microsoft profit increase in Google
profit all time high Facebook all time

1876
02:44:53,36 --> 02:45:00,30
high so you know our our our cities being
greedy for asking for this tiny tiny

1877
02:45:00,31 --> 02:45:06,43
amount I mean. In Mountain View it's one
hundred fifty dollars per employee.

1878
02:45:07,67 --> 02:45:13,36
It's just such a small amount
comparatively Now I know but

1879
02:45:13,37 --> 02:45:17,93
a lot of people brought up to Seattle and
said well look Seattle just with drew her

1880
02:45:18,17 --> 02:45:22,31
their business tax and that's true
but that was not a tax passed by

1881
02:45:22,32 --> 02:45:27,41
a vote is required in California that was
just the City Council acting on its own

1882
02:45:27,55 --> 02:45:31,05
which we don't even have the
authority to do here it's

1883
02:45:31,06 --> 02:45:35,25
a referendum versus an edict and
voters will get to decide if we do

1884
02:45:35,26 --> 02:45:41,16
a progressive measure. And we've had plenty
of regress attacks in Silicon Valley

1885
02:45:41,42 --> 02:45:44,57
measure a three different
measure A's measure of B.

1886
02:45:44,61 --> 02:45:50,67
And R M three all supported by business
interests all highly regressive falling

1887
02:45:50,68 --> 02:45:57,59
directly on residents and not businesses
and sometimes businesses give money.

1888
02:45:58,86 --> 02:46:04,51
Google Apple and Intel It gave money
to for the Bay Area Superbowl bed and.

1889
02:46:06,35 --> 02:46:12,41
Corporations are just not giving like like
they used to in Silicon Valley and to

1890
02:46:12,42 --> 02:46:17,97
court Steve Jobs he said incurred shareholder
donations by increasing Apple's value

1891
02:46:18,33 --> 02:46:19,12
and Apple's done

1892
02:46:19,13 --> 02:46:23,41
a really good job of increasing value
I'm not sure that those donations have

1893
02:46:23,42 --> 02:46:28,34
actually followed and if you look at some
companies I just saw Kaiser Permanente

1894
02:46:28,44 --> 02:46:32,94
two hundred million dollars for affordable
housing investment Mountain View Google

1895
02:46:32,95 --> 02:46:37,16
funds the community shuttle Facebook and
Google are building affordable housing in

1896
02:46:37,17 --> 02:46:42,61
Silicon Valley Facebook's funding the study
for the Dumbarton rich corridor and we

1897
02:46:42,62 --> 02:46:42,75
have

1898
02:46:42,76 --> 02:46:46,69
a lot of unintended consequences of the
Great job growth we have the job growth is

1899
02:46:46,70 --> 02:46:51,39
great but with no investment in infrastructure
we've got the home prices going up

1900
02:46:51,93 --> 02:46:58,49
the schools being more overcrowded and
the transit just being impossible so

1901
02:46:59,98 --> 02:47:06,57
I do favor putting something on the ballot
However I also agree that twenty eight

1902
02:47:06,58 --> 02:47:12,08
teen is really soon to do this I really
would like to work with the largest

1903
02:47:12,09 --> 02:47:18,53
employers because they want to know how
the money's going to be spent and like

1904
02:47:18,54 --> 02:47:23,52
Councilman Chang said I don't want to spend
more money on studies because we've had

1905
02:47:23,53 --> 02:47:28,55
studies up the gazoo already we really
need to start looking at what we could

1906
02:47:28,56 --> 02:47:35,01
actually do. And I think also we need to
work regionally we can't just look at

1907
02:47:35,02 --> 02:47:40,04
Cupertino and right now there's really
no existing entity to work on regional

1908
02:47:40,05 --> 02:47:45,73
housing or transportation solutions. In my
mind Silicon Valley Leadership Group has

1909
02:47:45,74 --> 02:47:50,18
no credibility at all in either of these
issues and the cities need to step up we

1910
02:47:50,19 --> 02:47:52,41
need to form a consortium or

1911
02:47:52,42 --> 02:47:56,23
a committee or whatever you want to call
it that brings together businesses and

1912
02:47:56,24 --> 02:48:00,49
elected officials from the different
cities to work together and I I would

1913
02:48:00,56 --> 02:48:05,58
encourage staff please go to recklessly
to businesses when you talk to them there

1914
02:48:05,59 --> 02:48:06,57
is no need to go through

1915
02:48:06,58 --> 02:48:11,11
a middleman there's not that many large
businesses that you actually need to talk

1916
02:48:11,12 --> 02:48:17,61
to I just I forget how many did you
say Chuckie. Around thirty thirty so

1917
02:48:17,84 --> 02:48:21,90
please go directly talk to them directly
don't let it be filtered through

1918
02:48:21,91 --> 02:48:27,19
a third party and that's all I have thank
you great thank you very much council

1919
02:48:27,20 --> 02:48:34,02
members are. Very much so I'm looking at

1920
02:48:34,03 --> 02:48:39,87
our sentiment of our four at this point
there seems to be an appetite for twenty

1921
02:48:39,88 --> 02:48:45,86
eighteen for for one person I'm not entirely
certain about council member by the

1922
02:48:45,87 --> 02:48:51,92
Nothin's your position on the placement
on the ballot this year. Tells

1923
02:48:51,93 --> 02:48:55,74
a member Sharf you seem to be stating
that you would be more in preference of

1924
02:48:56,06 --> 02:49:00,68
twenty twenty if we do decide to go forward
not necessarily twenty twenty I still

1925
02:49:00,69 --> 02:49:07,61
think twenty nineteen is not an un viable
solution OK perhaps even next year but

1926
02:49:07,62 --> 02:49:12,93
right I think I think we can't really do
this in two weeks and do it right and I

1927
02:49:12,94 --> 02:49:18,58
would really like to partner with these
large employers instead of being their

1928
02:49:18,59 --> 02:49:22,82
opponent because I think you know they might
be willing to step up and do the right

1929
02:49:22,83 --> 02:49:28,20
thing all right very good well let me give
my brief comments on this matter I dish

1930
02:49:28,21 --> 02:49:32,54
really said that I'm not sure how we place
this on the ballot in twenty eighteen in

1931
02:49:32,55 --> 02:49:38,59
a responsible manner and I still have
that opinion because we you know frankly

1932
02:49:38,60 --> 02:49:42,73
started looking that this process a three
and a half maybe four weeks ago others

1933
02:49:42,74 --> 02:49:47,47
a very fast survey conducted of the community
and I think that it is legitimate to

1934
02:49:47,48 --> 02:49:53,28
point out particular needs of the community
I think the city of Cupertino has been

1935
02:49:53,29 --> 02:49:58,86
an excellent partner with our business
community over time and I can say this as

1936
02:49:58,87 --> 02:50:03,29
a former president of the Chamber of
Commerce and knowing the history of how that

1937
02:50:03,30 --> 02:50:09,01
organization interweaves with Cupertino
it actually predates our city by one year

1938
02:50:09,05 --> 02:50:12,54
because members of the chamber did incorporate
the city back in one nine hundred

1939
02:50:12,55 --> 02:50:17,73
fifty three or nine hundred fifty five
rather. So you know it's one of these things

1940
02:50:17,74 --> 02:50:21,32
where I want to thank council
member chain for bringing this up

1941
02:50:21,36 --> 02:50:26,22
a couple of years ago when he was mayor
because it did definitively bring attention

1942
02:50:26,23 --> 02:50:32,87
to the issue and from there it is true that
Mountain View and more recently Seattle

1943
02:50:33,40 --> 02:50:39,42
put you know specific attention on this
I think we have the attention of our

1944
02:50:39,53 --> 02:50:44,12
business community judging by the people
that are out here today and that we can

1945
02:50:44,13 --> 02:50:44,37
have

1946
02:50:44,38 --> 02:50:51,19
a very viable conversation about this that
is in good faith you know frankly again

1947
02:50:51,20 --> 02:50:57,73
we've been an excellent partner with
our business community over time. When

1948
02:50:57,81 --> 02:51:04,51
our most I guess successful you know
monetarily and and he was struggling to make

1949
02:51:04,52 --> 02:51:08,08
two decades ago and I would say I think
it's exactly two decades ago because that's

1950
02:51:08,09 --> 02:51:11,46
been the amount of time that we have had

1951
02:51:11,50 --> 02:51:18,46
a deal to give certain sales tax
refunds. You know the city stepped up

1952
02:51:18,64 --> 02:51:25,56
and so that's been to the tune of some
millions per year it varies based

1953
02:51:25,57 --> 02:51:29,59
upon sales tax business is business sales
taxes in California so Cupertino doesn't

1954
02:51:29,60 --> 02:51:36,17
see any sales tax dollars of any given
Apple store that you go to in the world

1955
02:51:36,71 --> 02:51:40,94
and that's that misperception of that
is the idea we simply see business to

1956
02:51:40,95 --> 02:51:46,25
business sales taxes in the state of
California and so we don't get that entirely

1957
02:51:46,32 --> 02:51:46,85
within

1958
02:51:47,13 --> 02:51:51,52
a couple of our energies and you could you
know conjecture what the most significant

1959
02:51:51,56 --> 02:51:56,32
amount that is coming from and so you know
in one thousand nine hundred eight when

1960
02:51:56,33 --> 02:52:01,75
this started I think it was very significant
to the apple to be able to say look

1961
02:52:01,79 --> 02:52:06,54
you know we we need the revenue you know
we need to be able to be viable and

1962
02:52:06,55 --> 02:52:13,11
Cupertino over time has been incredibly
responsible fiscally and so for example

1963
02:52:13,12 --> 02:52:18,50
when you see the issue of. Pension liabilities
covering the entire state the entire

1964
02:52:18,51 --> 02:52:24,42
nation we've been so fiscally responsible
that this year we were able to

1965
02:52:25,20 --> 02:52:28,04
start allocating two
million dollars a year to

1966
02:52:28,05 --> 02:52:32,16
a fund that would allow our pension to be
fully funded so if there were concerns

1967
02:52:32,17 --> 02:52:37,40
with regard to what this money would be
used for it wouldn't be used for. You know

1968
02:52:37,44 --> 02:52:42,49
things like paying the pensions of our
employees it would be directly to these

1969
02:52:42,50 --> 02:52:46,27
types of projects that have essentially
been deferred over time because of the

1970
02:52:46,28 --> 02:52:52,50
money that we had not been receiving from
certain of our stakeholders and so I

1971
02:52:52,51 --> 02:52:56,66
think that we certainly have the attention
of the entirety of the community at this

1972
02:52:56,67 --> 02:53:02,67
point I would like to give some time to
be able to have that dialogue. And we

1973
02:53:02,68 --> 02:53:06,30
greatly appreciate the fact that there
are so many people out here this evening

1974
02:53:06,31 --> 02:53:10,05
that care about this particular issue
they care about our community as well as

1975
02:53:10,06 --> 02:53:15,03
making sure that any of our
stakeholders in the city or don't feel

1976
02:53:15,04 --> 02:53:16,74
a sense of alienation or or

1977
02:53:16,75 --> 02:53:21,26
a slap in the face ultimately but two
years is really not that long of

1978
02:53:21,27 --> 02:53:25,80
a time so I also think that within
that period of time we can have

1979
02:53:25,81 --> 02:53:31,79
a conversation but we affectively put
energies on notice that you know look we do

1980
02:53:31,80 --> 02:53:36,29
want to have an end point here if we're
not able to accrue certain amounts of

1981
02:53:36,79 --> 02:53:41,95
revenue that we feel that we we not only
need but frankly in the interest of equity

1982
02:53:41,95 --> 02:53:47,58
. You know should probably be starting
to recoup because it is you know

1983
02:53:47,59 --> 02:53:49,79
a certain amount that
we've been giving up as

1984
02:53:49,80 --> 02:53:54,64
a community so to speak over the last couple
of decades so I think that having the

1985
02:53:54,65 --> 02:53:56,55
option of placing this on the ballot on

1986
02:53:56,56 --> 02:54:02,47
a future election cycle is absolutely
necessary and critical to making sure that

1987
02:54:02,48 --> 02:54:07,14
this conversation happens in good faith
over the course of whether it be the next

1988
02:54:07,15 --> 02:54:11,63
twelve months or twenty four months so I
want to thank council member Cheney as

1989
02:54:11,64 --> 02:54:18,05
well as I believe council member vice mayor
six. To put this on but of course due

1990
02:54:18,06 --> 02:54:23,23
to subsequent legal advice found out that
it was necessary to recuse But in any

1991
02:54:23,24 --> 02:54:28,25
event we have partners in the media area
such as with Mountain View who has who

1992
02:54:28,26 --> 02:54:34,89
have taken this type of idea and put some
particular details to this so if we could

1993
02:54:34,90 --> 02:54:40,10
focus on transit that's great it is nice
that our staff was able to in this very

1994
02:54:40,11 --> 02:54:44,07
brief period of time of two weeks
identify a few projects that we as

1995
02:54:44,08 --> 02:54:49,52
a city could potentially be looking at in
the long term but you know again nothing

1996
02:54:49,53 --> 02:54:54,62
needs to be funded in the next year what I
will say is that it is unfortunate that

1997
02:54:54,63 --> 02:54:58,87
the measure be funding for the eighty five
transit coord or did not come through

1998
02:54:59,30 --> 02:55:03,94
and so if we are looking at the entirety
of the amount allocated to West Valley

1999
02:55:04,16 --> 02:55:07,23
which is three hundred million dollars
over the course of measure B.'s funding

2000
02:55:07,71 --> 02:55:12,25
that's one thing but the amount that was
in shortfall just immediately is only

2001
02:55:12,26 --> 02:55:14,55
about four hundred thousand
dollars so if we have

2002
02:55:14,56 --> 02:55:19,16
a major stakeholder and they have hundreds
of billions of dollars coming in as you

2003
02:55:19,17 --> 02:55:25,13
know annual revenue I get the fact that
you know it's something that they have

2004
02:55:25,74 --> 02:55:29,15
corporate responsibilities
to look after but if we as

2005
02:55:29,16 --> 02:55:33,55
a city are struggling and have historically
stepped up about so to speak for them

2006
02:55:33,93 --> 02:55:36,59
that I think if there is a situation where

2007
02:55:37,25 --> 02:55:41,00
a few hundred thousand dollars would get
us to the point where we can continue with

2008
02:55:41,46 --> 02:55:44,12
something like public
transit and studying it in

2009
02:55:44,13 --> 02:55:48,97
a meaningful fashion instead of being.
Hamstrung waylaid temporarily due to

2010
02:55:48,98 --> 02:55:53,83
a lawsuit holding up those you know the
entirety of those funds then we should have

2011
02:55:53,84 --> 02:55:59,79
that meaningful conversation and dialogue
going forward. I also want to put in. I

2012
02:55:59,80 --> 02:56:03,97
also want to put in addition is the problem
actually it's one point two million one

2013
02:56:03,98 --> 02:56:08,93
point two million for the rest of this
decade but the current funding that we need

2014
02:56:08,94 --> 02:56:14,29
to go forward in the here and now is
proximately in the hundreds of thousands so

2015
02:56:15,03 --> 02:56:20,51
the. If we if we had that amount at this
point the study could proceed but we need

2016
02:56:20,52 --> 02:56:25,50
to also indicate that the remaining is
coming from right and when frankly I mean so

2017
02:56:25,51 --> 02:56:29,57
over the course of say two or three years
if we could get to recoup the rest of it

2018
02:56:30,17 --> 02:56:34,19
perhaps even that gives enough time for the
lawsuit to be resolved but in the here

2019
02:56:34,20 --> 02:56:38,85
and now you know we could we could use
that type of funding also say that the

2020
02:56:38,86 --> 02:56:43,24
affordable housing issue
is it is extreme on

2021
02:56:43,25 --> 02:56:49,95
a regional level but you know if you're
really looking at. The numbers and solving

2022
02:56:49,96 --> 02:56:55,62
the so-called problem I mean we really need
to make sure that transit is fixed it's

2023
02:56:55,63 --> 02:56:56,36
not enough to wait

2024
02:56:56,37 --> 02:57:00,03
a generation and say to ourselves well we
can go anywhere and do anything we want

2025
02:57:00,04 --> 02:57:04,20
in our vehicles you know in thirty years
because it's all going to be self driving

2026
02:57:04,21 --> 02:57:08,01
hopefully you know clean and so forth
it would be much better to build out

2027
02:57:08,02 --> 02:57:12,26
infrastructure that gets us to farther
places faster and that's not going to be

2028
02:57:12,27 --> 02:57:17,87
solved by vehicles that can allow us to
do what we want to side the vehicle so

2029
02:57:18,16 --> 02:57:23,08
transit infrastructure is critically
important but there are also other needs

2030
02:57:23,40 --> 02:57:30,22
within the fordable housing I've been
particularly. Moved by the extremely low

2031
02:57:30,23 --> 02:57:35,73
income developmentally disabled sector
that has come out and has been asking for

2032
02:57:35,87 --> 02:57:40,66
a relatively small amount I mean we had in
Qana must come in and say that you know

2033
02:57:40,70 --> 02:57:42,33
per unit it's really just

2034
02:57:42,34 --> 02:57:48,59
a matter of something like eight maybe
eighty dollars per square foot foot and so

2035
02:57:48,93 --> 02:57:52,81
for a thousand square foot unit
it's about eighty thousand you know

2036
02:57:52,95 --> 02:57:59,11
a dollar shortfall if we could add to the
list developmentally disabled extremely

2037
02:57:59,12 --> 02:58:03,11
low income support for those housing
units I think that could really go

2038
02:58:03,12 --> 02:58:09,84
a long way to helping very defined
need within this community so at this

2039
02:58:09,85 --> 02:58:13,50
point though you know even
though I helped identify

2040
02:58:13,51 --> 02:58:17,34
a few of the projects that we're
putting forward. Today we need to have

2041
02:58:17,35 --> 02:58:23,33
a more. A more gauged conversation with our
general community I mean it's not just

2042
02:58:23,34 --> 02:58:26,97
the business community which we definitely
need to have that conversation with but

2043
02:58:27,83 --> 02:58:31,86
you know take the example of our fifty
fifty eight acre mall we've had

2044
02:58:31,87 --> 02:58:36,84
a four year conversation that's been very
very very detailed involved if we're

2045
02:58:36,85 --> 02:58:41,49
going to be talking about something that
could have crew anywhere from ten million

2046
02:58:41,50 --> 02:58:44,66
a year twenty million years thirty
million a year I mean we need to have

2047
02:58:44,72 --> 02:58:51,03
a definitive and thorough conversation with
the community I don't necessarily agree

2048
02:58:51,04 --> 02:58:55,14
that it has to be exclusive to transit I
mean there are other needs within our

2049
02:58:55,15 --> 02:58:59,57
community as well but let's let's do that
outreach let's I mean it's great to have

2050
02:58:59,58 --> 02:59:00,82
the technology to be able to reach

2051
02:59:00,83 --> 02:59:04,78
a lot of cell phones and do you know
text message type of surveys within

2052
02:59:04,79 --> 02:59:11,26
a weekend but clearly it would be better
through you know more widespread community

2053
02:59:11,27 --> 02:59:16,04
engagement for the overall process and the
defining of what our needs are and where

2054
02:59:16,05 --> 02:59:22,71
the support is so. I would like to go ahead
and suggest that we do provide staff

2055
02:59:22,72 --> 02:59:25,51
with direction to go forward on

2056
02:59:25,52 --> 02:59:32,11
a longer timeframe either one or two years.
And at the same time direct staff to go

2057
02:59:32,12 --> 02:59:37,05
ahead and engage with all of our stakeholders
within the community including the

2058
02:59:37,06 --> 02:59:41,41
residents and the business community and I
want to reiterate you know the thanks to

2059
02:59:41,42 --> 02:59:47,38
council member Chang for for bring this
forward. It was absolutely true that when

2060
02:59:47,39 --> 02:59:47,99
you brought it forward

2061
02:59:48,00 --> 02:59:52,57
a couple of years ago it seemed very
much out of out of left field right

2062
02:59:52,86 --> 02:59:53,78
a thousand dollars

2063
02:59:54,17 --> 02:59:58,97
a head I mean we were we weren't really
that far out of the recession and doing

2064
02:59:58,98 --> 03:00:04,62
that thriving we well economically but as
council member Scharf points out I mean

2065
03:00:04,63 --> 03:00:09,40
our our large sanity has taken more than
one billion dollar tax break in this last

2066
03:00:09,41 --> 03:00:13,79
quarter alone on the federal level that's
going to result in shortfalls but it's

2067
03:00:13,80 --> 03:00:18,19
not something that we need to fix. Next
month or in November of this year so let's

2068
03:00:18,23 --> 03:00:23,02
take some time. And utilize the time
that we have between this and the next

2069
03:00:23,03 --> 03:00:28,51
election cycle. And make good use of it
I do believe you know based upon our

2070
03:00:28,52 --> 03:00:33,02
presence in this audience today that there
you have the forward tension of the

2071
03:00:33,03 --> 03:00:39,92
community so thanks very much. I just have
to disagree with you on the I'm not in

2072
03:00:39,93 --> 03:00:46,91
time time nine I don't think we can wait
for another year to this is and I want to

2073
03:00:47,08 --> 03:00:49,52
also want to thank the
Steven for doing a such

2074
03:00:49,53 --> 03:00:54,39
a great job for the prepare
Asian. Really touched

2075
03:00:54,40 --> 03:01:00,30
a nerve OK you we don't do we don't take
action now two years now from now may not

2076
03:01:00,31 --> 03:01:06,38
have any action at all on you does the
problem I mean the project end to us for the

2077
03:01:06,39 --> 03:01:10,76
project I can tell you now is
very clear to me you just have

2078
03:01:10,77 --> 03:01:15,62
a subway system no real underground on
Stevens Creek from tampons our sleep.

2079
03:01:17,49 --> 03:01:22,10
Station to here to eighty
five and eighty five have

2080
03:01:22,11 --> 03:01:26,38
a real contact and connected from
Santa Teresa to all the way to mount

2081
03:01:26,39 --> 03:01:32,77
a mute you house saw the region no traffic
substantially and that the project is

2082
03:01:32,78 --> 03:01:38,63
there is not you don't need to do any other
study the infrastructure the did Len is

2083
03:01:38,64 --> 03:01:44,80
there nothing else he cannot go
anyplace else it's just so simple but

2084
03:01:46,65 --> 03:01:49,74
no one want to have tech and no one
want to act no I want to take the

2085
03:01:49,75 --> 03:01:51,74
responsibility so did

2086
03:01:51,100 --> 03:01:56,100
a pretty good leader don't do it the business
leaders don't do it so that's why the

2087
03:01:57,01 --> 03:02:03,40
problem and continue and if we don't see
that you don't tag action now I don't

2088
03:02:03,41 --> 03:02:09,78
think to you will be done and that's what
that's why. I agree with you need to be

2089
03:02:09,79 --> 03:02:15,62
more They're all in the yeah that but it's
time to act and then if you don't act

2090
03:02:15,93 --> 03:02:22,83
nothing will happen period. Thank you Council
members are there any other follow up

2091
03:02:22,84 --> 03:02:27,23
comments not sure if you know I understand
we're where customer chain is coming

2092
03:02:27,24 --> 03:02:33,94
from I think. And and council
member via not fun mention

2093
03:02:34,27 --> 03:02:34,39
is

2094
03:02:34,41 --> 03:02:40,42
a tourist between two weeks and two years
do we really have to make that choice. I

2095
03:02:40,43 --> 03:02:45,46
mean we don't have to wait for the next
election cycle for two years yes an

2096
03:02:45,47 --> 03:02:51,28
election costs money but it's not so much
when you consider the payback so I would

2097
03:02:51,29 --> 03:02:56,81
really want to look at something that doesn't
go out to two thousand and twenty but

2098
03:02:56,83 --> 03:03:02,58
that we look at some point in twenty nine
thousand to bring this back because we

2099
03:03:02,60 --> 03:03:09,35
can study this and study it forever and
council member Chang's right they'll say

2100
03:03:09,67 --> 03:03:16,46
designated Highway eighty five the median
for light rail and then abandoned and

2101
03:03:16,68 --> 03:03:21,59
unfortunately the amount of money it will
take to finish the light rail and do the

2102
03:03:21,60 --> 03:03:26,03
subway down Stevens Creek is not in the
millions that's probably in the billions

2103
03:03:26,03 --> 03:03:32,90
Yeah I agree but you're done but you have
to start somewhere but major before BT

2104
03:03:32,91 --> 03:03:34,17
have promised they will have

2105
03:03:34,18 --> 03:03:40,87
a. Stevens Creek and then they have and I
re on the highway eighty five and then

2106
03:03:41,16 --> 03:03:45,46
once the measure passed in this city no
you know I would do it they pull all the

2107
03:03:45,47 --> 03:03:51,17
money to downtown San Jose to help downtown
see and I can guarantee you we don't do

2108
03:03:51,21 --> 03:03:57,20
anything. All this because Parisian including
Google and Apple would be too would

2109
03:03:57,21 --> 03:04:02,87
be would be poor to downtown solace it would
loosen in you we don't act now for the

2110
03:04:02,88 --> 03:04:07,53
solution we have to do it for all put to
protect our city couple years down the

2111
03:04:07,54 --> 03:04:12,70
road do be gone because there's no traffic
solution except downtown San Jose

2112
03:04:12,71 --> 03:04:16,87
because they are come to the downtown
thousand they can get the engineer live in

2113
03:04:16,88 --> 03:04:19,17
the liberal more live in the three C.

2114
03:04:19,21 --> 03:04:26,08
Easy but here. We are two transit
system desert in the in the middle

2115
03:04:26,09 --> 03:04:31,57
especially Cupertino we don't acknowledge
will be too late in my opinion so.

2116
03:04:33,39 --> 03:04:38,47
While I hope whatever is come up
with in terms of trends that it's

2117
03:04:38,48 --> 03:04:44,82
a transit solution that is not run by video
because if we want any credibility with

2118
03:04:44,83 --> 03:04:46,96
our residents we have to have

2119
03:04:46,97 --> 03:04:51,84
a real transit solution that's not going
to be done by V T A because their sole

2120
03:04:51,85 --> 03:04:56,75
interest as transit to San Jose right so
that's why we need to come up the money we

2121
03:04:56,76 --> 03:04:59,84
need to come up with our own
system Negat magazine that

2122
03:04:59,85 --> 03:05:04,03
a Silicon Valley energy choice
clean energy Joe has put

2123
03:05:04,04 --> 03:05:08,27
a pressure on peony and we
need to put it. Unless we have

2124
03:05:08,28 --> 03:05:11,82
a solution ourselves they just
just brush you off you know just

2125
03:05:11,83 --> 03:05:14,46
a no cry lap I mean

2126
03:05:14,47 --> 03:05:20,52
a couple years ago when I went to express
my opinion to just just that the me now

2127
03:05:21,27 --> 03:05:25,56
if we do something and then challenge them
then they will improve otherwise there's

2128
03:05:25,57 --> 03:05:31,38
no way they will improve the defeat or
recovery it's a shame I mean city combat is

2129
03:05:31,39 --> 03:05:37,00
a high tech center of the work the fear
recovery of Ricci is the worst in the world

2130
03:05:37,15 --> 03:05:42,49
OK not divorce in the United States it
works in their work and in this we have to

2131
03:05:42,50 --> 03:05:42,64
be

2132
03:05:42,65 --> 03:05:47,95
a sham of it because all this political is
not willing to take action and then all

2133
03:05:47,96 --> 03:05:53,09
this business leader is just working for
the profits they're not. Warding to do

2134
03:05:53,10 --> 03:05:57,44
their fair share for the Society for the
community and that's what we have despite

2135
03:05:57,45 --> 03:06:02,41
all of them so he my opinion is time
to act it's time to act that night not

2136
03:06:02,46 --> 03:06:08,96
instruct the staff to go to try
to put it down. On the pad of.

2137
03:06:10,01 --> 03:06:10,55
December

2138
03:06:10,59 --> 03:06:14,89
a nonmember dish year the end of the year
and I hope we will pass before I my term

2139
03:06:14,90 --> 03:06:20,00
is done OK Well let me see if their support
provided nothing would you support

2140
03:06:20,01 --> 03:06:24,24
placing this on the ballot in twenty teens
so I go back to what I said what I said

2141
03:06:24,25 --> 03:06:29,22
was I needed language on both the gender
measure as well as the specific measure

2142
03:06:29,74 --> 03:06:34,82
and I'm both for twenty eighteen
as well as for twenty nine T.

2143
03:06:35,66 --> 03:06:38,65
OK so you would support twenty eighteen
council member change would support when

2144
03:06:38,66 --> 03:06:43,70
you know I did not sales of four twenty
eight well considering I want to and both I

2145
03:06:43,71 --> 03:06:47,02
want to see both you want to go along
with the aging of only nineteen council

2146
03:06:47,03 --> 03:06:50,98
members are for would you support because
we're focusing on this year right now

2147
03:06:51,16 --> 03:06:56,37
would you support twenty eighteen to have
this on the ballot on no no OK I wouldn't

2148
03:06:56,38 --> 03:06:59,75
support it either and
so it would it would be

2149
03:06:59,76 --> 03:07:05,10
a two to two wouldn't have sufficient amounts
I will support the direction to staff

2150
03:07:05,32 --> 03:07:11,07
to place it on the twenty nineteen or to
examine placing it on twenty nineteen for

2151
03:07:11,11 --> 03:07:12,05
both as you describe

2152
03:07:12,06 --> 03:07:17,71
a specific and general tax council member
Sharf would you support that. Yeah

2153
03:07:17,72 --> 03:07:21,60
definitely twenty one thousand I would
support even if there is the cost of an

2154
03:07:21,61 --> 03:07:22,95
election or council or

2155
03:07:22,96 --> 03:07:27,06
a change in the absence of twenty eighteen
Would you support the direction to stuff

2156
03:07:27,07 --> 03:07:31,64
to place it to examine placing
it on twenty nineteen as either

2157
03:07:31,65 --> 03:07:37,87
a general or specific tax. No OK because
you want to twenty eighteen I want to

2158
03:07:37,88 --> 03:07:38,51
twenty eight him

2159
03:07:38,52 --> 03:07:43,44
a kosher or or let me let me take it one
step further council member voting author

2160
03:07:43,83 --> 03:07:45,94
again the absence of clear we don't have

2161
03:07:45,95 --> 03:07:52,10
a majority there how about twenty twenty
Would you agree to give direction to staff

2162
03:07:52,11 --> 03:07:55,57
to examine placing it on twenty
twenty as a specific and

2163
03:07:55,58 --> 03:08:02,03
a general measure I didn't say no to twenty
nineteen but my my question here is I

2164
03:08:02,04 --> 03:08:07,33
need some guarantee between now and July
third that staff will talk to the bigger

2165
03:08:07,34 --> 03:08:13,04
employees I want something to come back
to us in two weeks I do not want to lose

2166
03:08:13,05 --> 03:08:19,52
this momentum that they have now or so.
There needs to be something that gives us

2167
03:08:20,48 --> 03:08:22,81
an opportunity to vote next time this is

2168
03:08:22,82 --> 03:08:27,83
a study session the giving directions we
still don't have any language for anybody

2169
03:08:27,84 --> 03:08:32,07
to measure and outside counselor said the
two weeks is enough time to fashion the

2170
03:08:32,08 --> 03:08:33,03
language for

2171
03:08:33,04 --> 03:08:36,52
a measure we don't have support for twenty
thousand ballot measure this morning

2172
03:08:36,71 --> 03:08:40,34
twenty one thousand I already said I was
OK with twenty eighteen or twenty ninety

2173
03:08:40,35 --> 03:08:43,73
but for twenty nineteen we would necessarily
have to come back in two weeks with

2174
03:08:43,74 --> 03:08:48,100
ballot measure language it would
be nice to see that now. I make

2175
03:08:49,01 --> 03:08:55,21
a motion that we instruct the step to to
the to bring it back and your life there

2176
03:08:56,28 --> 03:09:00,88
for both towards two thousand and eighteen
and two thousand one thousand comparison

2177
03:09:00,89 --> 03:09:07,85
the banner then which And then that the
council voted to live there. And make that

2178
03:09:07,86 --> 03:09:12,46
motion is a motion I'm just to
clarify is a is a motion is that

2179
03:09:12,47 --> 03:09:19,11
a session there is no action instruction
given to councils my understanding. We

2180
03:09:19,15 --> 03:09:23,41
still want to make sure majority of council
workers to right my thought make this

2181
03:09:23,42 --> 03:09:25,13
motion and then looking for

2182
03:09:25,14 --> 03:09:31,87
a second so say your motion again motion
to have to see staff to look into the bad

2183
03:09:31,88 --> 03:09:36,47
language for two thousand and eighteen and
two thousand and nineteen or so and then

2184
03:09:36,48 --> 03:09:40,70
and then with them whatever the requirement
you're like I wanted both specific and

2185
03:09:40,74 --> 03:09:47,37
under right right both both specific and
and general. So not mean you have to

2186
03:09:47,38 --> 03:09:51,46
carry it for Proposal OK so from council
just to be clear that most that that

2187
03:09:51,47 --> 03:09:52,42
motion you're passing

2188
03:09:52,43 --> 03:09:59,27
a motion to direct staff to bring back
and you like to write for twenty eight

2189
03:09:59,28 --> 03:10:04,15
thousand and twenty nineteen and then both
Channel and still have language that you

2190
03:10:04,16 --> 03:10:11,00
can consider in vote. For purposes of
posing for the Council of the tunnel

2191
03:10:11,01 --> 03:10:17,91
vote on it. Yet second I second that
as long as he can would separately

2192
03:10:17,92 --> 03:10:18,07
on

2193
03:10:18,08 --> 03:10:23,30
a done it surely and instead. We have to all
go together and then we have to separate

2194
03:10:23,31 --> 03:10:29,35
or you bring it back separate for different
proposal got it it just passed tonight

2195
03:10:29,47 --> 03:10:34,33
he passed away the one of the four proposals
two for twenty two thousand three

2196
03:10:34,34 --> 03:10:39,52
hundred nineteen two thousand two thousand
and eighteen for general purpose and two

2197
03:10:39,53 --> 03:10:43,61
thousand eight hundred for specific
purposes OK and two thousand nine hundred

2198
03:10:43,67 --> 03:10:48,52
general purpose and two thousand nine
hundred thirty per permit I would prefer to

2199
03:10:48,53 --> 03:10:52,48
separate the two things of twenty thousand
and twenty nineteen that's what ready to

2200
03:10:52,49 --> 03:10:56,06
be going with back that's what they were
good to bring back four different proposal

2201
03:10:56,07 --> 03:11:01,33
is not all tied together. I would vote
against it because of the twenty eighteen I

2202
03:11:01,34 --> 03:11:05,10
suspect of it so if you would you care to
break it down into two motions one for

2203
03:11:05,11 --> 03:11:11,56
twenty eighteen one for twenty
ninety. No I don't need to OK.

2204
03:11:13,27 --> 03:11:17,44
I would vote against in that case too I
mean I don't want to weigh top twenty

2205
03:11:17,45 --> 03:11:22,65
twenty I think that's way too long but
I do you know after meeting with some

2206
03:11:22,66 --> 03:11:27,71
businesses I do respect
that they would like to see

2207
03:11:28,60 --> 03:11:32,97
a specific plans on where this kind of
money would be spent before and I don't

2208
03:11:32,98 --> 03:11:39,31
think we can do that in just two weeks. I
thought we can bring this specific tax

2209
03:11:39,32 --> 03:11:45,52
measure in two weeks with some language
for transit. Yeah you can say it's for

2210
03:11:45,53 --> 03:11:51,60
transept but they can't say what specific
transit which is what I said I would see

2211
03:11:51,61 --> 03:11:54,57
twenty eighteen and the
language for twenty nine T.

2212
03:11:54,66 --> 03:12:00,25
I I have I offered that right at the
beginning or twenty one thousand are Specter

2213
03:12:00,95 --> 03:12:06,66
you know if you want break it out the.
Details are twenty nineteen because even in

2214
03:12:06,67 --> 03:12:12,21
my counsel questions before comments
before public comments I asked what do you

2215
03:12:12,22 --> 03:12:15,67
feel joined in with another organizations
measure school district or

2216
03:12:15,68 --> 03:12:19,45
a college in twenty nine thousand that's
where my questions began because I was

2217
03:12:19,46 --> 03:12:25,11
willing to consider twenty nineteen so
the fact that I suggested twenty one

2218
03:12:25,12 --> 03:12:31,34
thousand and twenty. Is what I'm suggesting
even now for the stuff to bring back

2219
03:12:31,35 --> 03:12:37,74
language and so I don't see what the what
the issue is here at all OK well let's

2220
03:12:37,75 --> 03:12:42,17
vote on this since. You have the twenty
eighteen and twenty one thousand considered

2221
03:12:42,18 --> 03:12:48,48
enjoy it with each other. Again. The asking
them to bring back language and you get

2222
03:12:48,49 --> 03:12:52,87
to water on it separately next week or
understand the motion so it's not joined

2223
03:12:52,88 --> 03:12:57,49
together while the motion asked for
language for twenty eighteen Unfortunately

2224
03:12:57,50 --> 03:13:02,51
ninety correct to be wanted on independent
player yeah right but this motion here

2225
03:13:02,79 --> 03:13:06,27
is one motion right for twenty
eight hundred twenty two right or

2226
03:13:06,28 --> 03:13:12,53
a. Please over let me just ask
council member Chang if he'll take

2227
03:13:12,54 --> 03:13:19,51
a friendly amendment No just
just do it this way you. Have

2228
03:13:19,52 --> 03:13:26,45
allowed thanks. And the. Say

2229
03:13:26,46 --> 03:13:31,19
we have to yes has to know so the motion
there is no action taken that's OK but

2230
03:13:32,06 --> 03:13:38,89
right then I will go back to my orange
nose which I said. Twenty nineteen Paul no

2231
03:13:38,93 --> 03:13:42,21
sinks absent. To see

2232
03:13:42,22 --> 03:13:46,93
a specific measure for the twenty nine
thousand election but that goes with

2233
03:13:46,97 --> 03:13:53,97
immediate effect like Mountain View suggesting
giving small businesses the time to

2234
03:13:53,98 --> 03:13:57,05
be phased in I want that language in

2235
03:13:57,06 --> 03:14:00,57
a twenty nine thousand measure I do not
want the small businesses to be affected

2236
03:14:00,58 --> 03:14:04,30
adversely Yeah I could go along without
I can I can support that with the

2237
03:14:04,31 --> 03:14:05,91
understanding that it
could be the beginning of

2238
03:14:05,92 --> 03:14:11,98
a conversation and there is some
time between now and twenty nineteen

2239
03:14:12,73 --> 03:14:17,00
to potentially even amend that language
because we're not close to any kind of

2240
03:14:17,04 --> 03:14:20,44
we're not taking award the public
the residents are not taking

2241
03:14:20,45 --> 03:14:25,06
a vote in twenty eighteen the staff is
bringing us back to language to consider

2242
03:14:25,13 --> 03:14:27,60
understood. And also

2243
03:14:27,61 --> 03:14:33,17
a timeline of phasing and giving us an
opportunity to talk to the businesses also

2244
03:14:33,18 --> 03:14:33,30
have

2245
03:14:33,31 --> 03:14:38,81
a sharp to do second the motion. Second time
please vote with your lights the motion

2246
03:14:39,20 --> 03:14:44,42
actually I would you prefer that one more
time the questing staff to come back with

2247
03:14:44,82 --> 03:14:48,99
a specific measure specific
tax measure so that

2248
03:14:48,100 --> 03:14:54,46
a four twenty nineteen election visit the
phasing for small business is being very

2249
03:14:54,47 --> 03:15:00,12
clear and also requesting stuff to have
that interaction with the business.

2250
03:15:01,42 --> 03:15:08,14
District What's the timeline on when you
want because. I would like to want on this

2251
03:15:08,15 --> 03:15:14,72
in two weeks OK. I'm not sure I
mean we can certainly vote on

2252
03:15:14,76 --> 03:15:18,80
language we have to pay with obviously to
we can call action which boneyard that's

2253
03:15:18,81 --> 03:15:23,96
totally OK just. If you can bring us back
to back to some language and is that

2254
03:15:23,100 --> 03:15:29,59
language. David modifiable between now
and when our deadline works of course of

2255
03:15:29,60 --> 03:15:34,58
course OK so let's go ahead and vote on
that council member Scharf are you still

2256
03:15:34,59 --> 03:15:37,75
second in the motion Yes OK
please vote with your lights.

2257
03:15:41,63 --> 03:15:46,52
And that motion carries with Chang
voting no and seems absent from today

2258
03:15:46,83 --> 03:15:51,18
a very good staff do you feel that you
have sufficient amounts of good ideas to

2259
03:15:51,19 --> 03:15:56,80
move forward I thank you very much we're
now at approximately ten fifteen with the

2260
03:15:57,36 --> 03:15:59,19
leave of our council I'd like to take

2261
03:15:59,20 --> 03:16:03,53
a five minute break with that be acceptable
to everyone OK Very good will reconvene

2262
03:16:03,54 --> 03:16:10,36
at ten twenty we are going to move
on to our concept I wonder is there

2263
03:16:10,37 --> 03:16:12,53
a motion on the consent Oh I wanted

2264
03:16:12,54 --> 03:16:19,08
a poll two items yes I am six an item nine

2265
03:16:19,99 --> 03:16:22,68
and I'd like to pull out
an eight and there's

2266
03:16:22,69 --> 03:16:29,15
a speaker on item seven as well OK so if I

2267
03:16:29,51 --> 03:16:36,12
have this right we're pulling six
seven eight and you say seven there's

2268
03:16:36,13 --> 03:16:41,65
a speaker on on number seven from the
public so six seven eight and nine right is

2269
03:16:41,66 --> 03:16:47,99
the speaker for. The study session
minutes for the city council minutes

2270
03:16:48,78 --> 03:16:55,69
it's just Item number seven OK I think.
I'm not sure that that it's pro the

2271
03:16:55,70 --> 03:17:01,14
right one but OK that the speaker has been
talking only about I think you said six

2272
03:17:01,19 --> 03:17:05,42
eight and. I said six
and nine six and not.

2273
03:17:11,11 --> 03:17:16,81
Six so we're polling six seven in the correct
also eight I am pulling eight you're

2274
03:17:16,82 --> 03:17:23,51
pulling in yes. All right
so that means that the

2275
03:17:23,52 --> 03:17:28,65
one of the remaining items are ten
eleven and twelve. And I have

2276
03:17:28,97 --> 03:17:35,12
a motion to approve ten eleven
twelve on consent so moved second

2277
03:17:35,82 --> 03:17:40,82
Thank you all in favor. Of what I.

2278
03:17:43,32 --> 03:17:49,09
Was actually afraid need to go over there
that I write OK and we redid it yes let

2279
03:17:49,10 --> 03:17:52,73
me read that. I'm doing
this because I have

2280
03:17:52,74 --> 03:17:57,24
a timer here that's why right now I'm
sitting here so. All right we're going to

2281
03:17:57,25 --> 03:18:04,05
vote again and then I should carries
with Paul absent Thank you all

2282
03:18:04,07 --> 03:18:10,74
right let's move to Item six which is the
June fourth study session city council

2283
03:18:10,75 --> 03:18:13,42
minutes Stephen.

2284
03:18:20,16 --> 03:18:26,77
Yeah I received an e-mail. About this
study session in the BALCO specific

2285
03:18:26,78 --> 03:18:33,77
plan and I think the speaker wanted
to speak on this one it was an issue.

2286
03:18:34,87 --> 03:18:40,13
The council directed staff to look into
Eli housing and that didn't appear in the

2287
03:18:40,14 --> 03:18:46,14
minutes. So if this.

2288
03:18:48,07 --> 03:18:52,86
Is the speaker here that they want to speak
on I had him earlier my mistake then

2289
03:18:52,87 --> 03:18:59,06
they want to speak on the next item. Yes.

2290
03:19:00,42 --> 03:19:06,31
Mr Mayor Yeah OK I did and I actually Chris
came forward Hartson on Item six and so

2291
03:19:06,63 --> 03:19:13,12
we'll call Janet and Zoran and then Conny
on him all right thank you just got these

2292
03:19:13,13 --> 03:19:20,04
cards. Hello again. I was very
concerned that the minutes did not

2293
03:19:20,05 --> 03:19:26,73
include the direction given by several
council members to staff specifically to

2294
03:19:26,74 --> 03:19:32,90
study including forty units of extremely
low income housing for people with

2295
03:19:32,91 --> 03:19:39,10
developmental disabilities. Is it possible
for you to do something to make sure

2296
03:19:39,11 --> 03:19:43,58
that that gets into the minutes should
be included Grace can you put in.

2297
03:19:45,97 --> 03:19:52,76
While you want to finish the rest of the
speakers or yes that's OK thank you. OK

2298
03:19:52,93 --> 03:19:55,39
And then we have Kami coming to him

2299
03:20:02,48 --> 03:20:07,91
Hi I'm conning Cunningham and I'm basically
here to reiterate what Janet asked for

2300
03:20:08,03 --> 03:20:14,76
very very specifically asking for
the forty units for exceptionally

2301
03:20:14,77 --> 03:20:19,16
low extremely low income for
developmentally disadvantaged which is

2302
03:20:19,17 --> 03:20:25,34
a very specific group of people. So I just
wanted to add my word of support to hers

2303
03:20:25,74 --> 03:20:32,48
THANK YOU THANK YOU OK what's the
pleasure of the council Yeah

2304
03:20:32,64 --> 03:20:35,92
I did make that question so it
should be re fact in there in

2305
03:20:35,93 --> 03:20:42,63
a council meeting and I think other council
also expressed that and second that. I

2306
03:20:42,64 --> 03:20:46,36
have no problem in adding that so I guess
you would go back and review the video

2307
03:20:46,37 --> 03:20:49,100
and see who who say What
Yes look it's confirm with

2308
03:20:50,14 --> 03:20:55,43
a staff and video and make sure that that
was the consensus of the council to add

2309
03:20:55,44 --> 03:21:01,62
that you could or at least specify who was
who spoke to those points right right

2310
03:21:01,75 --> 03:21:08,57
specifically which councilman OK. Thank
you. So that's vote on it and here on it

2311
03:21:08,98 --> 03:21:13,70
unless there's more discussion we'll go
back and get specific about who said what

2312
03:21:13,71 --> 03:21:16,64
on that I were to my right
OPIC and I believe there's

2313
03:21:16,65 --> 03:21:22,52
a majority for Hubie on to be effective
OK OK let's vote I'm sorry who made the

2314
03:21:22,53 --> 03:21:28,19
motion. I second it. To be to make

2315
03:21:28,20 --> 03:21:31,81
a motion OK And he that's why I thought
it was the other we don't but that's

2316
03:21:31,82 --> 03:21:33,49
Tokidoki all I make

2317
03:21:33,50 --> 03:21:37,32
a motion I mean like OK I heard Barry
make the motion I heard to be nice

2318
03:21:37,33 --> 03:21:41,05
a candidate or you want to go back and
review and think well sure we're accurately

2319
03:21:41,06 --> 03:21:45,79
recorded council members comments
OK Thank you that's about them six.

2320
03:21:48,45 --> 03:21:55,24
Motion carries with Paul absent thank
you we will then move to. Consent item

2321
03:21:56,30 --> 03:21:58,63
seven and I have

2322
03:21:58,73 --> 03:22:04,69
a speaker card Randi showing I this is the

2323
03:22:05,13 --> 03:22:11,95
subject is the June fifth city council
minutes which are we're looking for

2324
03:22:12,15 --> 03:22:18,86
approval and go ahead OK so the
June fifth minutes reference

2325
03:22:18,87 --> 03:22:25,39
the approval on. The me

2326
03:22:25,40 --> 03:22:28,03
fifteen minutes in the
May fifteen minutes had

2327
03:22:28,04 --> 03:22:34,89
a discussion on the approval
of. The mail eleven minutes

2328
03:22:35,33 --> 03:22:40,41
so I get to speak on the mail over minutes
which which was not approved and should

2329
03:22:40,42 --> 03:22:45,86
have been approved I guess today because
that was probably spending in any of it.

2330
03:22:47,52 --> 03:22:52,21
I you know it was nosing around that I
found here know that there were there were

2331
03:22:52,22 --> 03:22:58,83
these letters sent. About
close session. And

2332
03:22:59,06 --> 03:23:05,68
in particular one paragraph
really caught my attention. And

2333
03:23:05,95 --> 03:23:10,09
when he read it said now there are
now that there's been an S.P.

2334
03:23:10,10 --> 03:23:14,31
Thirty five application filed with the
city I am concerned that Randy Holmes

2335
03:23:14,32 --> 03:23:16,30
approach will result in lawsuits on

2336
03:23:16,31 --> 03:23:19,49
a much larger scale than
the penny any measure C.

2337
03:23:19,50 --> 03:23:25,18
Lawsuit initiated by Steven Scharf and the
better Cupertino PAC please disqualify

2338
03:23:25,22 --> 03:23:29,55
consul in charge from the vote
since he's a party in active would

2339
03:23:29,56 --> 03:23:31,41
a geisha in where the city attorney is

2340
03:23:31,42 --> 03:23:35,70
a legal representative of the
city. His opponent which creates

2341
03:23:35,71 --> 03:23:42,30
a conflict of interest. You know
this is close session and people may

2342
03:23:42,31 --> 03:23:43,45
be assuming

2343
03:23:43,46 --> 03:23:49,03
a lot of things but it's. You know it's
just up plausible that people are assuming

2344
03:23:49,07 --> 03:23:53,27
that much so I mean it's unseemly to have

2345
03:23:53,51 --> 03:23:59,49
a closed session where people
seem to know what's going on and

2346
03:24:00,25 --> 03:24:02,25
in this this whole issue of S.P.

2347
03:24:02,26 --> 03:24:04,85
Thirty five and whether or not

2348
03:24:04,86 --> 03:24:11,82
a lawyer is going to be you know
doing something or another. You

2349
03:24:11,83 --> 03:24:18,01
know the public is asking those questions
because it does seem unseemly and.

2350
03:24:20,07 --> 03:24:26,35
You know it just doesn't seem right
so. You know I you know I appreciate

2351
03:24:27,28 --> 03:24:29,50
that there is going to be a report on S.P.

2352
03:24:29,51 --> 03:24:36,37
Thirty five at the end of this meeting but
you know I think the situation with the

2353
03:24:36,39 --> 03:24:40,75
city attorney needs to be addressed and
I don't you know if you don't take an

2354
03:24:40,76 --> 03:24:47,02
action I think it still needs to be addressed
you have the ability you can vote.

2355
03:24:47,80 --> 03:24:54,30
To make the information available and I
think you should really think about. Doing

2356
03:24:54,31 --> 03:24:58,36
that because. All this
stuff kind of puts you in

2357
03:24:58,37 --> 03:25:03,04
a bad light. So can I send Randy

2358
03:25:03,05 --> 03:25:09,24
a question yet Randy. You seen

2359
03:25:09,91 --> 03:25:16,85
belong to the Crow sashing the public
should know right. Well you know if there's

2360
03:25:16,86 --> 03:25:18,82
an action taken the public has

2361
03:25:18,83 --> 03:25:24,60
a right to know I mean that's you know
that's brought act right now because our all

2362
03:25:24,61 --> 03:25:29,60
I mean I mean obviously I mean how people
flee if the city attorney would rather it

2363
03:25:29,61 --> 03:25:35,91
not be disclosed OK but but I but
I feel that it is in the public

2364
03:25:35,95 --> 03:25:41,72
interest to be transparent on this
issue because it really really stinks.

2365
03:25:43,14 --> 03:25:43,78
What is

2366
03:25:43,79 --> 03:25:48,13
a very what issue is that we're talking
about the minutes of June fifth you have

2367
03:25:48,14 --> 03:25:51,87
something pertinent the minutes of June
fifth that you'd like changed all this I

2368
03:25:51,88 --> 03:25:56,16
mean this this this issue was the reason
you didn't approve the May eleventh

2369
03:25:56,17 --> 03:26:03,16
minutes that were reported it in the in
the June fifth minutes OK so it's all

2370
03:26:03,66 --> 03:26:04,04
you know

2371
03:26:04,05 --> 03:26:10,43
a big chain right so you're talking about
someone in the cross section disclosing

2372
03:26:10,90 --> 03:26:15,25
the cross section you choose not to bring
Act violations Well the remote hole there

2373
03:26:15,26 --> 03:26:21,21
are multiple closed session right issues
yeah so so this was in the chain of so

2374
03:26:21,22 --> 03:26:26,08
that at least you read is from the public
is not from the council right I just want

2375
03:26:26,09 --> 03:26:31,60
to be carried by OK when you read you just
read is from the public comment it's not

2376
03:26:31,61 --> 03:26:37,84
from the council Co OK sir that's exactly
right right. Now it's so how would that

2377
03:26:37,85 --> 03:26:41,66
person get this information I write to how
that how did NOT get person got up not

2378
03:26:41,67 --> 03:26:41,99
yet on

2379
03:26:42,00 --> 03:26:45,98
a sheet Yeah and that's the problem of
discounts or need to review need to review

2380
03:26:46,22 --> 03:26:52,99
a cell we following the wrong at any one
of us may be embodied she disclosed

2381
03:26:53,79 --> 03:26:59,80
the information to the up to the up so
that's why she know everything. But I also

2382
03:26:59,81 --> 03:27:04,17
feel like I also feel this
carve it is is is not

2383
03:27:04,22 --> 03:27:08,67
a so I'm sorry but I'm going to rule this
out of order we're talking about the June

2384
03:27:08,68 --> 03:27:14,17
fifth meaning then that's OK if if if there's
something pertinent to say about the

2385
03:27:14,18 --> 03:27:20,46
June fifth meeting minutes. And somebody
wants to up here wants to amend those

2386
03:27:20,47 --> 03:27:25,19
meeting minutes that's what's open I
can't take public comment on things that

2387
03:27:25,20 --> 03:27:30,54
aren't agenda in the world where they approve
those minutes no no you were supposed

2388
03:27:30,55 --> 03:27:36,23
to bring this back that were the description
of what you did at that meeting is is

2389
03:27:36,24 --> 03:27:42,09
what you're approving and it you know it
goes back to the mayor loves me and so

2390
03:27:42,10 --> 03:27:49,04
it's absolutely not unrelated So can I ask
the city attorney is that require that

2391
03:27:49,13 --> 03:27:54,68
when we don't approve minutes. That in
some future meeting we go back and do

2392
03:27:54,69 --> 03:28:01,49
approve those minutes. That is correct
and the minutes that you refer referring

2393
03:28:01,50 --> 03:28:06,16
to were supposed to come back after
questions were raised about Brownback two

2394
03:28:06,17 --> 03:28:11,10
regularities they have been reviewed there's
no way regularities them minutes are

2395
03:28:11,11 --> 03:28:17,02
up procreate and they can be adopted
today. Mr Singh I was referring to the May

2396
03:28:17,03 --> 03:28:23,86
fifteenth minutes which are coming back
on your July third meeting on. OK So that

2397
03:28:23,87 --> 03:28:28,34
explains as though they were never approved
right why is it taking so long to bring

2398
03:28:28,35 --> 03:28:35,16
them back takes time. OK Well you know I
mean that's just you know it just creates

2399
03:28:35,16 --> 03:28:39,09
more mystery right all right so
all right so I'm looking for

2400
03:28:39,09 --> 03:28:45,14
a motion. Item seven this is
approval of June fourth minutes

2401
03:28:47,65 --> 03:28:51,76
and I have a motion I move to
approve to approve Is there

2402
03:28:51,77 --> 03:28:56,32
a second set in thank you
very much let's focus.

2403
03:29:01,05 --> 03:29:05,53
And the motion carried with carries with
Paul out today and our mayor is returning

2404
03:29:05,54 --> 03:29:11,93
for our next item so Darcy we. Were
taking items eight and nine and we have

2405
03:29:11,97 --> 03:29:18,92
a card on the line and Stephen asked to
pull it OK. I didn't ask for it I asked for

2406
03:29:18,93 --> 03:29:25,87
nine All right. Thank you very much for I

2407
03:29:25,88 --> 03:29:32,00
swear six appreciate the extra time to
recover from the excitement of the evenings

2408
03:29:32,01 --> 03:29:38,26
and thus far. We have.
Yes item number eight

2409
03:29:39,21 --> 03:29:41,18
is to declare brush to be

2410
03:29:41,19 --> 03:29:45,68
a potential fire hazard and set hearing
for July third for the determination of

2411
03:29:45,69 --> 03:29:51,12
public nuisance and for objections to
proposed removal. There are no speaker cards

2412
03:29:51,13 --> 03:29:51,61
on the side there is

2413
03:29:51,62 --> 03:29:57,99
a correct correct and the reason for being
polled is we have heard from the. Santa

2414
03:29:58,00 --> 03:30:04,86
Clara County Fire that all of the parcels
in the side them have been inspected and

2415
03:30:04,87 --> 03:30:09,57
are in compliance with the wildlife urban
interface and forest safety regulations

2416
03:30:09,58 --> 03:30:11,18
so there is no need for

2417
03:30:11,23 --> 03:30:17,79
a hearing to be set so this item can be
tabled OK very good until it comes back on

2418
03:30:17,80 --> 03:30:23,57
table legs straight. It's next year so
next year you go to the same cycle that

2419
03:30:23,58 --> 03:30:28,03
you're saying right so all those
parcels sometimes we have quite

2420
03:30:28,04 --> 03:30:32,77
a few of them right right all got handled
they all got handled this time they are

2421
03:30:32,78 --> 03:30:38,78
to our residents and those rights under
very well done very well done so the they

2422
03:30:38,79 --> 03:30:43,71
step up in terms of water conservation they
step up in terms of the effects of the

2423
03:30:43,81 --> 03:30:45,04
conservation so it's

2424
03:30:45,05 --> 03:30:52,05
a real kudos to our community I did
Number nine is. A lifetime contract

2425
03:30:52,62 --> 03:30:57,55
the subject is agreement extension and
amendment with lifetime tennis incorporating

2426
03:30:57,56 --> 03:31:03,83
doing business as lifetime activities
incorporated. I believe that did you pull

2427
03:31:03,84 --> 03:31:09,46
this from the idea of and some calendar
would you like to I feel right now about

2428
03:31:09,50 --> 03:31:11,79
a month ago I had

2429
03:31:11,80 --> 03:31:18,53
a discussion with. City attorney
Randy hom regarding this and he was

2430
03:31:18,54 --> 03:31:24,44
extremely concerned about. This
contract not being put out for bid

2431
03:31:25,32 --> 03:31:27,08
and I would like

2432
03:31:27,09 --> 03:31:31,58
a staff report on this to see what we're
giving up with this contract I can't find

2433
03:31:31,59 --> 03:31:37,96
it now it seems like we are reducing the
percentage we get from Lifetime tennis is

2434
03:31:37,97 --> 03:31:42,85
that true. You have exchange
for a flat every So it's now

2435
03:31:42,89 --> 03:31:49,39
a flat rate with some percentage but the
percentage is less than what it used to be

2436
03:31:49,49 --> 03:31:54,40
or grew twenty and now it's sixteen I think
we have the assistant director of our

2437
03:31:55,18 --> 03:31:59,67
recreation Community Services Department
Christine handle here welcome Christine

2438
03:31:59,76 --> 03:32:05,17
right thank you. Yes So the restructuring
of the contract over the course of the

2439
03:32:05,18 --> 03:32:11,12
next six years the city would. On average
be making three hundred thirty seven

2440
03:32:11,13 --> 03:32:12,80
thousand five hundred dollars

2441
03:32:13,10 --> 03:32:18,49
a year and that in the case of an economic
economic downturn we would be guaranteed

2442
03:32:18,50 --> 03:32:22,55
that money so the life of the next six
years would be two million twenty five

2443
03:32:22,56 --> 03:32:28,32
thousand dollars. And we did not go out
to bed just because of in the original

2444
03:32:28,33 --> 03:32:34,56
agreement and Section six it does provide
us the option to extend the agreement. Is

2445
03:32:34,57 --> 03:32:38,18
long as we gave notice to the vendor which
we did on November twenty eighth twenty

2446
03:32:38,19 --> 03:32:43,03
seventeen OK Can the city
attorney comment on this.

2447
03:32:48,05 --> 03:32:52,47
So the staff is correct that the
existing agreement provides for

2448
03:32:52,48 --> 03:32:58,87
a six year extension. The city attorney
soffits will highly recommend him as

2449
03:32:58,88 --> 03:33:03,74
counsel for direction this kinds of
contracts there are sold lengthy in this

2450
03:33:03,75 --> 03:33:07,80
instance provider has been providing
services to the citizens nine hundred ninety

2451
03:33:07,81 --> 03:33:12,25
four it is highly recommended it may
be it's a best practice to you submit

2452
03:33:12,26 --> 03:33:18,93
a resolution with propose contract and that
their resolution highlights for you as

2453
03:33:18,94 --> 03:33:24,33
a council very critical
provisions including that

2454
03:33:24,34 --> 03:33:28,41
a contract that you are approved for six
years becomes the trial of you contract

2455
03:33:28,42 --> 03:33:35,29
etc without return to council so we did
recommend that this contract go out to bed

2456
03:33:36,03 --> 03:33:40,69
it is typical of this kind of you know
certainly significant farms involved that

2457
03:33:40,99 --> 03:33:43,96
you make it a competitive
problem a process that is

2458
03:33:43,97 --> 03:33:48,38
a best practice but step is correct
that the existing contracts provide for

2459
03:33:48,39 --> 03:33:55,21
a six year extension the council has the
authority to decide otherwise based on

2460
03:33:55,33 --> 03:34:02,06
the council report and that's why
step is here. OK thank you so are we

2461
03:34:02,07 --> 03:34:07,14
obligated to extend all at once first
all six years or how does that work

2462
03:34:09,54 --> 03:34:11,72
the existing contract allows for up to

2463
03:34:11,73 --> 03:34:16,33
a six year extension is it is up to the
city council to determine whether you were

2464
03:34:16,34 --> 03:34:17,46
OK so we could do

2465
03:34:17,47 --> 03:34:24,05
a one year extension up we wanted to and.
Maybe put it out for better next year I

2466
03:34:24,06 --> 03:34:27,93
think that is within your discretion OK
let me tell you the comment thank you the

2467
03:34:27,94 --> 03:34:31,89
notion of you sign it for six year
now you're tied up will succeed

2468
03:34:35,10 --> 03:34:39,55
but I think the city attorney was stating
that we could potentially extended for

2469
03:34:39,56 --> 03:34:45,54
one year rather than six we can do that
to be extended for one year we can extend

2470
03:34:45,55 --> 03:34:49,92
a full two year is the
outcome here. I guess.

2471
03:34:53,12 --> 03:34:57,92
Yes we have Dana Gale who is the president
with lifetime activities if you would

2472
03:34:57,93 --> 03:35:03,93
like him to come up sure what you
were asking yeah yeah. Welcome Dana.

2473
03:35:06,55 --> 03:35:12,29
Scharf you have some questions now I
just wonder why the percentage is being

2474
03:35:12,30 --> 03:35:17,12
reduced the why you are requesting it being
reduced from twenty percent to sixteen

2475
03:35:17,13 --> 03:35:23,15
percent. Well if you look at the details
of this this is morphed over the span of

2476
03:35:23,16 --> 03:35:28,16
our time there's been many many different
agreements and along the way there have

2477
03:35:28,17 --> 03:35:34,39
been additions in the middle of an agreement
where that an administrative fee and

2478
03:35:34,63 --> 03:35:39,97
we've added rent along the way we've
added some additional. Activities some

2479
03:35:39,98 --> 03:35:45,20
activities were co-existing so you couldn't
necessarily blend an activity like

2480
03:35:45,21 --> 03:35:47,62
tennis and chess couldn't be blended as

2481
03:35:47,63 --> 03:35:54,62
a combination even though we get requests
for for those types of experiences and so

2482
03:35:54,63 --> 03:36:01,61
in the negotiation period we've proposed
an all in guarantee we've never

2483
03:36:01,62 --> 03:36:03,31
had a guarantee it's always been

2484
03:36:03,32 --> 03:36:08,94
a percentage if you look at there are
fluctuations in years as to what that

2485
03:36:08,95 --> 03:36:11,32
percentage equals there's

2486
03:36:11,33 --> 03:36:15,05
a lot of moving parts with that percentage
it isn't just an eighty twenty it's an

2487
03:36:15,06 --> 03:36:18,37
eighty twenty two a million and
then it's ninety five five after

2488
03:36:18,38 --> 03:36:23,80
a million for tennis and then there's an
admin fee and then there's rent and so

2489
03:36:23,81 --> 03:36:23,96
there's

2490
03:36:23,97 --> 03:36:30,80
a lot of different moving pieces. And so
we came back with what has been our common

2491
03:36:30,81 --> 03:36:34,98
practice in the other communities
that. That we serve is

2492
03:36:34,99 --> 03:36:38,03
a guaranteed guarantee for our budget it's

2493
03:36:38,04 --> 03:36:41,79
a guarantee for the
city's budget. And it's

2494
03:36:41,80 --> 03:36:48,70
a guarantee that tire than has been received
in the last six years and so and as

2495
03:36:48,71 --> 03:36:52,05
a. Additional element there is

2496
03:36:52,06 --> 03:36:57,48
a percentage on the back end.
So that it would guarantee

2497
03:36:57,49 --> 03:37:02,98
a higher total amount over six years with
the opportunity of that being in even

2498
03:37:02,99 --> 03:37:05,16
bigger numbers because if we triggered

2499
03:37:05,45 --> 03:37:10,99
a certain revenue structure it would
trigger the the sixteen percent above the

2500
03:37:11,00 --> 03:37:13,51
guarantee and so it's a it's a it's

2501
03:37:13,52 --> 03:37:18,18
a different concept. But it's certainly in

2502
03:37:18,19 --> 03:37:23,85
a time when not everyone is offering certainty
we are offering more overall revenue

2503
03:37:23,86 --> 03:37:28,67
for six years with the opportunity of that
being an even greater number because we

2504
03:37:28,68 --> 03:37:35,65
would pay an add on amount at the end
of the year if it so was triggered OK

2505
03:37:35,66 --> 03:37:40,52
And the last time this contract came up
I was on the council but if I remember

2506
03:37:40,53 --> 03:37:45,85
correctly were there any
other bidders on this I can.

2507
03:37:49,49 --> 03:37:52,66
Welcome back Christine yes thank you this
vendor was the only one that met the

2508
03:37:52,67 --> 03:37:57,16
qualifications and I just wanted to add
as well that over the last six years the

2509
03:37:57,17 --> 03:38:02,23
average that we've received annually has
been three hundred and nineteen thousand

2510
03:38:02,24 --> 03:38:06,99
and so now it will increase to three thirty
five on an average yearly average basis

2511
03:38:07,23 --> 03:38:11,93
so there is actually three three instruments
five yes according to the staff report

2512
03:38:12,25 --> 03:38:18,61
right I see OK thank you so that really
any further questions of stuff or the

2513
03:38:19,27 --> 03:38:20,68
welcome and I'm still leery about

2514
03:38:20,70 --> 03:38:27,43
a six year extension OK I mean.
So could you help us out with

2515
03:38:27,81 --> 03:38:34,65
thinking about the length of this
agreement and when the truth is right

2516
03:38:34,66 --> 03:38:39,85
we've costs are going up everywhere and
land is more valuable facilities are more

2517
03:38:39,86 --> 03:38:46,74
valuable What are your thoughts. On
this again agreement and that's why.

2518
03:38:49,46 --> 03:38:51,72
Stephy good we feel as though it's

2519
03:38:51,73 --> 03:38:58,62
a fair agreement. Lifetime
activities is. Probably

2520
03:38:58,63 --> 03:39:03,06
one of the best partners we have they are
committed to the community they provide

2521
03:39:03,07 --> 03:39:09,01
an excellent service. And their numbers
continue to increase and they've been

2522
03:39:09,02 --> 03:39:14,37
a valuable partner since one thousand nine
hundred four so we feel good about it we

2523
03:39:14,38 --> 03:39:20,26
service approximately six thousand
folks in our program so there's

2524
03:39:20,27 --> 03:39:27,26
a huge impact if we if we change providers
or think about that so so we feel good

2525
03:39:27,71 --> 03:39:32,97
we're very satisfied with the service
that they provide so just looking at the

2526
03:39:32,98 --> 03:39:39,40
numbers in the last two years we include
this the end of this year projected

2527
03:39:39,91 --> 03:39:45,78
you've got three hundred fifty thousand
twenty sixteen seventeen then three sixty

2528
03:39:45,79 --> 03:39:51,33
thousand and twenty seventeen eighteen
if we look at what's being proposed here

2529
03:39:52,31 --> 03:39:56,73
next year we would drop that from three
sixty down to three twenty five can you

2530
03:39:56,73 --> 03:40:02,12
comment on the. Yes we were just we were
again we're looking at the average over

2531
03:40:02,14 --> 03:40:05,69
the last six years and yes it did
slightly increase and that is

2532
03:40:05,69 --> 03:40:11,66
a result of adding some additional activities
but. We feel that we've also gotten

2533
03:40:11,68 --> 03:40:11,78
to

2534
03:40:11,79 --> 03:40:16,78
a point here with the existing facilities
that we have that were or maxed out on what

2535
03:40:16,79 --> 03:40:23,65
we can offer in the facility that we
have well if you've got three fifty two

2536
03:40:23,66 --> 03:40:28,50
years ago and three sixty this year. Is
it not reasonable to think that we could

2537
03:40:28,51 --> 03:40:35,48
continue it three sixty.
I'm not sure about

2538
03:40:35,49 --> 03:40:39,28
that that's projection for this year we're
not this fiscal year is not completed

2539
03:40:39,72 --> 03:40:45,85
right now around last year is Right right
yes I understand at three forty nine

2540
03:40:46,77 --> 03:40:53,65
yes reselling ourselves short
is what I'm asking. At this

2541
03:40:53,66 --> 03:40:58,35
point I don't I don't believe that we are
but I am happy to negotiate however the

2542
03:40:58,36 --> 03:41:05,02
council would like. Yeah I mean it seems

2543
03:41:05,03 --> 03:41:10,61
like our revenue is going down from this
instead of opposite except now we have

2544
03:41:10,62 --> 03:41:14,26
a guarantee which we didn't
have before in case there's

2545
03:41:14,27 --> 03:41:21,01
a recession or. Drop in people
signing up for lessons in which case

2546
03:41:21,45 --> 03:41:26,14
where would the money come from to pay the
city if if the revenue is not coming in

2547
03:41:26,15 --> 03:41:31,57
to the franchisee or however you know
by the time tennis is described.

2548
03:41:34,14 --> 03:41:40,50
As her please. When I started

2549
03:41:41,09 --> 03:41:47,25
the percentage it was what it was only.
The only way to do things no one ever

2550
03:41:47,26 --> 03:41:49,43
offered a certainty no one ever offered

2551
03:41:49,44 --> 03:41:55,11
a guarantee. And throughout California
and throughout much of the country that

2552
03:41:55,12 --> 03:42:01,54
still the case certainty is where. I
think the economy's doing fantastic

2553
03:42:02,14 --> 03:42:07,84
and I think everyone's performance most
businesses most near civil budgets.

2554
03:42:09,58 --> 03:42:14,08
Are probably seeing better and brighter
days right now. But I think you would be

2555
03:42:14,09 --> 03:42:17,74
naive to think that every year there's
going to be you know greater surplus than

2556
03:42:17,75 --> 03:42:23,91
there was last year with any business
and with any surplus So this proposal

2557
03:42:23,92 --> 03:42:24,43
provided

2558
03:42:24,47 --> 03:42:30,62
a guarantee absolutely but it provided the
upside if the business were to continue

2559
03:42:30,86 --> 03:42:37,86
to grow as well and the previous
arrangement did not do that and there are

2560
03:42:38,07 --> 03:42:44,73
there are down years there are rainy
years there's. Twenty four years and

2561
03:42:45,13 --> 03:42:49,40
I've seen a couple of
recessions and. There's

2562
03:42:49,41 --> 03:42:53,32
a reason why my my my wife's not here to
support this because she would just as

2563
03:42:53,33 --> 03:42:59,09
soon stay with the percentage because in
down years you share the pain and she

2564
03:42:59,10 --> 03:43:05,36
don't necessarily agree with the principle
but. I believe in certainty and I bank

2565
03:43:05,37 --> 03:43:07,95
on ourselves to be able to retain

2566
03:43:08,10 --> 03:43:12,06
a career staff members to be able to
budget for our own business our own

2567
03:43:12,07 --> 03:43:17,94
replacement cost. And that's why we
offered not only a guarantee but

2568
03:43:17,95 --> 03:43:24,89
a percentage so that was negotiated
in good faith I think it's a it's

2569
03:43:24,90 --> 03:43:30,95
a win win from in you know from from the
certainty side standpoint not only for the

2570
03:43:30,96 --> 03:43:37,83
city but for lifetime and when it
comes to our agreements. We've had

2571
03:43:37,84 --> 03:43:41,78
several We start with the one I think
we had a one followed by three three

2572
03:43:42,04 --> 03:43:42,67
a five and

2573
03:43:42,68 --> 03:43:48,96
a couple of sixes. Each one of those was
negotiated for the duration of that time.

2574
03:43:50,45 --> 03:43:56,21
It didn't go backwards one didn't go.
Too well I should say this A three year

2575
03:43:56,22 --> 03:44:00,54
contract didn't go to a one year contract
a five year contract didn't go to

2576
03:44:00,55 --> 03:44:06,54
a three year contract and I think it was
in good faith that our efforts in the

2577
03:44:06,55 --> 03:44:13,09
community our reliability
our. Arse and certainty.

2578
03:44:14,75 --> 03:44:20,14
Was rewarded in those types of contract
LNG so we can also retain the best staff

2579
03:44:20,18 --> 03:44:25,56
possible we don't have agreements
where we've gone backwards we we have

2580
03:44:25,57 --> 03:44:30,23
a fifteen year agreement in the city of
Sonny Bill. And you know we have seven year

2581
03:44:30,24 --> 03:44:35,46
agreement in the city of Pleasanton five
year agreements and in more creek and

2582
03:44:35,47 --> 03:44:40,55
Santa Clara Yeah I'm really not talking
about the years that it's more the fact

2583
03:44:40,56 --> 03:44:43,67
that. You know are we better off as

2584
03:44:43,68 --> 03:44:50,57
a city trading. Lower probable
revenue for the certainty that that

2585
03:44:50,58 --> 03:44:53,19
revenue is going to be
available even if there's

2586
03:44:53,20 --> 03:45:00,06
a recession and I mean if there were
recession and you lost many of your students

2587
03:45:00,07 --> 03:45:05,34
how would you even pay that guarantee is
that from you know money that you banked

2588
03:45:05,35 --> 03:45:08,54
over the years or well we're not

2589
03:45:08,55 --> 03:45:13,71
a startup and we do we do have financial
reserves you know we do have our own.

2590
03:45:14,81 --> 03:45:20,09
Business development funds we do have our
own. You know we were twenty four over

2591
03:45:20,10 --> 03:45:24,40
twenty five years and we saw it we had our
twenty fifth anniversary in January we

2592
03:45:24,41 --> 03:45:29,76
have multiple sites and so. If there's

2593
03:45:29,77 --> 03:45:33,53
a recession as an operator we're
probably the least of your concerns as

2594
03:45:33,54 --> 03:45:37,51
a contractor possibly not being able
to pay their bills and you have

2595
03:45:37,56 --> 03:45:41,75
a much smaller contractors that would
probably just go out of business and we're

2596
03:45:41,94 --> 03:45:47,63
we're mature stablished and you know you
pride yourselves and in how you manage

2597
03:45:47,64 --> 03:45:53,20
your budgets and how fiscally
responsible you are. I believe it's

2598
03:45:53,21 --> 03:45:55,74
a testament to our company that
we could actually offer you

2599
03:45:55,75 --> 03:46:02,52
a guarantee I think that's about as fiscally
responsible anybody can be OK. And.

2600
03:46:03,61 --> 03:46:03,90
I had

2601
03:46:03,91 --> 03:46:08,31
a question tell some of it enough so when
you get students at what days do they

2602
03:46:08,31 --> 03:46:12,51
start and how long do they stay but
do you. Well we're blessed with

2603
03:46:12,52 --> 03:46:16,79
a very long runway we have students that
can learn the game of tennis and four

2604
03:46:16,80 --> 03:46:21,96
years old. And. Mr Ed Hirschfield who's

2605
03:46:21,97 --> 03:46:27,06
a supporter and and made it through about
three hours and fifteen minutes. And said

2606
03:46:27,07 --> 03:46:31,64
I can't quite make it do you want or and
he's in his eighty's and he continues to

2607
03:46:31,65 --> 03:46:33,79
be a student of ours on

2608
03:46:33,80 --> 03:46:39,09
a regular basis and he's not the oldest
he was just going to be the senior member

2609
03:46:39,31 --> 03:46:41,34
here tonight and so it's

2610
03:46:41,35 --> 03:46:47,64
a very long you know list of.
Participants and it is a sport for

2611
03:46:47,65 --> 03:46:52,27
a lifetime we picked it as part of our
name just to leverage on that side of the

2612
03:46:52,28 --> 03:46:58,44
equation. And so it's
it's nice when you have

2613
03:46:58,56 --> 03:47:04,78
a large. Customer base you know from it
comes an opportunity to serve people.

2614
03:47:06,14 --> 03:47:06,84
Because you got

2615
03:47:06,85 --> 03:47:12,99
a few e-mails. Good endorsements for your
facility from parents of students of

2616
03:47:13,00 --> 03:47:16,81
fields which is why I asked that question
yes thank you thank you because I'm

2617
03:47:16,82 --> 03:47:21,28
avoiding often change any
questions by smear syncs has

2618
03:47:21,29 --> 03:47:28,14
a follow up question so I've heard great
things about your program and I know that

2619
03:47:28,87 --> 03:47:34,96
people operating at your level there are
many oh so. I do understand why we might

2620
03:47:34,97 --> 03:47:38,78
want to. Work on

2621
03:47:38,79 --> 03:47:43,02
a contract that gives you some certainty
in terms of years and so forth but I'm

2622
03:47:43,03 --> 03:47:48,06
wondering if you mentioned your wife would
be just as happy continuing with the

2623
03:47:48,07 --> 03:47:54,65
current arrangement would you.
The current arrangement is

2624
03:47:54,84 --> 03:47:55,10
like

2625
03:47:55,11 --> 03:47:59,66
a home remodel that had seven or different
looks since the one nine hundred fifty

2626
03:47:59,67 --> 03:48:06,30
S. I think you know this concept cleans
up how the operation works there there is

2627
03:48:06,31 --> 03:48:11,51
a lack of synergy with the way the existing
contract has morphed like I said for

2628
03:48:11,52 --> 03:48:17,68
example. There are different percentages
there are different admin fees there are

2629
03:48:17,69 --> 03:48:22,42
fluctuations in the. In
the benefit to us over

2630
03:48:22,43 --> 03:48:29,23
a million. And you know I could certainly
argue as saying oh I like that ninety

2631
03:48:29,24 --> 03:48:30,60
five five threshold after

2632
03:48:30,61 --> 03:48:37,22
a million dollars. I was the one the
proposed one thousand years ago so. Abel

2633
03:48:37,23 --> 03:48:41,10
seemed to just say well we've been here
twenty four so eighteen years ago we

2634
03:48:41,11 --> 03:48:47,98
started talking about. Incentives
to try to fill empty court

2635
03:48:47,98 --> 03:48:51,48
space Mr Dunn McCarthy was

2636
03:48:51,50 --> 03:48:58,09
a part of every one of those conversations
than we did of creating. We

2637
03:48:58,09 --> 03:49:00,09
created something that wasn't just

2638
03:49:00,52 --> 03:49:06,34
a flat out eighty twenty deal forever.
Because sometimes new programs don't work

2639
03:49:06,52 --> 03:49:12,16
and so as an operator you want to take
chances and do grow an operation not every

2640
03:49:12,18 --> 03:49:12,77
program is

2641
03:49:12,77 --> 03:49:18,84
a success and that's when those fluctuation
percentages occurred that was then.

2642
03:49:20,63 --> 03:49:26,05
We have found that communities like
certainty and this is the this would be the

2643
03:49:26,06 --> 03:49:27,81
only one that doesn't take

2644
03:49:27,82 --> 03:49:34,03
a fixed rent. Although it is we saw the
rest of your contracts are fixed right like

2645
03:49:34,04 --> 03:49:36,69
this with an escalator this
would be the only one that has

2646
03:49:36,70 --> 03:49:41,60
a fixed rent or percentage whichever is
greater How are the other structured fixed

2647
03:49:41,61 --> 03:49:43,38
rent. With that with

2648
03:49:43,39 --> 03:49:49,56
a guaranteed escalator each
year so fixed rent plus X.

2649
03:49:49,91 --> 03:49:51,43
Amount per year as

2650
03:49:51,75 --> 03:49:58,22
a guarantee cost of you know rate of
inflation. But there is no whichever's greater

2651
03:49:58,23 --> 03:50:04,70
element that would be neat to Cupertino
which it's a great community it's

2652
03:50:04,71 --> 03:50:08,100
a popular community we've been here
the longest is our first contract.

2653
03:50:11,66 --> 03:50:11,89
It's

2654
03:50:11,90 --> 03:50:17,81
a guarantee that yields two million dollars
over six years and what I can tell you

2655
03:50:17,82 --> 03:50:23,22
is in our other four Bay Area contracts
that amount is greater than the aggregate

2656
03:50:23,23 --> 03:50:28,98
of the other four great what we we
appreciate the service you're providing to

2657
03:50:28,99 --> 03:50:34,54
residents Thank you. Well
let me just say that it is

2658
03:50:34,55 --> 03:50:38,46
a follow up question. Yeah I just takes

2659
03:50:38,50 --> 03:50:44,80
a couple of you Do you mentioned increasing
like the number of classes whatever I

2660
03:50:44,81 --> 03:50:51,28
wonder and this is more for our acting
director Parks and Recreation are we

2661
03:50:51,65 --> 03:50:56,68
I've seen complaints residents that they
can never get the courts on an ad hoc

2662
03:50:56,69 --> 03:51:01,82
basis because they're always taken
up by lessons so is it necessarily

2663
03:51:01,83 --> 03:51:06,79
a good thing I know it's good for you if
you get more classes but is it good for

2664
03:51:06,80 --> 03:51:11,76
the community because we're having these
residents that can never get court space

2665
03:51:11,77 --> 03:51:18,76
anymore. OK. To

2666
03:51:18,98 --> 03:51:22,00
this is handles point this is

2667
03:51:22,01 --> 03:51:28,91
a mature operation where we have
worked on. Usage allocation for

2668
03:51:28,92 --> 03:51:31,60
a very long time there are adults U.S.G.A.

2669
03:51:31,61 --> 03:51:35,88
Leagues there are middle school leagues
which we helped start twenty years ago

2670
03:51:36,39 --> 03:51:41,09
there are walk on users there are seniors
there are adults there are students that

2671
03:51:41,10 --> 03:51:45,34
learn the game there are ball machine
users. And there are all kinds of fitness

2672
03:51:45,35 --> 03:51:50,96
classes and so forth. And this is evolved
and we talked about kind of reaching

2673
03:51:50,97 --> 03:51:57,45
a certain threshold about growth.
This is one of the most saturated

2674
03:51:57,82 --> 03:52:03,52
facilities in California when it
comes to activity. Each user group

2675
03:52:04,66 --> 03:52:10,72
is I would call if you look at everyone
members included. Across the board

2676
03:52:11,80 --> 03:52:17,92
with the help of staff and we work very
well with staff. We have helped create I

2677
03:52:17,93 --> 03:52:24,46
would call equitable discontent because
that facility is so busy and active that

2678
03:52:24,47 --> 03:52:27,34
every user group would
probably say couldn't we have

2679
03:52:27,35 --> 03:52:33,05
a few more square feet for the yoga class
couldn't we have more room for bed and

2680
03:52:33,06 --> 03:52:38,79
couldn't we have more league space for the
adult teams but when working with staff

2681
03:52:39,26 --> 03:52:39,96
we have found

2682
03:52:39,97 --> 03:52:46,61
a balance and we just happen to kind of
reach that critical mass area when it comes

2683
03:52:46,62 --> 03:52:51,33
to there is not an exponential growth
factor left after twenty four years of

2684
03:52:51,46 --> 03:52:58,38
providing the services to the community
for what we do. But we are willing

2685
03:52:59,06 --> 03:53:05,16
to guarantee what we have. Provided
and. You know I think it's

2686
03:53:05,17 --> 03:53:11,85
a great balance and I think if you
look at the level of patronage

2687
03:53:12,78 --> 03:53:17,41
and you look at the level of complaints
for all the user types you look at the

2688
03:53:17,42 --> 03:53:22,93
participation levels and you
look at the refund. Levels.

2689
03:53:24,71 --> 03:53:29,01
We did one point six million dollars in
revenue last year and the line item on

2690
03:53:29,02 --> 03:53:35,85
refunds was five hundred Change dollars
that's in all cities together that's in

2691
03:53:36,05 --> 03:53:40,21
Cupertino alone just in Cupertino alone
or refund rate was five hundred some

2692
03:53:40,22 --> 03:53:44,92
dollars last year on one point six million
and so you know that doesn't mean

2693
03:53:44,93 --> 03:53:46,99
everything but we do find

2694
03:53:47,00 --> 03:53:51,21
a way to coexist and to balance
and yeah you're right it's

2695
03:53:51,22 --> 03:53:53,31
a busy place and people can always get

2696
03:53:53,32 --> 03:53:58,89
a quarter nine o'clock on Saturday morning.
But that's what the best club space.

2697
03:54:01,96 --> 03:54:07,50
Very good we did have the speaker card
but as you pointed out at Hirschfeld has

2698
03:54:08,21 --> 03:54:15,21
left for the evening. OK well if you
care to speak on it please feel

2699
03:54:15,21 --> 03:54:18,43
free. To introduce yourself and also

2700
03:54:18,68 --> 03:54:25,62
a lot of blue card afterward. If there's
anybody. What you don't have to

2701
03:54:25,96 --> 03:54:32,32
me we we've got plenty of information. OK
Welcome to the Christine did want to add

2702
03:54:32,33 --> 03:54:38,16
something to council member Sharp's your
question about the. The use of memorial

2703
03:54:38,17 --> 03:54:44,86
park so our inventory in the city right
now within our city parks is that ten we

2704
03:54:44,87 --> 03:54:51,02
have six chords and memorial to it Varian
and to admonish Mr Rex center So right

2705
03:54:51,03 --> 03:54:56,87
now there are two chords that are designated
for lessons but what we have found

2706
03:54:56,88 --> 03:55:01,73
actually is having lifetime activity staff
out there at they actually provide some

2707
03:55:01,74 --> 03:55:03,71
supervision because we do have

2708
03:55:03,72 --> 03:55:08,16
a challenge with other folks coming in and
teaching private lessons on our courts

2709
03:55:08,17 --> 03:55:13,56
which is not permitted so from that standpoint
it's been nice I also just wanted to

2710
03:55:13,57 --> 03:55:18,34
share with the council that. I reached
out today to Fremont Union High School

2711
03:55:18,35 --> 03:55:23,09
District with regards to their tennis court
facilities so mana Vista High School

2712
03:55:23,10 --> 03:55:29,94
does have seven courts and those are open
to the public court sick at Homestead and

2713
03:55:29,95 --> 03:55:34,60
it Cupertino high school are closed during
off hours and it's just because they've

2714
03:55:34,61 --> 03:55:38,01
had some challenges with
vandalism So we have

2715
03:55:38,02 --> 03:55:43,46
a meeting set up next week to discuss
utilizing sports facilities at the high

2716
03:55:43,47 --> 03:55:47,58
schools and so I'm very hopeful that we'll
be able to come to an agreement and

2717
03:55:47,59 --> 03:55:52,31
hopefully have some additional courts
available for the public great Excellent

2718
03:55:52,32 --> 03:55:55,24
thank you Christine and we do have

2719
03:55:55,25 --> 03:55:59,81
a Speaker thank you for
being here. And you have

2720
03:55:59,82 --> 03:56:04,56
a minutes you know my name
is Anthony Brutus. I am

2721
03:56:04,90 --> 03:56:10,94
a member of the Cupertino Sports Center
I have been for. Probably twenty three

2722
03:56:10,95 --> 03:56:17,49
twenty four years. I moved to Cupertino
from Mountain View about eighteen years ago

2723
03:56:17,59 --> 03:56:24,41
mainly because. That facility was so
important to me I mean to be honest there's

2724
03:56:24,42 --> 03:56:31,21
other other reasons too but. You know
I could have joined I've been playing

2725
03:56:31,22 --> 03:56:37,42
tennis when I could join so many different
private clubs just courtside. The

2726
03:56:37,43 --> 03:56:42,45
catalogue club you know I have I have the
ability to do that I chose to stay with

2727
03:56:42,46 --> 03:56:49,27
Cupertino and still do. Mainly
because I enjoy and respect how

2728
03:56:49,28 --> 03:56:52,61
well that facility is run
you know Dana brought up

2729
03:56:52,62 --> 03:56:59,18
a lot of good points about.
There is how crowded and

2730
03:56:59,23 --> 03:57:05,39
over and how use that that facility is
that that anybody can complain any sort of

2731
03:57:05,40 --> 03:57:12,20
user group can complain about court time
because it's so popular. But they do

2732
03:57:12,21 --> 03:57:17,14
a great job in managing
that. The you know I'm

2733
03:57:17,15 --> 03:57:19,79
a member of several of those groups I am

2734
03:57:19,80 --> 03:57:26,74
a lead player. But I about twenty
something years ago I decided to learn

2735
03:57:26,75 --> 03:57:33,33
how to play tennis and someone recommended
you know Cupertino on Lifetime tennis to

2736
03:57:33,34 --> 03:57:35,78
me Dan a staff taught me to be

2737
03:57:35,79 --> 03:57:42,75
a good tennis player and I still have
that relationship with them. And.

2738
03:57:43,87 --> 03:57:50,30
So. You know that said there's you know
when I when I see that you know when I'm

2739
03:57:50,31 --> 03:57:52,37
playing league you know they they do

2740
03:57:52,38 --> 03:57:55,26
a good job in allocating the
courts for that they do

2741
03:57:55,27 --> 03:58:02,22
a good job in in you know managing the
court time for the lessons. And then

2742
03:58:02,23 --> 03:58:07,47
just for you know going out and playing
with my friends right there I. If I were to

2743
03:58:07,48 --> 03:58:11,36
pick any single one of those I say Yeah I
wish I had more time to go play with my

2744
03:58:11,37 --> 03:58:17,16
friends but the courts are busy because
league but when I'm playing wing. It's I'm

2745
03:58:17,17 --> 03:58:23,28
glad that the courts are being used
for league so. I do think that

2746
03:58:24,15 --> 03:58:26,77
you know lifetime activities the they do

2747
03:58:26,78 --> 03:58:30,71
a good job in trying to to do what's not
only you know not only maintain the

2748
03:58:30,72 --> 03:58:35,73
business but to do what's best you know for
that facility to keep it an active and

2749
03:58:35,74 --> 03:58:40,54
thriving facility. And that comes from
experience and just watching how some of

2750
03:58:40,55 --> 03:58:44,62
these other private clubs operate right
you know you go there and you can see how

2751
03:58:44,63 --> 03:58:50,15
they conduct lessons how they can
walk. And so forth and so on.

2752
03:58:54,76 --> 03:59:00,28
But. And again you know like that comparing
it to some of the private clubs and

2753
03:59:00,29 --> 03:59:05,74
some of the other all the public
facilities. I am quite happy being

2754
03:59:05,75 --> 03:59:10,95
a member of the Cupertino. Sports Center
and will continue to do that for the

2755
03:59:10,96 --> 03:59:13,47
foreseeable future thanks
very much and you take

2756
03:59:13,48 --> 03:59:18,74
a five minute break thanks very much very
much for bearing with us here will start

2757
03:59:18,75 --> 03:59:23,88
up again we're on Item number
nine on the Consent Calendar and.

2758
03:59:26,10 --> 03:59:30,72
Will take some further comments
from counsel this point if there is

2759
03:59:30,73 --> 03:59:37,61
a desire for further discussion. Would
anyone like to make any additional comments

2760
03:59:37,65 --> 03:59:43,47
on the item council member Scharf I just
agree with the optic INS wife you agree

2761
03:59:43,48 --> 03:59:48,13
with the Do you agree with that weakens
wife is right yeah I think I personally

2762
03:59:48,14 --> 03:59:52,60
would prefer the. The non sure thing.

2763
03:59:55,44 --> 04:00:00,77
In other words where we'd share in the risk
with the vendor correct and I'd be good

2764
04:00:00,78 --> 04:00:07,65
with that. Are you OK with
six years. Not really

2765
04:00:07,66 --> 04:00:14,55
but I would be high would agree to it. OK
so I need to be on what they what they

2766
04:00:14,56 --> 04:00:21,52
did OK so could someone from staff
articulate and verify what the

2767
04:00:21,53 --> 04:00:27,93
prior terms of the agreement
materially were. With regard to the.

2768
04:00:29,76 --> 04:00:36,71
The sharing of the fees and I guess
receiving rent and other fees

2769
04:00:36,72 --> 04:00:43,37
from this contract.
Christine or Dana and the

2770
04:00:44,12 --> 04:00:44,85
so there's

2771
04:00:44,86 --> 04:00:49,65
a question from council member Scharf as
to the the material terms of the prior

2772
04:00:49,66 --> 04:00:56,16
contract because it seems that those were
more were desires from at least two of

2773
04:00:56,17 --> 04:01:02,43
our council members and so could we clarify
what those terms were. With regard to

2774
04:01:02,44 --> 04:01:09,13
the prior contract. So the. Comment
was he agrees with Dana's wife

2775
04:01:09,32 --> 04:01:15,23
that the preference would be to examine
and extend the terms of the prior

2776
04:01:15,24 --> 04:01:22,08
contractual. Duration So the prior
one was six years correct Yes

2777
04:01:22,12 --> 04:01:26,61
OK So let's talk about logical financial
terms yes financial terms career asking

2778
04:01:26,65 --> 04:01:31,80
yes so it was twenty percent of the gross
revenue of up to one million dollars for

2779
04:01:31,81 --> 04:01:37,90
the tennis lesson fees and then five
percent of the gross revenue. For anything

2780
04:01:37,91 --> 04:01:40,34
above one million and there was

2781
04:01:40,35 --> 04:01:46,70
a seven dollar ministry to fee.
That but as Dana mentioned.

2782
04:01:47,73 --> 04:01:52,12
It became rather convoluted here when we
began adding some additional services

2783
04:01:52,38 --> 04:01:54,19
because now the the there's

2784
04:01:54,20 --> 04:01:59,17
a different percentage for the additional
services that that he provides so we do

2785
04:01:59,18 --> 04:02:04,09
other things like basketball and
cricket and chess and those are on

2786
04:02:04,10 --> 04:02:05,100
a different percentage
which is approximately

2787
04:02:06,01 --> 04:02:12,00
a sixty five thirty five splits. So that's
what we're trying to do is just trying

2788
04:02:12,01 --> 04:02:18,41
to simplify. The financial terms
here and to establish the

2789
04:02:19,08 --> 04:02:25,35
the set amount annually OK So so
let me just get this clear so.

2790
04:02:26,52 --> 04:02:30,48
The vendor is providing more than just
tennis services at this point is that

2791
04:02:30,49 --> 04:02:36,68
correct yes like time activities yes they
are OK OK. Any follow up from customers

2792
04:02:36,69 --> 04:02:42,30
are for vice versa things with regard
to that clarify me reasonably. We're

2793
04:02:42,58 --> 04:02:43,89
negotiating details of

2794
04:02:43,90 --> 04:02:49,04
a contract from the diocese has agreed
probably not the best thing to do so I guess

2795
04:02:49,05 --> 04:02:54,27
my suggestion could be you know I have some
direction the staff to go work with the

2796
04:02:54,27 --> 04:03:01,24
. Provider and. Right maybe restructure
the contract clause which I'm

2797
04:03:01,25 --> 04:03:04,67
going to it takes two to tango and I
think about something like we have

2798
04:03:04,68 --> 04:03:11,63
a micro management the small
stuff OK. I trust the staff

2799
04:03:12,16 --> 04:03:16,10
working on it and they've been working
they just went on top and then did this

2800
04:03:16,11 --> 04:03:22,15
going on for seven months already
between the stand and the provider

2801
04:03:22,65 --> 04:03:27,70
so I think the country is pretty good I
don't I don't see any problem and then we

2802
04:03:27,71 --> 04:03:32,94
can spend here another hour just on that
and then in my opinion this is Michael

2803
04:03:32,95 --> 04:03:38,26
management So what if you're in the majority
you want to continue do it Sylvia with

2804
04:03:38,27 --> 04:03:44,96
you KUNZMANN the tank. Well OK so
I guess that leaves me wonderful

2805
04:03:45,24 --> 04:03:50,59
OK so the original impetus for this was
to potentially see if we could put out

2806
04:03:50,60 --> 04:03:54,88
a bed for competitive as scribed and now
we're looking at someone Tiriel terms and

2807
04:03:54,89 --> 04:04:00,80
potentially looking at. Maybe modifying
to keep in sync with you know

2808
04:04:00,81 --> 04:04:05,79
a particular. I guess more guaranteed split
is that correct in the eighty twenty

2809
04:04:06,24 --> 04:04:08,09
and ninety five five after

2810
04:04:08,10 --> 04:04:14,05
a million dollars It is my understanding
that concern going forward correctly

2811
04:04:14,27 --> 04:04:20,45
basically continuing the terms under.
Which we currently do business OK

2812
04:04:20,95 --> 04:04:27,49
OK So Christine do you think that that could
be readily prepared and discussed with

2813
04:04:27,50 --> 04:04:30,06
the applicant in terms of

2814
04:04:30,73 --> 04:04:37,41
a potential modification to and keeping
in mind your desire to simplify the

2815
04:04:37,42 --> 04:04:41,31
terms of the various other types of services
that are being provided as well I mean

2816
04:04:41,36 --> 04:04:43,57
it is it seems like at least there
are two kinds of numbers from

2817
04:04:43,58 --> 04:04:48,64
a policy based perspective the think that
the prior arrangement. You know despite

2818
04:04:48,65 --> 04:04:53,51
the current you know the proposed one having
some guarantees there are two council

2819
04:04:53,52 --> 04:04:57,12
members or feel that the prior arrangement
is preferable do you feel like that you

2820
04:04:57,13 --> 04:05:03,02
come back with that and only then may I
disagree OK I think that's the question you

2821
04:05:03,03 --> 04:05:07,89
know so so you have the deciding factor
here you go without signing go the way but

2822
04:05:07,90 --> 04:05:13,13
you go this side there's no more discussion
than OK it's up to you know OK two of

2823
04:05:13,14 --> 04:05:16,88
us say that they're not going to fine well
the two of them still talking no good OK

2824
04:05:16,89 --> 04:05:22,43
To you decide OK you make up your mind
that that OK right writer but if I make up

2825
04:05:22,44 --> 04:05:29,12
my mind to side with my right then I need
clarification as to what the process

2826
04:05:29,13 --> 04:05:34,17
would look like going forward so that's
what my question is intended to try to find

2827
04:05:34,18 --> 04:05:40,98
out so so how long and do you think
that could be readily prepared

2828
04:05:41,31 --> 04:05:41,60
with in

2829
04:05:41,61 --> 04:05:44,59
a timely manner but I don't want to leave
any further I agree with council member

2830
04:05:44,60 --> 04:05:49,36
Chang It's been seven months we should stand
for this is the mayor is yes yes if I

2831
04:05:49,37 --> 04:05:53,98
may I just wanted to see I can give you
some legal options very good the council

2832
04:05:53,99 --> 04:05:56,11
could. Approve

2833
04:05:56,12 --> 04:06:01,96
a contract subject to I just seen
that compensation. Provision

2834
04:06:02,92 --> 04:06:08,42
so that stably don't have to come back and
it would be just staff negotiating with

2835
04:06:08,42 --> 04:06:14,12
. Lifetime tenure is.
To. Essentially follow.

2836
04:06:15,18 --> 04:06:20,45
Its laws it's possible the existing.
Compensation provision so you can direct them

2837
04:06:20,46 --> 04:06:24,49
to do that and they wouldn't have to come
back to tell you because that presumes

2838
04:06:24,50 --> 04:06:27,40
that the applicant would be fine with all
that and it sounds like there's some

2839
04:06:27,41 --> 04:06:33,63
cleanup or some changes that you know it
may be appropriate right so I mean trying

2840
04:06:33,64 --> 04:06:33,86
to do

2841
04:06:33,87 --> 04:06:40,68
a contract here seems challenging given
that services have altered over time

2842
04:06:40,85 --> 04:06:44,47
all I think we're asking for something that
is structured more or less like what we

2843
04:06:44,48 --> 04:06:49,96
have today where there's some risk sharing
and so in good years right the city does

2844
04:06:49,97 --> 04:06:50,54
better we put

2845
04:06:50,55 --> 04:06:56,70
a lot of money into these facilities right
see IP through our city IP we maintain

2846
04:06:57,00 --> 04:06:57,32
we put

2847
04:06:57,33 --> 04:07:03,57
a lot of money into these courts so. It's
just it's just about making sure we're

2848
04:07:03,58 --> 04:07:09,43
getting fair return. If I may that's
precisely what the emotional it allow you to

2849
04:07:09,43 --> 04:07:15,63
do just direct instead of to carry over
that compensation provisions that you

2850
04:07:15,64 --> 04:07:22,43
prefer into the new contract well. I
for one don't want to dictate the

2851
04:07:22,43 --> 04:07:28,44
details of this in the motion I think all
I'd like to do is suggest that staff go

2852
04:07:28,45 --> 04:07:30,78
back. And see if

2853
04:07:30,83 --> 04:07:34,67
a new contract can be frightening if
it's if it's along the lines of what we

2854
04:07:34,67 --> 04:07:39,30
discussed I mean it could be improved
in two weeks and said could it not

2855
04:07:41,78 --> 04:07:47,91
there well our agreement expires June
thirtieth Well I realize that you're bringing

2856
04:07:47,92 --> 04:07:50,15
it to us so we have

2857
04:07:50,16 --> 04:07:55,76
a right to weigh in and. Ask you to do
more work if that's what's needed right I

2858
04:07:55,77 --> 04:08:02,71
mean. I think we can vote to extend
until July third correct and then

2859
04:08:02,72 --> 04:08:06,53
at that point we could place an
item on the I mean it's a it's

2860
04:08:06,54 --> 04:08:08,62
a matter of four days Dana you had

2861
04:08:08,63 --> 04:08:16,96
a comment. I

2862
04:08:16,97 --> 04:08:22,95
respect the views of the Council on that
and that's what makes democracy great

2863
04:08:22,96 --> 04:08:23,29
because you have

2864
04:08:23,30 --> 04:08:26,23
a lot of different opinions and there
gets to weigh in and then there's

2865
04:08:26,24 --> 04:08:33,24
a vote. We started this process reason
why it's taken seven months. Is that I

2866
04:08:33,25 --> 04:08:39,79
said what this contract has morphed into
is there are parts of it that are broken

2867
04:08:40,43 --> 04:08:46,85
there there is not enough synergy with the
way this is these remodels have grown

2868
04:08:46,86 --> 04:08:53,79
over seven contractors and so they said
the framework needs to be different.

2869
04:08:55,53 --> 04:09:00,88
That's one proposal started and at that
time I said the existing model the way it's

2870
04:09:00,89 --> 04:09:07,76
constructed because it's really all over
the place I said that would change the

2871
04:09:07,77 --> 04:09:14,76
model. In how we get to an
end that's been official to

2872
04:09:14,77 --> 04:09:17,17
the city I didn't ask the city to accept

2873
04:09:17,45 --> 04:09:22,46
a contract it goes backwards financially
and offer the guarantee but what I did say

2874
04:09:22,47 --> 04:09:29,31
is. This there is no surveys out
there are probably know more

2875
04:09:29,32 --> 04:09:32,39
about municipal tennis in the state of
California than anyone there is fifty of

2876
04:09:32,40 --> 04:09:38,49
these contracts in California to my
knowledge this is the best agreement in the

2877
04:09:38,50 --> 04:09:43,03
state of California when it comes to
the relationship the tenure of the

2878
04:09:43,04 --> 04:09:49,05
relationship and as well as the remuneration.
I feel as though we've negotiated in

2879
04:09:49,06 --> 04:09:50,91
good faith I feel as if it's been

2880
04:09:50,92 --> 04:09:57,25
a seven month process. In
coming to this mean tonight

2881
04:09:58,71 --> 04:10:02,16
I told my colleagues I said you know I
think it's going to get told there's

2882
04:10:02,17 --> 04:10:04,52
a few questions but I think there's

2883
04:10:04,53 --> 04:10:08,53
a ninety percent chance that we're going
to be approved by the ten percent chances

2884
04:10:08,54 --> 04:10:15,32
that this goes up to bid. I'm prepared
for it to go up to bid. But I

2885
04:10:15,33 --> 04:10:19,30
don't feel good that the work that's been
done for six months in good faith has to

2886
04:10:19,31 --> 04:10:20,52
be discounted and then I have

2887
04:10:20,53 --> 04:10:27,08
a second negotiation to compromise quite
honestly this is this is one of the

2888
04:10:27,10 --> 04:10:32,100
strongest agreements in the entire
country. I'm not sure exactly how we would

2889
04:10:33,01 --> 04:10:39,24
approach the next bidding process but
you know quite honestly I wouldn't

2890
04:10:39,93 --> 04:10:40,18
put

2891
04:10:40,19 --> 04:10:46,32
a proposal and that was the way the contract
is structured now with varying splits

2892
04:10:46,49 --> 04:10:50,58
with varying administrative fees there's
certain programs we don't deliver because

2893
04:10:51,05 --> 04:10:54,67
seven dollar administers
administrative fee on top of

2894
04:10:54,68 --> 04:10:59,68
a percentage you cannot deliver a drop
in experience for someone you can offer

2895
04:10:59,69 --> 04:11:04,91
a ten dollar start tennis today first
time experience because that person pays

2896
04:11:04,92 --> 04:11:09,45
seven dollars for the admin fee plus
twenty percent on the ten dollars there's

2897
04:11:09,46 --> 04:11:15,59
a dollar left so we don't we haven't done
drop ins in this community for twenty

2898
04:11:15,60 --> 04:11:20,66
four years and drop into something I was
really excited about with the idea of

2899
04:11:20,67 --> 04:11:25,78
here's an all in approach and we can get
creative with with some lower income

2900
04:11:25,79 --> 04:11:30,93
solutions that we can offer today because
of the structure of the agreement and so

2901
04:11:30,94 --> 04:11:35,71
I fully respect the council I would respect
the council of the council chose to go

2902
04:11:35,72 --> 04:11:42,04
out to bid it would certainly be. Probably
another hundred hours of my life they've

2903
04:11:42,27 --> 04:11:42,48
all of

2904
04:11:42,49 --> 04:11:46,07
a sudden gets involved with the proposal
process and probably more than that for

2905
04:11:46,08 --> 04:11:53,03
staff but I I respect that process I would
respect you going out to bid more than I

2906
04:11:53,04 --> 04:11:58,39
would renegotiating terms that were made
in good faith. Oh well I don't think that

2907
04:11:58,43 --> 04:12:02,95
it is necessary to spend that hundred hours
of your life to go to rebid But what

2908
04:12:02,96 --> 04:12:07,25
about working with our staff for the
next two weeks to see if there are some

2909
04:12:07,29 --> 04:12:13,10
improved provisions that you can fine tune
based upon what we are inputting to you

2910
04:12:13,11 --> 04:12:18,84
tonight and if there is nothing or it's
minimal identify what it is identify if

2911
04:12:18,85 --> 04:12:23,32
it's nothing we can come back put on Consent
Calendar as part of our motion tonight

2912
04:12:23,52 --> 04:12:27,87
extend the current contract by those three
or four extra days that you would need

2913
04:12:27,88 --> 04:12:32,36
in order to encompass that time until the
next council meeting with that work in

2914
04:12:32,37 --> 04:12:35,15
your opinion because we you know we don't
want to waste another hundred hours of

2915
04:12:35,16 --> 04:12:40,23
your or however many you know hours to
take their well everyone knows our piece

2916
04:12:40,24 --> 04:12:46,89
don't they don't happen overnight they
don't I'm certainly prepared to do that. I

2917
04:12:46,90 --> 04:12:53,27
feel as though. Just work with
other people your organization has

2918
04:12:53,36 --> 04:12:53,100
earned

2919
04:12:54,17 --> 04:13:00,88
a decision. And if that
decision means. To start over

2920
04:13:00,89 --> 04:13:06,64
again then it should be to start over again
not to go sharpen the pencil after good

2921
04:13:06,65 --> 04:13:12,99
faith efforts been made to reach if Council
says that deal is insufficient for what

2922
04:13:12,100 --> 04:13:19,86
we expect and we want more that's kind
of what it comes down to we want more.

2923
04:13:20,97 --> 04:13:25,63
Then let's test the marketplace Oh thank
you Dana Erb very much appreciate it

2924
04:13:26,01 --> 04:13:29,44
a council member sheriff and vice mayor
sinks I think we've heard from the

2925
04:13:29,45 --> 04:13:33,40
applicant that there is no desire
to go back to work with staff to

2926
04:13:33,44 --> 04:13:40,27
a revisioning or modification of the
current. Contract but there would be

2927
04:13:41,15 --> 04:13:46,58
a desire for a decision one way or the
other. Along with the potential for

2928
04:13:46,59 --> 04:13:48,41
a bidding process is that

2929
04:13:49,01 --> 04:13:52,90
a process that you'd want to
initiate this evening I'm not

2930
04:13:52,94 --> 04:13:55,84
a person not sure why this
is brought to us at such

2931
04:13:55,85 --> 04:14:01,26
a late date where we have to make this
decision because the contract is expiring

2932
04:14:01,86 --> 04:14:07,39
and how many days eleven days. It we've
been working seven months on this and this

2933
04:14:07,40 --> 04:14:11,68
is the first that we've actually
seen anything you know why is that.

2934
04:14:14,68 --> 04:14:21,38
All of us me and my my interest isn't
in cleaning up the fees and other

2935
04:14:21,39 --> 04:14:24,31
things that make it difficult to
administer but I would appreciate

2936
04:14:24,32 --> 04:14:31,27
a contract that had. A better
risk reward provision meaning I

2937
04:14:31,28 --> 04:14:37,32
think the city should. Given all the money
we've continued to put into these courts

2938
04:14:37,50 --> 04:14:44,26
retaining walls and everything about the
facility. You know when revenue is good.

2939
04:14:45,92 --> 04:14:51,81
I think the city ought to recover. A fair
share and when it's one that's not as

2940
04:14:51,82 --> 04:14:55,54
robust we ought to look at. Also taking

2941
04:14:55,55 --> 04:15:00,65
a haircut but I I do think I mean that's
what I would appreciate in that you know

2942
04:15:00,93 --> 04:15:05,08
they go shave and I don't know that it
needs to be long complicated I don't think

2943
04:15:05,09 --> 04:15:09,96
that it has to go back to to zero but I
you know I saw it and I respect there's

2944
04:15:09,97 --> 04:15:16,96
a lot of cleanup to do but. I would
like to see the city. Share in

2945
04:15:16,97 --> 04:15:20,38
the risk reward on the
revenues and if putting it out

2946
04:15:20,39 --> 04:15:25,22
a bit is the only way to achieve that it
would you be in favor of putting it out

2947
04:15:25,23 --> 04:15:32,21
a bit at this point. Well. That's where
we're coming from that would be my last

2948
04:15:32,22 --> 04:15:33,91
resort plasterers

2949
04:15:34,51 --> 04:15:41,21
a matter of. I don't really like the idea
that it's either put it out to bed or

2950
04:15:41,74 --> 04:15:47,20
because we won't do any modifications so
yeah I'd would not want to put it out for

2951
04:15:47,21 --> 04:15:51,79
bad right I mean that's the only
alternative while I'm searching for

2952
04:15:51,80 --> 04:15:55,45
a middle ground there but there doesn't
seem to be any from the appetite of the

2953
04:15:56,19 --> 04:15:59,33
can't and checking back in with
calcium ever changing calcium

2954
04:15:59,34 --> 04:16:03,80
a dividing author and I'm assuming that
there's no desire on your parts to put it

2955
04:16:03,81 --> 04:16:07,48
out to bid I want to confirm is that
something that you would be willing to

2956
04:16:07,49 --> 04:16:10,98
entertain shake of the head from cancer
of cheating I'm taking that to be

2957
04:16:10,99 --> 04:16:15,22
a no so what's the question so that you
know if I'm saying Yes I'm actually

2958
04:16:15,48 --> 04:16:19,77
a writer would you be willing
to take this process out to

2959
04:16:19,78 --> 04:16:25,77
a competitive bid in order to get
potentially better terms. Of the employee

2960
04:16:25,78 --> 04:16:30,67
proposition and the other alternate is
the current machine which all this stuff

2961
04:16:30,68 --> 04:16:35,98
accommodation that's correct no no you
wouldn't be in favor of that where we're

2962
04:16:35,99 --> 04:16:41,23
going to be if we could go this route we're
going we're going to be micromanagement

2963
04:16:41,28 --> 04:16:43,76
almost every issue and we don't need

2964
04:16:43,77 --> 04:16:49,13
a staff just all the conflicts just do
the job don't go away were we hired

2965
04:16:49,14 --> 04:16:55,98
a new staff did mean working seven
months working so hard I mean. Come

2966
04:16:55,99 --> 04:17:01,02
on they don't trust should be there he
disses not there and they really did have

2967
04:17:01,03 --> 04:17:07,42
the respect there it's not it's really bad
OK with that really bad precedent for

2968
04:17:07,43 --> 04:17:11,99
this city to operate from now and we
probably will be here every meeting till

2969
04:17:12,00 --> 04:17:15,60
midnight I mean I can guarantee you want
to go into all that is Michael management

2970
04:17:15,61 --> 04:17:19,60
stuff. I know it is
frustrating but I would have

2971
04:17:19,61 --> 04:17:24,62
a couple more months to go you got shoes
OK OK All right very good well so this is

2972
04:17:24,63 --> 04:17:29,29
where I'll be coming in give
you one more chance to. Have

2973
04:17:29,30 --> 04:17:35,97
a collaborative two week process but I
agree in principle with the idea of. The

2974
04:17:35,98 --> 04:17:41,80
robot bust this of you know having you
know various. You know vendors potentially

2975
04:17:41,81 --> 04:17:42,77
come out of our P.

2976
04:17:42,78 --> 04:17:47,46
And I respect that you've done an amazing
job over the last twenty five years and

2977
04:17:47,47 --> 04:17:53,36
it seems like you would welcome the idea
to kind of put your proposal next to

2978
04:17:53,37 --> 04:17:59,13
others and so. I'll put a last call in you
know is there a willingness to work in

2979
04:17:59,14 --> 04:18:04,20
a couple weeks to put something on consent
that could potentially just not be

2980
04:18:04,21 --> 04:18:10,06
pulled off consent and try to see if we can
speak to any of the issues that you've

2981
04:18:10,07 --> 04:18:14,60
heard race here this evening because
otherwise I'll go ahead and support

2982
04:18:14,61 --> 04:18:20,37
a motion to place it out to that process
and I would be willing to extend your

2983
04:18:20,38 --> 04:18:27,32
current arrangement if that is desired until
the conclusion of that process I mean

2984
04:18:27,32 --> 04:18:30,71
. But there's other than
putting I mean I think it's

2985
04:18:30,72 --> 04:18:35,43
a little unfair if he's been negotiating
in good faith to put him on the spot to

2986
04:18:35,47 --> 04:18:41,80
ask and I think we you simply say
we're going to postpone this for

2987
04:18:41,81 --> 04:18:46,16
a couple of weeks let staff consider the
input and the applicant consider the input

2988
04:18:46,17 --> 04:18:49,98
that we've been given and bring it back
and see what see what's there and then if

2989
04:18:49,99 --> 04:18:55,91
it turns out that you know we get what we
get at that time and we can vote it up or

2990
04:18:55,92 --> 04:19:02,68
down I can support that of. Could you
support that idea of having staff interface

2991
04:19:02,69 --> 04:19:05,77
for a couple of weeks tabling
the item and bring me back in

2992
04:19:05,78 --> 04:19:10,35
a couple of yeah I would
go along with that OK. As

2993
04:19:10,36 --> 04:19:17,00
a courtesy counselor Vida nothing would
you support that idea How is it going to

2994
04:19:17,01 --> 04:19:22,39
help the process well it gives some I think
it some space between where we're right

2995
04:19:22,40 --> 04:19:26,43
now but I thought the applicant said that
that's not something he's willing to go

2996
04:19:26,44 --> 04:19:33,01
on to do so because so then council member
CHENEY No OK well I'll go ahead and

2997
04:19:33,95 --> 04:19:37,62
ask for that. VICE MAYOR states
that you bring for that as

2998
04:19:37,63 --> 04:19:43,77
a motion sure so I'm going to move that
we postpone this item for two weeks with

2999
04:19:43,78 --> 04:19:50,04
direction to staff to see if they can
negotiate an agreement that may be largely

3000
04:19:50,05 --> 04:19:55,37
like the agreement we have that
they've negotiated so far with

3001
04:19:55,47 --> 04:20:01,25
a risk return or risk reward component
for the city rather than flat

3002
04:20:02,44 --> 04:20:07,10
Well the the. The revenue
model that gives us

3003
04:20:07,11 --> 04:20:12,67
a guarantee but no upside Are you willing
to extend the current contract by Yes and

3004
04:20:12,68 --> 04:20:19,27
I would also move that we extend the
current contract until we've. We have

3005
04:20:19,28 --> 04:20:21,33
a new agreement OK Is there

3006
04:20:21,34 --> 04:20:24,93
a second tier motion or all second attempts
members are seconds please both your

3007
04:20:24,94 --> 04:20:31,75
lights. Now she carries with
Chang and by the not ready

3008
04:20:31,76 --> 04:20:37,75
now OK Very good thank you very much
Item number nine is concluded we are on.

3009
04:20:38,85 --> 04:20:45,22
And I'm assuming that we did take consent
items that were polled and pass those is

3010
04:20:45,23 --> 04:20:52,05
that correct. Yeah OK here we have
ten eleven twelve excellent. MAD

3011
04:20:52,06 --> 04:20:58,24
a city clerk Are there any second readings
of ordinances tonight now Mr Baer. Under

3012
04:20:58,25 --> 04:21:05,20
public hearings we have. For
our postponements we are going

3013
04:21:05,21 --> 04:21:11,39
to place fourteen after fifteen and then
thirteen after fourteen so we are now in

3014
04:21:11,40 --> 04:21:15,20
Item Number fifteen the subject is an
ordinance Amendment of the collection

3015
04:21:15,21 --> 04:21:18,99
procedures for the city's transit
in occupancy tax which is

3016
04:21:19,00 --> 04:21:23,13
a tax imposed on travelers when they run
accommodations within the city pursuant to

3017
04:21:23,14 --> 04:21:27,01
Municipal Code Title Three Chapter
three point twelve we have

3018
04:21:27,05 --> 04:21:33,54
a deputy city manager back here welcome
Jacki would you care to present the item.

3019
04:21:34,54 --> 04:21:40,80
Yes honorable Mehr members of the
city council. Back in February

3020
04:21:41,05 --> 04:21:46,18
Council directed staff to pursue voluntary
collection agreements with short term

3021
04:21:46,19 --> 04:21:48,47
rent rental platforms like Air B.N. B.

3022
04:21:48,98 --> 04:21:55,61
So this. Ordinance change would allow
us to actually do that currently

3023
04:21:55,62 --> 04:22:01,05
our ordinance our trans in
occupancy ordinance requires that.

3024
04:22:02,57 --> 04:22:09,56
That operators collect the tax and remit
to the city we are proposing just some

3025
04:22:09,57 --> 04:22:15,59
minor changes to allow.
Platforms such as Air B.N. B.

3026
04:22:15,60 --> 04:22:20,88
To collect on behalf of operators
and remit to the city so it's it's

3027
04:22:20,89 --> 04:22:27,52
a very minor changes it doesn't change the
percentage that's owed by. Short term

3028
04:22:27,53 --> 04:22:33,66
rentals it's just allowing the
Web platforms like Air B.N. B.

3029
04:22:33,67 --> 04:22:40,46
To collect our remit. Is the presentation
of slides or these questions for

3030
04:22:40,47 --> 04:22:46,38
a very simple change OK very good cultural
enquires tells him about you know from

3031
04:22:46,68 --> 04:22:48,72
so just one question so a B. And B.

3032
04:22:48,73 --> 04:22:54,01
Will voluntarily do something yes so
that's our next item so we were proposing

3033
04:22:54,79 --> 04:22:56,46
a contract with there being be

3034
04:22:56,47 --> 04:23:01,93
a voluntary collection agreement OK so I
go to first my questions Yes First we need

3035
04:23:01,94 --> 04:23:07,98
to pass the T O T amendments
to allow us to have

3036
04:23:07,99 --> 04:23:10,30
a collection agreement OK.

3037
04:23:15,09 --> 04:23:19,08
So I'm looking at the red line version
where it says transit includes persons who

3038
04:23:19,09 --> 04:23:25,83
book accommodations through Internet based
social host platforms. So would we not

3039
04:23:25,84 --> 04:23:32,08
be entitled to it if they booked it some
other way so we're entitled to it but.

3040
04:23:33,39 --> 04:23:40,37
The operator would need to pay it not the
internet being right platform so this I

3041
04:23:40,38 --> 04:23:45,11
mean they know it but we would have to
go back after the operator versus having

3042
04:23:45,12 --> 04:23:49,03
a voluntary collection agreement
that allows the platforms to pay

3043
04:23:49,04 --> 04:23:54,95
a smaller I mean but I guess something why
do we have the sentence it's already so

3044
04:23:55,11 --> 04:23:59,03
the operator would already have to pay
that seems like we're almost excluding.

3045
04:24:00,82 --> 04:24:04,51
We're almost excluding the
operator who rents out and

3046
04:24:04,83 --> 04:24:11,70
a unit outside of the Internet that must
have an answer so so the amendments to

3047
04:24:11,71 --> 04:24:17,30
the OR And so you're seeing are based on
our legal analysis what we try to do with

3048
04:24:17,77 --> 04:24:23,74
is really marry include in your definition
that is already in existence in your

3049
04:24:23,78 --> 04:24:30,66
ordinance about transience persons
that typically you know use internet

3050
04:24:30,67 --> 04:24:34,78
based and social rubber also doesn't
exclude that doesn't exclude others OK I'm

3051
04:24:34,79 --> 04:24:40,67
sorry I think that's my mistake I don't
understand but the critical part is in

3052
04:24:40,68 --> 04:24:45,89
Section eight where we'd be following
your name and social media platforms I

3053
04:24:45,90 --> 04:24:49,64
thought that was appropriate since you're
going to be looking at the post the Air

3054
04:24:49,65 --> 04:24:50,08
B.N. B.

3055
04:24:51,01 --> 04:24:57,63
Agreement and then he does provide in
three twelve zero fifty. City council.

3056
04:24:59,88 --> 04:25:02,84
Platforms and businesses
to collect on behalf of

3057
04:25:02,85 --> 04:25:10,86
a city. That's

3058
04:25:10,86 --> 04:25:17,38
. Good. Darcy's have to go for human well

3059
04:25:17,39 --> 04:25:20,31
so. More questions.

3060
04:25:26,76 --> 04:25:28,74
No I mean I think I think this is

3061
04:25:28,94 --> 04:25:34,46
a great thing I really appreciate the
staff bring this forward and I really

3062
04:25:34,47 --> 04:25:35,27
appreciate there was

3063
04:25:35,28 --> 04:25:40,81
a resident the prop this whole whole thing
to our attention maybe six months ago

3064
04:25:40,82 --> 04:25:45,23
and I appreciate her doing this and I
appreciate that we're finally going to

3065
04:25:45,24 --> 04:25:51,13
collect this money that we are entitled
to and I think it's the fair thing for

3066
04:25:51,14 --> 04:25:56,99
hotels as well because if they're if
they're collecting this tax then the.

3067
04:25:58,60 --> 04:25:59,43
Air B.N. B. S.

3068
04:25:59,44 --> 04:26:04,19
Of the world should also be quoting so I'm
looking for questions right now we do

3069
04:26:04,20 --> 04:26:04,39
have

3070
04:26:04,40 --> 04:26:12,04
a speaker card or questions
from counsel. No very good. We

3071
04:26:12,05 --> 04:26:17,85
have one speaker card Jenna getting really
early so I have no comment thank you. I

3072
04:26:17,86 --> 04:26:19,59
will just questions here.

3073
04:26:27,17 --> 04:26:33,85
Kitty think city council for skid morning.
This site in my been following this and

3074
04:26:33,85 --> 04:26:35,85
. So I just had

3075
04:26:35,87 --> 04:26:42,70
a couple of questions. Will the fees
ever be raised the fees that the

3076
04:26:42,71 --> 04:26:45,22
city's entitle to get from A or B. And B.

3077
04:26:45,23 --> 04:26:51,16
For this how do they determine how much
the fees will be dismissive the know how

3078
04:26:51,17 --> 04:26:52,29
many Air B.N. B.

3079
04:26:52,30 --> 04:26:58,36
Units there are in Cupertino and whether
the city is getting enough money from the

3080
04:26:58,37 --> 04:26:59,28
Air B.N. B.

3081
04:26:59,29 --> 04:27:06,17
In Cupertino how do we know. That we're
if we don't know anything about the

3082
04:27:06,18 --> 04:27:09,15
Usera B. And B. Units and
there are a or B. And B.

3083
04:27:09,16 --> 04:27:15,80
Units I know that. How do we know we're
getting our fair share of the cut I'll just

3084
04:27:15,81 --> 04:27:21,73
leave it at that to use that famous Star
Trek episode. Thank you we'll bring it

3085
04:27:21,90 --> 04:27:27,57
back up here more questions
from counsel. I just have

3086
04:27:27,58 --> 04:27:32,79
a comment. To in response to what consul
member Shell said I actually brought it to

3087
04:27:32,80 --> 04:27:36,03
stuff attention while I was mayor
because I had to go and address

3088
04:27:36,04 --> 04:27:40,48
a disturbance issue with the B.

3089
04:27:40,49 --> 04:27:47,09
And B.'s and came to know the poor were
had rented the place was not doing it for

3090
04:27:47,10 --> 04:27:51,38
the book as they had said they had I at
that point I asked the city manager what

3091
04:27:51,39 --> 04:27:55,95
can we do and I think at that time either
San Francisco or some other city was

3092
04:27:55,96 --> 04:27:56,42
going through

3093
04:27:56,43 --> 04:28:00,52
a lawsuit so they said there's nothing
they can do at this time we need some more

3094
04:28:00,53 --> 04:28:07,01
time. But having had that experience
and then there was one more experience

3095
04:28:07,86 --> 04:28:12,96
which was similar but I don't remember what
what platform that President had booked

3096
04:28:13,21 --> 04:28:17,17
the place and. This is

3097
04:28:17,18 --> 04:28:23,22
a great way to go about it and to hear
the term voluntary I really like that so

3098
04:28:23,26 --> 04:28:27,40
thank you to this stuff for making the
effort and bringing this to us and I thought

3099
04:28:27,41 --> 04:28:31,43
do you know I talked about this about an
hour ago I thought Yeah and I took it to

3100
04:28:31,44 --> 04:28:36,75
a conference and I had heard. All of the
principals that are being the speak and as

3101
04:28:36,76 --> 04:28:41,43
mayor that I brought it back to you when
you said we should work of this so I'm

3102
04:28:41,44 --> 04:28:47,67
glad this is finally coming to fruition
with her with respect to. The questions

3103
04:28:47,68 --> 04:28:54,53
that Jennifer raised were simply
collecting our trance here occupancy

3104
04:28:54,54 --> 04:29:01,10
tax of whatever the gross amount of room
rental is correct that's correct R T O T S

3105
04:29:01,11 --> 04:29:06,76
twelve percent right rentals fees so that's
what we would be collecting we can't

3106
04:29:06,80 --> 04:29:07,98
amend our T. a T.

3107
04:29:07,99 --> 04:29:14,29
To collect more unless we go back to the
voters poll tax measure right I got it so

3108
04:29:14,73 --> 04:29:20,45
so in other words if you read
for. Three hundred bucks

3109
04:29:20,46 --> 04:29:27,01
a night that becomes. Thirty six
dollars to us correct correct

3110
04:29:27,46 --> 04:29:32,11
Now if somebody says well this year but
next year I can get three hundred thirty

3111
04:29:32,12 --> 04:29:37,97
that upset by three dollars and sixty cents
more except for etc All right correct

3112
04:29:38,13 --> 04:29:42,88
so that's just on the T O T side and we
can talk about different ways to add on

3113
04:29:42,96 --> 04:29:49,89
fees that other cities do.
When we talk about regulating

3114
04:29:49,90 --> 04:29:53,24
short term rentals in terms of
the zoning so that so that's

3115
04:29:53,25 --> 04:29:59,21
a separate issue yeah no I understand
but what's before us tonight is this

3116
04:29:59,71 --> 04:30:06,71
mechanism and in that specifically
the ability to to do this.

3117
04:30:07,74 --> 04:30:11,55
Through this ordinance amendment we
need to do this first and then we could

3118
04:30:11,56 --> 04:30:13,36
consider everybody and be

3119
04:30:13,37 --> 04:30:20,10
a specific be correct correct so we're
currently on. Item fifteen on I

3120
04:30:20,11 --> 04:30:22,25
one question and Stephen has

3121
04:30:22,26 --> 04:30:27,28
a question this money does it go to the
general fund or can we your market for

3122
04:30:27,29 --> 04:30:32,74
specific like affordable housing projects
are there of Mr Bush and General Fund you

3123
04:30:32,75 --> 04:30:37,62
know always create and if you want to do
that housing from the beginning tomorrow

3124
04:30:37,66 --> 04:30:42,89
thank you. Very good. Are we
ready for the first really

3125
04:30:44,40 --> 04:30:49,00
yes good bye smear syncs this is the first
reading of ordinance number eighteen

3126
04:30:49,01 --> 04:30:53,79
dash to one seven four an ordinance of the
city council of the city if the Pitino

3127
04:30:54,14 --> 04:30:57,16
amending chapter three point
one two at the end of the U.S.

3128
04:30:57,30 --> 04:31:02,23
Code to provide for the collection of
transit occupancy taxes from short term

3129
04:31:02,24 --> 04:31:08,95
rentals using Internet based social
media platforms. Thank you is there

3130
04:31:08,96 --> 04:31:10,04
somebody who would like to make

3131
04:31:10,05 --> 04:31:16,47
a motion for the first reading.
And I just saw move there.

3132
04:31:18,58 --> 04:31:21,41
But I don't know there's times where we
have the whole you know you have to use the

3133
04:31:21,42 --> 04:31:26,98
spoken language I moved the ordinance number
sixteen is it eighteen eighteen that's

3134
04:31:26,99 --> 04:31:31,75
two one seven four heated by type lonely
and the city clerks meeting closer to the

3135
04:31:31,76 --> 04:31:34,14
first meeting they're
all very good do I have

3136
04:31:34,15 --> 04:31:39,69
a second second all right
any more discussion

3137
04:31:41,34 --> 04:31:47,83
let's smoke. And the mushing carries
with Paul absent thank you very

3138
04:31:47,84 --> 04:31:53,82
much. Are we moving to item fourteen
next that we need for it yes correct.

3139
04:31:57,11 --> 04:32:01,45
We are now an item fourteen this
is an agreement with Air B.N. B.

3140
04:32:01,46 --> 04:32:08,22
To collect transfer occupancy
tax from its platform. From

3141
04:32:08,23 --> 04:32:14,01
users who operate short term rentals in the
city of Cupertino. And the recommended

3142
04:32:14,02 --> 04:32:19,52
action is to authorize the city manager
into. A voluntary collection agreement with

3143
04:32:19,53 --> 04:32:20,21
A or B. And B.

3144
04:32:20,21 --> 04:32:26,38
. In this draft voluntary collection
even with other questions on this.

3145
04:32:28,32 --> 04:32:34,96
No I mean public speakers of this.
Jennifer come back and I can answer some

3146
04:32:34,97 --> 04:32:39,76
questions that were asked in the meantime
very gentle reader so we have roughly

3147
04:32:39,80 --> 04:32:45,57
three hundred short term rentals available
in the city the majority of those are on

3148
04:32:45,58 --> 04:32:46,30
the Air B.N. B.

3149
04:32:46,31 --> 04:32:53,23
Platform right now we have not collected
any revenues from short term rentals in

3150
04:32:53,24 --> 04:32:57,76
the city mostly because they're really
hard to identify and it would take

3151
04:32:57,77 --> 04:33:03,03
a lot of staff resources to identify and
collect which is why we would want to do

3152
04:33:03,04 --> 04:33:05,94
a voluntary collection
agreement like Air B.N. B.

3153
04:33:05,95 --> 04:33:10,85
Because they collect it for us we don't
have to hunt these short term rentals down

3154
04:33:11,14 --> 04:33:16,68
we do have the ability to audit to make
sure that we are fully collecting the

3155
04:33:16,72 --> 04:33:22,92
amount that we are owed in the city there
are some limits on those audits so we can

3156
04:33:22,93 --> 04:33:26,85
limit we could audit. For

3157
04:33:26,89 --> 04:33:31,67
a twelve month consecutive
period within a three within

3158
04:33:31,68 --> 04:33:36,46
a three year period so every three years
we can audit twelve months of their

3159
04:33:37,10 --> 04:33:43,73
collections. The other thing I think
we need to consider is they have very

3160
04:33:43,74 --> 04:33:49,25
strict confidentiality for their hosting
guests so they will collect the T O T for

3161
04:33:49,26 --> 04:33:54,08
us but they will not give us information
on who they're collecting from which does

3162
04:33:54,09 --> 04:33:54,42
make it

3163
04:33:54,43 --> 04:34:01,25
a little harder on compliance related
to our zoning regulations but it

3164
04:34:01,26 --> 04:34:08,19
is if it's still worth pursuing
this option we can still in force

3165
04:34:08,20 --> 04:34:13,78
on another side it will actually allow us
to have the revenue to enforce the zoning

3166
04:34:13,82 --> 04:34:16,89
code so if we do have to go and hire

3167
04:34:16,90 --> 04:34:23,53
a third party to monitor that piece of
it and have funding for additional code

3168
04:34:23,54 --> 04:34:29,54
enforcement officers to make sure that the
short. Term rentals are following our

3169
04:34:29,55 --> 04:34:34,91
zoning code we have the resources to do it
and I think your staff report indicated

3170
04:34:34,92 --> 04:34:40,05
that we're looking at it proximately it's
hard for us to know on the order of three

3171
04:34:40,06 --> 04:34:41,39
hundred fifty thousand dollars

3172
04:34:41,40 --> 04:34:45,57
a year yes that's correct
which could pay for

3173
04:34:48,28 --> 04:34:51,72
a start up of stock up on
the staff but whatever and

3174
04:34:51,73 --> 04:34:58,22
a contractor could fully pay for the program
they could also potentially pay for

3175
04:34:58,23 --> 04:35:04,14
the program and provide the city
with additional revenue right there.

3176
04:35:07,05 --> 04:35:13,89
Six inches OK Jennifer Hopefully
that helped get us that was very

3177
04:35:14,22 --> 04:35:21,12
helpful. I suspect that there were
that many and there may be more. I

3178
04:35:21,58 --> 04:35:26,01
mean there's some in our neighborhood which
I had some interesting experiences with

3179
04:35:26,02 --> 04:35:27,81
because I know it's an Air B.N. B.

3180
04:35:28,25 --> 04:35:32,35
And it's like some of the stuff that's been
going on out in the middle of the road

3181
04:35:32,36 --> 04:35:37,48
in front of it just raises my
eyebrows but I it hasn't proceeded to

3182
04:35:37,91 --> 04:35:41,49
a major incident but it's been two to three
times that I've gone down the road and

3183
04:35:41,50 --> 04:35:47,19
there's been some drama going on.
So in that case then Air B.N. B.

3184
04:35:47,20 --> 04:35:54,17
Will collect transparent transients
occupancy taxes from there a or B. And B.

3185
04:35:54,18 --> 04:36:00,71
Homes in Cupertino and we'll
give it to the city so to me

3186
04:36:01,71 --> 04:36:05,62
it's kind of like pro and con we're going
to be getting the money but they won't

3187
04:36:05,63 --> 04:36:10,04
divulge who these people are and what
they're doing so to me it's kind of like

3188
04:36:10,05 --> 04:36:12,72
a shot in the dark like
are we dealing with

3189
04:36:12,73 --> 04:36:19,31
a mob here or something I mean I I
have basically to have the city

3190
04:36:19,32 --> 04:36:22,78
having to negotiate this way in sort of

3191
04:36:22,82 --> 04:36:29,80
a mob mentality. Netherworld we're
getting our piece of the action if

3192
04:36:29,81 --> 04:36:34,14
you guys are familiar with the Star
Trek episode it's very very it's like

3193
04:36:34,15 --> 04:36:40,84
a sorry Chicago mafia when you guys
may know what it is but if there are

3194
04:36:40,85 --> 04:36:46,96
problems with the air B. And B. Homes in
Cupertino does the city contact air B.

3195
04:36:46,97 --> 04:36:47,43
And B.

3196
04:36:47,44 --> 04:36:54,17
And try to resolve the issues. Like I
mean I'm talking about people renting

3197
04:36:54,18 --> 04:37:00,42
tents and parking sleeping in
trailers in the driveways.

3198
04:37:01,73 --> 04:37:07,82
Noise issues cars that are parked
for years you know in the road

3199
04:37:08,80 --> 04:37:15,06
attached to the the homes. Trashing
the neighborhood except for I'm just

3200
04:37:15,60 --> 04:37:19,73
I don't know this hasn't occurred to this
extent but it's happened in other cities

3201
04:37:19,73 --> 04:37:26,66
. So in that situation you you all said
that there would be many collected

3202
04:37:26,67 --> 04:37:31,88
from this that could be used to resolve
issues if a property was a den

3203
04:37:31,89 --> 04:37:37,46
a fight as causing problems or being
detrimental to the neighborhood or doing

3204
04:37:37,47 --> 04:37:40,77
something that they shouldn't
be doing but I would feel

3205
04:37:40,78 --> 04:37:46,31
a little bit more comfortable if we had
that if there was an immediate problem that

3206
04:37:46,32 --> 04:37:47,34
Air B.N. B.

3207
04:37:47,38 --> 04:37:54,25
Being notified immediately and the city
had some feedback from Air B.N. B.

3208
04:37:54,42 --> 04:38:00,74
That they have attended to their their
issues here problems I mean let's face it

3209
04:38:00,78 --> 04:38:05,32
these are suburban neighborhoods they are
single family homes I'm going to use

3210
04:38:05,33 --> 04:38:11,02
something that road affright said Here they
are neighborhoods they are not designed

3211
04:38:11,03 --> 04:38:17,88
to be. For profit. Yeah OK
that's fine you know people

3212
04:38:17,89 --> 04:38:21,83
have renters they have tenants except or
they rip rooms out they have children that

3213
04:38:21,84 --> 04:38:27,53
never leave they have parents and I believe
they have adults that never leave their

3214
04:38:28,39 --> 04:38:35,19
you know whatever pets but they are
primarily suburban neighborhoods they're

3215
04:38:35,20 --> 04:38:41,93
not apartment complex's they are
not. Long term residences to

3216
04:38:41,97 --> 04:38:48,23
make money from you hope you really hope
that some of these homes actually have

3217
04:38:48,24 --> 04:38:54,07
someone who lives there long term I'm
beginning to think from some of the stuff on

3218
04:38:54,08 --> 04:38:54,94
Air B.N. B.

3219
04:38:55,08 --> 04:39:01,26
That people are living elsewhere outside
of the city and are running that they have

3220
04:39:01,27 --> 04:39:06,97
purchased homes and apartments and this
is their main source of income some of

3221
04:39:06,98 --> 04:39:07,90
these people it's like

3222
04:39:07,91 --> 04:39:12,66
a racehorse truck they're running ten
homes and they don't nobody lives in the

3223
04:39:12,67 --> 04:39:17,47
homes and they live somewhere outside
the city or they live in L.A.

3224
04:39:17,48 --> 04:39:17,96
Or they live in

3225
04:39:17,97 --> 04:39:24,01
a different country so this is the kind
of thing that if we don't want that to be

3226
04:39:24,05 --> 04:39:30,10
happening in the suburban homes in Cupertino
so if there is a problem Air B.N.

3227
04:39:30,11 --> 04:39:34,87
Being needs to step up and deal with it
but I'm glad that you guys will have some

3228
04:39:34,88 --> 04:39:40,56
clout by collecting the money it's high
time I don't want our neighborhoods to.

3229
04:39:42,77 --> 04:39:48,47
The next apartment complex for people who
can't afford to pay hotel Thank you.

3230
04:39:49,61 --> 04:39:55,14
Bring back up here the only one
I want to have. I just had

3231
04:39:55,18 --> 04:39:57,50
a question I mean this is fair B. And B.

3232
04:39:58,28 --> 04:40:01,41
We're. What Urban be

3233
04:40:01,45 --> 04:40:05,44
a person that rents out their unit
say oh I'm going to go to V.O.R.

3234
04:40:05,45 --> 04:40:07,66
Be on now because Air B.N. B.

3235
04:40:07,67 --> 04:40:13,96
Is collecting the T O T But the R B O
isn't they could they could and we are

3236
04:40:13,97 --> 04:40:20,33
trying to talk to other platforms
not all of the other platforms and

3237
04:40:20,96 --> 04:40:26,06
do voluntary collection agreements but we
are working towards it what we could do

3238
04:40:26,07 --> 04:40:27,41
though is hire

3239
04:40:27,42 --> 04:40:34,29
a third party to. Identify
those. Short term

3240
04:40:34,30 --> 04:40:36,55
rental units that are
not using Air B.N. B.

3241
04:40:36,56 --> 04:40:42,29
Platform and we would now have the resources
to crack down on them and make them

3242
04:40:42,30 --> 04:40:47,73
pay the T O T because they owe it right I
would so and we could go after them we

3243
04:40:47,74 --> 04:40:51,66
could find them we can get them into
compliance so that would have cost us more to

3244
04:40:51,78 --> 04:40:57,40
get them into into compliance than we would
make or initially probably about in the

3245
04:40:57,41 --> 04:41:03,53
long term or in the long run and no OK thank
you initially we were probably have to

3246
04:41:03,54 --> 04:41:07,89
put in some resources and just so we
actually were in discussions whether it was

3247
04:41:07,90 --> 04:41:14,72
Home Away which is the second
largest provider. With. Something

3248
04:41:14,73 --> 04:41:20,66
and suspended discussions so they may come
back after the work of theirs the router

3249
04:41:20,67 --> 04:41:25,26
but it just for the benefit of the public
is there anything that inhibits our

3250
04:41:25,27 --> 04:41:30,98
resident from renting out as
are her home on Air B.N. B.

3251
04:41:30,99 --> 04:41:33,11
And definitely yes it's

3252
04:41:33,12 --> 04:41:39,59
a gem tell us about that since with so right
now. Our zoning is pretty restrictive

3253
04:41:39,96 --> 04:41:46,03
in terms of short term rentals
in can. You must be an owner

3254
04:41:46,04 --> 04:41:52,23
occupier you can only
rent I believe to. To two

3255
04:41:52,24 --> 04:41:58,88
people in the home the last time we
talked about this with council we had

3256
04:41:58,89 --> 04:42:01,08
discussed bringing back

3257
04:42:02,04 --> 04:42:08,67
a regulatory program that.
That focuses on short term

3258
04:42:08,68 --> 04:42:10,81
rentals because that wasn't

3259
04:42:11,33 --> 04:42:18,13
a thing when we when we created our
zoning code so we do I think the

3260
04:42:18,14 --> 04:42:24,07
discussion was council wanted to allow
people to if they go on vacation for

3261
04:42:24,08 --> 04:42:28,32
a month allow the rental Yes
to be used the entire home for

3262
04:42:28,33 --> 04:42:32,51
a month but you didn't want to
prevent people from having just

3263
04:42:32,52 --> 04:42:37,67
a business where they didn't live in the
home and it was you know they were renting

3264
04:42:37,68 --> 04:42:38,76
this property as

3265
04:42:38,77 --> 04:42:45,47
a business. All year long and so we
can come back and we've actually been

3266
04:42:45,48 --> 04:42:48,98
working and trying to figure out
what are the best practices for

3267
04:42:48,99 --> 04:42:55,25
a short term regulatory program and we do
have plans to bring that back to you to

3268
04:42:55,26 --> 04:42:58,49
ensure that these short
term rentals aren't taking

3269
04:42:58,50 --> 04:43:05,50
a way to days for long term rentals
which aggravate our housing crisis here

3270
04:43:05,97 --> 04:43:11,37
so we are working on that we did want to
seek some council direction to see if you

3271
04:43:11,38 --> 04:43:12,09
wanted to have

3272
04:43:12,10 --> 04:43:16,71
a study session before we take this to the
Planning Commission or if you wanted to

3273
04:43:16,75 --> 04:43:20,68
us to take it directly to the Planning
Commission get their recommendations and

3274
04:43:20,69 --> 04:43:21,43
just come with

3275
04:43:21,44 --> 04:43:27,84
a recommended. That our program for that
I'm going to see that it would be good to

3276
04:43:27,85 --> 04:43:34,72
get that imposed while we're doing this
is if I may the regulatory program is

3277
04:43:34,73 --> 04:43:40,50
not on the agenda I know it is but if it
is to step direction or something right

3278
04:43:40,55 --> 04:43:46,16
just after action on whether you want to
bring it here or bring it to the Planning

3279
04:43:46,17 --> 04:43:49,21
Commission for us would be
helpful before we go that

3280
04:43:49,22 --> 04:43:54,12
a question based on what the residents
said that was my talk to especially after

3281
04:43:54,13 --> 04:43:59,18
what I had to address last time. There was
no way for me to find out who the owner

3282
04:43:59,50 --> 04:44:06,48
of that location was in such cases
would be willing to ship no

3283
04:44:06,52 --> 04:44:10,61
no no no there are other there are other
platforms that are available for money we

3284
04:44:10,62 --> 04:44:16,01
would pay for them that can do something
for me. So there are third party vendors

3285
04:44:16,05 --> 04:44:20,84
that actually come through this information
and then are able to identify the

3286
04:44:20,85 --> 04:44:25,51
location and work with our couldn't force
an officer to get the information for the

3287
04:44:25,52 --> 04:44:31,20
property owner and do some code
enforcement regulation property or is

3288
04:44:31,21 --> 04:44:37,25
a matter of public record it is
so our code and Forstmann could

3289
04:44:37,92 --> 04:44:42,57
identify the property owner if they have.
An address I don't want to say too much

3290
04:44:42,58 --> 04:44:47,42
because then I don't want to because that
that what will happen was over and done

3291
04:44:47,43 --> 04:44:53,27
with but typically what happens is if you
have given your house out for an A B.

3292
04:44:53,28 --> 04:44:57,62
And B. For how was shot. You're
not giving a cell phone number or

3293
04:44:57,63 --> 04:45:01,40
a phone number for
anyone to call you a not

3294
04:45:01,41 --> 04:45:06,16
a forwarding address so even if code
enforcement knows the message the name of the

3295
04:45:06,17 --> 04:45:11,12
person who owns the place. The only time
you can get to them is when they come back

3296
04:45:11,46 --> 04:45:16,31
or you have somebody off the legal legally
noticing them when they come back and

3297
04:45:16,32 --> 04:45:20,31
they have to respond to us which is why
the very good one can be hold that So who

3298
04:45:20,56 --> 04:45:21,34
would want to create

3299
04:45:21,35 --> 04:45:27,77
a regulatory program that
requires any operator to get

3300
04:45:27,78 --> 04:45:33,71
a permit from the city and give us their
information now if we if we find out that

3301
04:45:33,72 --> 04:45:36,78
they haven't they're illegally operating

3302
04:45:36,79 --> 04:45:41,33
a short term rental than we can find them
and we have to make the find significant

3303
04:45:41,34 --> 04:45:45,71
enough to incentivize them to
want to come to the city and have

3304
04:45:45,72 --> 04:45:50,08
a permit so that we have their information
in case there are issues that come up we

3305
04:45:50,09 --> 04:45:56,10
can contact them. If the issues already
happened there's no way to do this and

3306
04:45:56,14 --> 04:46:02,64
after the fact it depends on the issue.
Looking at those people who're. Are leasing

3307
04:46:02,65 --> 04:46:03,92
Erin B. Or B. And B.

3308
04:46:03,93 --> 04:46:09,98
Longer than their Then the regulatory.
Regime permits them to do that so.

3309
04:46:11,25 --> 04:46:15,90
The way the unfortunate works is that the
Benders can monitor each individual air

3310
04:46:16,03 --> 04:46:17,10
or Air B.N. B.

3311
04:46:17,11 --> 04:46:19,45
Or other platform they can in

3312
04:46:19,46 --> 04:46:25,52
a platform and they'll can spot the places
that have been listed for more than you

3313
04:46:25,53 --> 04:46:30,26
know the the period time and notify us so
we know that six of them we're going to

3314
04:46:30,27 --> 04:46:35,87
go notify the owner say you apparently
are violation of our ordinance couldn't

3315
04:46:35,88 --> 04:46:41,11
force that way if it's you know one of
the guests has allowed party we wouldn't

3316
04:46:41,12 --> 04:46:43,33
force that the same way
we would force if it was

3317
04:46:43,34 --> 04:46:47,96
a homeowner's only and send to the cops
or the or or if it's something different

3318
04:46:47,97 --> 04:46:52,72
we'd send code enforcement to
issue attention it hasn't been

3319
04:46:52,73 --> 04:46:57,44
a huge issue in our community I think in
the last two years there they've been the

3320
04:46:57,48 --> 04:47:03,43
B six to eight complaint. And couldn't
force might have been able to address that

3321
04:47:03,44 --> 04:47:09,09
and thank you thank God thank
you more questions or comments

3322
04:47:11,66 --> 04:47:13,09
if not I'll look for

3323
04:47:13,13 --> 04:47:19,68
a motion. In discussing
the other just to give

3324
04:47:19,70 --> 04:47:21,03
direction before we make

3325
04:47:21,04 --> 04:47:29,73
a motion. That to send it to
the Planning Commission. Well

3326
04:47:29,74 --> 04:47:34,63
we could discuss an Intel soul conference
at the end they ask somebody what answer

3327
04:47:34,64 --> 04:47:35,05
them it's

3328
04:47:35,06 --> 04:47:41,68
a comedy and that is. A move that operates
imo that we authorize the city manager

3329
04:47:41,69 --> 04:47:42,35
to enter into

3330
04:47:42,36 --> 04:47:46,64
a wall into the collection of human there
be and be to collect transit unconvincing

3331
04:47:47,04 --> 04:47:50,91
O'Keeffe and see taxes owed to the city
from shutdown going to law breakers in

3332
04:47:50,92 --> 04:47:53,42
Cupertino using the A B. And B.

3333
04:47:53,43 --> 04:47:57,78
Platform all right and this is the draft
following Terry collection agreement that

3334
04:47:57,79 --> 04:48:03,38
we have in our package as well as given
in the right are all second all right.

3335
04:48:04,88 --> 04:48:11,67
Any more discussion no let's vote question
carries with Paul absent thank you

3336
04:48:12,30 --> 04:48:15,48
so we are now on to the pug-O.

3337
04:48:15,49 --> 04:48:19,36
Pilot Project P three of

3338
04:48:19,37 --> 04:48:30,84
a different color. Good

3339
04:48:30,85 --> 04:48:36,44
evening and honorable council members and
place spare Catherine numerous senior

3340
04:48:36,45 --> 04:48:41,73
management analyst and I'll be giving
an update on Pogo. So at the October

3341
04:48:41,74 --> 04:48:47,21
seventeenth council meeting. The pilot
project was approved it involves

3342
04:48:47,22 --> 04:48:50,83
a partnership with Fremont you
know high school district to make

3343
04:48:50,84 --> 04:48:55,26
a car pulling out called Pogo available
to parents to facilitate carpooling and

3344
04:48:55,27 --> 04:48:58,36
ride matching. The plan had

3345
04:48:58,37 --> 04:49:03,22
a soft launch in January that involved
an e-mail out to parents also made

3346
04:49:03,23 --> 04:49:07,75
announcements and tabled at parent
meetings including the freshman parent

3347
04:49:07,76 --> 04:49:13,70
orientation night for incoming freshman
school staff also helped with social media

3348
04:49:13,70 --> 04:49:17,19
. Marketing and

3349
04:49:17,23 --> 04:49:23,42
a frames in the bus loops and other
outreach some metrics on what

3350
04:49:24,16 --> 04:49:28,98
occurred over the last semester fifty eight
users signed up for the Cupertino high

3351
04:49:28,99 --> 04:49:33,84
school police recruit with ten car pulls
formed and twenty members total there were

3352
04:49:33,85 --> 04:49:40,35
twenty seven rides after school and four
rides in the morning commute. Staff

3353
04:49:40,36 --> 04:49:45,95
evaluated the program and. The results
of the spring semester were not.

3354
04:49:47,46 --> 04:49:53,71
As as we had hoped for so what we found
were there were eleven connections and Pogo

3355
04:49:53,72 --> 04:49:59,67
We were hoping for thirty one or more
throughout the school there were also not

3356
04:49:59,68 --> 04:50:05,21
significant increases in car pooling that
we were able to find but it also involves

3357
04:50:05,80 --> 04:50:10,94
using Safe Routes to School Data and manual
carpool counts in the morning but after

3358
04:50:11,91 --> 04:50:15,62
our work was done we found that most matches
were made after school and not in the

3359
04:50:15,63 --> 04:50:20,01
morning time so in the future if we do
move forward with this we will change our

3360
04:50:20,02 --> 04:50:26,17
marketing outreach and target after school
uses and change our evaluation methods

3361
04:50:26,18 --> 04:50:32,92
as well. So popo plans to also make some
improvements with one click rides and

3362
04:50:32,99 --> 04:50:38,78
incentivizing drivers and writers.
Improving their matching algorithms.

3363
04:50:40,34 --> 04:50:44,48
And so our staff are commands that we would
continue with the Pogo pilot project

3364
04:50:44,49 --> 04:50:49,47
through June thirtieth twenty nineteen when
the pilot was first approved counsel we

3365
04:50:49,48 --> 04:50:54,17
have some insurance requirements including
sexual molestation insurance as it was

3366
04:50:54,18 --> 04:50:57,90
prohibitive Lee expensive so we recommend
containing the pilot under the same

3367
04:50:57,91 --> 04:51:04,58
conditions just extending the term.
Open for question great questions from

3368
04:51:04,59 --> 04:51:11,45
counsel. Stevens So the
same concerns I had while I

3369
04:51:11,46 --> 04:51:16,92
was the vote against it I still have and
you just mentioned them it's the insurance

3370
04:51:16,93 --> 04:51:23,32
issue and our liability and
back then I had asked the city

3371
04:51:23,33 --> 04:51:28,70
attorney. After the meeting he said Why
were you the only one that realized you

3372
04:51:28,71 --> 04:51:32,52
know the tremendous risk and I said well
you realize that why didn't you say

3373
04:51:32,53 --> 04:51:37,03
something and he said I think he couldn't
say something in open session about that

3374
04:51:37,55 --> 04:51:43,76
and so I still have the same issues with
this program if if there's no risk why was

3375
04:51:43,77 --> 04:51:50,52
Freemont Union High School District
not willing to do this program I mean

3376
04:51:50,56 --> 04:51:55,13
they even said that they were that they
could not assume that rest and yet the city

3377
04:51:55,14 --> 04:52:01,93
want to head in assumed it and it
just makes me nervous. But they

3378
04:52:01,94 --> 04:52:07,56
did assume the risk when they have the same
risk that we would probably more really

3379
04:52:07,57 --> 04:52:12,04
because I mean I have to go back and look
at the video but I recall saying them

3380
04:52:12,08 --> 04:52:17,79
wanting the city to do it because they
didn't want to be in that position. Where

3381
04:52:17,80 --> 04:52:22,25
they were mean there are party to the
regime and their activities were probably

3382
04:52:22,26 --> 04:52:28,97
work OK so what if was there they certainly
wanted to share in the risk but I

3383
04:52:28,98 --> 04:52:34,60
think the biggest issue is they didn't
feel that they had the staff to actually

3384
04:52:34,64 --> 04:52:39,31
implement and evaluate the program they
really wanted our Safe Routes to School

3385
04:52:39,32 --> 04:52:45,44
staff to take some of the lead in trying
to push this effort I think part of the

3386
04:52:45,45 --> 04:52:50,89
problem with us not having. As

3387
04:52:51,22 --> 04:52:56,74
a successful Apollo as we would have liked
is the project was kept getting delayed

3388
04:52:57,16 --> 04:53:01,36
we had initially wanted it to start at the
beginning of the school year we ended up

3389
04:53:01,37 --> 04:53:07,00
having to implement it in the middle of
January which was just not an ideal time

3390
04:53:07,01 --> 04:53:11,82
line to start a pilot program
so we think that we can have

3391
04:53:11,86 --> 04:53:16,89
a more successful program if we start it
at the beginning of the year which is why

3392
04:53:16,90 --> 04:53:23,85
we're coming now we could just simply what
we're planning to do is evaluate after

3393
04:53:23,86 --> 04:53:27,89
one of the first semester to see if we
want to continue even until the second

3394
04:53:27,90 --> 04:53:32,63
semester but we do you mean the beginning
of the school year for us and Mr yes

3395
04:53:32,85 --> 04:53:36,77
beginning of the school is here first
semester and then evaluate after about him

3396
04:53:36,78 --> 04:53:41,49
and see if we want to continue for the
second semester but we do want to extend the

3397
04:53:41,50 --> 04:53:47,72
contract so we don't have to come back to
you if. If it's going well and we don't

3398
04:53:47,73 --> 04:53:54,49
need any additional dollars We the existing
contract dollars are are sufficient so

3399
04:53:54,92 --> 04:53:59,99
in the staff report the increase in
alternative commuting the decrease in single

3400
04:54:00,00 --> 04:54:05,44
family vehicle commuting is that four
percent and three percent decrease is that

3401
04:54:06,89 --> 04:54:08,79
causation from poll goers just

3402
04:54:08,80 --> 04:54:14,18
a horrible ation So this kind of data is
very difficult to assess and so this is

3403
04:54:14,19 --> 04:54:17,91
bait that information is from the Safe
Routes to School surveys that go out every

3404
04:54:17,92 --> 04:54:24,82
semester so it's not causation
from Pogo but it's data that was

3405
04:54:25,07 --> 04:54:31,72
related and relevant to the
project the only. Effort in

3406
04:54:31,73 --> 04:54:37,69
terms of that would really have something
more relatable to pogos implementation

3407
04:54:37,70 --> 04:54:43,73
would be the manual Karpal counts but as
we saw the morning accounts were not as

3408
04:54:43,74 --> 04:54:48,42
effective due to the fact that most of
the car pulls through Pogo where after

3409
04:54:48,43 --> 04:54:55,28
school so moving forward we would
change or. That other in metrics

3410
04:54:55,40 --> 04:54:56,59
I just think this table is

3411
04:54:56,60 --> 04:55:02,22
a little misleading here. Because it
seems to imply that we know that it was

3412
04:55:02,23 --> 04:55:07,30
a result of Pogo and I'm willing to
continue it. There doesn't seem to be any

3413
04:55:07,31 --> 04:55:13,77
downside. I think in keeping it going if
it doesn't cost us any more money but

3414
04:55:13,81 --> 04:55:20,54
that's not very good results
right and as deputy city

3415
04:55:20,55 --> 04:55:23,61
manager mentioned we
really believe that it has

3416
04:55:23,62 --> 04:55:27,97
a lot to do with the softness in the spring
semester not having the full momentum

3417
04:55:27,98 --> 04:55:28,10
of

3418
04:55:28,11 --> 04:55:33,51
a fall launch. I remember talking to the
Safe Routes to School coordinator and one

3419
04:55:33,52 --> 04:55:35,95
of the things I was told was there was

3420
04:55:35,96 --> 04:55:41,18
a lot of interest from the parents that
they were planning to just go for this but

3421
04:55:41,19 --> 04:55:46,83
the last Open Table she attended I
don't know what exactly that was. And

3422
04:55:47,92 --> 04:55:52,38
also that when kids are coming back to
school there will be another effort to go

3423
04:55:52,39 --> 04:55:59,28
and communicate that and I think in January
during the soft launch the school the

3424
04:55:59,29 --> 04:56:05,56
school district had not sent the information
to the parents through their mechanism

3425
04:56:05,88 --> 04:56:10,75
whereas this time around I don't have the
buzz in April or they plan to do it in

3426
04:56:10,76 --> 04:56:15,68
August they're planning to do this more
if they did some e-mails but they didn't

3427
04:56:15,69 --> 04:56:19,75
have it at the very beginning when all of
the parents are paying attention so the

3428
04:56:20,01 --> 04:56:24,39
most ideal time to do it is right when
everybody is registering for class because

3429
04:56:24,67 --> 04:56:29,99
we couldn't even meet that timeline so
even for the second semester we still kind

3430
04:56:30,00 --> 04:56:35,96
of started it even after that process had
begun so the ideal thing is you know

3431
04:56:35,97 --> 04:56:41,16
talking to the freshman who are most dependent
on cars and talking to their parents

3432
04:56:41,21 --> 04:56:47,99
which is happening. Probably in August and
them really trying to target them when

3433
04:56:48,00 --> 04:56:51,75
they're registering for classes sending
that information out as they're going

3434
04:56:51,76 --> 04:56:56,22
through that process to know this is
something that you can start from the very

3435
04:56:56,23 --> 04:57:01,80
beginning of the year you can even start
planning before school even starts and

3436
04:57:01,81 --> 04:57:03,71
even city can make an effort to do

3437
04:57:03,72 --> 04:57:06,87
a blast on the store absolutely
at least and because this is

3438
04:57:06,88 --> 04:57:11,93
a specific neighborhood around that school
it's just nice to be concentrated there

3439
04:57:11,93 --> 04:57:18,34
. Will be supporting this
continuation thank you at this point

3440
04:57:18,87 --> 04:57:23,32
I just want to make sure there's nobody
from the public I have no blue cards or the

3441
04:57:23,33 --> 04:57:28,23
public hearing. Close the public hearing.

3442
04:57:30,11 --> 04:57:36,70
Very any questions comments
oh. Well I mean I've

3443
04:57:36,94 --> 04:57:42,79
put these efforts and perspective I do
think it was you know probably unfortunate

3444
04:57:42,80 --> 04:57:46,12
timing on the launch and this is this is

3445
04:57:46,13 --> 04:57:51,77
a whole new thing and if if we're going
to be if we're going to innovate on on

3446
04:57:51,78 --> 04:57:58,58
trying to get. Traffic down and traffic
relief around schools and make things

3447
04:57:58,59 --> 04:58:05,59
safer. And you know and set some
programs like this we're going to

3448
04:58:05,59 --> 04:58:09,65
have to be willing to run pilots for

3449
04:58:09,66 --> 04:58:15,14
a while until we really get whether they're
viable or not not every one of our

3450
04:58:15,15 --> 04:58:21,77
efforts is is going to. Prove to be as
effective as we might like but that's that's

3451
04:58:21,78 --> 04:58:27,13
in the nature of innovation which is part
of what we do here in this place so I

3452
04:58:27,14 --> 04:58:32,21
will also support extending this nice you
know I have I appreciate the fact that.

3453
04:58:33,40 --> 04:58:37,04
Yeah we were trying something
different I mean it sure sounds like

3454
04:58:37,05 --> 04:58:41,64
a great idea I mean this was one of the
things that almost all council members

3455
04:58:41,87 --> 04:58:47,49
talked about during my goal setting. In
the beginning of twenty seventeen and

3456
04:58:47,50 --> 04:58:52,83
everybody wanted to reduce traffic around
schools as well as in general and this

3457
04:58:52,84 --> 04:58:58,86
was the program that seemed most suitable
to our community and if somebody has

3458
04:58:58,87 --> 04:59:05,33
a better idea we can do absolutely else
right but. Right exactly all right good

3459
04:59:05,34 --> 04:59:08,51
well if you're somebody like to make

3460
04:59:08,52 --> 04:59:14,78
a motion then. I move that
the approved extending

3461
04:59:14,99 --> 04:59:21,18
extending the pull pilot project through
June twenty ninth second look at third OK

3462
04:59:21,26 --> 04:59:26,87
And this is all at Cupertino high for all
the right to do you know. Good thank you

3463
04:59:26,87 --> 04:59:33,28
. Mushing carries with Paul
absent very good so we have

3464
04:59:33,29 --> 04:59:38,27
now gotten all the way through to. X.

3465
04:59:38,28 --> 04:59:44,68
The most exciting item sixteen the designation
of voting delegate alternates for

3466
04:59:44,69 --> 04:59:50,44
the league of California cities annual
conference September twelve to fourteen in

3467
04:59:50,45 --> 04:59:56,22
Long Beach does anybody
intend to go to the.

3468
04:59:57,40 --> 05:00:00,77
C.C. Annual conference
in Long Beach want to be

3469
05:00:00,78 --> 05:00:06,41
a delegate among the elected here Stephen.

3470
05:00:12,34 --> 05:00:18,61
So very Kent I can't either
all right that within NATO.

3471
05:00:20,00 --> 05:00:26,93
Well the volunteer. I mean if no one
else I mean is this. This is something

3472
05:00:26,94 --> 05:00:33,61
the city pays for I don't have to yet pay
for this out of my own pocket. Sure.

3473
05:00:35,09 --> 05:00:40,58
You get to vote on cool stuff right yeah
yeah I'd be willing to go and that would

3474
05:00:40,59 --> 05:00:45,62
be negated you always have to be at your
money. While it's in Long Beach or if that

3475
05:00:45,63 --> 05:00:52,25
changes your mind yeah. And this is
like first class airfare probably

3476
05:00:52,26 --> 05:00:59,19
coach. And Spirit OK. Sure
the wind up the rubber

3477
05:00:59,20 --> 05:01:05,82
band I guess I'm the freshman
person so yeah sure I do it. Just

3478
05:01:06,12 --> 05:01:12,85
reminded that you need to state the lead
in for the WOODY Yeah I said that. Because

3479
05:01:12,86 --> 05:01:19,56
I had two last year. So is
this something we. Where they

3480
05:01:19,57 --> 05:01:24,03
publish the agenda and advance and we can
discuss it in the meeting like we're

3481
05:01:24,04 --> 05:01:28,58
going to get mostly of the aeration It's
all information OK that's fine it's you

3482
05:01:28,59 --> 05:01:32,88
know and I have to stay till the end right
there in the very back of the potion

3483
05:01:33,63 --> 05:01:39,67
innovative city government. Development
I'm sure there'll be lots of discussions

3484
05:01:39,71 --> 05:01:42,74
about all the housing
bills I get I guess I'm

3485
05:01:42,75 --> 05:01:46,53
a little scared that nobody else wants to
go home but I know what I'll die and then

3486
05:01:46,70 --> 05:01:48,20
for right here and two years in

3487
05:01:48,21 --> 05:01:51,88
a row it's just I'm conflicted with those
dates I don't think even the last date I

3488
05:01:51,89 --> 05:01:55,92
could have gone to has been told to me
but not before I got out of the past you

3489
05:01:55,93 --> 05:01:59,84
know I think everybody should go
once at least and I'm going to have

3490
05:01:59,85 --> 05:02:04,03
a district commitment they would just
take me be taken on the fourteenth OK so

3491
05:02:04,04 --> 05:02:08,71
there's no city council meeting the
you typically leave home later.

3492
05:02:12,09 --> 05:02:15,91
Well so let's see we are using one who
can even live and my daughter only on

3493
05:02:15,92 --> 05:02:18,30
twelfth morning said I don't believe it is

3494
05:02:18,31 --> 05:02:20,87
a Tuesday obviously if
you just want to get

3495
05:02:20,88 --> 05:02:26,28
a feel for it you could go you could fly
down early Thursday the thirteenth and

3496
05:02:26,29 --> 05:02:32,12
come back the afternoon
the fourteenth. OK so.

3497
05:02:33,34 --> 05:02:33,71
More than

3498
05:02:33,72 --> 05:02:37,59
a day or so the twelfth is what day of the
week that's well there's the first day

3499
05:02:37,60 --> 05:02:38,08
that that's

3500
05:02:38,09 --> 05:02:44,07
a Wednesday OK there's no council meeting
before that OK that's fine right because

3501
05:02:44,08 --> 05:02:50,09
this is the second week right sure yeah
I'll do it all right who work would like to

3502
05:02:50,10 --> 05:02:55,18
move need an alternate or something or
just necessarily thinks all Carson is not

3503
05:02:55,19 --> 05:03:01,51
here he can be the alternate. Who would
go if you don't need one then I move that

3504
05:03:01,68 --> 05:03:06,30
we appoint Stephen Johnson was Stephen
show was delegated to the Long Beach

3505
05:03:06,31 --> 05:03:11,84
conference September twelfth there's one
or two seconds I guess a second he has

3506
05:03:11,85 --> 05:03:13,37
a second second all right.

3507
05:03:18,88 --> 05:03:25,72
She carries with Paul absent
excellent We are now moving to item

3508
05:03:25,73 --> 05:03:31,54
seventeen report committee assignments
general comments by my colleagues this is

3509
05:03:31,55 --> 05:03:36,98
the point where we could give some feedback
to Jackie the item we discussed earlier

3510
05:03:38,88 --> 05:03:45,10
we would like to go first to really
know you mean. No Report Let's go home

3511
05:03:45,86 --> 05:03:46,39
you know this is

3512
05:03:46,40 --> 05:03:53,38
a bug the question that Jacki
asked I forgot what. I'm about

3513
05:03:53,39 --> 05:03:57,27
I want to do you want
to bring the B. And B.

3514
05:03:57,45 --> 05:04:01,48
Regulatory zoning program to use
a study session or just take

3515
05:04:01,49 --> 05:04:05,71
a trip to the plane commission and bring
it back with their recommendation is

3516
05:04:05,72 --> 05:04:09,82
actually right yet take it with the printing
commission bring back to us I would

3517
05:04:09,83 --> 05:04:11,94
concur with that I think it's

3518
05:04:11,95 --> 05:04:17,72
a good thing I I took that to mean that's
fine. So I do want to go through our

3519
05:04:17,73 --> 05:04:24,05
records Yes who would like
to go first. All I'll go OK.

3520
05:04:25,78 --> 05:04:32,10
Let's see Thursday the seventh
I went to the Santa Clara

3521
05:04:32,57 --> 05:04:39,51
Valley J P A for the library it was an
uneventful event they reported on the food

3522
05:04:39,52 --> 05:04:45,79
for finds which was extremely successful
I don't have the actual data here they

3523
05:04:45,80 --> 05:04:50,77
also reported on their school lunch
programs in some of the cities down in the

3524
05:04:50,78 --> 05:04:55,29
southern part of the county it's not school
want I guess is Library launched where

3525
05:04:55,63 --> 05:05:02,03
they're providing lunches to. Children and
adults now that they're not able to get

3526
05:05:02,04 --> 05:05:08,87
the lunches at school. The nine Thanks ten
at the library celebration in this room

3527
05:05:08,88 --> 05:05:13,46
where there are all sorts of lizards
and snakes and animals inside here

3528
05:05:15,71 --> 05:05:22,59
and that's it other then
it was brought up that. We

3529
05:05:22,60 --> 05:05:25,57
need to do something regarding the S.P.

3530
05:05:25,58 --> 05:05:30,68
Thirty five application I just wondered
what the city staff is doing regarding that

3531
05:05:30,72 --> 05:05:31,26
as me only have

3532
05:05:31,27 --> 05:05:37,80
a few days left. Were found were fully
prepared and will definitely issue would

3533
05:05:38,34 --> 05:05:43,78
determination before the statutory deadline
we did get the same huge buying to the

3534
05:05:43,82 --> 05:05:49,73
rightful didn't so we even respected the
work that group put together to look at it

3535
05:05:49,74 --> 05:05:52,54
we want to make sure there's nothing in
there that we haven't already because I

3536
05:05:52,55 --> 05:05:54,46
mean I think the concern is that you make

3537
05:05:54,47 --> 05:05:59,58
a determination one way or the other and
not just let it be approved by Defense and

3538
05:05:59,59 --> 05:06:04,67
we have no intention of letting it be OK
for I appreciate that we are going to look

3539
05:06:04,91 --> 05:06:09,02
we're going to have the best legal minds
yes we've been working with them from for

3540
05:06:09,28 --> 05:06:13,35
the better part of two months and I mean
with regard to the arguments that have

3541
05:06:13,36 --> 05:06:17,84
been brought up right that's right sure
that's what we're doing because we only got

3542
05:06:17,85 --> 05:06:20,63
revealing that binder I think
yesterday they were in

3543
05:06:20,64 --> 05:06:24,30
a plan for they have been sending out their
questions to us which meet Cantor spawn

3544
05:06:24,31 --> 05:06:30,66
two unfortunately have those being forwarded.
We've gotten I think from one one of

3545
05:06:30,67 --> 05:06:36,03
the pub member the public but probably
thirty emails. With some months of detail so

3546
05:06:36,21 --> 05:06:40,10
it may be that it's largely stuff Right
right it is I mean what's in the binder but

3547
05:06:40,11 --> 05:06:45,55
I've seen is largely what e-mails that
they've sent us so that way that's why we

3548
05:06:45,56 --> 05:06:51,40
think it's probably real to the quote I
know S B thirty five is not there's only

3549
05:06:51,41 --> 05:06:55,93
been one other application I guess in
Berkeley and that was rejected by me and it's

3550
05:06:55,94 --> 05:07:00,25
all there all your great job you know what
what didn't work in Berkeley may not be

3551
05:07:00,26 --> 05:07:06,06
an issue for us right thank you it looked
like artifacts and so. I mean they're

3552
05:07:06,07 --> 05:07:09,86
going to totally unique in that I'm not
even sure what Berkeley's rejection was all

3553
05:07:09,87 --> 05:07:14,39
about. OK who else as

3554
05:07:14,40 --> 05:07:21,02
a reporter there is not tire
and city. I'm to go sleep

3555
05:07:21,48 --> 05:07:21,75
we have

3556
05:07:21,76 --> 05:07:27,07
a sleeping crisis OK Sylvia I just want
to put in one important Lund that the

3557
05:07:27,24 --> 05:07:34,16
doctor put nice committee Santa Clara
County made some changes to the bylaws and

3558
05:07:34,17 --> 05:07:37,59
the ammo used and sent it to the city's
Association and the board was taken out of

3559
05:07:37,60 --> 05:07:42,78
that city's Association meeting and you
can report that yes I can and I happen to

3560
05:07:42,79 --> 05:07:49,76
chair the city for president
this year and. Well it's

3561
05:07:49,77 --> 05:07:56,47
a contentious thing I think that everybody
recognizes it's an issue and it was the

3562
05:07:56,48 --> 05:08:03,43
Congress people who asked us to stand
this thing up and so we voted to do that.

3563
05:08:04,48 --> 05:08:09,04
The challenge will be
funding. But the this is like

3564
05:08:09,05 --> 05:08:15,58
a big chess game and in San Francisco
they were able to eventually get

3565
05:08:15,59 --> 05:08:16,36
S.F.O.

3566
05:08:16,73 --> 05:08:25,24
To fund this here we're all being
asked to put money in. And

3567
05:08:25,25 --> 05:08:28,89
so there's some discussion about what
happens for cities that don't put money and

3568
05:08:28,90 --> 05:08:29,95
presumably they wouldn't have

3569
05:08:29,96 --> 05:08:35,29
a seat at the table result or speculation
that well San Jose or maybe even San

3570
05:08:35,30 --> 05:08:39,02
Francisco in the end would. But are sad as

3571
05:08:39,03 --> 05:08:45,23
a representative wasn't certainly wasn't
voluntary clinic and fact he was the one

3572
05:08:45,47 --> 05:08:51,33
in the boat. He said and so
have the tension is this.

3573
05:08:53,14 --> 05:08:56,76
The commission that involves
many many many many cities.

3574
05:09:01,89 --> 05:09:08,28
San Jose in in this. Proposal
would have only one seat

3575
05:09:09,52 --> 05:09:16,08
but they do have the airport
right and so even though they're

3576
05:09:16,09 --> 05:09:22,53
paying only seventy five thousand for
example we're paying twenty five. For them

3577
05:09:22,58 --> 05:09:29,44
it's the representation issue that they
don't get. Representation more like

3578
05:09:29,45 --> 05:09:36,32
their populations so he said it would
be taking that to San Jose would be

3579
05:09:36,33 --> 05:09:42,50
a struggle so in this chess game the Congress
people that asked us to stand this up

3580
05:09:42,51 --> 05:09:49,15
may have something to say about. How this
gets moved forward but it's suffice it to

3581
05:09:49,16 --> 05:09:55,08
say. You know despite the fact that we voted
to do it and we've put out noticed all

3582
05:09:55,09 --> 05:10:01,48
the cities exactly what happens
next and when. Will the pan but

3583
05:10:02,08 --> 05:10:08,56
every city is to being asked to consider
joining this thing. And putting in this

3584
05:10:08,57 --> 05:10:15,01
estimated field so that's what we voted
to do cities Association also is

3585
05:10:15,22 --> 05:10:21,71
considering. Forming arena sub
region that we would administer

3586
05:10:22,66 --> 05:10:29,57
to allow. Cities that want to take Owsley
to be paid by other cities to take

3587
05:10:30,21 --> 05:10:37,07
their arena allocation are only part of
the reallocation off their hands. And.

3588
05:10:38,56 --> 05:10:45,30
That's also somewhat
contentious so. Now well

3589
05:10:45,31 --> 05:10:51,74
we we said we've asked
every city to think about.

3590
05:10:53,26 --> 05:10:59,31
And give us some input before we meet
in September I believe it was you don't

3591
05:10:59,32 --> 05:11:05,92
remember do your show time right. You
were there Artie was there is right

3592
05:11:06,52 --> 05:11:13,44
yes Artie was there so.
Those were big things. Took

3593
05:11:13,45 --> 05:11:20,35
up most of the meeting we also looked
at several housing bills including. As

3594
05:11:20,36 --> 05:11:23,42
B. Eight thirty one vote to
send a letter of that and

3595
05:11:23,43 --> 05:11:29,17
a couple of other bills thirty. Eight
thirty one is the the eighty you Bill.

3596
05:11:30,47 --> 05:11:30,66
It's

3597
05:11:30,67 --> 05:11:39,84
a White House case bill to help screen
life eighty of production and. Ah

3598
05:11:39,96 --> 05:11:43,99
that Silicon Valley clean energy
last week we finally voted on

3599
05:11:43,100 --> 05:11:50,79
a contract. Two hundred megawatts of

3600
05:11:50,88 --> 05:11:57,18
wind power. Qualifying for if
you're technical on this bucket one

3601
05:11:57,38 --> 05:12:04,09
resource. So California are
innumerable qualifying wind. With

3602
05:12:04,10 --> 05:12:07,81
a. Load factor of

3603
05:12:08,14 --> 05:12:12,40
a generation factor of forty eight
percent which means it's generating

3604
05:12:12,41 --> 05:12:17,53
a lot of output forty percent of the time
it's in the good location and we expect

3605
05:12:17,54 --> 05:12:20,07
the solar plus storage
contracts to come to

3606
05:12:20,08 --> 05:12:25,49
a scene but we're actually now
creating new renewable power.

3607
05:12:27,29 --> 05:12:32,83
With these contracts that will come on
line for our residents and businesses over

3608
05:12:32,84 --> 05:12:38,27
the next few years and we
are six percent under P.G.

3609
05:12:38,28 --> 05:12:43,09
In these generation right customers are
paying six percent less for generation and

3610
05:12:43,10 --> 05:12:43,57
P.G. And E.

3611
05:12:43,58 --> 05:12:48,97
With all carbon free product All right
anybody else have anything they want to talk

3612
05:12:48,97 --> 05:12:54,88
about one quick couple quick things just
let you know when we sent you copies of

3613
05:12:54,89 --> 05:12:58,75
the draft brochure for the city
manager recruitment today please take

3614
05:12:58,77 --> 05:13:03,40
a look at them so we can turn them around
and couldn't publish also just let you

3615
05:13:03,42 --> 05:13:08,29
know we got the results of the civil grand
jury report on affordable housing in the

3616
05:13:08,29 --> 05:13:11,89
county we will be putting it on the
website and giving tonight I'm strange

3617
05:13:11,90 --> 05:13:16,85
Singapore to snow. How did we
do we did OK The county I mean.

3618
05:13:18,85 --> 05:13:22,99
Well try summarize you can read it for
yourself I think we we did the right but

3619
05:13:23,85 --> 05:13:24,32
because he's

3620
05:13:24,33 --> 05:13:31,69
a hole has issues for sure I
mean other cities Yeah. Well

3621
05:13:31,70 --> 05:13:38,57
look forward to reading it. All right our
next meeting is July third and we will.

3622
05:13:41,93 --> 05:13:44,90
Consider this meeting
adjourned until that time.