Written Communications (Updated 1-26-2023) — Cupertino City Council, January 25, 2023

CC 01-25-2023
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City Council Procedures
Manual
Supplemental Staff Report
and Amended Attachment A
Procedures Manual
(Annotated Redline)
Desk Item

CITY COUNCIL STAFF REPORT
Meeting: January 25, 2023

Subject
Consider adopting Cupertino City Council Procedures Manual, including a new Ceremonial Correspondence Policy
Recommended Action
Provide input regarding Council procedures and approve Resolution No. 23‐____, adopting Cupertino City Council Procedures Manual, including a new Ceremonial Correspondence Policy
Supplemental Report
Edits to the annotated redline version of the Cupertino City Council Procedures Manual are highlighted in Attachment A. The edits include changes to Section 8.9.1 to ensure that the staff recommendation is reflected in the text of the proposed Procedures Manual.

Fiscal Impact
No fiscal impact.
_____________________________________

Prepared by: Christopher D. Jensen, City Attorney
Approved for Submission by: Pamela Wu, City Manager

Attachments:

A ‐ Draft Cupertino City Council Procedures Manual (Annotated Redline)

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1 City of Cupertino
City Council Procedures
Manual

Attachments:

Ex. A – Ceremonial Correspondence
Policy
Ex. B – Elected Officials’
Compensation Program
Ex. C – Council Technology Policy
Ex. D. – Resolution No. 07-103
Ex. E – Municipal Code Chapter 2.17
Effective Date:

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Responsible Departments:

City Manager’s Office
Related Policies & Notes:

See Exhibits A–E.

1. Introduction

1.1 Purpose. The purpose of this Manual is to promote communication, understanding, fairness, and trust among the members of the City Council, City staff, and members of the public concerning their roles, responsibilities, and expectations for management of the business of the City of Cupertino.

Comments:

Councilmember Moore: Revise Section 1.1 to delete “and members of the public.”

1.2 Values. Courtesy and respect for individual points of view should be practiced at all times. All Councilmembers shall respect each other’s right to disagree. All Councilmembers shall act with decorum and courtesy.

1.3 Brown Act. All actions of the City Council and City commissions, committees, and subcommittees shall comply with the Ralph M. Brown Act.

Comments:

Councilmember Chao: Add a new Section 1.2 that reads as follows: “Principle. The City Council maintains control as the governing body. This manual ensures free and fair access to the flow of any information relative to the operation of the City and free and fair access to public meetings.”

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2 2. Selection of the Mayor and Vice Mayor

2.1 Selection of Mayor and Vice Mayor. The Mayor and Vice Mayor shall be selected annually at a special meeting on the second Thursday of December.

The Mayor and Vice Mayor shall not serve consecutive terms; provided, however, this provision shall not prevent the Vice Mayor from succeeding to the office of Mayor.

Comments:

Councilmember Moore: Revise Section 2.1 to delete: “The Mayor and Vice Mayor shall not serve consecutive terms; provided, however, this provision shall not prevent the Vice Mayor from succeeding to the office of Mayor.”

2.2 Removal of Mayor and Vice Mayor. The Mayor or Vice Mayor may be removed from office, for cause, by a 4/5ths affirmative vote of the members.

The Mayor or Vice Mayor must be advised of the proposed cause for removal at least 72 hours before any action is taken. If the Mayor is removed from office, the Vice Mayor shall become Mayor. If either officer is removed from office, the Vice Mayor shall be appointed from among the remaining three Councilmembers.

Comments:

Mayor Wei: Revise Section 2.2 to delete “for cause” and change “a 4/5ths affirmative vote of the members” to “a majority affirmative vote of the members.”
Councilmember Chao: Revise Section 2.2 to add: “Removal for cause shall mean removal of a Councilmember because of such member’s (a) willful and continued failure substantially to perform their duties, (b) conviction for, or guilty plea to, a felony or a crime involving moral turpitude, or (c) abuse of illegal drugs or other controlled substances or habitual intoxication. The removal should proceed with a formal warning, which states with proven evidence of the member’s failure to perform their duties and proposed corrective measures.”
Vice Mayor Mohan: Revise Section 2.2 to add: “Removal for cause shall mean removal of a Councilmember because of such member’s (a) willful and continued failure substantially to perform their duties, (b) conviction for, or guilty plea to, a felony or a crime involving moral turpitude, (c) abuse of illegal drugs or other controlled substances or habitual intoxication, or (d) other illegal DRAFT

3 activities. The removal should proceed with a formal warning, which states with proven evidence of the member’s failure to perform their duties and proposed corrective measures.”

3. Councilmember Committees and Subcommittees

3.1 Appointment. The Mayor shall appoint Councilmembers to standing and ad hoc committees and subcommittees established by the City Council, subject to ratification by the Council at its next regular meeting. It will be the responsibility of the committees and subcommittees to inform and submit recommendations to the Council.

Comments:

Councilmember Chao: Replace Section 3.1 with the following: “It will be the responsibility of the committees and subcommittees to inform and submit recommendations to the Council. The purpose and scope of each standing or ad hoc committee should be stated when it is formed and re‐stated when councilmembers are appointed to the committee at a regular meeting.  The City Manager shall prepare a report to Council about the anticipated time commitment required for staff to assist the Ad Hoc Committee.  Information: The scope, membership, time of creation and estimated number of meetings for each Ad Hoc Committee shall be posted to the City Council website.
 Termination: A majority of the Council may vote to terminate any Ad Hoc Committee following a written report by the committee.
 Ad Hoc Committees do not constitute legislative bodies and are not subject to the requirements of the Brown Act. Standing committees that have a continuing or indeﬁnite jurisdiction are subject to the Brown Act.” Councilmember Moore: Revise Section 3.1 as follows: “The Mayor shall appoint Councilmembers to standing committees and all Councilmembers may nominate any Councilmember to ad hoc committees and subcommittees established by the City Council, with consideration of Councilmember preference, equitable distribution, seniority, experience, and benefit to the committee, subject to ratification by the Council at its next regular meeting. It will be the responsibility of the committees and subcommittees to inform and submit recommendations to the Council.”

3.2 Instructions and Expectations. The Council shall make certain that all Council committees and subcommittees are properly instructed in their assigned scope DRAFT

4 of work and responsibilities. The committee’s or subcommittee’s jurisdiction shall be defined in writing and approved by a majority of the City Council. All Council committees and subcommittees having a continuing or indefinite jurisdiction shall be subject to the Brown Act.

3.3 Reporting. Council committee and subcommittee members are to keep the Council informed of the work and progress of their committee or subcommittee. These reports or minutes shall be made in writing whenever a recommendation is made to the Council.

Comments:

Councilmember Moore: Revise Section 3.3 as follows: “Council committee and subcommittee members are to keep the Council informed of the work and progress of their committee or subcommittee. These reports or minutes shall be made in writing whenever a recommendation is made to the Council.” 4 Other City Commissions and Committees

4.1 Responsibility. The Council will make appointments to City’s commissions and committees. Qualifications to serve on commissions and committees shall be set forth in the Municipal Code or by a resolution or motion of the Council that is not inconsistent with the Municipal Code. Appointment of Councilmembers to City committees shall be governed by the procedures in Section 3.

4.2 Attendance at Council Meetings. At least one commission member must attend City Council meetings when the commission has an item of interest on the Council agenda, so as to be available to answer Council questions.

Comments:

Mayor Wei: Revise Section 4.2 to add: “ . . . Staff shall provide the commission with advance notice for the commission to select a member to attend the City Council meeting.”
Councilmember Moore: Revise Section 4.2 as follows: “At least one commission member, preferably the Chair or Vice Chair, must attend City Council meetings when the commission has an item of interest on the Council agenda, so as to be available to answer Council questions.” DRAFT

5 4.3 Performance Expectations. The Council shall make certain that all commissions and committees are properly instructed on their responsibilities and performance expectations. This will include the issuance of a Council‐ approved Commission and Committee Handbook and a mandatory annual training session for all Commission and Committee members.

4.4 Appointment. Commission and Committee applicants will be interviewed by the Council before being voted on by the Council in a noticed public meeting.

Applicants are considered by motion and appointed by a majority vote of Council. Two members of an immediate family or persons residing in the same household shall not be allowed to serve simultaneously on the same commission or committee. Immediate family members residing in the same household as a Councilmember are not eligible for appointment to any commission or committee. Former Councilmembers are not eligible for appointment to any commission or committee within four years of having served on the City Council.

Comments:

Multiple Councilmembers: Revise Section 4.4 as follows: “. . . Former Councilmembers are not eligible for appointment to service on any commission or committee within four years of having served on the City Council.” Councilmember Chao: Delete the last sentence of Section 4.4 (“Former Councilmembers are not eligible for appointment to any commission or committee within four years of having served on the City Council.”). Add:
“City staff should report communications from former Councilmembers and former commissioners on issues related to City business through phone calls or in‐person communications.”
Councilmember Moore: Revise Section 4.4 as follows: “. . . Former Councilmembers are not eligible for appointment to any commission or committee within four years of having served on the City Council.

Commissioners and committee members shall not be employees of the City or companies which the City contracts with, or employees of subcontracted companies.”

4.5 Removal. The City Clerk shall remove commission or committee members for failure to comply with attendance policies adopted in the Commission and Committee Handbook Commissioner’s Handbook. Council retains full discretion to review commission and committee member performance and may DRAFT

6 take disciplinary action as needed, including removal from the commission or committee.

Comments:

Staff Recommendation: Revise Section 4.5 to strike references to committees in the first sentence.

Councilmember Chao: Revise Section 4.5 as follows: “The City Clerk shall remove inform the Council to consider removal of commission or committee members for failure to comply with attendance policies adopted in the Commission and Committee Handbook . . . . “
Vice Mayor Mohan: Revise Section 4.5 as follows: “The City Clerk shall remove commission or committee members for failure to comply with attendance and other policies adopted in the Commission and Committee Handbook Commissioner’s Handbook . . . .”

4.6 Undue Influence on Commissioners. Councilmembers should not attempt to influence or publicly criticize commission recommendations or to influence or lobby individual commission members on any item under their consideration.

It is important for commissions to be able to make objective recommendations to the City Council on items before them. Councilmembers that attempt to influence commission positions on an item may prejudice or hinder their role in reviewing the commission’s recommendation as a member of the City Council.

Individual Councilmembers and commissioners shall have the right to attend meetings of commissions and other Cupertino governmental bodies but shall refrain from speaking or becoming involved in deliberations.

Comments:

Staff Recommendation: Delete “and commissioners” from the last sentence of Section 4.6.

Councilmember Moore: Delete “Individual Councilmembers and commissioners shall have the right to attend meetings of commissions and other Cupertino governmental bodies but shall refrain from speaking or becoming involved in deliberations.”

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7 Councilmember Chao: Add two new paragraphs in Section 4 that read as follows:

“On every item within the jurisdiction of a commission, the staff liaison shall work with the commission chair to schedule the item to receive inputs and seek recommendations from the commission, as time permits. The staff report at the Council meeting shall include commission inputs and recommendations. Rationale should be given when commission inputs are not available for an item within their jurisdiction.”

“Respect the Role of Council Members as Policy Makers for the City. Staff is expected to provide its best professional recommendations on issues.

Staff should not try to determine Council support for particular positions or recommendations in order to craft recommendations. The Council must be able to depend upon the staff to make independent recommendations. Staff should provide information about alternatives to staff recommendations as appropriate, as well as pros and cons for staff recommendations and alternatives.”

5. Administrative Matters

5.1 Attendance. City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duty. Councilmembers shall make a good faith effort to attend all such meetings. Council members shall notify the Mayor or the City Clerk if they will be absent from a meeting.

Comments:

Councilmember Moore: Revise Section 5.1 to add the following: “Council attendance will be noted in the agenda of the next regular meeting and thereafter for that calendar year, if three or more meetings are missed.”

5.2 Correspondence. Proposed correspondence from the Mayor or other Councilmembers on City stationery should generally be reviewed by the Council in draft form prior to release. On occasion, there are urgent requests from the League of California Cities for correspondence concerning legislation directly affecting municipalities. If the Mayor and the City Manager agree that the League’s position corresponds with that of the Council, the Mayor may send a letter without first obtaining Council approval. City letterhead will be made available for routine correspondence (e.g., thank you notes). Official DRAFT

8 correspondence (including email) from Councilmembers should be respectful and professional.

Comments:

Councilmember Moore: Revise Section 5.2 to add the following: “Official correspondence from any member of Council shall be provided to all members of Council.”

5.3 Regional Bodies. The Mayor shall appoint Councilmembers to represent the City of Cupertino on regional bodies subject to ratification by the Council at its next regular meeting. The Mayor should endeavor to provide all Councilmembers a fair opportunity to represent the City. The positions taken by the appointed representatives should be in alignment with the positions that Council has taken on issues that directly impact the City of Cupertino. If an issue arises that is specific to Cupertino and Council has not taken a position, the issue should be discussed by Council prior to taking a formal position at a regional board meeting to assure that it is in alignment with Council’s position.

Council representatives to such various boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council.

Councilmembers shall make a good faith effort to attend all regional meetings that require a quorum of the appointed members to convene a meeting.

Attendance should not be less than 75% of all scheduled meetings. If a Councilmember is unable to attend, they should notify their alternate as far in advance of the meeting as possible so as to allow the alternate to attend.

Comments:

Councilmember Moore: Revise Section 5.3 as follows: “Council representatives to such various boards shall keep the Council informed of ongoing business through brief oral or and written reports to the Council”; and add the following: “The Council representative shall provide a written report to Council consistent with Section 3.3.”

5.4 Responses to Public. It will be the responsibility of the City Manager to ensure a response is provided to public correspondence for informational requests addressed to the Council. Staff shall respond to all requests for services as appropriate, and the City Manager shall keep Council informed of the City response.

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9 5.5 Ceremonial Correspondence. Proclamations, certificates of appreciation or recognition, and letters of recognition or support are discretionary public announcements directing attention to a local resident, organization, or event.

The Mayor may issue ceremonial proclamations, certificates, and letters as set forth in the City of Cupertino Ceremonial Correspondence Policy (Exhibit A).

5.6 Reimbursement. City Councilmembers may be reimbursed for expenses for travel to and lodging at conferences or meetings related to their role as a Councilmember as stated in the Elected Officials’ Compensation Program, as may be amended from time to time (Exhibit B). Any additional expenses that fall outside the scope of this policy may be reimbursed only if approved by the City Council, at a public meeting before the expenses are incurred. Any request for reimbursement of expenses shall be accompanied by an expense form and receipts to document the expenditure. These documents are public records subject to disclosure under the California Public Records Act. Councilmembers shall be eligible to receive City‐issued hardware and software for the conduct of official business pursuant to the Council Technology Policy (Exhibit C).

5.7 Council Training. Any member of the City Council and City commissions or advisory committees formed by the City Council shall receive ethics and anti‐ harassment training required by state law. New members must receive the training within their first year of service. 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, or at any conference attended . The City Clerk shall keep ethics training records for five years.

Comments:

Staff Recommendation: Any member of the City Council and City commissions or advisory committees formed by the City Council shall receive ethics and anti‐harassment training required by state law. New members must receive the training within their first year of service and shall comply with ongoing training requirements imposed by state law. 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, or through a state‐approved training which may be provided at a conference attended by the member. The City Clerk shall keep ethics training records for five years.

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10 Councilmember Fruen: Revise Section 5.7 to delete requirement that state‐ approved ethics education must be online.

5.8 Mayor’s Initiative Budget. The Mayor may use the Mayor’s initiative budget established as part of the City Manager’s discretionary fund for projects that the Mayor deems appropriate during the Mayorʹs term of office, subject to the requirements of Resolution No. 07‐103 (Exhibit D). The amount of the Mayorʹs initiative budget is determined by the City Council.

6. Relationship with City Staff

6.1 Incorporation of Municipal Code by Reference. Cupertino Municipal Code Chapter 2.17 (Exhibit E) governs the City Council’s relationship with the City Manager and their staff under the Council‐Manager form of government. To the extent that the provisions of Chapter 2.17 are not set below, they are incorporated by reference into this Manual.

6.2 Council/Manager Form of Government. Under the Council/Manager form of government, the City Council sets policy direction as the direct representatives of the community with the City Manager providing the professional expertise to manage the organization and carry out the Councilʹs direction. The City Manager is responsible for carrying out the Councilʹs policy direction through the day‐to‐day management of City functions, including the oversight of City operating departments. Neither individual Councilmembers nor the Council as a whole shall interfere with the City Manager’s performance of the administrative duties conferred upon them in Cupertino Municipal Code section 2.28.040.

6.3 Council‐Manager Relations. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any Councilmember shall give orders to any subordinates of the City Manager.

The City Manager shall take instructions from the City Council only when given at a duly held meeting of the City Council, and no individual Councilmember shall give any instructions to the City Manager.

6.4 Individual Councilmember Influence on Staff Decisions Prohibited.

Individual Councilmembers shall not attempt to influence staff decisions, recommendations, workloads, and schedules, and department priorities without prior knowledge and approval of the City Council. If a Councilmember wishes to influence the actions, decisions, recommendations, DRAFT

11 workloads, work schedules and priorities of staff, that member must prevail upon the City Council to do so as a matter of Council policy.

6.5 Decorum. All Councilmembers and City staff shall treat each other with dignity, courtesy, and respect. In exercising the City Council’s policymaking authority, Councilmembers must often critique, modify, or reject a staff recommendation. While thorough vetting and criticism of staff policy recommendations or decisions is a necessary component of Council’s policymaking role, criticism should focus on the policy recommendations and decisions and should avoid personal attacks. Councilmembers shall refrain from publicly criticizing the general abilities, character, or motivations of any staff member and should share any such concerns privately with the City Manager or City Attorney.

6.6 Councilmember Access to Information. City Council members have free access to the flow of any information related to the operation of the City. The City Manager shall ensure that such information is communicated by staff in full and with candor to the Council. City staff will make every effort to respond in a timely and professional manner to all requests made by individual council members for information or assistance, provided that, in the judgment of the City Manager, the request is not of a magnitude either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council, based on the guidelines set forth in Cupertino Municipal Code section 2.17.043. No Councilmember shall circumvent the City Manager’s direction regarding a request for information by seeking information through a Public Records Act request.

Comments:

Mayor Wei: Revise Section 6.6 as follows: “. . . No Councilmember shall circumvent the City Manager’s direction regarding a request for information by seeking information through a Public Records Act request except with the approval of the Council with a majority affirmative vote of the members.” Councilmember Moore: Revise Section 6.6 to delete the sentence: “No Councilmember shall circumvent the City Manager’s direction regarding a request for information by seeking information through a Public Records Act request.”
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12 6.7 Authority of City Council. Nothing in this Manual shall limit the City Council’s power to accept, reject, amend, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, department priorities, and the conduct of city business through the office of the City Manager. This power cannot be delegated to individual Councilmembers, nor to committees composed of Councilmembers consisting of less than a quorum of the City Council.

7. Agendas and Staff Reports

7.1 Future Agenda Items. The City Manager, the City Attorney, the Mayor, or any two Councilmembers may request that an item be added to a future agenda for Council action. The City Manager shall provide a quarterly report to Council regarding the status of future agenda items, which may include a request to remove items from the list of future agenda items. Any item may be removed for the future agenda items list by a majority vote of the City Council.

Comments:

Mayor Wei: Revise section 7.1 as follows: “The City Manager shall provide a quarterly report to Council regarding the status of future agenda items, which may include a request to remove items that are outdated or obsolete, from the list of future agenda items. Any item Outdated or obsolete items may be removed for the future agenda items list by a majority vote of the City Council.

The City Manager may ask Council to reaffirm that items remain on the future agenda items list with the support of two council members.” Multiple Councilmembers: Revise Section 7.1 to delete the sentence: “Any item may be removed for the future agenda items list by a majority vote of the City Council.”

7.2 Preparation of Agenda. The City Clerk shall prepare the agenda in consultation with the City Manager, the Mayor, and the City Attorney. Absent exigent circumstances, an item will be scheduled for Council action no sooner than 14 days after receipt of a request to add the item to the future agenda items list. Any item requiring preparation of a staff report requires City Manager approval or, in case of a report prepared by City Attorney’s Office staff, City Attorney approval, before being added to an agenda. The Mayor, in consultation with the City Manager and the City Clerk, shall determine the order of items on the agenda.

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13 7.3 Agenda Item Descriptions. Each agenda item shall include a brief general description of the matter to be discussed (approximately 20 words in length), including any action that may be taken under the California Environmental Quality Act, and should generally include the recommendation of the City Manager.

7.4 Staff Reports. Staff reports should include the following sections:

1. Subject

2. Recommended Action

2. Reasons for Recommendation

3. Sustainability Impact

4. Fiscal Impact

5. California Environmental Quality Act

7.5 Agenda Publication. Agenda packets for a regular meeting should be published and delivered to Councilmembers no later than the Thursday Wednesday prior to a Tuesday Council meeting. Councilmembers are encouraged to contact staff in advance for answers to questions regarding an agenda packet. Written communications addressed to Council shall be forwarded to Council and made available to members of the public, consistent with the requirements of the Brown Act.

Comments:

Staff Recommendation: Revise Section 7.5 to require the publication of agenda packets no later than the Wednesday prior to a regular Council meeting.

7.6 Supplemental Materials. Supplemental reports received by the City Clerk after the agenda is published but before 12:00 p.m. on the Monday prior to the City Council meeting shall be published and delivered to Councilmembers at 5:00 p.m. on Monday. Supplemental reports received by the City Clerk after 12:00 p.m. on Monday but before 4:00 p.m. on the day of the meeting shall be published and delivered to Councilmembers prior to the Council meeting.

Comments:

Councilmember Chao: Add a new paragraph that reads as follows: “Questions and all staff‐prepared responses will be forwarded to all Councilmembers as well as put up on the special web page created for public review of Council agenda questions and staff responses. Staff will include the name of the Councilmember posing the questions in the ‘subject’ field of the e‐mail DRAFT

14 response. Written copies of all Councilmember agenda questions and staff responses will be at Council places at the meeting; additionally copies will be made available in the Council Chambers for members of the public.”

8. Meeting Procedures

8.1 Meeting Schedule. The City Council conducts its regular meetings on the first and third Tuesdays of the month, except when Council is in recess. At the second regular meeting in January, the City Council will approve the schedule of meetings for the calendar year, which in addition to the regular meeting schedule may include the cancellation of regular meetings and the addition of special meetings and study sessions. This practice does not, however, preclude the Mayor or a majority of the members of the City Council from calling additional meetings pursuant to the Brown Act.

8.2 Seating of Councilmembers. For meetings held in Council Chambers at Community Hall, the Mayor shall be seated at the center of the dais and the Vice Mayor shall be seated immediately to the Mayor’s left. The remaining Councilmembers shall be seated in order of seniority as follows: (1) the seat immediately to the right of the Mayor; (2) the last seat on left side of the dais; (3) the last seat on the right side of the dais. Seniority shall be based on the number of consecutive years of service on the City Council. If two members have equal seniority based on service, the member with the higher vote count in their most recent election is considered to have higher seniority.

Comments:

Staff Recommendation: Delete Section 8.2.

8.3 Rules of Order. City Council meetings shall be governed by Rosenberg’s Rules of Order. Unless otherwise required by state law or City ordinance, decisions of the Council shall be made by a majority of members present and voting. The Mayor may impose additional reasonable procedural rules not inconsistent with Rosenberg’s Rules of Order and the provisions of this Manual, unless objected to by a majority of Councilmembers present.

8.4 Order of Business. The order of agenda items for regular Council meetings is as follows:

1. Call to Order

2. Pledge of Allegiance

3. Roll Call
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15 4. Closed Session Report

5. Ceremonial Items

6. Oral Communications (public comment on non‐agenda matters)

7. Consent Calendar

8. Public Hearings

9. Action Calendar

10. Council Reports and Comments

11. City Manager Report

12. Oral Communications (continued)
1213 Informational Items
1314 Adjournment
Oral communications shall be limited to 30 minutes. Additional speakers wishing to comment on non‐agenda items may be given time to speak at the end of the agenda, after the City Manager’s report. In the absence of an objection made by a majority of Councilmembers present and voting, the Mayor may modify the order of business to facilitate the fair and efficient conduct of Council meetings.

Comments:

Staff Recommendation: Revise Section 8.4 to include any oral communications that continue beyond the allotted 30 minutes in the Order of Business.

8.5 Consent Calendar.

8.5.1 Adding Item to Consent Calendar. The Mayor, the City Manager, the City Attorney, or the City Clerk may recommend that items appearing on the agenda be placed on the consent calendar for action by the City Council. In addition, any item may be placed on the consent calendar by a majority vote of the City Council. All items placed on the consent calendar shall appear together on the agenda with the recommendation as to the action to be taken by the City Council with respect to such item.

Upon the motion of any member of the City Council, all items placed upon the consent calendar may be acted upon together, and each shall be deemed to have received the action recommended. Items may be removed from the consent calendar only by a member of the City Council.

Comments:

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16 Mayor Wei: Revise Section 8.5.1 as follows: “. . . Items may be removed from the consent calendar only by a member of the City Council. Items may be removed from the consent calendar by a member of the public with the approval of the Council with a majority affirmative vote of the members. The member of the public requesting removal must state the reason for the request.”
Councilmember Moore: Revise Section 8.5.1 to delete: “Items may be removed from the consent calendar only by a member of the City Council.”

8.5.2 Removing Item from Consent Calendar. Any member of the City Council who would like to remove an item from the consent calendar shall notify the City Manager and the City Clerk prior to the meeting.

Although members of the City Council are encouraged to ask questions and share concerns about the agenda item with staff before the meeting, they are not required to do so. Items removed from the consent calendar shall be placed at the end of the agenda for consideration.

Comments:

Councilmember Moore: Delete Section 8.5.2.

Councilmember Fruen: Revise Section 8.5.2 to allow Councilmembers to remove at most one item from the consent calendar without providing notice before the Council meeting begins.

8.6 Public Comment. An opportunity for public comment shall be provided for the consent calendar, each other agenda item under consideration, and, during regular meetings, on any matter that is within the subject matter jurisdiction of the City Council. The Mayor may consolidate public comment for related agenda items, subject to overruling by a majority vote of the Council. Non‐ agenda matters (including Council and staff reports and informational items) may be addressed by the public during oral communications. Members of the public wishing to speak regarding an item shall submit a request to comment to the Clerk (“blue card”) or, where applicable, raise their hand in Zoom within five minutes of the time the Mayor opens public comment. Each individual speaker will ordinarily have up to three minutes to address the Council. If a speaker representing five or more members of the public in attendance and wishing to comment on the item but electing not to speak, the speaker may have up to 10 minutes to address the Council. Consolidation of time among DRAFT

17 speakers is not otherwise allowed. No member of the public may be allocated more than a combined total of 10 minutes to speak during a Council meeting. If a large number of speakers wish to address Council on an item, the Mayor may reduce the time allotted to each speaker consistent with the Brown Act. Twice the speaking time will be provided to any member of the public who uses a translator.

Comments:

Mayor Wei: Revise Section 8.6 as follows: “. . . Members of the public wishing to speak regarding an item shall submit a request to comment to the Clerk (“blue card”) or, where applicable, raise their hand in Zoom within five nine minutes of the time the Mayor opens public comment . Each individual speaker will ordinarily have up to three minutes to address the Council. If a speaker is representing themself and one other member of the public in attendance wishing to comment on the item but electing not to speak, the speaker may have up to five minutes to address the Council. If a is speaker representing themself and two other members of the public in attendance, the speaker may have up to seven minutes to address the Council. If a speaker is representing themself and three other members of the public in attendance, the speaker may have 9 minutes to address the Council. If a speaker representing five or more members of the public in attendance and wishing to comment on the item but electing not to speak, the speaker may have up to 10 minutes to address the Council. Consolidation of time among speakers is not otherwise allowed. No member of the public may be allocated more than a combined total of 10 minutes to speak during a Council meeting. If a large number of speakers wish to address Council on an item, the Mayor may reduce the time allotted to each speaker consistent with the Brown Act. Twice the speaking time will be provided to any member of the public who uses a translator. All public comments must be relevant to the issue before the City Council. Arguments for or against a measure should be stated as concisely as possible.” Councilmember Moore: Revise Section 8.6 to delete: “No member of the public may be allocated more than a combined total of 10 minutes to speak during a Council meeting.”
Councilmember Fruen: Revise Section 8.6 to remove the 10‐minute limit on total time for public comment by a single member of the public and to increase the length of time members of the public have to raise their hand or submit a blue card to speak to 9 minutes.

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18 8.7 Communications with Members of the Public. The City Council may ask questions of speakers providing public comment but should avoid an extended discussion with members of the public during meetings. Additionally, when a member of the public provides comments regarding a matter that is not on the agenda, Councilmembers may (1) refer the speaker to staff; (2) refer the speaker to appropriate reference material; (3) request that staff report back at a future meeting; or (4) request that staff place the item on a future agenda.

Councilmembers should not otherwise respond to or comment on an item of business that is not on the agenda. City staff should generally avoid responding to comments or questions from members of the public during Council meetings, although the City Manager or City Attorney may offer to arrange a time to discuss the subject matter of public comments with members of the public subsequent to the Council meeting.

8.8 Conduct of Meetings

8.8.1 Councilmembers. Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Councilmembers shall accord courtesy to each other, to City employees, and to members of the public appearing before the City Council.

8.8.2 City Employees. City staff shall observe the same rules of decorum applicable to the City Council. City staff shall act at all times in a businesslike and professional manner towards Councilmembers and members of the public.

8.8.3 Members of the Public. Members of the public attending City Council meetings are encouraged to treat Councilmembers, City staff, and other members of the public with the same courtesy that Councilmembers and City staff must accord to them. Any members of the public who engages in conduct that disrupts a City Council meeting shall be removed from the meeting. Nothing in this Manual or any rules of conduct that may be adopted by the City Council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council, City advisory bodies, or City staff.

8.9 Discussion and Deliberation

8.9.1 Ex Parte Contacts. Councilmembers shall disclose any ex parte contacts prior to deliberation on a quasi‐adjudicative matter ex parte DRAFT

19 communications prior to deliberation on a quasi‐judicial matter. A quasi‐ judicial matter is typically a hearing in which the City Council hears evidence and makes findings of fact to reach a conclusion based on the applicable law. An ex parte communication occurs when a Councilmember hearing a quasi‐judicial matter communicates directly or indirectly with any person or party in connection with a matter before the Council, without notice and the opportunity for all parties to participate.

Comments:

Staff Recommendation: Replace Section 8.9.1 with the following:
“Ex Parte Communications. Councilmembers shall disclose any ex parte communications prior to deliberation on a quasi‐judicial matter. A quasi‐ judicial matter is typically a hearing in which the City Council hears evidence and makes findings of fact to reach a conclusion based on the applicable law. An ex parte communication occurs when a Councilmember hearing a quasi‐judicial matter communicates directly or indirectly with any person or party in connection with a matter before the Council, without notice and the opportunity for all parties to participate.”

8.9.2 Relevance. All discussion must be relevant to the issue before the City Council. A Councilmember is given the floor only for the purpose of discussing the pending matter; discussion which departs from the item agendized for discussion is out of order. Councilmembers should avoid repetition and shall not discuss matters that are not on the agenda.

Arguments for or against a measure should be stated as concisely as possible.

8.9.3 Council Questions and Deliberations. Councilmembers may obtain the floor by seeking recognition from the Mayor. Following presentations to Council on an agenda item, Councilmembers shall each be given 5 minutes to ask questions of any presenter. The Mayor may allow additional time for questions where appropriate. Following public comment, the Mayor may request that a motion be made and seconded.

After the motion has been stated to the Council and seconded, any member of the Council has a right to discuss the motion after obtaining the floor. A member who has been recognized should limit their time to 5 minutes.

Comments:

DRAFT

20 Mayor Wei: Revise Section 8.9.3 to add the following: “. . . The Mayor may allow additional time for deliberation where appropriate.” Councilmember Fruen: Replace Section 8.9.3 with the following:
“Councilmembers may obtain the floor by seeking recognition from the Mayor. Following presentations to Council on an agenda item, Councilmembers shall each be given five minutes to ask questions of any presenter. The Mayor may allow additional time for questions where appropriate. Following public comment, the Mayor may request that a motion be made and seconded. After the motion has been stated to the Council and seconded, any member of the Council has a right to discuss the motion after obtaining the floor. A member who has been recognized shall limit their time to five minutes. The Mayor may allow additional time for questions where appropriate. This rule shall displace any conflicting rule in the City’s adopted rules of procedure.”

8.9.4 Opportunity for Equal Participation. It is the policy of the Council to encourage the full, fair participation of all members of the Council in discussions and deliberations. The Mayor may impose reasonable limits on the time any Councilmember is permitted to speak to advance this policy. In addition, all Councilmembers wishing to be recognized should be given an opportunity to speak before any member is allowed to speak a second time.

8.9.5 Civility. While it is appropriate to vigorously debate a motion, its nature, or its consequences, Councilmembers shall avoid attacks on the motives, character, or personality of other Councilmembers, City staff, and members of the public. The Mayor shall rule out of order any Councilmember who engages in such attacks.

8.9.6 Role of the Mayor. The Mayor has the responsibility for controlling and expediting the discussion of an agenda item. It is the duty of the Mayor to keep the subject clearly before the Councilmembers, to rule out irrelevant discussion, and to ensure civil discussion among Councilmembers.

8.10 Meeting Length. Meetings of the City Council shall adjourn by 11:00 p.m. unless the time of adjournment is extended by a vote of a majority of the City Council. Discussion of an agenda item shall not begin after 10:30 p.m. Any motion to extend the meeting beyond 11:00 p.m. shall include a list of specific agenda items to be discussed or approved and shall specify the order these items shall be considered. If a meeting continues past 11:00 p.m., it shall end at DRAFT

21 11:30 p.m. All meetings shall be adjourned at 11:30 p.m. unless by a 2/3 vote the City Council suspends this rule and votes affirmatively to extend the meeting past 11:30 p.m. Following the adjournment of the meeting, any remaining items on the agenda shall be continued to the next regular meeting of the City Council.

Comments:

Councilmember Fruen: Revise Section 8.10 to require only a majority of members present and voting to extend Council meetings past 11:30 p.m., instead of a 2/3 vote of the Council.

Councilmember Moore: Revise Section 8.10 as follows: “Meetings of the City Council shall adjourn by 1112:00 p.m. a.m. unless the time of adjournment is extended by a vote of a majority of the City Council. Discussion of an agenda item shall not begin after 1011:30 p.m. Any motion to extend the meeting beyond 1112:00 p.m. a.m. shall include a list of specific agenda items to be discussed or approved and shall specify the order these items shall be considered. If a meeting continues past 1112:00 p.m. a.m., it shall end at 1112:30 p.m. a.m. All meetings shall be adjourned at 1112:30 p.m. a.m. unless by a 2/3 vote the City Council suspends this rule and votes affirmatively to extend the meeting past 1112:30 p.m. a.m. Following the adjournment of the meeting, any remaining items on the agenda shall be continued to the next regular meeting of the City Council.”
Vice Mayor Mohan: Revise Section 8.10 to allow the Mayor to extend the time of adjournment.

8.11 Public Hearing Procedures. The order of proceeding where there is a public hearing item (non‐appeal items) before the City Council shall be as follows:

1. Open Public Hearing

2. Staff Report (≤ 10 minutes)

3. Applicant’s presentation (where applicable) (≤ 8 minutes)

4. Questions from the Council

5. Public comment

6. Applicant’s response to public comment (where applicable) (2 minutes)

7. Close Public Hearing

8. City Council discussion and vote
Where the public hearing involves an appeal of a decision to the City Council, the order of proceeding shall be as follows:

DRAFT

22 1. Open Public Hearing

2. Staff Report (≤ 10 minutes)

3. Appellant’s statement (≤ 8 minutes)

4. Applicant’s statement (where applicable) (≤ 8 minutes)

5. Questions from the Council

6. Public comment

7. Applicant’s response to public comment (where applicable) (2 minutes)

8. Appellant’s response to public comment (2 minutes)

9. Close Public Hearing

10. City Council discussion and vote
Comment:

Councilmember Moore: Revise Section 8.11 to indicate that time limits are recommendations rather than strict requirements (e.g., “preferably ≤ 8 minutes”).

8.12 City Council Recess Period. The City Council recess period shall begin the first Tuesday in August and end the Tuesday following Labor Day. During any recess period, the City Manager is authorized to take such ministerial actions for matters of operational urgency, including such emergency actions as are necessary for the immediate preservation of the public peace, health, or safety, as would normally be taken by the City Council during the period of recess, except for those duties specifically reserved to the Council by law. This authority extends throughout the period of recess established by the City Council and includes the authority to execute agreements and make expenditures necessary for the exigent operational matters. The City Manager shall make a full and complete report to the City Council at its first regularly scheduled meeting following the period of recess of actions taken by the City Manager pursuant to this section, at which time the City Council may make such findings as may be required to ratify the actions of the City Manager.

Nothing in this Section prevents the City Council from calling a special meeting during the recess period.

Comments:

Staff Recommendation: Revise Section 8.12 to clarify that a special meeting may be called during the recess period.

Councilmember Chao: Add a new paragraph to Section 8 that reads as follows:
“Study Sessions. Study Sessions are meetings during which the Council receives DRAFT

23 information about City business in an informal setting. The informal study session setting is intended to encourage in‐depth discussion and detailed questioning and brainstorming by Council on issues of significant interest including City policy matters, zoning applications, and major public works projects. The Council may discuss the material freely without following formal rules of parliamentary procedure. Staff may be directed to bring matters back for future Council consideration as no action can be taken at a study session. The Decorum rules still apply to the behavior of the Council and public.ʺ

9. Closed Sessions
A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act. The City Attorney will schedule closed session meetings in consultation with the Mayor and the City Manager. Public comment shall be received in open session prior to a closed session. To ensure strict compliance with the Brown Act, the City Attorney or the City Attorney’s designee shall report out in public session any reportable action taken during closed session and any other information from closed session authorized to be disclosed based on a majority vote of the City Council.

10. Enforcement of Rules; Suspension of Rules
The City Council may enforce repeated or serious violations of the rules set forth in this Manual through a censure action placed on a Council agenda. Nothing in this Manual shall be cited to invalidate a properly noticed and acted upon action of the City Council. Any rule set forth in this Manual may be suspended by a 2/3 vote of the Council.

Vice Mayor Mohan: Revise Section 10 as follows: “. . . Any rule set forth in this Manual may be suspended by a 2/3 3/5 vote of the Council.” CC 1-25-23
Item No. 1
Study Session to
consider adopting City
of Cupertino City
Council Procedures
Manual
Written Communications
From: Eric Schaefer
To: City Attorney"s Office; City Council; Pamela Wu; City Clerk Subject: City Council Procedures Manual (Jan. 25, 2023 agenda item 1.) Date: Tuesday, January 24, 2023 1:48:01 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Councilmembers and City Staff,
I am concerned that some elements of the proposed City Council Procedures Manual could diminish democracy in the governance of Cupertino. My concerns by manual section are described in the following table.

Please include this letter as part of the written communication for the extended Study/Special Meeting Item “Consider Adopting Cupertino City Council Procedures Manual,” on January 25, 2023.

Thank you for your consideration.

Section My Content Suggestion Impact (if my suggestion is not adopted)

1.0 Introduction Add Chao’s suggestion:
“Principle. The City Council
maintains control as the
governing body. This
manual ensures free and
fair access to the flow of
any information relative to
the operation of the City
and free and fair access to
public meetings.”
The guiding principle of
free and fair access to
information and public
participation in the City’s
governance is absent.

Popular, democratic
governance is diminished.

2.2 Removal of Mayor and
Vice Mayor.

Clarify that removal from
office means office of
Mayor or Vice mayor and
not removal from the office
of City Council
A majority of council
members could remove a
member from city council,
effectively overturning the
will of the electorate.

3.1 Appointment of
Councilmmemeber
Committes and
subcommittees
Add Moore’s suggestion
that appointments should
consider experience and
benefit to the committee.

Committees might be
staffed with members
whose experience does not
benefit the committees.

4.4 Appointment to Other Do not accept Wei's If adopted, a sitting City Commissions and
Committees
proposed change:
“Former Councilmembers
are not eligible for
appointment to to serve on
any commission or
committee within four years
of having served on the
City Council.”
Planning Commissioner
would be removed. In this
case, the appointment
process is ignored and the
current council majority
removes a political
adversary. The “courtesy
and respect for individual
points of view” that is
professed in other sections
of the manual is ignored
and replaced by political
expediency.

4.4 Appointment to Other
City Commissions and
Committees
Accept Moore’s suggestion
that Commissioners and
committee members shall
not be employees of the
City or companies which
the City contracts with, or
employees of
subcontracted companies.
“
Potential conflict of
interest.

6.6 Councilmember
Access to Information
Adopt Moore’s suggestion
to remove the prohibition
on councilmembers from
using PRA requests for
information.

A City Manager’s personal
inclination could prevent
the electorate’s
representative (even if
holding a minority opinion)
from accessing information
that is required to fulfill
their sworn duty.

8.0 Meeting Procedures Adopt Chao’s suggestion,
which defines “Study
Session” and clarify that no
voting action is taken at a
study session.

If expectations are not set
accurately, council could
vote on items that the
public believes are not
subject to a vote. The
public’s participation could
be diminished.

8.5 Consent Calendar Define what qualifies for
Consent Calendar. IMHO
only non-controversial
items like meeting minutes,
accounts payable should
be on Consent. Recent
examples of what shouldn’t
have been on Consent:

Items that merit discussion
might not be discussed.

The public loses an
opportunity to comment on
the item.

Response to Civil
Grand Jury report
Lawrence-Mitty
Park and Trail
project design
direction
Committee
assignment
Update on 6th
Cycle of the
Housing
Element

8.5.Adding and Removing
Items from the Consent
Calendar
Adopt Moore’s suggestions
(8.5.1, 8.5.2) that remove
restrictions on pulling items
from Consent
Items that merit discussion
might not be discussed.

The public loses an
opportunity to comment on
the item.
--
Eric Schaefer
Cupertino Resident
From: Peggy Griffin
To: Pamela Wu; City Clerk; Christopher Jensen
Cc: City Council
Subject: 2023-01-25 CC Study Session - Agenda Item1-Council Procedure Manual and...

Date: Tuesday, January 24, 2023 2:16:32 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Manager Wu, City Attorney Jensen and City Clerk Squarcia,

There seems to be missing information in the materials for Agenda Item 1:

1. Exhibits A-E are referenced in the Manual and were included in the Jan. 17th packet as part of the dra
Exhibit A: City of Cupertino Ceremonial Correspondence Policy Exhibit B: Elected Officials’ Compensation Program
Exhibit C: Council Technology Policy
Exhibit D: Resolution No. 07-103
Exhibit E: Cupertino Municipal Code Chapter 2.17

2. The new Ceremonial Correspondence Policy mentioned in the agenda description

Also, this agenda item was continued from the Jan. 17, 2023 CC Study Session but the descriptions do not match. Has this Ceremonial Correspondence Policy been added to this agenda item? If so, how can you continue an item but add stuff to it?

1-17-2023 Agenda Item 1 Description

1-25-2023 Agenda Item 1 Description

Sincerely,
Peggy Griffin
From: Rhoda Fry
To: City Clerk; City Council; Cupertino City Manager"s Office; City Attorney"s Office Subject: For Item #1 and #2 Study Session January 25 Final Actions are not made at Study Sessions Date: Tuesday, January 24, 2023 4:29:20 PM
Attachments: CITY OF CUPERTINO - 2022.pdf
CITY OF CUPERTINO - 2021.pdf
CITY OF CUPERTINO - 2020.pdf
CITY OF CUPERTINO - 2019.pdf
CITY OF CUPERTINO - 2018.pdf
CITY OF CUPERTINO - 2017.pdf
CITY OF CUPERTINO - 2016.pdf
CITY OF CUPERTINO - 2015.pdf
CITY OF CUPERTINO - 2014.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi City Clerk,
Just to clarify, please include this for public comment on Item #1 and #2 Study Session January 25 Final Actions are not made at Study Session
Thanks Much,
Rhoda Fry
From: Rhoda Fry [mailto:[email protected]]
Sent: Sunday, January 22, 2023 5:41 PM
To: 'City Clerk' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]>; '[email protected]' <[email protected]> Subject: Final Actions are not made at Study Sessions

Dear City Manager and City Council,

Final Actions are not made at Study Sessions.

Items are studied at Study Sessions, discussed at subsequent Regular Sessions, and subsequently decided.

This has been the case as far as I can remember in my 40 years as a Cupertino resident.

Attached you will find the facts to back up this assertion going back 9 years of Study Sessions (this was the maximum I was able to extract from the database).

In 9 years, Final Actions have never taken place on the same day as Study Session Items.

To continue transparency and public participation, at the next City Council meeting and moving forward, please

1. Do not take Final Action (vote on resolution) on Study Session items

2. Discuss the outcome of a Study Session and open public comment at a subsequent City Council meeting and then take action

Respectfully,
Rhoda Fry

IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the CupertinoCity Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. Thesewritten communications are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not toinclude any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitutea waiver of any privacy rights you may have on the information provided to the City.

Search: study session 2014 All Types file # text attachments other info Advanced search >>> Search Legislation Help
File # Type Status File CreatedFinal ActionTitle
14-0433 StudySession Conducted 9/15/2014 12/16/2014 Subject: Study session for Stevens Creek Boulevard to McClellan Road Creek Corridor Master Planon recommended alternatives to proceed with an EIR 14-0332 StudySession Conducted 7/14/2014 10/7/2014 Subject: Study Session on the Final Environmental Impact Report (EIR) for the proposed GeneralPlan Amendment, Housing Element Update, and associated Rezoning 14-0330 PublicHearings ItemHeard 7/14/2014 9/10/2014 Subject: Environmental Impact Report for General Plan Amendments, Housing Element Updateand Associated Rezoning 14-0260 StudySession Conducted 6/12/2014 7/15/2014 Subject: Study Session to provide an update on the Climate Action Plan (CAP) process and reviewgreenhouse gas reduction measures to be considered for analysis in the City’s InitialStudy/Negative Declaration. Proposed measures focus on options to reduce community-wideemissions in the energy, transportation, water, and solid waste sectors 14-0259 PublicHearings ItemHeard 6/12/2014 7/9/2014 Subject: Climate Action Plan Description: Climate Action Plan Study Session to provide direction ona preferred project 14-0258 StudySession Conducted 6/12/2014 7/7/2014 Subject: Study Session to discuss proposed changes to Municipal Code Chapter 14.18, ProtectedTrees Description: Application No(s): MCA-213-01 (EA-2013-02) Applicant(s): City of CupertinoLocation: Citywide 14-0133 StudySession Conducted 5/19/2014 7/7/2014 Subject: Civic Center Master Plan Study Session Sign In
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Search: study session 2015 All Types file # text attachments other info Advanced search >>> Search Legislation Help
File # Type Status File CreatedFinal ActionTitle
15-1050 Study Session Conducted 8/20/2015 11/17/2015 Subject: Study Session on the Civic Center Master Plan - Financing Alternatives andAffordability Analysis 15-1096 Study Session Conducted 9/16/2015 10/20/2015 Subject: Study Session on potential Ballot Measures regarding Civic Center Master Planand Vallco Shopping District Special Area 15-0920 Study Session Conducted 6/2/2015 6/30/2015 Subject: Study Session on policy for processing General Plan Amendment applications 15-0833 Study Session Conducted 4/21/2015 6/2/2015 Subject: Study Session on Santa Clara County Potential Transportation Tax Measure for2016 - Envision Silicon Valley 14-0590 Study Session Conducted 12/12/2014 5/12/2015 Subject: Study session regarding the Proposed Fiscal Year 2015-2016 Budget 15-0808 Consent Calendar Approved 3/31/2015 4/21/2015 Subject: Provide formal direction regarding the Stevens Creek Boulevard to McClellanRanch Road Corridor Master Plan in regards to scoping an Environmental Impact Reportin conjunction with new facts associated with camp transportation using the BlackberryFarm swim and picnic facility 14-0596 Study Session Conducted 12/16/2014 3/3/2015 Subject: Work Program study session 14-0598 Study Session Conducted 12/16/2014 2/3/2015 Subject: Study session for the Stevens Creek Boulevard to McClellan Road CreekCorridor Master Plan (SCC Master Plan) and recommend alternatives to proceed with anEnvironmental Impact Analysis. (Re-noticed from January 21, 2015) 14-0607 Postponements andOrders of the Day Authorized 1/7/2015 1/20/2015 Subject: Cancel the Adjourned Special Meeting scheduled for January 21 regardingCouncil deliberation and to provide staff direction on the Study Session for StevensCreek Boulevard to McClellan Road Creek Corridor Master Plan and recommendedalternatives to proceed with an EIR and direct staff to re-notice the meeting forFebruary 3 at 6:45 p.m.

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Search: study session 2016 All Types file # text attachments other info Advanced search >>> Search Legislation Help
File # Type Status File CreatedFinal ActionTitle
16-2198 StudySession Conducted 11/28/2016 12/6/2016 Subject: Aircraft Noise Study Session 16-2103 StudySession Conducted 10/17/2016 12/6/2016 Subject: Study Session on Wireless Facilities within the Public Right of Way 15-1163 StudySession Conducted 10/12/2015 10/18/2016 Subject: Study Session regarding Sustainable Strategies for Recycling and Waste Management 15-1171 StudySession Conducted 10/15/2015 5/17/2016 Subject: Study session regarding the Proposed Fiscal Year 2016-2017 Budget 14-0597 StudySession Conducted 12/16/2014 3/15/2016 Subject: Work Program study session 16-1458 StudySession Conducted 2/1/2016 3/1/2016 Subject: Study session on options for increasing business license taxes 15-1270 StudySession Conducted 12/7/2015 1/19/2016 Subject: Study Session to consider entering into a Memorandum of Understanding with the RotaryClub of Cupertino to renovate the Stocklmeir home and surrounding property to utilize as a non-profit center for Cupertino 15-1282 StudySession Conducted 12/15/2015 1/19/2016 Subject: Study session regarding Economic Development Strategic Plan (EDSP) draft backgroundreport Sign In
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Search: study session 2017 All Types file # text attachments other info Advanced search >>> Search Legislation Help
File # Type Status File CreatedFinal ActionTitle
17-3263 StudySession Conducted 11/13/2017 11/27/2017 Subject: State of California’s 2017 Legislative Housing bills 17-2662 StudySession Continued 5/23/2017 6/6/2017 Subject: Study Session Regarding the Amended Proposed Fiscal Year 2017-2018 CapitalImprovement Program (CIP) Budget 17-2371 StudySession Conducted 2/14/2017 5/16/2017 Subject: Study session regarding the Proposed Fiscal Year 2017-2018 Budget Sign In
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Search: study session 2018 All Types file # text attachments other info Advanced search >>> Search Legislation Help
File # Type Status File CreatedFinal ActionTitle
18-4663 Ordinances andAction Items Approved 11/29/2018 12/18/2018 Subject: Schedule a study session to review, clarify, and discuss the Code of Ethicsand Conduct for Elected and Appointed Officials adopted by Council on November20, 2018 18-4133 Study Session Conducted 6/29/2018 11/5/2018 Subject: Study Session regarding the Citywide Building Condition and UseAssessment 18-3976 Study Session Agenda Ready 5/8/2018 10/16/2018 Subject: Study Session on homelessness 18-4081 Study Session Conducted 6/12/2018 8/21/2018 Subject: Study session regarding the annexation process and options for LehighPermanente Quarry. 18-4240 Study Session Conducted 7/30/2018 8/21/2018 Subject: Study Session on the potential formation of a Santa Clara County RegionalHousing Needs Allocation (RHNA) subregion 18-4253 Old Business Agenda Ready 8/2/2018 Subject: Consolidation of Commissions 18-4236 New Business Agenda Ready 7/30/2018 8/9/2018 Subject: Study Session on the potential formation of a Santa Clara County RegionalHousing Needs Allocation (RHNA) sub-region 18-4084 Study Session Conducted 6/12/2018 7/31/2018 Subject: Study session to explore consolidation of Senior Citizen, Library, and Safetyissues into Parks & Recreation Commission 18-4174 Study Session Agenda Ready 7/12/2018 Subject: Study session to explore consolidation of Senior Citizen, Library, and Safetyissues into Parks & Recreation Commission. 18-4189 Study Session Agenda Ready 7/19/2018 7/24/2018 Subject: Study session to explore consolidation of Senior Citizen, Library, and Safetyissues into Parks & Recreation Commission. 18-4116 Study Session Conducted 6/21/2018 7/3/2018 Subject: Study session on proposed restructuring of Cupertino's business license tax 18-4080 Study Session Conducted 6/12/2018 7/3/2018 Subject: Study Session promoting school safety and preventing gun violence 18-4036 Consent Calendar Approved 5/29/2018 7/3/2018 Subject: Approve the June 11 (Study Session) City Council minutes 18-4035 Consent Calendar Approved asAmended 5/29/2018 6/19/2018 Subject: Approve the June 4 (Study Session) City Council minutes 18-3972 Study Session Conducted 5/8/2018 6/5/2018 Subject: Study session on potential revenue measures related to business licensetax and storm drain fee. 18-4004 Study Session Conducted 5/17/2018 6/4/2018 Subject: Study Session regarding Vallco Specific Plan 17-3364 Study Session Conducted 11/30/2017 5/15/2018 Subject: Budget Study Session regarding the Proposed Fiscal Year 2018-19 Budget,including CIP 18-3895 Study Session Conducted 4/18/2018 5/1/2018 Subject: City of Cupertino Below Market Rate (BMR) Housing Program StudySession 17-3365 Study Session Conducted 11/30/2017 2/20/2018 Subject: Study Session on the fiscal year 2018-2019 City Work Program 17-3428 Study Session Conducted 12/12/2017 2/6/2018 Subject: Study Session regarding short-term rental compliance Sign In
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File # Type Status File CreatedFinal ActionTitle
19-6707 Study Session AgendaReady 12/4/2019 12/10/2019 Subject: Study Session on the General Plan Annual Review/Implementation Plan andconsider General Plan Policies and Strategies that could benefit from clarification.Postponed from the November 12, 2019 meeting. 19-6504 Study Session AgendaReady 11/7/2019 12/2/2019 Subject: Study Session regarding the proposed policy document for the City ofCupertino Code of Ethics/Ethics Protocol 19-6592 New Business AgendaReady 11/19/2019 11/25/2019 Subject: Study Session regarding the proposed policy document for the City ofCupertino Ethics Protocol for Elected and Appointed Officials 19-6553 Old Business AgendaReady 11/18/2019 Subject: Discuss November 19th City Council Study Session on building electrificationpolicy and reach codes adoption process 19-6525 Postponementsand Orders of theDay
AgendaReady 11/13/2019 11/19/2019 Subject: Continue Item No. 15 Adoption of the 2019 California Energy and GreenBuilding Standards Codes with local amendments to a future meeting date and item willbe renoticed. These topics will be discussed in the study session. 19-6524 Public Hearings Postponed 11/13/2019 11/19/2019 Subject: Adoption of the 2019 California Energy and Green Building Standards Codeswith local amendments has been continued to a future meeting date and item will berenoticed. These topics will be discussed in the study session. 19-6276 Study Session Conducted 10/3/2019 11/19/2019 Subject: Study session regarding policy options to reduce the use of natural gas andincrease electrification of Cupertino’s building stock via local amendments to the 2019California Energy & Green Building Standards Codes (Reach Codes). 19-6507 Study Session AgendaReady 11/7/2019 11/12/2019 Subject: Study Session on the General Plan Annual Review/Implementation Plan andconsider General Plan Policies and Strategies that could benefit from clarification. 19-6404 Study Session AgendaReady 10/29/2019 11/12/2019 Subject: Study Session regarding amendments being proposed to City standards forparkland dedication and fees (Chapter 13.08 - Park Land Dedication Fee, Chapter 14.05- Park Maintenance Fee, and Chapter 18.24 - Dedications and Reservations) and the2014 Certified General Plan Amendment, Housing Element Update, and AssociatedRezoning Draft EIR 19-6502 Postponementsand Orders of theDay
AgendaReady 11/7/2019 11/14/2019 Subject: Study Session regarding the proposed policy document for the City ofCupertino Ethics Protocol for Elected and Appointed Officials 19-6342 Study Session AgendaReady 10/15/2019 Subject: Study Session related to Bird-Safe Development policies and guidelines.Application No(s): MCA-2019-004; Applicant(s): City of Cupertino; Location: citywide 19-6341 Study Session AgendaReady 10/15/2019 Subject: Study Session related to Dark Sky policies and/or standards. Application No(s):MCA-2019-003; Applicant(s): City of Cupertino; Location: citywide 19-6300 Study Session AgendaReady 10/8/2019 Subject: Study Session on the General Plan Annual Review/Implementation Plan 19-6259 Study Session Postponed 9/30/2019 10/17/2019 Subject: Study Session and presentation of proposed Municipal Code Amendments toChapter 19 to incorporate "Bird Safe" policies or guidelines. Application No(s): MCA-2019-00X; Applicant(s): City of Cupertino; Location: citywide 19-6258 Study Session Postponed 9/30/2019 10/17/2019 Subject: Study session related to Dark Sky policies and/or standards. Application No(s):MCA-2019-003; Applicant(s): City of Cupertino; Location: citywide 19-6207 Study Session Continued 9/19/2019 10/1/2019 Subject: Study Session regarding status of the Objective Standards Update to GeneralPlan and Zoning Ordinance FY-2019-2020 Work Program Item (Application No.: CP- Sign In
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2019-03; Applicant: City of Cupertino; Location: City-wide), provide direction to staff(continued from 9/18/19). 19-5995 Ordinances andAction Items AgendaReady 8/8/2019 9/18/2019 Subject: Study Session regarding status of the Objective Standards Update to GeneralPlan and Zoning Ordinance FY-2019-2020 Work Program Item (Application No.: CP-2019-03; Applicant: City of Cupertino; Location: City-wide), provide direction to staff. 19-6143 Study Session AgendaReady 9/5/2019 9/10/2019 Subject: Study Session on the General Plan Annual Review/Implementation Plan 19-5231 Study Session Conducted 3/25/2019 9/3/2019 Subject: Study Session regarding Below Market Rate (BMR) Residential HousingMitigation and Commercial Linkage Fees for the Cupertino BMR Housing Program.Application No(s).: CP-2019-01; Applicant(s): City of Cupertino; Location: Citywide 19-5822 Study Session Conducted 7/18/2019 8/20/2019 Subject: Study session to discuss how the 2016 Bicycle Transportation Plan and 2018Pedestrian Transportation Plan Projects have been brought to Council for consideration,how currently funded projects are being scheduled for completion, andrecommendation of project information and impacts staff is to consider and describe forfuture funding requests 19-5820 Study Session Conducted 7/17/2019 8/6/2019 Subject: Study Session regarding Application and Review Procedures for ProjectsProposed Pursuant to Senate Bill 35. (Application No(s): CP-2019-04; Applicant(s): Cityof Cupertino; Location: Citywide) 19-5701 Study Session Conducted 6/24/2019 8/6/2019 Subject: Study session regarding policy options to prevent youth access to tobaccoproducts, including flavored tobacco products, and to reduce the density of tobaccoretailers. 19-5838 Old Business AgendaReady 7/23/2019 7/30/2019 Subject: Study Session regarding Application and Review Procedures for ProjectsProposed Pursuant to Senate Bill 35. (Application No(s): CP-2019-04; Applicant(s): Cityof Cupertino; Location: citywide) Continued from the July 23rd cancelled PlanningCommission meeting. 19-5692 Old Business Continued 6/20/2019 7/23/2019 Subject: Study Session regarding Application and Review Procedures for ProjectsProposed Pursuant to Senate Bill 35. (Application No(s): CP-2019-04; Applicant(s): Cityof Cupertino; Location: citywide) 18-4769 Study Session Conducted 12/20/2018 7/16/2019 Subject: Study session regarding improving communications with and effectiveness ofadvisory commissions and committees 19-5705 Study Session Conducted 6/24/2019 7/16/2019 Subject: Study session and demonstration regarding options for unofficial transcriptionof City Council and commission/committee minutes 19-5639 Ceremonial Matters& Presentations AgendaReady 6/10/2019 7/16/2019 Subject: Study Session on Small Cell Facilities within the Public Right of Way 19-5731 Public Hearings AgendaReady 7/1/2019 7/9/2019 Subject: Study Session regarding status of Objective Standards Update to General Planand Zoning Ordinance. FY-2019-2020 Work Program Item (Application No.: CP-2019-03;Applicant: City of Cupertino; Location: City-wide) Continuation of discussion from theJune 25, 2019 study session 19-5631 Study Session AgendaReady 6/5/2019 Subject: Study Session regarding status of Objective Standards Update to General Planand Zoning Ordinance. FY-2019-2020 Work Program Item (Application No.: CP-2019-03;Applicant: City of Cupertino; Location: City-wide) 19-5580 Study Session Conducted 5/23/2019 6/18/2019 Subject: Study Session regarding Vallco Shopping District Special Area Initial GeneralPlan Amendments. Application No(s).:CP-2019-02; Apploicant(s): City of Cupertino;Location: Vallco Shopping District Area 19-5402 Old Business AgendaReady 4/30/2019 5/14/2019 Subject: Study session to create a list of objective standards topics as suggested by thePlanning Commission and the public. 19-5464 Study Session Conducted 5/6/2019 5/13/2019 Subject: Study Session on the FY 2019 - 2024 Proposed Capital Improvement Programwith Funding Options 18-4307 Study Session Conducted 8/28/2018 5/13/2019 Subject: Study Session regarding the Proposed Fiscal Year 2019 - 2020 Budget 19-5154 Study Session Conducted 3/12/2019 5/7/2019 Subject: Study Session for an application by AT&T to locate a personal wireless servicefacility consisting of 16 panel antennas mounted on an 80 foot tall treepole, a baseequipment station, and an emergency power generator at the Cupertino Sports Centerlocated at 21111 Stevens Creek Boulevard. 19-5047 Study Session Continued 2/21/2019 4/30/2019 Subject: Study Session on the FY 2019 - 2029 Proposed Capital Improvement Programwith Funding Options 19-5005 Study Session Conducted 2/12/2019 4/16/2019 Subject: Study Session regarding Economic Development Strategic Plan (EDSP) Reviewand Implementation Action Items related to possible amendments to the MunicipalCode related to Mobile Vendors, allowing Incubator/Co-working uses in GeneralCommercial zoning districts, and an Innovation District Vision Plan in the Bubb RoadSpecial Area 19-4911 Study Session Conducted 1/23/2019 4/2/2019 Subject: Study Session regarding short-term rental (e.g. Airbnb) regulations 19-5261 Study Session AgendaReady 3/27/2019 4/2/2019 Subject: Presentation and study session on City’s updated financial forecast and capitalfinancing options. 19-5227 New Business AgendaReady 3/22/2019 Subject: Presentation and study session on City’s updated financial forecast and capitalfinancing options. 19-5004 Study Session Conducted 2/12/2019 2/19/2019 Subject: Study Session on new budget process

Search: study session 2020 All Types file # text attachments other info Advanced search >>> Search Legislation Help
File # Type Status File CreatedFinal ActionTitle
20-8307 StudySession AgendaReady 10/14/2020 12/1/2020 Subject: Study Session on Climate Action Plan 2.0 initial draft goals and vision statement 20-8179 StudySession AgendaReady 9/9/2020 10/6/2020 Subject: Study session to receive input on services to be provided in a new 10-year franchiseagreement 20-8046 StudySession AgendaReady 8/3/2020 9/22/2020 Subject: Study Session and presentation on the transition from Level of Service (LOS) to VehicleMiles Traveled (VMT) for determination of transportation impacts under CEQA, a change requiredby Senate Bill (SB) 743. 20-7438 StudySession Conducted 8/10/2020 9/15/2020 Subject: Study Session on Proposed Revisions to the Permitting Guidelines for Small Cell Facilitieswithin the Public Right-of-Way 20-7898 StudySession Conducted 7/20/2020 9/15/2020 Subject: Study session regarding policy options to reduce secondhand smoke exposure inCupertino 20-7102 StudySession Conducted 2/23/2020 7/7/2020 Subject: Study Session regarding General Plan Amendment Authorization Procedure adopted bythe City Council in September 2015 by Resolution No. 15-078 (see Attachment A) (“GPAAuthorization Procedure”). 20-7716 StudySession AgendaReady 6/15/2020 6/23/2020 Subject: Study Session to provide an update on the Accessory Dwelling Unit implementation 19-6648 StudySession AgendaReady 11/25/2019 6/2/2020 Subject: Study Session on the Capital Improvement Program (CIP): Review of Funded FY19-20Projects Recommended to Defer One-Year and Projects Proposed for FY20-21 20-7311 StudySession Conducted 4/13/2020 5/19/2020 Subject: Study Session regarding the Proposed Fiscal Year 2010 - 2021 Budget 19-5039 StudySession AgendaReady 2/20/2019 5/19/2020 Subject: Study Session regarding Plan Bay Area 2050 and Regional Housing Needs Allocations(RHNA) (including impact of Jobs-Housing Balance and Jobs-Housing Fit to RHNA) 20-7092 StudySession AgendaReady 2/20/2020 5/5/2020 Subject: Study Session on Small Cell Facilities within the Public Right of Way 20-7093 StudySession Conducted 2/20/2020 4/7/2020 Subject: Joint study session with the City Council and Planning Commission on state housing law:Housing Accountability Act, SB 330, and Density Bonus Law. 20-7127 StudySession AgendaReady 2/26/2020 3/10/2020 Subject: Study Session regarding common terms and documents related to the CEQA process 19-6304 OldBusiness AgendaReady 10/8/2019 1/28/2020 Subject: Study Session on the General Plan Annual Review/Implementation Plan and to considerGeneral Plan Policies and Strategies that could benefit from clarification. 19-6303 OldBusiness AgendaReady 10/8/2019 1/14/2020 Subject: Study Session on the General Plan Annual Review/Implementation Plan and considerGeneral Plan policies and strategies that could benefit from clarification Sign In
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File # Type Status File CreatedFinal ActionTitle
21-10210 NewBusiness AgendaReady 12/3/2021 Subject: Receive Budget Format Review and Opengov Study Session 21-10084 NewBusiness AgendaReady 10/29/2021 Subject: Budget Form Review and OpenGov Study Session 21-9873 NewBusiness AgendaReady 9/15/2021 Subject: Budget Format Review Summary and OpenGov Study Session 21-9544 StudySession AgendaReady 6/25/2021 9/21/2021 Subject: Study Session to provide an update on the Pre-Approved Accessory Dwelling UnitProgram and Accessory Dwelling Unit implementation 21-9761 StudySession AgendaReady 8/19/2021 Subject: Study Session to provide an update on the Pre-Approved Accessory Dwelling UnitProgram and Accessory Dwelling Unit implementation. 21-9382 StudySession AgendaReady 5/19/2021 6/4/2021 Subject: Study Session II on Fiscal Year (FY) 21-22 Proposed Budget 21-9142 StudySession AgendaReady 4/19/2021 5/18/2021 Subject: Initial Study Session on Fiscal Year (FY) 21-22 Proposed Budget. 21-9233 StudySession AgendaReady 5/5/2021 5/11/2021 Subject: Special joint study session meeting with City Council, Planning Commission, and HousingCommission on the Housing Element update. 21-9033 StudySession AgendaReady 3/16/2021 5/4/2021 Subject: Study Session on the Capital Improvement Programs (CIP): Review of Projects Proposedfor Fiscal Year (FY) 21/22. 21-9144 StudySession AgendaReady 4/19/2021 4/27/2021 Subject: Special joint study session meeting with City Council, Planning Commission, and HousingCommission on the Housing Element update. 21-8728 StudySession AgendaReady 1/21/2021 4/20/2021 Subject: Study Session on the City of Cupertino's Permitting Guidelines for Small Cell Facilitieswithin the Public Right-of-Way. 21-8747 StudySession AgendaReady 1/27/2021 2/16/2021 Subject: Study Session to compare standards for mixed-use developments and high densityresidential guidelines with other cities. 20-6960 StudySession AgendaReady 1/29/2020 1/26/2021 Subject: Study Session to compare standards for mixed-use developments and high densityresidential guidelines with other cities 20-8322 StudySession AgendaReady 10/21/2020 1/19/2021 Subject: Study Session on Lehigh Southwest Cement Company/Permanente Quarry and StevensCreek Quarry regarding Reclamation Plan Amendment and Use Permit Applications to County ofSanta Clara.

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Search: study session 2022 All Types file # text attachments other info Advanced search >>> Search Legislation Help
File # Type Status File CreatedFinal ActionTitle
22-11369 StudySession AgendaReady 8/16/2022 9/20/2022 Subject: Study Session to consider potential Municipal Code Amendments to allow properties inSingle Family Residential Districts to subdivide properties into two and/or develop properties withup to two units ministerially pursuant to CA Senate Bill 9 22-10837 StudySession Conducted 4/27/2022 6/21/2022 Subject: Public Review Draft Climate Action Plan 2.0 Study Session 22-10947 StudySession AgendaReady 5/12/2022 6/7/2022 Subject: Study Session and Consideration of Design Professional Services Agreement betweenthe City of Cupertino and Dialog Design LLP for the City Hall Annex at 10455 Torre Ave 22-10973 StudySession AgendaReady 5/18/2022 Subject: The fourth study session on the Housing Element Update focusing on the establishmentof a housing sites selection inventory and strategies to promote the development of newhousing. 22-10963 StudySession Conducted 5/18/2022 5/19/2022 Subject: Initial Study Session on Fiscal Year (FY) 2022-23 Proposed Budget (Continued from May17, 2022) 22-10945 StudySession AgendaReady 5/11/2022 5/17/2022 Subject: Consider a Study Session on the Capital Improvements Program (CIP,) including reviewof the five-year CIP (Fiscal Year (FY) 22-27) and new proposed projects for FY 22-23; Considerthe supplemental information for Capital Improvements Program (CIP) Study Session (Continuedfrom May 3, 2022) 22-10458 StudySession Continued 2/7/2022 5/17/2022 Subject: Initial Study Session on Fiscal Year (FY) 2022-23 Proposed Budget 22-10583 StudySession AgendaReady 3/8/2022 5/3/2022 Subject: Consider a Study Session on the Capital Improvements Program (CIP,) including reviewof the five-year CIP (Fiscal Year (FY) 22-27) and new proposed projects for FY 22-23 22-10725 NewBusiness AgendaReady 4/7/2022 Subject: Third study session on the Housing Element update focusing on the establishment of ahousing sites selection inventory and strategies to promote the development of new housing. 21-10165 StudySession Conducted 11/17/2021 3/1/2022 Subject: Consider a Study Session on the proposed ordinance language and phasing for a Single-Use Plastics Ordinance 22-10474 StudySession AgendaReady 2/8/2022 Subject: Housing Element Update study session focusing on the establishment of a housing sitesinventory (Continued from January 25th Planning Commission meeting) 22-10325 StudySession AgendaReady 1/5/2022 2/1/2022 Subject: Study session to discuss the awarded PDA Planning Grant funds from the Association ofBay Area Governments/Metropolitan Transportation Commission (ABAG/MTC) for the Heart of theCity Specific Plan Update in conjunction with the Housing Element Update 21-10292 StudySession AgendaReady 12/15/2021 Subject: Housing Element Update study session focusing on the establishment of a housing sitesinventory Sign In
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From: Lisa Warren
To: City Clerk
Cc: City Council
Subject: Comment for January 25 2025 Special Meeting of City Council -- Need Definition/Glossary included in City Council Procedure Manual
Date: Tuesday, January 24, 2023 9:46:35 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

City Clerk's office,
Please include this communication in items submitted for January 25, 2023 Special City Council Meeting related to Item 1 of the continued Study Session from January 17, 2023
Previously sent this email to City Manager and City Attorney.

I have now included City Council here.

Thank you.

Lisa Warren
----- Forwarded Message -----
From: Lisa Warren <[email protected]>
To: Pamela Wu <[email protected]>; Christopher Jensen <[email protected]> Sent: Tuesday, January 24, 2023 at 06:42:30 PM PST
Subject: Need Definition/Glossary included in City Council Procedure Manual City Manager Wu and City Attorney Jensen,
It has become clear to me that a document being designed to be a Manual for City Council Procedures, should include a Glossary of Terms to define things clearly.

In the effort to be as transparent as possible, there should be a consistency of currently understood descriptions/definitions and those moving forward. In other words, do not change the definition of a term that the city and it's residents are already familiar with, and understand. However, DO define repeatedly used terms, along with any new terms that warrant definition.

For starters only, a newly adopted Manual should define 'Types (categories)' that agenda Items are listed under.

The meeting type (ex. Regular vs. Special) can be defined also (and is already defined somewhere in city docs), but it is the 'Type' of item that is really important in this moment.

Examples of 'Type' of item currently labeled in published, official, Agendas:

Ceremonial Matters & Presentations
Reports by Council and Staff
Consent
Public Hearings
Study Session
Ordinance and Action Items
Second Reading of Ordinances
Closed Session
Open Session
'Other' - include any 'type' used, but not listed above Please consider the following info as example only. Also realize that this would be much easier to explain in a spoken conversation than an email message. I am trying to illstrate why defining terms in a glossary is well worth considering.

There was a recent response by Staff to a resident's email that was confusing and contextually incorrect, as terms were not used accurately. Special Session and Study Session are not interchangeable. Special Session is not currently a term that is publicly used. The two terms Special Meeting and Study Session refer to different things and accurate definitions should be included in any City Council Procedural Manual along with other 'terms' used in the current draft manual.

It is likely that email messages/replies, public comments, staff reports, etc. periodically have glitches using close, but not correct, terminology. It can happen from any angle. It becomes a problem when it is not corrected, especially when errors are public record.
[ Special Meeting and Regular Meeting are
Meeting types while Study Session is a Item type)
within a meeting ]

This is my summary of what a correction would have been in the instance I am referring to. I am open to correcting it if appropriate.

Both Aug 29 and Aug 30 "Special Meetings" were scheduled during Aug 16 mtg. when it was decided to 'continue' Aug 16 Regular Meeting Item #24 so there would be proper time to discuss HE sites, and address a time crunch to do so.

Item #24 of Aug 16 Regular Meeting was under the 'Type' Ordinances and Action Items, so the continued item was correctly noticed and listed on the Aug 29 and 30 Special Meetings agendas under the same 'type'. The Items were under the heading type "Ordinances and Action Items" NOT 'Study Session'
The minutes for August 16, 2022 CC Regular meeting include this :
"Council unanimously consented to continue this item (#24) to a Special City Council Meeting on August 29, 2022 and August 30, 2022, as necessary."
I truly hope that council/staff can agree that as a manual is being created, it must include complete and correct definitions for the 'Types' of agenda 'Items' as well as other terminology that is key to the document.

Thank you.

Lisa Warren
PS: A Study Session on Cupertino meeting agendas has been, and understood to be, for presentations, discussions, clarifying questions, suggestions, and more casual 'collaboration'. NOT for ultimate decision making/voting.

From: Peggy Griffin
To: City Council
Cc: City Clerk
Subject: 2023-01-25 City Council Agenda Item1 - Council Procedures Manual Date: Wednesday, January 25, 2023 11:35:44 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Wei, Vice Mayor Mohan and Councilmembers,

I’ve sent many emails regarding my concerns on specific sections of this City Council Procedures Manual. I do believe establishing rules in writing is a good thing if they do not hinder a person’s rights or the ability of both the government and the people to have a transparent exchange of information.

In response to this DRAFT2 of the manual, PLEASE make these key changes (NOTE sections refer to the DRAFT2, not the clean version):

1. DO NOT adopt this procedure manual at today’s Study Session! Direct staff to make whatever changes and have it presented to the public at a regularly scheduled City Council meeting. This was the Jan. 17, 2023 motion you all voted on. Passing it today, at a Study Session, will add to the mistrust that I building.

2. SECTION 4.4 Appointment – Last sentence – Leave the wording as “Former Councilmembers are not eligible for appointment
…”.
a. The proposed change to “serving on” is a direct attempt to remove Commissioner Scharf from the Planning Commission in order to pack the commission. The combination of this action with the purging of the Environmental Review Committee and the Design Review Committee into the Planning Commission is a move to prepare the Planning Commission to make the desired decisions on some upcoming projects.

The optics do not look well!
b. Also, new Councils have always allowed commissioners to serve out their terms! Don’t change that!

3. SECTION 6.6 – Councilmember Access to Information – Do a compromise-REWORD IT! DELETE the last sentence restricting a councilmembers ability to do a Public Records Act request. If a councilmember feels they need to do this, something is wrong with the system.

SUGGESTED REWORDING OF LAST SENTENCE:
a. “If a councilmember feels they are not being given the requested information in a timely manner, before resorting to a Public Records Act request, they should meet with the Mayor, City Manager and City Attorney to discuss the situation.” b. This allows the staff to address the problem first BUT also does not restrict the councilmembers ability under the California Constitution. c. This is a compromise!

4. SECTION 7.1 Future Agenda Items – DELETE the last sentence allowing a majority of Councilmembers to remove future agenda items.
a. Compromise! Reword it to allow whoever put the item on the agenda to remove it if it’s no longer needed.

5. SECTION 8.4 Order of Business –
a. DEFINE what goes in the different sections by adding a Glossary. Particularly, define what’s in the following sections:
i. CONSENT CALENDAR
ii. PUBLIC HEARINGS
iii. ACTION CALENDAR
b. DEFINE what can and can’t be done in a STUDY SESSION. c. ORAL COMMUNICATIONS – change the sentence below the list of items to say “Additional speakers… WILL (not may) be given time…at the end of the agenda.” i. You want people to participate. If they take the time to attend to speak, let them speak!

6. SECTION 8.5 Consent Calendar – Define exactly what can be placed under Consent.

7. SECTION 8.5.1 Adding Item to Consent Calendar – DELETE the 2nd sentence that allows “any item to be placed on the Consent Calendar” during the meeting. a. This is asking for trouble if the public has gone out of their way to attend a meeting to speak on that item and it then suddenly, they no longer can have that item discussed in public – it is restricting information.

8. SECTION 8.5.2 Removing Item from Consent Calendar – DELETE this section. If the use of Consent Calendar is not abused, this normally is not a problem. Packing an agenda then stuffing all the items under Consent IS a problem so the combination of defining what can and cannot be placed under Consent will help reduce the need to pull items. a. Compromise! IF you absolutely need to restrict this, allow BOTH the Public and Councilmembers the ability to pull in advance of the meeting BUT also allow Councilmembers to pull any item during the meeting.

9. SECTION 8.6 Public Comment – Allow any number of people to combine their time up to a
maximum of 10 minutes. Define how it’s done for 2 people, 3 people, 4 people, 5 people up to 10 minutes.
a. This allows people who do not speak in public or are not fluent the opportunity to express their opinions.

We’ve heard the Council will strive to “work together”. Prove it! These rules apply to everyone.

Please make it fair for everyone!

Sincerely,
Peggy Griffin
From: Donna austin
To: City Clerk; Hung Wei; Sheila Mohan
Subject: Item 1 on the agenda, Procedures Manuel
Date: Wednesday, January 25, 2023 3:11:33 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

From: Donna austin <[email protected]>
Date: January 25, 2023 at 3:02:36 PM PST
To: Donna <[email protected]>
Subject: Procedures Manuel
To Mayor Hung Wei, Vice Mayor Sheila Mohan the city council:

The procedures Manuel in the agenda for tonight city council meeting is extremely important to promote efficient and transparent meetings
I've read the Manuel and changes that promote transparency and open and efficient government. These changes are proposed from the grand jury and the audit committee and I support them.

There has always been a consent calendar with items thoroughly studied and discussed before. I believe no items are slipped in that are new and important! Better Cupertino has used the method of calling for public records and discussing an item over and over to hinder getting the job done.
.Our housing element that the state required didn't get done with all the plethora of record requests and more public input over the same issues.

This new public Manuel will regulate procedures and make meetings more efficient. A San Jose Mercury News article said Cupertino was the WORST run city. Let's get to BEST. the procedure Manuel and the revisions are paramount to good governing. I encourage our city council to vote for efficiency!
Donna Austin
Primadona1@comcast. net
408 499 9031
22283 N DeAnza Circle
Cupertino, CA 95014
Sent from my iPhone
From: Liang Chao
To: City Clerk
Subject: Fw: Mayor"s budget and initiative
Date: Wednesday, January 25, 2023 3:02:18 PM
Please enter this into the written communication of the 1/25 council meeting for agenda 1.

Liang Chao
Vice Mayor
City Council
[email protected]
408-777-3192
From: Liang Chao <[email protected]>
Sent: Wednesday, January 25, 2023 3:01 PM
To: Pamela Wu <[email protected]>; Christopher Jensen <[email protected]> Cc: Debra Nascimento <[email protected]>
Subject: Re: Mayor's budget and initiative

But the adopted resolution did not address these questions I have.... that is why I am asking these questions.

Liang Chao
Vice Mayor
City Council
[email protected]
408-777-3192
From: Pamela Wu <[email protected]>
Sent: Wednesday, January 25, 2023 1:42 PM
To: Liang Chao <[email protected]>; Christopher Jensen <[email protected]> Cc: Debra Nascimento <[email protected]>
Subject: RE: Mayor's budget and initiative

Thank you for the clarification. Going forward, staff’s recommendation on Mayor’s fund utilization is to follow the steps laid out in the adopted resolution.

Pamela

Pamela Wu
City Manager
City Manager's Office
[email protected]
(408)777-1322

From: Liang Chao <[email protected]>
Sent: Wednesday, January 25, 2023 11:54 AM
To: Pamela Wu <[email protected]>; Christopher Jensen <[email protected]> Cc: Debra Nascimento <[email protected]>
Subject: Re: Mayor's budget and initiative

No.

My concerns have to do with how the Mayor will direct the staff this year in 2023 and going forward.

Please clarify.

Thanks.

Liang Chao
Council Member
City Council
[email protected]
408-777-3192
From: Pamela Wu <[email protected]>
Sent: Wednesday, January 25, 2023 8:25 AM
To: Liang Chao <[email protected]>; Christopher Jensen <[email protected]> Cc: Debra Nascimento <[email protected]>
Subject: RE: Mayor's budget and initiative

Councilmember Chao, as much as I appreciate your effort to provide a more specific approach to your questions below, your concerns are largely related to the Lawrence-Mitty event which I was not part of.

Pamela

Pamela Wu
City Manager
City Manager's Office
[email protected]
(408)777-1322

From: Liang Chao <[email protected]>
Sent: Tuesday, January 24, 2023 7:17 PM
To: Pamela Wu <[email protected]>; Christopher Jensen <[email protected]> Cc: Debra Nascimento <[email protected]>
Subject: Re: Mayor's budget and initiative

But I need answers on most of the questions.

Let me reframe my question without referring to Lawrence-Mitty Park.

Question 1: Is it the operational duty of the city staff to conduct the opening ceremony of a city park?

Question 2: If the Mayor used the Mayor initiative fund for an event, does the Mayor have the authority to direct city staff in exercising his right to utilize the Mayor's fund?

Question 3: The Mayor has no more authority to direct the city staff than any individual council member. But the Mayor is allocated the Mayor's fund. Are we expecting the Mayor to utilize zero city staff time when utilizing the Mayor's fund?

Question 4: Some of Mayor's Initiatives might take little staff time or might already coincide with city operation and can be supported as a part of the city operation. Some of Mayor's initiative might take more significant staff time. Where such line should be drawn or who draw such a line? The Council or the City Manager?

I am truly confused with this issue and really need some clarification.

Thanks!

Liang Chao
Council Member
City Council
[email protected]
408-777-3192
From: Pamela Wu <[email protected]>
Sent: Saturday, January 21, 2023 11:43 AM
To: Liang Chao <[email protected]>; Christopher Jensen <[email protected]> Cc: Debra Nascimento <[email protected]>
Subject: RE: Mayor's budget and initiative

Councilmember Chao, I am sorry that I will not be able to provide a response to most of your questions below as I was not involved with the Lawrence-Mitty ribbon cutting event. However, there is adopted policy governing how Mayor’s fund should have been utilized that is included in the proposed Council policy. I believe the adopted policy can clarify some of your questions. For easier access, please see the resolution attached.

Pamela

Pamela Wu
City Manager
City Manager's Office
[email protected]
(408)777-1322

From: Liang Chao <[email protected]>
Sent: Wednesday, January 18, 2023 2:20 PM
To: Pamela Wu <[email protected]>; Christopher Jensen <[email protected]> Subject: Mayor's budget and initiative

I would like some clarification on the Mayor's authority to direct staff in relation to so-called "Mayor's Initiative".

The Civil Grand Jury report on Cupertino somehow indicated that the former Mayor directed staff to help organize the opening ceremony of the Mitty-Lawrence Park. I was quite surprised.

The development of the Mitty-Lawrence Park is on our work program, which the entire Council approved.

Question 1: Is it the operational duty of the city staff to conduct the opening ceremony of a city park? Why does the city staff could even reject the Mayor's request to help organize the opening ceremony?

Question 2: I suppose the Mayor used his Mayor initiative fund for the opening ceremony of Mitty-Lawrence Park. If that is the case, does the Mayor have the authority to direct city staff in exercising his right to utilize the Mayor's fund?

I am truly confused with this issue and really need some clarification.

Thanks!

Liang

Liang Chao
Vice Mayor
City Council
[email protected]
408-777-3192

From: Tessa Parish
To: Christopher Jensen; City Clerk; Pamela Wu; City Council Subject: Addition to comments
Date: Wednesday, January 25, 2023 2:55:21 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
if the council does decide to pass the item about former council members, not serving please specify that it does not affect sitting commissioners in the resolution for clarity-- Tessa Parish
DRE#01158499
RHM Realty
www.ParishRealEstateGroup.com
408.396.8377
From: Liang Chao
To: City Clerk
Subject: Fwd: Do not circumvent CMC 12.7 (free access to information) and the Brown Act (sunshine law) Date: Wednesday, January 25, 2023 2:35:10 PM
Please enter this as a written communication for the 1/25 council meeting for agenda item 1.

Thanks!
Liang Chao
Council Member
City Council
[email protected]
408-777-3192
From: Liang Chao <[email protected]>
Sent: Wednesday, January 18, 2023 1:16 PM
To: Pamela Wu <[email protected]>; Christopher Jensen <[email protected]>
Subject: Do not circumvent CMC 12.7 (free access to information) and the Brown Act (sunshine law)

(Fixed some typo and added link from a previous email titled "Do no circumvent CMC 12.7") If any city staff does not understand why the City Councilmembers need free access to information in order to perform their duties, I would encourage the City Manager to refer them to CMC 12.7
:

CMC 12.7.020
"The intent of this chapter is to address and clarify the relationship between the City Council, individual Council members, and city staff by:

A. Maintaining control and direction of the City by the City Council as a whole;
B. Insuring that City Council members have free access to the flow of any information relative to the operation of the City and insuring that such information is communicated by staff in full and with candor to the Council; C. Ensuring that the Council decision making process benefits from the unencumbered input and advice from the professional staff free from undue influence in staff decision making, formation of staff recommendations, scheduling of work, and executing department priorities without intervention by individual Council members;
D. Allowing city staff to execute priorities given by management and the City Council and protecting city staff from undue influence from individual Council members." (CMC 12.7.020)
CMC 12.7 clarifies the access to information by individual Councilmembers as well as the City Council.

CMC 12.7.034 Information
“Individual Council members as well as the City Council as a whole, have complete freedom of access to any information requested of staff (except information which is otherwise protected by law from disclosure) and will receive the full cooperation and candor of City staff in being provided with any requested information”
CMC 12.7 also states what happens when the information requested might impact the workload in city operations:

CMC 2.17.043 Timely Response.
“City staff will make every effort to respond in a timely and professional manner to all requests made by individual council members for information or assistance, provided that, in the judgment of the City Manager, the request is not of a magnitude either in terms of work load or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. “ (CMC 12.7)
It is important that the Council Procedures do not circumvent the established Cupertino Municipal Code (CMC). Rather the Council Procedures could provide more details on how to implement the code. For example,
Suggestion: City Manager put requests which require significant workload on Council agenda so the entire Council can decide with public input This method complies with the current CMC 12.7 and complies with the intent of the section "Maintaining control and direction of the City by the City Council as a whole" and "Insuring that City Council members have free access to the flow of any information".

This statement in the proposed Council Procedures Manual "No Councilmember shall circumvent the City Manager’s direction regarding a request for information by seeking information through a Public Records Act request" gives the impression that the City Manager has the authority in deciding what information the City Council has access to. That conflicts with the intent clearly stated in CMC 12.7.

That statement above is also in conflict with the intent stated in the California Brown Act , the well-
known open meeting or sunshine law:

Government Code 54950
"The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created."
Similarly, the Council (elected by the people), in delegating authority to the City Manager, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.

I hope that Cupertino does not create a precedence in violating the public trust.

Thank you.

Liang
Liang Chao
Vice Mayor
City Council
[email protected]
408-777-3192

From: Lisa Warren
To: City Clerk; City Council
Subject: Comments for Item 1 of CC Special Meeting Jan 25, 2023 ATTACHED Date: Wednesday, January 25, 2023 2:31:18 PM
Attachments: Lisa COMMENTS for CC spcl mtg Jan 25 2023 Item 1 CC Procedure Manual.docx CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Please see attached document for my comments on this item Lisa Warren
Section Edit / Comment

Reason

1.0 Introduction

Support Council Member Chao’s
suggestion to add a section :

“Principle. The City Council maintains
control as the governing body. This
manual ensures free and fair access to
the flow of any information relative to
the operation of the City and free and
fair access to public meetings.”

2.1 Selection of Mayor
and Vice Mayor

Consider deleting the sentence:

“The Mayor and Vice Mayor shall not
serve consecutive terms; provided,
however, this provision shall not
prevent the Vice Mayor from
succeeding the office of Mayor”

2.2 Removal of Mayor or Vice
Mayor

Support Chao and Mohan to add to
section.

“Removal for cause shall mean
removal of a Councilmember because
of such member’s (a) willful and
continued failure substantially to
perform their duties, (b) conviction
for, or guilty plea to, a felony or a
crime involving moral turpitude, or (c)
abuse of illegal drugs or other
controlled substances or habitual
intoxication. The removal should
proceed with a formal warning, which
states with proven evidence of the
member’s failure to perform their
duties and proposed corrective
measures.”

ALSO

ADD language to clarity that if Mayor
or Vice Mayor is removed from
‘office’, they will remain on City
Council.

At least provides some definition to
‘cause’ for removal.

Clarification that elected council
members will remail on City
Council was verbalized and needs
to be included in this manual.

3.1 Appointment

Support Moore’s revision.

“The Mayor shall appoint
Councilmembers to standing
committees and all Councilmembers
may nominate any Councilmember to
ad hoc committees and
subcommittees established by the City
Council, with consideration of
Councilmember preference, equitable
distribution, seniority, experience, and
benefit to the committee, subject to
ratification by the Council at its next
regular meeting. It will be the
responsibility of the committees and
subcommittees to inform and submit
recommendations to the Council.”

The community will be better
served with this language

4.2 Attendance at Council
Meetings (commissions and
committees)

Support Moore’s revision.

“At least one commission member,
preferably the Chair or Vice Chair,
must attend City Council meetings
when the commission has an item of
interest on the Council agenda, so as
to be available to answer Council
questions.”

Fellow commission/committee
members have chosen these
members to represent them.

4.4 Appointment (commissions
and committees)

DELETE last sentence.

“Former Councilmembers are not
eligible for appointment to any
commission or committee within four
years of having served on the City
Council.”

IF not deleted – then
Do NOT change draft language in the
sentence from ‘for appointment to’ to
‘service on’.

Also -
SUPPORT Moore’s revision to add to
the 4.4 (continued on next page)

The existence of the drafted
sentence is inappropriate for
numerous reasons.

The public has named some
already.

It is way out of line to eliminate
the ability of any interested and
engaged resident to be forbidden
from applying for, or serving on a
commission or committee, or to
be unjustly removed from a
commission or committee that
they are currently serving on.

“Commissioners and committee
members shall not be employees of
the City or companies which the City
contracts with, or employees of
subcontracted companies.”

AND would revise ‘employees’ to read
‘employees, principles and board
members’.

Opening for ‘undue influence’ from
‘outside interest’.

‘Ex Parte’ issues.

4.6 Undue Influence on
Commissioners.

At a minimum, SUPPORT Moore’s
input to DELETE the last sentence.

“Individual Councilmembers and
commissioners shall have the right to
attend meetings of commissions and
other Cupertino governmental bodies
but shall refrain from speaking or
becoming involved in deliberations.”

No one should be required to
refraining from speaking or
becoming involved. Full
transparency of what capacity a
person is speaking as should be
expected.

Freedom of speech.

5.1 Attendance

Add to second sentence to include ‘on
time’.

“Councilmembers shall make a good
faith effort to attend, on time, all such
meetings.”

Consider Support of Moore’s revision
to add : “Council attendance will be
noted in the agenda of the next
regular meeting and thereafter for
that calendar year, if three or more
meetings are missed.”

5.2 Correspondence

Support Moore’s revision to add

“Official correspondence from any
member of Council shall be provided
to all members of Council.”

Need for transparency and
inclusion.

5.4 Response to Public

Question: How does the public follow
up on their own behalf ?

This is important to answer.

5.7 Council Training

Agree with Fruen’s comment which is
already addressed in Staff
Recommendation.

6.4 Individual Councilmembers
Influence on Staff Decisions
Prohibited.

Revise to ADD language that indicates
Staff be required to report violations

6.6 Councilmember Access to
Information.

Support Moore’s revision to delete
“No Councilmember shall circumvent
the City Manager’s direction regarding
a request for information by seeking
information through a Public Records
Act request.”

Do NOT support Wei’s revision

Restricts rights.

7.1 Future Agenda Items

Support Multiple Councilmembers
(Moore, Mohan) Revision to Delete.
“Any item may be removed for the
future agenda items list by a majority
vote of the City Council.”

7.4 Staff Reports

Correct numbering of list
and
Add item to list: “History and
Background (if applicable)

7.6 Supplemental Materials Is there a need to add timing for Special Meetings that can be
scheduled for any day of the week?
ALSO Support Chao’s comment to add
paragraph
“Questions and all staff‐prepared
responses will be forwarded to all
Councilmembers as well as put up on
the special web page created for
public review of Council agenda
questions and staff responses. Staff
will include the name of the (cont)

Councilmember posing the questions
in the ‘subject’ field of the e‐mail
response. Written copies of all
Councilmember agenda questions and
staff responses will be at Council
places at the meeting; additionally
copies will be made available in the
Council Chambers for members of the
public.”

8.5.1 (now 8.4.1) Consent
Calendar

Do NOT agree with last sentence.
“Items may be removed from the
consent calendar only by a member of
the City Council. “
Adopt Moore’s revision, and if not,
then Adopt Wei’s comment

Suppressing public comment.

Does not fall under title of Adding
Ran out of time…

AGENDA item 2
To: 'City Council' <[email protected]>
Cc: 'City Clerk' <[email protected]>
Subject: 2023-01-25 City Council Study Session Item2 - Consolidation/elimination of Commissions and Committees
Please include this email and the corresponding attachment as part of Written Communication for the 1 - 25-2023 City Council Study Session, Agenda Item #2 Consolidation/elimination of commissions/committees.

Dear City Council and Staff,
I understand the desire to reduce the amount of staff time needed to support Commissions and Committees but I think there must be a sweet spot where you can accomplish this without losing much needed functionality.

In reading the 1-17-2023 Staff Report and the 1-25-2023 Supplemental Staff Report, I had trouble visualizing exactly what was being done so I, with the help of a friend, created the attached document that summarizes what the Staff Report says using lists.

In doing so, I am concerned about the following:

1. All sub-committees – agree, delete them all. The 7 that are no longer active have completed their tasks and done a wonderful job! The others can be absorbed by various departments.

1. As more commercial sites get converted or add residential they need to be evaluated to insure the health and safety of future residents are adequately protected. This applies to old gas station sites, old dry cleaner sites and sites nearby them.

2. Environmental reviews can take time and they should not be stuffed into a packed agenda that encourages the items to be passed “on consent” or rushed! They need to be reviewed thoroughly by committee members that are familiar with the material, who have other items on the agenda to focus on.

3. If it takes 80 hours annually so be it, if it will protect the current and future health and safety of construction workers and members of the public. It also protects the city against future lawsuits from health issues that arise due to exposure to contaminants.

4. REQUEST: Keep the Environmental Review Committee and make sure the new members are trained regarding CEQA.

1. Which is it? What exact functions fall under the Planning Commission and which fall under the Council?

2. This is vague and makes it sound like it can be arbitrarily “adjusted” to one or the other based on a desired vote.

3. The functions of commissions need to be clear – not wishy washy.

4. REQUEST: If you’re going to consolidate the DRC, give all the functionality to the Planning Commission.

1. The 1-17-2023 Staff Report (page 5, paragraph 2) says it’s functionality “…would be addressed by the Council as necessary” BUT the Council is trying to reduce it’s hours. It’s priority is not this!

2. The “as necessary” will default to nothing being done.

3. REQUEST: Keep the Legislative Review Committee.

1. Please do not go back to this less than transparent way of handling these meetings.

2. REQUEST: Keep the Economic Development Committee. If you don’t, have the meetings be part of a REGULAR city council meeting so it’s available to the public.

From: Peggy Griffin
To: City Council
Cc: City Clerk
Subject: REVISED...2023-01-25 City Council Agenda Item1 - Council Procedures Manual Date: Wednesday, January 25, 2023 2:12:10 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

REVISED TO ADD: Removal of limit on the public to a max of 10 minutes total.

Dear Mayor Wei, Vice Mayor Mohan and Councilmembers,

In response to this DRAFT2 of the manual, PLEASE make these key changes (NOTE sections refer to the DRAFT2, not the clean version):

The optics do not look well!
b. Also, new Councils have always allowed commissioners to serve out their terms! Don’t change that!

6. SECTION 8.5 Consent Calendar – Define exactly what can be placed under Consent.

10. SECTION 8.6 Public Comment – REMOVE the maximum 10 minute time limit for any one person to comment during a meeting.

We’ve heard the Council will strive to “work together”. Prove it! These rules apply to everyone.

Please make it fair for everyone!

Sincerely,
Peggy Griffin

From: Tessa Parish
To: Christopher Jensen; Pamela Wu; City Clerk; City Council Subject: Comments & Suggestions for Special Meeting 1/25 Date: Wednesday, January 25, 2023 1:39:04 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Manager, City Attorney & Council,
Regarding the CCCCPM Draft scheduled for 1/25 @ 4pm
Madam City Clerk, please add to public comments.

2.2 Removal of Mayor and Vice Mayor:

Please consider replacing the "from office" to "from the role" or "from the office of the Mayor" Some could argue that removal from office is removal from City Council.

Please consider the following to be added right after due cause:

I would like to suggest the following: Due Cause is defined as repeated violations of known policies, repeated negligence of duty, crimes or felonies for which they can be convicted. Mayor or Vice Mayor in violation of such offenses will have been made aware of such violations and warned at least twice, after the first violation put on probation and if repeated would be given 72 hours notice of removal. In the case of a felony no warning would be necessary.

4.4 Appointment
" Former Councilmembers are not eligible for appointment to any commission or committee within four years of having served on the City Council."
I believe that a member of the public that has previously served is better qualified to serve in a commission or committee. In addition to being better qualified, there are times when few apply to commissions or few are available for committees, to limit who serves on these very important commissions/committees would not serve the city well.

I believe the city is better served without this limitation. If there is another problem that is being addressed perhaps it could be addressed more specifically. For example: if there is evidence that the commissioner is not serving for the good of the people or violating policies, rules or duties, then that could be addressed separately.

Anyone of the public should have the right to serve on a public commission or committee. This seems to be an irregular solution.

6.6 Councilmember access to information
I believe this violates the rights of ANY individual to obtain information:
"No Councilmember shall circumvent the City Manager’s direction regarding a request for information by seeking information through a Public Records Act request."
Instead I suggest the following:

If there are special request from a Council member, committee member necessary for a timely research and the Council member/committee member is not being given the information within the time necessary to perform a job for a scheduled event or for a timely process, the council member can write a "Job endangerment report" to the City Manager alerting him/her of the situation and giving him/her time to obtain said information. If the information is STILL not being provided in a timely manner and the Council member feels it necessary to resort to Public Records Act request in order to do their job in the time necessary, they will have the right to do so and will be protected under the Public Record Act request. All while in communication with the City Manager.
(I feel this would protect both the staff and Council as both are just trying to do their job)

7. 7.1
This verbiage could be used to silence the minority and a duly added item to the agenda.
"Any item may be removed for the future agenda items list by a majority vote of the City Council."
Suggest:

Any item may be removed for the future agenda items list by a majority vote of the City Council unless it was an item voted on by the 2 Council members and fully addressed so as to avoid silencing the minority, if need be open it to public comment for a decision if the item seems to be frivolous.

8.5 Again this would/could be used to silence the minority of an elected official. "In addition, any item may be placed on the consent calendar by a majority vote of the City Council."
I believe ANY council member has the right and duty to pull an item from the Consent calendar if there are pending actions, missing information or items not yet addressed to the satisfaction of the member. Please don't forget these are elected officials that are acting on behalf of the public. What if they were contacted by members of the public to address the item more specifically? If the council thinks the item frivolous, the again, it can be addressed more specifically.
____________
re: " Items may be removed from the consent calendar only by a member of the City Council."
This takes away the right of the public to hear more on an item. While the public should have requested more routine questions prior to the meeting, if the public feels it necessary to pull an item for transparency and more deliberation, this would severely limit it.

Suggest:

Items may be removed from the consent calendar only by a member of the City Council and public, but the Mayor or Majority of the Council could choose to delegate the item for the next meeting, if time is insufficient time to address the item and with the approval of the public. (in this way we do not remove public rights to hearing-if they cannot return at a later time) Lastly I'd like to suggest that you define a study session and add to the procedure manual the following:

Study Session: No action will be taken during a "study session" since it is assumed that after deliberations the public would have to be duly notified of final proposal in a public hearing through regular Meeting and process wherein the public are able to comment and their concerns addressed.

You all have a very important role in making the city function but please don't forget it is for the people. We all have to have our rights and boundaries. Let's keep them ALL clear.

Tessa Parish
From: Liang Chao
To: City Clerk
Subject: Fwd: Colleagues memo - from Palo Alto Council procedures Date: Wednesday, January 25, 2023 12:07:09 PM
Please add this to written communication of the 1/25 council meeting.

Thanks!
Liang Chao
Council Member
City Council
[email protected]
408-777-3192
From: Liang Chao <[email protected]>
Sent: Friday, January 20, 2023 11:39 AM
To: Pamela Wu <[email protected]>; Christopher Jensen <[email protected]>
Subject: Re: Colleagues memo - from Palo Alto Council procedures

Please add this Colleagues memo to my list. I did not have time to go through every item on Wednesday.

This would allow a substantive discussion on whether an item should be put on a future agenda, which might require some staff time.

But writing the memo and putting it on a Council agenda would take little staff time to allow such a discussion to take place.

Please remove the item to allow three councilmembers to remove an item, which goes against the CMC, which allow two councilmembers to put an item on the agenda. Such an item shuts down the minority without allowing the public a chance to chime in and without allowing the council to have a substantive discussion on what exactly is proposed at all.

Thanks.

Liang Chao
Vice Mayor
City Council
[email protected]
408-777-3192

From: Liang Chao <[email protected]>
Sent: Tuesday, January 17, 2023 11:53 AM
To: Pamela Wu <[email protected]>; Christopher Jensen <[email protected]> Subject: Colleagues memo - from Palo Alto Council procedures

Here is another good practice to consider from Palo Alto's council procedures: Colleagues Memo
Any two Councilmembers could co-author a Colleagues memo, which is often a one-page description of a problem and a proposed solution or policy direction or consideration.

As long as the memo is submitted 3 days before the agenda is published, the memo is put on the agenda for consideration. The Council can discuss and decide whether to put the matter on a future agenda for the staff to look deeper or not take any action.

This might be a good way to propose a future agenda item.

Here is an example memo: https://www.cityofpaloalto.org/files/assets/public/agendas- minutes-reports/reports/city-manager-reports-cmrs/year-archive/2021/id-12347.pdf Here is Palo Alto's Council procedure:
https://www.cityofpaloalto.org/files/assets/public/city-clerk/city-charterprocedures/02-01-20-adopted-council- protocols-and-procedures-manual.pdf
Liang
Liang Chao
Council Member
City Council
[email protected]
408-777-3192

From: Liang Chao
To: City Clerk
Subject: Fw: Comments on the Council Procedures Manual
Date: Wednesday, January 25, 2023 3:27:01 PM
Please include the full comment in the attachment sent to the City Manager in the written communication of the 1/25 council agenda for item 1.

I gave the rationale and source documents of the added languages and they are lost in the redlined version on the agenda today.

Thanks.

Liang Chao
Vice Mayor
City Council
[email protected]
408-777-3192
From: Liang Chao
Sent: Wednesday, January 18, 2023 5:32 PM
To: Pamela Wu <[email protected]>; Christopher Jensen <[email protected]> Subject: Comments on the Council Procedures Manual

v1 - Liang’s Comment on Council Procedures Manual.pdf

I tried to be more specific and provide suggestions.

But it's taking a lot of time and I have not gone through the entire manual yet...

Here is the first cut.

Liang Chao
Vice Mayor
City Council
[email protected]
408-777-3192

Liang’s Comment on Council Procedures Manual
Comment 1: Introduction 1
Comment 2: Removal for Cause 2
Comment 3: Warning before Removal with Cause 2
Comment 4: Formation and Appointment of Ad Hoc Committee 2 Comment 5: Improve the titles of Section 3 and 4: between Councilmember appointed tocommittees and appointment of non-councilmembers to committee/commissions 3 Comment 6: Undue influence by former Councilmembers and former Commissioners 3 Comment 7: City Council to remove Commissioners, not the City Clerk 4 Comment 8: Commission Recommendations and Comments 4
Comment 9: All Council Members should make decisions with the same information fromStaff on agendized or soon-to-be agendized items 5 Comment 10: Respect the Role of Council Members as Policy Makers for the City 5 Comment 11: Define Study Session as an item without a formal not council action 5 —-----------
Comment 1: Introduction1. Introduction1.1 Purpose. The purpose of this Manual is to promote communication,understanding, fairness, and trust amongthe membersof the City Council,City staff, and members of the publicconcerning theirroles, responsibilities,and expectations for management of the business of the City of Cupertino.1.2 Values. Courtesy and respect for individual points of view should be practicedat all times. All Councilmembers shall respect each other’s right to disagree. AllCouncilmembers shall act with decorum and courtesy.1.3 Brown Act. All actions of the City Council and City commissions, committees,and subcommittees shall comply with the Ralph M. Brown Act.[ADD] 1.2 Principal. The City Council maintains control as the governing body. Thismanual ensures free and fair access to the flow of any information relative to theoperation of the City and free and fair access to public meetings.[This principal should be 1.2 before “Value” and “Brown Act”) —--------
Comment 2: Removal for Cause2.2 Removal of Mayor and Vice Mayor. The Mayor or Vice Mayor may beremoved from office, for cause, by a 4/5ths affirmative vote of the members. [Comment] Under the current culture of cancellation, we have seen multiple cases where awell-respected and competent person could be removed from a position over a social mediapost due to differences in political ideologies. We have seen in-fighting in some City Council dueto political differences in order to gain the majority. It is important to clarify that the “Cause” forremoval must be related to the duty of the City Council.[Comment] With the prevalence of social media, rumors and misinformation have been repeatedoften to be perceived as truth. Any action of removal must provide a due process so that theevidence could be verified through cross examinations.The following definition of “Cause” is based onhttps://www.lawinsider.com/dictionary/removal-for-cause.[ADD] Removal for "Cause" shall mean removal of acouncil member because of suchmember's (a) willful and continued failure substantially to perform their duties, (b)conviction for, or guilty plea to, a felony or a crime involving moral turpitude, or (c) abuse ofillegal drugs or other controlled substances or habitual intoxication.

Comment 3: Warning before Removal with Cause
[ADD] The removal should precede with a formal warning, which states with provenevidence of the member’s failure to perform their duties and proposed corrective measures.—------- Comment 4: Formation and Appointment of Ad Hoc Committee

3.1 Appointment.The Mayor shall appoint Councilmembersto standing and adhoc committees and subcommittees established by the City Council, subject toratiﬁcation by the Council at its next regular meeting.It will be theresponsibility of the committees and subcommittees to inform and submitrecommendations to the Council.[Comment]: This opens the door for the Mayor to communicate with more than oneCouncilmembers in order to make such appointments. And such discussion could includesubstantive discussions. This also gives the Mayor authority over other Councilmembers,which has no precedence in Cupertino.Some suggestions below come from Palo Alto Council procedures. [EDITED] 3.1 Creation and Appointment. The purpose and scope of each standing or ad hoccommittee should be stated when it is formed and re-stated when councilmembers areappointed to the committee at a regular meeting. ● The City Manager shall prepare a report to Council about the anticipated timecommitment required for staff to assist the Ad Hoc Committee.● Information: The scope, membership, time of creation and estimated number ofmeetings for each Ad Hoc Committee shall be posted to the City Council website.● Termination: A majority of the Council may vote to terminate any Ad Hoc Committeefollowing a written report by the committee.● Ad Hoc Committees do not constitute legislative bodies and are not subject to therequirements of the Brown Act. Standing committees, which has a continuing orindeﬁnite jurisdiction are subject to the Brown Act. —---------
Comment 5: Improve the titles of Section 3 and 4: between Councilmemberappointed to committees and appointment of non-councilmembers tocommittee/commissions

3. Councilmember Committees and Subcommittees
4 Other City Commissions and Committees
[Comment]: Please specify what’s the difference between Section 3 and 4? —-----------
Comment 6: Undue influence by former Councilmembers and formerCommissioners

4.4: …Former Councilmembers are not eligible forappointment to any commission orcommittee within four years of having served on the City Council. [Comment] In fact, as an appointed commissioner,a former Councilmember does not havemore access to information nor influence than any other commissioner as their conduct isalready regulated by the Commission Handbook.

Cupertino has seen undue influence by former Councilmembers and former Commissionersthrough city staff since these former Councilmembers and Commissioners have established agood relationship with some city staff members. They can call the city staff up to request anything outside of the public's knowledge or through in-person communcations. The contentof such communication is not on the public record. {ADDITION] The city staff should report communications from former Councilmembers andformer Commissioners on issues related to the City's business through phone calls or in-personcommunications. —--------
Comment 7: City Council to remove Commissioners, not the City Clerk4.5 Removal.The City Clerk shall remove commissionor committee membersforfailure to comply with attendance policies adopted in the Commission andCommittee Handbook. Council retains full discretion to review commissionand committee member performance and may take disciplinary action asneeded, including removal from the commission or committee. [Comment]: The Council appoints commission members. The Council should be the body whichremoves any commission member, not the City Clerk. The Clerk’s responsibility should be forrecord keeping, as stated in the Muni Code. After the removal of the Commission, the Councilmust taken action at a Council meeting to appoint a new member, even though alternatemembers were identified earlier.[EDIT]: 4.5 Removal.The City Clerk shall inform theCity Council to consider the removal ofcommission or committee members for failure to comply with attendance policies adopted in theCommission and Committee Handbook. —------------
Comment 8: Commission Recommendations and Comments
[ADDITION] 4.7 On every item within the jurisdiction of a Commission, the staff liaison shallwork with the Commission Chair to schedule the item to receive inputs and seekrecommendations from the Commission, as time permits. The staff report at the Council meetingshall include Commission inputs and recommendations. Rationale should be given whenCommission inputs are not available for an item within their jurisdiction. —----------
Comment 9: All Council Members should make decisions with the sameinformation from Staff on agendized or soon-to-be agendized items [Comment]: Direct quotes fromPalo Alto Council Procedures:
[ADDITION] “In order to facilitate open government, all Council Members should make decisionswith the same information from Staff on agendized or soon-to-be agendized items (i.e. items onthe tentative agenda or in a Council Committee)” “Questions and all Staff-prepared responses will be forwarded to all Council Members as well asput up on the special web page created for public review of Council agenda questions and Staffresponses. Staff will include the name of the Council Member posing the questions in the“subject” field of the e-mail response.” “Written copies of all Council Member agenda questions and Staff responses will be at Councilplaces at the meeting; additionally copies will be made available in the Council Chambers formembers of the public.” —------
Comment 10: Respect the Role of Council Members as Policy Makers forthe City [Comment]: Direct quotes fromPalo Alto Council Procedures:[ADDITION]: "Respect the Role of Council Members asPolicy Makers for the City.Staff is expected to provide its best professional recommendations on issues. Staff should not try todetermine Council support for particular positions or recommendations in order to craftrecommendations. The Council must be able to depend upon the staff to make independentrecommendations.Staff should provide informationabout alternatives to staff recommendations asappropriate, as well as pros and cons for staff recommendations and alternatives" —----------
Comment 11: Define Study Session as an item without a formal not councilaction [Comment]: Direct quotes fromPalo Alto Council Procedures [ADDITION] "Study Sessions
Study Sessions are meetings during which the Council receives information about City business inan informal setting. Theinformal study session setting is intended to encourage in-depthdiscussion and detailed questioning and brainstormingby Council on issues of signiﬁcant interest,including City policy matters, zoning applications, and major public works projects. TheCouncil maydiscuss the material freely without following formal rules of parliamentary procedure. Staff may bedirected to bring matters back for future Council considerationas no action can be taken at a studysession. The Decorum rules still apply to the behaviorof the Council and public." From: Jenny Griffin
To: City Council; City Clerk
Cc: [email protected]
Subject: City Council Manual and Commission/Committee Reorg Date: Thursday, January 26, 2023 8:16:02 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council:

I am very concerned that a troubling pattern is developing. For some reason in 2023 the New City Council wants to start changing everything about the way the City Council runs.

If seems people are unhappy with the way our city has run for 22 or more years. All the Good work that our city has done in the past is being disrespected and cast aside all in One month to try to produce a set of documents that seem to have the sole purpose Of restricting the public's ability to interact and voice their opinions with their elected Officials.

Also, now long standing committees and commissions are being torn apart with little or No public input all in one month. This is again a disrespect to the long standing Democratic History of Cupertino and a disrespect for the public.

Why is this being done? All in one month? Why the hurry? What is the great need to Completely destroy the City Council and it's workings all in one month? Is there some Greater agenda going on here? Is there some group no one knows about demanding that Cupertino change in some way?
No one in 22 years or more has seen this much "change" being rammed through in two nights.

Again, why the hurry? Your discourse is with the public. By hurrying the public or hindering The public's ability to voice their opinions during this "change" you are saying that you Do not want and do not value the public's input when they sense something is happening That makes them uneasy. That is what is happening now.

The public is telling you now that they are uneasy and having grave doubts about all these Hurried and rushed "changes". They know something is wrong.

I consider the attempts to limit public input during oral communications to be enough of A red flag. Now the attempts to not allow the public to pull items from the Consent Calendar Is a true warning sign that something is very wrong with these hurried "changes".

The public was taught how to speak in their City on oral communications and how To pull items from the Consent Calendar for generations before this new city council Appeared and tried to start taking away those vehicles of communication from the Cupertino Public all in one month.

Things don't happen in Cupertino unless they are discussed. I learned that early on in My discourse with previous city councils and previous groups of the public. That is the Cupertino way.

If the new City Council has a problem with the Cupertino "way", then they need to tell the Public now. Cupertino's Way is the path of true democracy and if anyone on the City Council Wants to change that all in one month or one or two nights, then they do not truly understand What democracy is or at least Cupertino's reality of what democracy is.

Sincerely,
Jennifer Griffin
From: Tessa Parish
To: City Clerk
Subject: Re: Addition to comments
Date: Wednesday, January 25, 2023 4:53:28 PM
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CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Madam city clerk,
I came in a little late, were my comments read before the in person comments? Thank you,
Tessa Parish
On Wed, Jan 25, 2023 at 3:00 PM Lauren Sapudar <[email protected] > wrote:

Hello Tessa (City Council Bcc’d),
Your comments have been received and will be included with the written communications for Item 1 on the January 25 City Council agenda.

Regards,
Lauren Sapudar
Deputy City Clerk
City Manager's Office
[email protected]
(408) 777-1312

From: Tessa Parish <[email protected]>
Sent: Wednesday, January 25, 2023 2:55 PM
To: Christopher Jensen <[email protected]>; City Clerk <[email protected]>; Pamela Wu <[email protected]>; City Council <[email protected]>
Subject: Addition to comments

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

if the council does decide to pass the item about former council members, not serving please specify that it does not affect sitting commissioners in the resolution for clarity-- Tessa Parish
DRE#01158499
RHM Realty
www.ParishRealEstateGroup.com
408.396.8377
--
Tessa Parish
DRE#01158499
RHM Realty
www.ParishRealEstateGroup.com
408.396.8377
CC 1-25-23
Item No. 2
Study Session to
consider modifying
Municipal Code Title 2
regarding compositions
amd responsibilities of
existing Commissions
and Committees
Written Communications
From: Peggy Griffin
To: City Council
Cc: City Clerk
Subject: 2023-01-25 City Council Study Session Item2 - Consolidation/elimination of Commissions and Committees Date: Monday, January 23, 2023 2:41:23 AM
Attachments: CC Agenda Item 2-Summary of Commission-Committee consolidations.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Please include this email and the corresponding attachment as part of Written Communication for the 1-25-2023 City Council Study Session, Agenda Item #2 Consolidation/elimination of commissions/committees.

Dear City Council and Staff,

I understand the desire to reduce the amount of staff time needed to support Commissions and Committees but I think there must be a sweet spot where you can accomplish this without losing much needed functionality.

In doing so, I am concerned about the following:

1. All sub-committees – agree, delete them all. The 7 that are no longer active have completed their tasks and done a wonderful job! The others can be absorbed by various departments.

2. Environmental Review Committee – This committee has a critical job to protect the current and future people who live and work in Cupertino by reviewing all discretionary projects (that aren’t exempt) for evaluation under CEQA. The members of this committee were actually trained so they were familiar with the issues.
a. As more commercial sites get converted or add residential they need to be evaluated to insure the health and safety of future residents are adequately protected. This applies to old gas station sites, old dry cleaner sites and sites nearby them. b. Environmental reviews can take time and they should not be stuffed into a packed agenda that encourages the items to be passed “on consent” or rushed! They need to be reviewed thoroughly by committee members that are familiar with the material, who have other items on the agenda to focus on.
c. If it takes 80 hours annually so be it, if it will protect the current and future health and safety of construction workers and members of the public. It also protects the city against future lawsuits from health issues that arise due to exposure to contaminants. d. REQUEST:

Keep the Environmental Review Committee and make sure the new members are trained regarding CEQA.

3. Design Review Committee - The Staff Report is misleading. On page 1 in the bulleted list, it says the Planning Commission will include “functions that were previously designated for Design Review Committee and Environmental Review Committee” but then on Page 5 Paragraph 2 it says “…assigned to the Planning Commission or to Council as appropriate.” a. Which is it? What exact functions fall under the Planning Commission and which fall under the Council?
b. This is vague and makes it sound like it can be arbitrarily “adjusted” to one or the other based on a desired vote.
c. The functions of commissions need to be clear – not wishy washy. d. REQUEST:

If you’re going to consolidate the DRC, give all the functionality to the Planning Commission.

4. Legislative Review Committee – It uses 400 hours of staff time annually. This is critical work. The city needs to keep up with the continually changing laws and proposed laws impacting our city and its residents/businesses. The city needs to be pro-active and the way to do that is to have a committee focused on just this! Cupertino needs to actively stay engaged.
a. The 1-17-2023 Staff Report (page 5, paragraph 2) says it’s functionality “…would be addressed by the Council as necessary” BUT the Council is trying to reduce it’s hours.

It’s priority is not this!
b. The “as necessary” will default to nothing being done. c. REQUEST:

Keep the Legislative Review Committee.

5. Economic Development Committee – The 1-17-2023 Staff Report says it will be assigned to Council “as necessary”. The reason this is a codified committee is because for YEARS its meetings were going on without a lot of public visibility. It was a privileged meeting between city staff and the Chamber. They were given information before the public had access to it! a. Please do not go back to this less than transparent way of handling these meetings. b. REQUEST: Keep the Economic Development Committee. If you don’t, have the meetings be part of a REGULAR city council meeting so it’s available to the public.

Sincerely,
Peggy Griffin
Staﬀ recommended Consolida1on of Commissions, Commi4ees, Subcommi4ees Revised 1/22/2023 based on Supplemental Staff Report
Changes (also see Staff Report)
10 Commissions:
1)Arts and Culture
2)Bicycle Pedestrian – 240 hrs annually
3)Housing – 200 hrs annually
4)Library – 350 hrs annually
5)Parks & RecreaCon – 750 hrs annually
6)Planning – 1100 hrs annually; add Design Review (40 hrs) and Environmental Review CommiMee (80 hrs) 7)Public Safety – 200 hrs annually
8)Sustainability – 220 hrs annually
9)Teen – 300 hrs annually
10)Technology, InformaCon & CommunicaCons (TICC) – 120 hrs annually Committees and staff hours spent: NC=not codiﬁed
PROPOSED ACTION: see each committee below
1)AdministraCve Hearing CommiMee (NC) – 30 hrs annually 2)Audit CommiMee – 230 hrs annually
3)Design Review CommiMee (add to Planning OR City Council “as appropriate”) – 40 hrs annually 4)Disaster Council – 30 hrs annually

OLD NEW

COMMISSIONS
1ARTS AND CULTURE ARTS AND CULTURE CMC 2.80
2BICYCLE PEDESTRIAN BICYCLE PEDESTRIAN CMC 2.92.080
3HOUSING HOUSING CMC 2.86.100
4LIBRARY LIBRARY CMC 2.68.070
5PARKS & RECREATION PARKS & RECREATION CMC 2.68.070
6PLANNING PLANNING CMC 2.32.070 (INCLUDES FUNCTIONS THAT

WERE PREVIOUSLY DESIGNATED FOR DESIGN

REVIEW COMMITTEE AND ENVIRONMENTAL

REVIEW COMMITTEE)
7PUBLIC SAFETY PUBLIC SAFETY CMC 2.60.070
8SUSTAINABILITY SUSTAINABILITY CMC 2.94.080
9TEEN TEEN CMC 2.95.080
10TECHNOLOGY , INFORMATION
& COMMUNICATION (TICC)

TECHNOLOGY , INFORMATION
& COMMUNICATION (TICC)
CMC 2.74.060

COMMITTEES
1ADMINISTRATIVE HEARING ADMINISTRATIVE HEARING
2AUDIT AUDIT
3DESIGN REVIEW PC OR CITY COUNCIL CMC 2.90.090 TO BE ASSIGNED TO THE

PLANNING COMMISSION OR TO COUNCIL AS
APPROPRIATE.
4DISASTER COUNCIL DISASTER COUNCIL CMC 2.40.025
5ECONOMIC DEVELOPMENT CITY COUNCIL CMC 2.96.010 TO BE ADDRESSED BY

COUNCIL AS NECESSARY
6ENVIRONMENTAL REVIEW PC OR CITY COUNCIL CMC 2.84.080 TO BE ASSIGNED TO THE

PLANNING COMMISSION OR TO COUNCIL AS
APPROPRIATE.
*FISCAL STRATEGIC

COMMITTEE
-
*HOUSING ELEMENT

COMMUNITY ENGAGEMENT
-
*LEGISLATIVE REVIEW CITY COUNCIL TO BE ADDRESSED BY COUNCIL AS

NECESSARY
5)Economic Development CommiMee (assigned to Council “as necessary”) – 60 hrs annually 6)Environmental Review CommiMee (add to Planning OR City Council “as appropriate”) – 80 hrs annually 7)Fiscal Strategic CommiMee (NC)
8)Housing Element Community Engagement Plan (CEP) CommiMee (assigned to Comm. Dev. Staﬀ) 9)LegislaCve Review CommiMee (NC) (assigned to Council “as necessary”) – 400 hrs annually 10)Sister CiCes CommiMee
a.CoperCno, Italy
b.Toyokawa, Japan
c.Hsinchu, Taiwan
d.Bhubaneswar, India
See Feb 15, 2022 Staff Report (Comparables ORANGE: Smaller, NAVY: Comparable, RED: Too Big) ALL SUBCOMMITTEES: eliminate giving responsibility to City Manager I-All sub-committees that are no longer active and have completed their tasks:

PROPOSED ACTION: eliminate
1)Audit Expansion subcommiMee
2)Bidding and contract Process subcommiMee
3)Bubb Road subcommiMee
4)City Hall RenovaCon / Expansion Project subcommiMee
5)Farmer’s Market subcommiMee
6)Fiscal Strategic Plan CommiMee
7)ResidenCal Design Standards subcommiMee
II-Subcommittees approved by Council but pending councilmember appointments:

PROPOSED ACTION: “…delegate the speciﬁc concerns to the City Manager and have staff recommendations brought back for Council’s decision as appropriate.” 1)Closed Session Minutes subcommiMee
2)LegislaCve Aide selecCon subcommiMee (assign to Admin. Services staﬀ) 3)Summer Intern applicaCon review subcommiMee (assign to Admin. Services staﬀ) 4)Homelessness subcommiMee (assign to Community Development staﬀ) 5)FesCval fee waiver subcommiMee (assigned to Parks and RecreaCon staﬀ) City #Population FTE*
1 Monte Sereno 3 3,492 7
2 Los Altos Hills 16 8,300 26
3 Saratoga 9 31,030 57
4 Los Altos 15 31,190 95
5 Los Gatos 9 31,439 90
6 Campbell 11 42,288 104
7 Morgan Hill 4 45,742 123
8 Gilroy 11 58,756 138
9 Cupertino 17 66,762 198
10 Palo Alto 14 67,019 711
11Mountain View 19 82,272 253
12 Milpitas 17 84,196 230
13 Santa Clara 14 128,717 530
14 Sunnyvale 11 156,503 735
From: Rhoda Fry
To: City Clerk; City Council
Subject: City Council Agenda January 25, 2022 STUDY SESSION #2 compositions and responsibilities of existing Commissions and Committees
Date: Wednesday, January 25, 2023 2:26:02 PM
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Dear City Clerk,

Please post the following for today’s study session #1 and #2.

Regarding today’s STUDY SESSION –
Timing -
I have looked back several years of City Council Meetings and I have never seen a council meeting that is intended for public participation to begin at 4pm.

Typically special meetings for the public start at 5:30 PM and occasionally 5:00 PM.

Is this what we can expect moving forward? I thought that our City Council encouraged public participation in our city : (.

Can you please share with the community what the intentions are moving forward?

Former Council Members on Commissions -
I am very sad to see Mayor Wei’s attempt to remove former Mayor Scharf from the Planning Commission by employing a newly-invented rule that can be overturned at a future date. This appears in the red-lined version of the proposed changes. Planning Commissioners should be removed for cause. Unless and until there is cause to remove Mr. Scharf, he should remain on the commission. Keep in mind that past commissioners and past councilmembers can also have influence on staff even if they are not sitting on a commission. This council is moving into a very dangerous direction by considering the unnecessary removal of a sitting commissioner.

Influence on Staff:

Staff should disclose communications with past commissioners and past councilmembers on agenda items.

Regarding public comment and the 9-minute proposal:

I did not see anything pertaining to the opportunity for the public to have their comments read into the public comment by the City Clerk. Waiting 9 minutes before closing public comment is too long. In the past, people needed to get their cards in by the time staff had completed their presentation. Now we’re at 5 minutes and that is more than sufficient. Also, this allows the mayor the opportunity to reset the allotted time from 3 minutes to 2 minutes if there are a lot of speakers.

There’s also a problem about moving oral communications (non-agenda items) to the end of the meeting for in-person attendees. People who call in are given priority. Someone who is there in person who is sent to the end of the meeting, will have to stay on site until the end of the meeting and potentially sit through many items that are not of interest. People who call in on zoom during oral communications should be placed last. Also, the half-hour rule should apply to a half-hour of actual speaker time, not the overhead time of calling the person and not the cumulative allocated time.

I do not see that my comments for #2 have been rolled forward to today’s agenda written communications, so I am resending them below. I also think that the public should have the opportunity to review public comment ahead of the meeting.

Thank You Very Much,
Rhoda Fry

From: Rhoda Fry [mailto:[email protected]]
Sent: Tuesday, January 17, 2023 3:41 PM
To: 'City Clerk' <[email protected]>; '[email protected]' <[email protected]> Subject: City Council Agenda January 17, 2022 STUDY SESSION #2 compositions and responsibilities of existing Commissions and Committees

Dear City Council,

Regarding, City Council Agenda January 17, 2022 STUDY SESSION #2 compositions and responsibilities of existing Commissions and Committees Please retain the Design Review Committee and Environmental Review Committee and Economic Development Committee and Legislative Review Committee

1. Please retain the Design Review Committee and Environmental Review Committee
These committees already do not meet very often and it would be much easier to keep them on standby than to have to re-form them if necessary.

The City of Los Altos actually has a Design Review Commission – it isn’t even a committee. Don’t we want to make Cupertino a better place to live? The types of people who serve on Design Review are going to be somewhat different from the types of people who serve on the Planning Commission. Someone who serves on Design Review has a narrower focus and specific expertise. The same is true for the Environmental Review Committee. Many of these meetings are already being cancelled – but let’s keep them penciled-in in case they’re needed. Again, specific interest/expertise is required for this work. You might have an architect serve on design review and an environmental specialist serve on the environmental review committee. Members on one would not likely serve on the other. Moreover, having a meeting of people with a specific focus on a specific topic will yield superior results and advice to the planning commission.

2. “Council discontinue all previously formed subcommittees and delegate the areas of concerns to the City Manager to review and research.” This is troubling. It should be up to the City Council to determine whether a subcommittee is needed.

3. The staff is recommending getting rid of Design Review, Economic Development, Environmental Review, and Legislative Review. This is not okay. We have members of the public who can serve on these and can assist the City in providing superior solutions. Please note that the Chamber of Commerce is not a substitute for Economic Development.

The Chamber serves its members, many of whom have businesses outside of our City. When people contact the Chamber, the Chamber will provide recommendations to members of their organizations – not non- member businesses within our City. Having seen the presentations on the Economic Development Committee, I thought it was going to be an amazing asset for our community. Similarly, we need a forum under which staff and the community can review the effects of new legislation on our community. Please explain how the City spent 40 hours on the Design Review Committee in 2022? It never met in 2022.

Sincerely,
Rhoda Fry

Cupertino City CouncilJanuary 25, 2023

Cupertino City Council
January 25, 2023