Presentations — Cupertino City Council, January 17, 2023

CC 01-17-2023
Study Session #1
City Council Procedures
Manual
Presentation
January 17, 2023
City Council Procedures Manual
CC 01-17-2023 Study Session Item No. 1
Overview
● City Manager and City Attorney identified need for
written Council procedures and policies
● Draft City Council Procedures Manual provided for
Council review and feedback
Overview

1. Introduction

2. Selection of the Mayor and Vice Mayor

3. Councilmember Committees and Subcommittees

4. Other City Commissions and Committees

5. Administrative Matters

6. Relationship with City Staff

7. Agendas and Staff Reports

8. Meeting Procedures

9. Closed Sessions

10. Enforcement of Rules; Suspension of Rules
Selection of Mayor and Vice Mayor
● The Mayor and Vice Mayor prohibited from serving
consecutive terms.
● A procedure for removal of the Mayor and Vice
Mayor would be established.

City Commissions and Committees
● Addresses service on commissions and committees by
outgoing councilmembers.
● New rules are proposed to prevent undue influence
on City commissions.

Administrative Matters
● Topics covered –
● Attendance at Council meetings
● Councilmember correspondence
● Appointments to regional bodies
● Responding to public correspondence
● Ceremonial correspondence
● Reimbursement of Council expenses
● Councilmember ethics training
Relationship with City Staff
● Decorum requirements relating to public criticism of
staff are clarified.
● A new rule clarifying Councilmember requests for
information is proposed.

Agendas and Staff Reports
● New procedures are proposed to formalize the future
agenda item list and agenda preparation process.
● Rules for agenda item descriptions are proposed.
● Minor modifications to the format of staff reports are proposed.

Meeting Procedures
● Council would adopt a meeting schedule at the
beginning of each calendar year.
● Procedures for the seating of Councilmembers are
proposed.
● Modifications to the order of business are proposed.
● Changes to the process for public comment on
consent items and removing an item from the consent
calendar are proposed.

Meeting Procedures
● Rules for public comment time limits are proposed.
● Standards of decorum are proposed.
● Council would be required to disclose ex parte
contacts.
● Standards for relevance of Council deliberations
would be clarified.

Meeting Procedures
● A procedure would be established for allocating time
to Councilmembers during deliberations.
● Limits would be imposed on beginning discussion of
an agenda item after 10:30 p.m. and continuing a
Council meeting after 11:00 p.m.
● Public hearing procedures would be established.
● Council would formally recess for a set time each
year.

Recommended Action
● Provide input regarding Council procedures and
approve Resolution No. 23-021, adopting Cupertino
City Council Procedures Manual
Questions?
CC 01-17-2023

Study Session #2

Commissions and
Committees

Presentation
January 17, 2023
Study Session Regarding City
Commissions and Committees
CC 01-17-2023 Study Session Item No. 2
Objective
● Receive direction from City Council to consolidate
certain Commissions and Committees due to their
similar duties and responsibilities and proceed with
necessary municipal code amendments
Agenda

1. Introduction

2. Background
● Existing Commissions
● Existing Committees

3. Commissions and Committees in Other Cities in Santa
Clara County

4. Staff’s Recommendation

5. Questions
City Commissions
Commission Primary Responsibilities Staff Liaison
Arts and Culture
Commission
Advises Council and encourages the
realization, preservation, and advancement
of fine arts for the benefit of the citizens of
Cupertino.

Parks and Recreation
Department
Bicycle Pedestrian
Commission
Advises Council on transportation matters
within Cupertino including bicycle and
pedestrian traffic, parking, education, and
recreation.

Public Works
Department
Housing Commission Advises Council on housing policies and strategies, affordable housing projects, and
sources of funding for affordable housing.

Community and
Development
Department
Library Commission Advises Council regarding library service in the community and serves as liaison
between the City and the Santa Clara
County Library JPA.

Parks and Recreation
Department
Parks & Recreation
Commission
Advises Council on parks and recreation
related activities, including park site
acquisition and development, community
activities, and recreation policies.

Parks and Recreation
Department
City Commissions (cont.)
Commission Primary Responsibilities Staff Liaison
Planning Commission Advises Council on land use matters such as specific and general plans, zonings, and
subdivisions. Reviews other matters as
specified by City ordinances or Title VII of the
Government Code of California.

Community and
Development
Department
Public Safety Commission Advises Council on areas relating to public safety, traffic, police, fire and other areas
where public safety may be of concern.

City Manager’s Office
– Emergency Service
Division
Sustainability Commission Advises Council on major policy areas related to the environmental goals in
Cupertino’s Climate Action Plan and
General Plan’s Environmental
Resources/Sustainability Element.

City Manager’s Office
– Sustainability Division
Teen Commission Advises Council and staff on issues and projects important to youth in the Cupertino
community.

Parks and Recreation
Department
Technology, Information, &
Communications
Commission (TICC)
Advises Council on all matters relating to
telecommunications in Cupertino and
provides support for community access
television.

Information and
Technology
Department
City Committees
Committee Primary Responsibilities Staff Liaison
Administrative Hearing
Committee
Reviews applicable projects as outlined
by municipal code.

Community
Development
Department
Audit Committee Reviews external and internal audit
reports, monthly treasurer’s report, and
city investment policies. Recommends
appointment of external and internal
auditors and recommends a budget
format.

Administrative Services
Department
Design Review
Committee
A subcommittee of the Planning
Commission that reviews aspects of site
and architectural design.

Community
Development
Department
Disaster Council Supports the City’s emergency
management and preparedness
responsibilities.

City Manager’s Office –
Emergency Service
Economic Development
Committee
Enhances and promotes a strong local
economy to provide municipal services
that businesses and residents desire and
need to maintain the community’s
quality of life.

City Manager’s Office –
Economic Development
Division
City Committees (cont.)
Committee Primary Responsibilities Staff Liaison
Environmental Review
Committee
Evaluates the environmental analysis of
a proposed project to determine
whether the project may or may not
have a significant effect on the
environment
Community Development
Department
Housing Element
Community Engagement
Plan (CEP) Committee
Advise on the Housing Element
outreach process with Housing and
Planning Commission Chairs; Provide
input on Community Engagement
required to prepare the Housing
Element
Community Development
Department
Legislative Review
Committee
Makes recommendations on legislative
advocacy issues and authorizes position
letters for legislation that aligns with the
Cityʹs Council-approved Legislative
Platform.

City Manager’s Office
Council Subcommittees
The following subcommittees are no longer active and
would be discontinued.
 Audit Expansion subcommittee
 Bidding and Contract Process subcommittee
 Bubb Road subcommittee
 City Hall Renovation / Expansion Project
subcommittee
 Community Funding Grant Program subcommittee
 Farmer’s Market subcommittee
 Fiscal Strategic Plan Committee
 Residential Design Standards subcommittee
Council Subcommittees (cont.)
In addition, the following subcommittees were approved
by City Council with pending councilmember
appointments.
 Closed Session Minutes subcommittee
 Legislative Aide selection subcommittee
 Summer Intern application review subcommittee
 Homelessness subcommittee
 Festival fee waiver subcommittee
These subcommittees would also be discontinued and
the City Manager would assume the lead role, consulting with Council as appropriate.

Cities in Santa Clara County
City
Commissions and
C ommittees Population
Mountain View 19 82,272
Cupertino 17 66,762
Milpitas 17 84,196
Los Altos Hills 16 8,300
Los Altos 15 31,190
Palo Alto 14 67,019
Santa Clara 14 128,717
Gilroy 11 58,756
Campbell 11 42,288
Sunnyvale 11 156,503
Los Gatos 9 31,439
Saratoga 9 31,030
Morgan Hill 4 45,742
Monte Sereno 3 3,492
Staff Resources
Commission Hours Spent
Annually
Bicycle Pedestrian 240
Fine Arts 200
Housing 220
Library 350
Parks and Recreation 750
Planning 1100
Public Safety 200
Sustainability 220
Teen 300
TICC 120
TOTAL 3,740
Committees Hours Spent
Annually
Administrative
Hearing Committee 30
Audit Committee 230
Disaster Council 30
Economic
Development 60
Environmental
Review 80
Design Review 40
Legislative Review 400
TOTAL 812
Staff’s Recommendation
Receive direction from City Council to:
1) Consolidate certain Commissions and Committees
into the following list
2) Discontinue all previously formed subcommittees,
and
3) Proceed with preparation of necessary ordinance
amendments.

The following Commissions are to remain:
● Arts and Culture Commission
● Bicycle Pedestrian Commission
● Housing Commission
● Library Commission
● Parks & Recreation Commission
● Planning Commission (including functions that
were previously designated for Design Review
Committee and Environmental Review
Committee)
● Public Safety Commission
● Sustainability Commission
● Teen Commission
● TICC (Technology, Information & Communication
Commission)
The following Committees are to remain:
● Administrative Hearing Committee
● Audit Committee
● Disaster Council
The following Committees will either be consolidated,
with another Commission, discontinued or delegated to
Council:
● Design Review (Planning Commission)
● Economic Development Committee (City Council)
● Environmental Review Committee (Planning
Commission)
● HE Engagement Plan (task concluded)
● Legislative Review Committee (City Council)
Questions?
CC 01-17-2023
Study Session #1
City Council Procedures
Manual- Updated
Presentation
January 17, 2023
City Council Procedures Manual
Overview
● City Manager and City Attorney identified need for
written Council procedures and policies
● Draft City Council Procedures Manual provided for
Council review and feedback
Overview

1. Introduction

2. Selection of the Mayor and Vice Mayor

3. Councilmember Committees and Subcommittees

4. Other City Commissions and Committees

5. Administrative Matters

6. Relationship with City Staff

7. Agendas and Staff Reports

8. Meeting Procedures

9. Closed Sessions

City Commissions and Committees
● Addresses service on commissions and committees by
outgoing councilmembers.
● New rules are proposed to prevent undue influence
on City commissions.

Suggested Revisions
● Revise Section 1.1 (Purpose) to remove any reference
to members of the public.
● Revise Section 2.1 (Selection of Mayor and Vice
Mayor) to allow the Mayor and Vice Mayor to serve
consecutive terms.
● Revise Section 2.2 (Removal of Mayor and Vice
Mayor) to require one warning before removal
proceedings may be instituted, or alternatively, delete the provision.
● Revise Section 4.3 (Performance Expectations) to
include additional training requirements.

Suggested Revisions
● Section 4.4 (Appointment). “. . . Former
Councilmembers are not eligible for appointment to
service on any commission or committee within four
years of having served on the City Council.”-or-
● Revise Section 4.4 (Appointment) to clarify that former Councilmembers currently serving on a commission or
committee may continue to serve the remainder of
their term. -or-
● Revise Section 4.4 (Appointment) to allow former
Councilmembers to serve without restriction.

Suggested Revisions
● Revise Section 4.6 (Undue Influence on
Commissioners) to allow Councilmembers to
participate in deliberations of City commissions.
● Section 5.7 (Council Training). “. . . Members shall
attend training sessions that are offered locally in the immediate vicinity of Santa Clara County or by
completing online a state-approved public service
ethics education program.”
● Revise Section 6.5 (Decorum) to include the
statement: “City management and Staff, the elected
Council members, Vice-Mayor and Mayor must treat
all members of the public with dignity, courtesy, and
respect.”
Suggested Revisions
● Section 6.6 (Councilmember Access to Information).

Delete the last sentence addressing Councilmember
use of the Public Records Act.
● Revise Section 7.1 (Future Agenda Items) to delete the statement: “Any item may be removed for the future
agenda list by a majority of the City Council.”
● Delete Section 7.1 (Preparation of Agenda).

Suggested Revisions
● Delete Section 8.2 (Seating of Councilmembers).
● Revise Section 8.5.2 (Removing Items from Consent
Calendar) to continue to allow members of the public
to pull items from the consent calendar.
● Revise Section 8.5.2 (Removing Items from Consent
Calendar) to allow Councilmembers to remove items
from the consent calendar without providing notice
before the Council meeting begins.
● Revise Section 8.6 (Public Comment) to remove the 10
minute-limit on total time for public comment by a
single member of the public.

Suggested Revisions
● Section 8.9.3 (Council Questions and Deliberations).
“. . . A member who has been recognized should shall
limit their time to 5 minutes. The Mayor may allow
additional time for questions where appropriate.”
● Revise Section 8.10 (Meeting Length) to require only a majority of members present and voting to extend
Council meetings past 11:30 p.m.
● Clarify Section 8.12 (City Council Recess Period) to
note that a special meeting may be called during
recess.

Suggested Revisions
● Define a “study session” and prohibit Council from
taking action on a study session item.
● Release the agenda earlier to provide more time for
Council and the public to review.
● Include language regarding ad hoc subcommittees
requiring (1) estimated staff resources required;
(2) membership and purpose of the subcommittee;
and (3) a process for termination of the
subcommittee.

Suggested Revisions
● Include language emphasizing Council’s
policymaking authority, staff’s independence, and
the need to present alternatives to Council as
appropriate.
● Include requirements to ensure that staff responses to Council questions regarding agenda items are shared
with other Councilmembers and members of the
public.

Suggested Revisions
● Adopt a system of pre-registration for public comment and “virtual speaker cards.”
● Adopt rules for the introduction of future agenda
items through “colleagues memos.”
● Develop detailed guidelines for writing agenda items.

Recommended Action
● Provide input regarding Council procedures and
approve Resolution No. 23-021, adopting Cupertino
City Council Procedures Manual
Questions?
CC 01-17-2023
Item No. 26
Lawrence-Mitty Park and
Trail project
Presentation
Project Phases

Project Phases – More to Come!

CC 01-17-2023

#27

Weed Abatement
Program

Presentation
Cupertino City Council
January 17, 2023
Weed Abatement Program
CC 01-17-2023 Item No. 27
Weed Abatement Program
● Prevents fire hazards from vegetative growth
and combustible materials
● Managed by the Santa Clara County
Department of Agriculture
● City Code 9.08 requires property owners to
remove or destroy weeds
● Compliance is required annually by April 30
and throughout the year
County Report
● Program list of properties that have been
non-compliant in removing weeds
● Properties remain on the list for three years
● Removed if found hazard free during that
time
● November 15, Council adopted Resolution
No. 22-138 accepting the County report
Owner Responsibilities
● Vegetation height must not exceed 6 inches
● Includes roadways and driveways
● Clear vegetation 30’ from structures
● Clear combustible debris
● Clear from under eaves of houses
● Trim tree branches 10’ from chimney
● Clear debris from roofs and gutters
Compliance
Before After
Compliance
Before After

Abatement Options
● Option 1: homeowner completes the required
work
● Option 2: authorized contractor completes
the work, charges appearing on next property
tax bill
Inspections
● April 30, County begins conducting property
inspections
● Every property in the program receives an initial
inspection
● Program is entirely cost recovery, so every property
is charged an inspection fee
● Initial inspection fee is waived for parcels that pass inspection
● Waived fees are billed to the City instead of
property owner
Initial Inspection Fees
Supplemental Costs
● November 2020, Council budget appropriation of
$8,046 (ongoing) in the General Fund
● Covers the costs of parcels that will pass the initial inspection
● Budget modification will be requested for costs
exceeding allocation amount
2021 (Actual) 2022 (Actual) 2023 (Estimate)
$7,896 $10,465 $10,212
Notice to Property Owners
● December 13, County sent notice of public
hearing and notice to abate
● December 16, City sent reminder letter to
abate by April 30 and maintain year-round
Recommended Action:
● Adopt Resolution No. 23-019 ordering
abatement of public nuisance from weeds
or other fire hazards pursuant to provisions
of Cupertino Municipal Code Chapter 9.08
and Resolution No. 22-138;
● Conduct hearing for impacted property
owners to contest the matter of proposed
abatement

Cupertino City CouncilJanuary 17, 2023

Cupertino City Council
January 17, 2023