CC 02-19-2025 Searchable Packet.pdf — Cupertino City Council, February 19, 2025 (part 3 of 3)

SIGNED:
________________________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
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Kirsten Squarcia, City Clerk
________________________
Date
281
1 City of Cupertino
City Council Procedures
Manual
Attachments:

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

February 20, 2025
Responsible Departments:

City Manager’s Office
Related Policies & Notes:

See Exhibits A–D.

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.

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.

1.4 No Cause of Action Against City. This Man ual is intended to govern the internal policies and procedures. Violations of this Manual are enforceable solely through enforcement pursuant to Section 10. Nothing in this Manual is intended to give rise to a claim or cause of action against the City, or any City Councilmember or other City official.

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.

EXHIBIT A
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2 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. 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 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. 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

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.

3.2 Instructions and Expectations. The Council shall make certain that all Council committees and subcommittees are properly instructed in their assigned scope 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. 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 283
3 Municipal Code. Appointment of Councilmembers to City committees shall be governed by the procedures in Section 3.

4.2 Attendance at Council Meetings. The Chair or another commission member appointed by the Chair shall attend City Council meetings whenever the commission makes a recommendation to Council regarding an item of business on the Council agenda. The commission liaison shall promptly notify the Chair after an item requiring a commissioner’s appearance is placed on a future City Council agenda.

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 Councilapproved 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.

4.5 Removal. The City Clerk shall notify the City Council and make a recommendation for potential removal of commission members for failure to comply with attendance policies adopted in the Commissioner’s Handbook. Council retains full discretion to review commission and committee member performance and may take disciplinary action as needed, including removal from the commission or committee.

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 284
4 commission’s recommendation as a member of the City Council.

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

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.

Council attendance will be noted in the agenda of the next regular meeting and thereafter for that calendar year, if five or more regular 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 correspondence (including email) from Councilmembers should be respectful and professional.

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 285
5 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. To ensure continuity of the City’s representation, the alternate should receive all correspondence from the regional bodies that is sent to the primary representative.

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.

5.5 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 A). 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 B).

5.6 Council Training. Any member of the City Council and City commissions or advisory committees formed by the City Council shall receive ethics and antiharassment 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 and shall attend training on the Brown Act and Rosenberg ’s Rules of Order. Members shall attend training sessions that are offered locally in the immediate vicinity of Santa Clara County, 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.

5.7 Mayor’s Initiative Budget. The Mayor may use the Mayor’s initiative budget established as part of the City Manager’s discretionary fund for 286
6 projects that the Mayor deems appropriate during the Mayor’s term of office, subject to the requirements of Resolution No. 07-103 (Exhibit C).

The amount of the Mayor’s 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 D) 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. The City Manager provides professional expertise to manage the organization and carry out the Council’s direction. To enable the City Council to make informed decisions while weighing community input, the City Manager provides staff recommendations and presents options, along with their associated pros and cons. The City Manager is responsible for carrying out the Council’s 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. In the event that any suggestion or comment from an individual Councilmember might be perceived as an instruction by the City Manager or any staff, the City Manager and/or staff should assume positive intent and treat it as a suggestion or comment.

6.4 Individual Councilmember Influence on Staff Decisions Prohibited. Individual Councilmembers shall not attempt to influence 287
7 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, 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 Councilmembers 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. The City Manager shall place requests that impose a significant workload on staff on the Council agenda for review by the full Council, along with a statement from that Councilmember as to why the information is needed. ’ A Councilmember may file a request for information by seeking information through a Public Records Act request to the same extent as any member of the public.

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 288
8 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. At the requestor’s discretion, the agenda request may also include additional information explaining the rationale for or timing of the agenda item. Under the “Future Agenda Item s” section of each regular Council meeting agenda, the City Manager shall include a document listing all current future agenda requests.

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.

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. If the agenda item includes any budget request or modification, the amount of the request or modification should be stated when possible. The brief description of the agenda item should be comprehensible by a typical resident. For example, an amendment to the Municipal Code should include a description of the amendment, rather than only the Code section to be amended; similarly, an item related to a development project should include not only the street address, but the common name of the project when applicable. Where practicable, the second reading of an ordinance should have the same agenda title as the first reading. 289
9 7.4 Staff Reports. Staff reports should include the following sections:

1. Subject

2. Recommended Action

3. Executive Summary (optional)

2. Background

3. Reasons for Recommendation and Available Options

4. Sustainability Impact

5. Fiscal Impact

6. City Work Program Item

7. City Work Program Item Description

8. Council Goal

9. California Environmental Quality Act
The “Background” section should include the date, at least the month and the year, previous meetings were hel d and decisions were made on the item. Whe re applicable, maps and charts should be provided in the staff report for easy reference.

7.5 Agenda Publication. Agenda packets for a regular meeting should be published and delivered to Councilmembers no later than the 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.

7.6 Supplemental Materials. Supplemental reports and materials 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 and materials 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. Council questions and staff -prepared responses will be included in supplemental materials provided to Council and the public.

7.7 Written Communication. All written communications on an agenda item sent after the meeting agenda is posted shall be included with the Council agenda materials and made available to the public . Any written communications on items not on the agenda shall be included with the Council agenda materials and made available to the public if the sender requests that the communication be so included. Written communication received before 4:00 p.m. on the day of 290
10 a regular City Council meeting will be posted by 5 :00 p.m. Written communication received after 4:00 p.m. on the day of the regular City Council meeting will be posted on the business day following the meeting.

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. 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. The City Council may by resolution reschedule regular meetings that occur the day after a Monday holiday on Wednesday of the holiday week. When a regular City Council meeting is rescheduled to a Wednesday, the agenda shall be published the prior Wednesday ; the meeting shall start at 6:45 p.m. and follow the adopted Order of Business for regular City Council meetings.

8.2 Rules of Order. City Council meetings shall be governed by Rosenberg’s Rules of Order except as otherwise provided by this Manual. 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.

8.3 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

4. Closed Session Report

5. Ceremonial Items

6. Postponements and Orders of the Day

7. Oral Communications (public comment on non-agenda matters)

8. Consent Calendar

9. Public Hearings

10. Action Calendar
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11 11. Items Removed from the Consent Calendar

12. City Manager Report

13. Oral Communications (continued)

14. Councilmember Reports

15. Future Agenda Items

16. 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.

Councilmember Reports should focus on Council committee assignments and ceremonial appearances and may include other information relevant to matters within the jur isdiction of the City Council . 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. The Mayor shall determine the Order of Business of a special City Council meeting, subject to overruling by any objections sustained by a majority of vote of the City Council.

8.4 Consent Calendar.

8.4.1 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. 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.

8.4.2 Removing Item from Consent Calendar. Items may be removed from the consent calendar only by a member of the City Council. Any member of the City Council who would like to remove any item from the consent calendar shall notify the City Manager and the City Clerk no later than 12:00 p.m. on the day of the City Council meeting. A request to remove a consent calendar item shall be made in writing and shall state the reason for removing the item from the consent calendar. Items may be removed from the consent calendar after 12:00 p.m. on the day 292
12 of the City Council meeting only by a majority vote of the Council. Items removed from the consent calendar shall be placed on the agenda for consideration after the action calendar.

8.5 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) 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 nine minutes of the time the Mayor opens public comment or prior to the close of public comment on the item, whichever is earlier. Each individual speaker will ordinarily have up to three minutes to address the Council. If a speaker representing two 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 two minutes per group member to speak , up to a total of 10 minutes, to address the Council. Consolidation of time among speakers is not otherwise allowed. 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.

8.6 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 293
13 meeting.

8.7 Conduct of Meetings

8.7.1 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.

8.7.2 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.

8.7.3 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.

8.8 Discussion and Deliberation

8.8.1 Ex Parte Contacts. 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.

8.8.2 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 294
14 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.

8.8.3 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 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. Councilmembers may yield any unused s peaking time during Councilmember questions or deliberations to colleagues who have already used their allotted time. The Mayor may allow additional time for deliberations where appropriate to encourage meaningful discussion and exchange of ideas . ’

8.8.4 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.

8.8.5 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.

8.8.6 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.
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15 8.9 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 11:30 p.m. All meetings shall be adjourned at 11:30 p.m . unless by a vote of a majority of the City Council suspends this rule and Council 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.

8.10 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 (preferably 10 minutes)

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

4. Questions from the Council

5. Public comment

6. Applicant’s response to public comment (where applicable) (preferably 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:

1. Open Public Hearing

2. Staff Report (preferably 10 minutes)

3. Appellant’s statement (preferably 8 minutes)

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

5. Questions from the Council

6. Public comment

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

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

9. Close Public Hearing

10. City Council discussion and vote
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16 8.11 City Council Recess Period. The City Council recess period shall begin the first Tuesday in August at 12:00 a.m. and end the Tuesday following Labor Day at 12:00 a.m. 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 th e 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.

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. Any documents referenced or presented during closed sessions shall be shared with Councilmembers upon request and shared in the same manner as other closed session materials, with appropriate protections for confidentiality.

10. Enforcement of Rules; Suspension of Rules. 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 three votes of the Council. 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.

11. Information Memoranda.

11.1 Staff Information Memoranda. Two Councilmembers may request an 297
17 information memorandum be provided on any matter within the subject matter jurisdiction of the City Council. The City Manager shall place requests that impose a significant workload on staff on the Council agenda for review by the full Council, along with a statement from one or more requesting Councilmembers as to why the information is needed.

11.2 Councilmember Information Memoranda. Individual Councilmembers may prepare information memoranda for inclusion in their Councilmember Reports. Councilmember memoranda may address any matter within the subject matter jurisdiction of the City Council that the Councilmember wishes to share with their fellow Councilmembers and the public, thereby enhancing transparency and accountability in City operations; provided however, that Councilmember memoranda shall not include confidential or deliberative information or communications or information protected by law from disclosure.
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EXHIBIT A
299
1 EXHIBIT A
City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 1

PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy that those certain persons holding positions hereinafter defined and designated as elected official positions shall be eligible for participation under the Elected Officials Compensation Program as hereby adopted by action of the City Council and as same may be amended or as otherwise modified from time to time.

Eligibility for inclusion with this Compensation program is limited to persons holding positions as elected officials. These are designated by the voters and may be modified as circumstances warrant.

The position in the following classification has been designated as elected official.

ELECTED OFFICIAL CLASSIFICATIONS:

Classification Title City
Council Member
Adopted by Action of the City Council,
July 2013
300
2 City of Cupertino

ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 2

SALARY SCHEDULE
As rates of pay are set forth under the Cupertino Municipal Code 2. 16. 020, and hereby adopted by action of the City Council, so are those rates of pay included herein as a part of this Compensation program. The inclusion herein of said rates and schedules does not affect any effective dates or otherwise reflect on the approval processes required but is shown as an integral part of this Program for completeness of record.

Adopted by Action of the City Council
July, 2013, October 2016
301
3 City of Cupertino

ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 3

TRAINING AND CONFERENCES
I. POLICY
It is City of Cupertino policy that members of the City Council and the Council’ s commissions and committees, shall be reimbursed or receive a direct advance according to the schedules, terms and conditions as set forth herein for the expenses authorized below. This policy is established in accordance with California Government Code Sections 53232. 2 and 53232. 3.

III. AUTHORIZED EXPENSES
The City Council and their commission and committee members can receive reimbursements or advances toward actual and necessary expenses incurred by participating in the following activities or events:

1. Communicating with representatives of regional, state and national government on City adopted policy positions;

2. Attending seminars, conferences, and training to improve skill and information levels;

3. Participating in regional, state and national organizations whose activities affect the City’ s interests ( such as the League of California Cities);

4. Attending International Conferences, budget limited to $ 2, 500 per fiscal year, provided there is a benefit to the City;

5. Attending City events;

1. Attending functions of other local civic or community organizations where there is a clear nexus between the event and the member’ s attendance as an official representative of the City. Purely social events, service club dues and meals, and political or charitable contributions or events would be excluded. For purposes of this section, reimbursable fundraisers and events include, but are not limited to, Cupertino Union School District, Fremont Union High School District, Foothill De Anza Community College District, Silicon Valley Leadership Group, Cupertino American Cancer Society ( ACS) Relay for Life and Cupertino Chamber of Commerce activities.
302
4 The City will not reimburse or advance payment toward expenses including, but not limited to:

1. The personal portion of any trip;

2. Family expenses, including those of a partner when accompanying Council or commission member on City related business, as well as child or pet related expenses.

3. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa treatments, etc.

4. Meals and entertainment paid on behalf of third parties outside of the City;

5. Gifts of any kind for any purpose;

6. Alcoholic beverages;

7. Non mileage personal automobile expenses including repairs, insurance, gasoline, traffic citations; and

8. Personal losses incurred while on City business.

IV. BUDGETARY LIMITATIONS
Reimbursement or advancement of expenses shall not exceed budgetary limitations.

Changes in appropriations will be done through the budget process.

V. REIMBURSEMENT AND ADVANCE SCHEDULE
A. Intent
This schedule is written with the intent that the City Councilmember, commissioner, or committee member will make every effort to find the lowest possible cost to the City for traveling on City business. For example, if paying for parking at the airport is less expensive than paying for a taxi or airport shuttle, then officials should drive their car and park at the airport; or if renting a car is lower than taking taxis at the out of town location, then a car should be rented. Air reservations should be booked in advance to obtain discounted fares. The following procedures apply whether the expense is being paid through a reimbursement or a direct advance.
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5 B. Local Area
The local area is defined to be within Santa Clara and San Mateo Counties and within a 40 mile distance from Cupertino when traveling to Alameda County.

C. Registration
The City will pay the registration fee for authorized attendance at a convention, conference, seminar or meeting.

D. Transportation
The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph A. Eligible transportation costs include airfare ( with coach fare being the maximum), van or taxi service to and from the attendee’ s home and airport, destination or airport parking charges, taxi and shuttle services at the out of town location, trains, tolls, or rental cars. Use of a personal automobile for City business shall be reimbursed or advanced at the rate per mile in effect for such use, except in no case shall it exceed air coach fare if the vehicle is being used for getting to the destination. Government or group rates offered by a provider of transportation must be used when available.

E. Lodging
Hotel or lodging expenses of the City official resulting from the authorized event or activity defined in this policy will be reimbursed or advanced if the lodging and event occur outside the local area. Not covered will be lodging expenses related to person( s) who are accompanying the City member, but who themselves are not on City business.

In this instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed.

Where the lodging is in connection with a conference or other organized educational activity, City paid lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, providing that lodging at the group rate is available at the time of booking. If the group rate at the conference hotel is not available, then the non conference lodging policy described in the next paragraph should be followed to find another comparable hotel.

Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government 304
6 rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www. hotels. com, www. expedia. com or an equivalent service shall be eligible for reimbursement or advancement.

F. Meals

1. No Conference
The actual cost of a meal can be claimed, within a standard of reasonableness, but receipts must be kept and submitted for the expense incurred.

2. As Part of a Conference
When City officials are attending a conference or other organized educational activity, they shall be reimbursed or advanced for meals not provided by the activity, on an actual cost basis. The actual cost rate shall follow the rules described in the meals with no conference paragraph.

G. Other Expenses
Payments toward or reimbursement of other expenses related to authorized activities or events shall be limited to the actual costs consistent with the application of reasonable standards. Receipts must be kept and submitted for all expenses.

VI. DIRECT CASH ADVANCE POLICY
From time to time, it may be necessary for a City official to request a direct cash advance to cover anticipated expenses while traveling or doing business on the City’ s behalf. Such request for an advance should be submitted to the City Manager or Department Head no less than seven days prior to the need for the advance with the following information: 1) Purpose of the expenditure; 2) The anticipated amount of the expenditure ( for example, hotel rates, meal costs, and transportation expenses); and 3) The dates of the expenditure.

An accounting of expenses and return of any unused advance must be reported to the City within 30 calendar days of the official’ s return on the expense report described in Section VII.
305
7 VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received must be approved by the City Manager or Department Head, on forms determined by the Finance Department, within 30 calendar days of an expense incurred, accompanied by a business purpose for all expenditures and a receipt for each item other than mileage. The report will be a public record subject to disclosure under the Public Records Act.

VIII. REPORTS TO CITY COUNCIL OR COMMISSIONS
At the next regular City Council or commission meeting, each councilmember or commissioner shall briefly report on publicly noticed meetings attended at City expense.

If multiple members attended the meeting, a joint report may be made.

IX. POLICY VIOLATIONS
Violations of this policy including falsifying expense reports may result in any or all of the following: ( 1) loss of reimbursement privileges, ( 2) demand for restitution to the City, 3) civil penalties of up to $ 1, 000 per day and three times the value of the resources used, and 4) prosecution for misuse of public resources.

Revised 7/ 83, 7/ 85, 7/ 87, 7/ 88, 7/ 91, 7/ 92, 12/ 07, 7/ 10 306
8 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 4

MILEAGE REIMBURSEMENTS
It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated fairly for the use of personal automotive vehicles on City business. Those persons who occasionally are required to use their personal automobiles for City business shall be reimbursed for such use at the established IRS rates. Submission of reimbursement requests must be approved by the City Manager.

Adopted by Action of the City Council
July, 2013
307
9 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 5

ASSOCIATION MEMBERSHIPS AND

PROFESSIONAL PUBLICATIONS
It is City of Cupertino policy that eligible persons under this Compensation Program shall be entitled to City sponsored association memberships as well as receiving subscriptions to professional and technical publications. Such sponsorship, however, shall be conditioned upon the several factors as set forth below.

Each association for which membership is claimed must be directly related to the field of endeavor of the person to be benefited. Each claim for City sponsored membership shall be submitted with their concurrence to the City Manager for approval.

Subscriptions to or purchase of professional and technical publications may be provided at City expense when such have been authorized by the City Manager providing the subject matter and material generally contained therein are related to municipal governmental operations.

Adopted by Action of the City Council
July, 2013
308
10 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION

PROGRAM
Policy No. 7

HEALTH BENEFITS PLAN CITY

CONTRIBUTION
It is the policy of the City of Cupertino to provide group hospital and medical insurance under which the elected official positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees and their families through comprehensive health plans available only through employer sponsorship.

Although the premium cost for the insurance provided remains the ultimate responsibility of the employee in these positions, the City shall contribute the amounts listed below towards the premium or pay the full cost of the premium if less than the stated amounts. If the premium amounts for any employee covered by this policy are less than the amounts listed below per month, the difference between the premium amount and the stated amounts will be retained by the City.

Effective
January 1, 2020
City Max Health
Contribution
City Max * Dental
Contribution
City Total Max
Contribution
Employee 848. 87 126. 78 975. 65
Employee + 1 1, 443. 09 126. 78 1, 569. 87
Employee + 2 1, 876. 01 126. 78 2, 002. 79
January 1, 2021 City Max Health
Contribution
City Max * Dental
Contribution
City Total Max
Contribution
Employee 891. 32 126. 78 1, 018. 10
Employee + 1 1, 515. 24 126. 78 1, 642. 02
Employee + 2 1, 969. 81 126. 78 2, 096. 59
January 1, 2022 City Max Health
Contribution
City Max * Dental
Contribution
City Total Max
Contribution
Employee 935. 88 126. 78 1, 062. 66
Employee + 1 1, 591. 01 126. 78 1, 717. 79
Employee + 2 2, 068. 31 126. 78 2, 195. 09
309
11 Dental Coverage: Effective the first month after Council adoption of MOU, dental coverage is capped at $ 2, 500. 00 per dependent per annual plan year for the term of this contract.

Adopted by Action of the City Council
July, 2013, October 2016, July 2019,
December 2019, January, 2023
310
12 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 9

LIFE INSURANCE
It is the policy of the City of Cupertino to provide life insurance benefits to the elected officials to a maximum of $ 16, 000.

The elected officials may enroll in the life insurance program offered if eligible under the contract provisions of the policy and the personnel rules of the City. The full cost of premiums for these programs shall be paid by the City for such individuals.

Adopted by Action of the City Council
July, 2013
311
13 City of Cupertino

ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 10

DEFERRED COMPENSATION
It is the policy of the City of Cupertino to provide equitable current compensation and reasonable retirement security for the elected officials for services performed for the City. The City participates in the California Public Employees’ Retirement System ( PERS) and deferred compensation plans have been established. Both the elected official and City may make contributions from current earnings to these plans. The purpose of this policy is to promote means by which compensation may be provided in such manner and form to best meet the requirements of the City and the needs of the elected officials. .

The City shall maintain and administer means by which the elected officials in these positions may defer portions of their current earnings for future utilization. Usage of such plans shall be subject to such agreements, rules and procedures as are necessary to properly administer each plan. Individual contributions to such plans may be made in such amounts as felt proper and necessary to the elected official. The City contributions shall be as determined by the City Council.

Adopted by Action of the City Council
July, 2013
312
14 City of Cupertino

ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 11
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CONTRIBUTION
A. Council Members occupying office on or before December 29, 2012 Only:

For Council Members occupying office on or before December 29, 2012, the City has contracted with CalPERS for a 2. 7% @55 retirement formula.

Effective in the first full pay period in July 2017, each employee shall pay the full 8. 0% of applicable salary of the employee’ s contribution towards CalPERS.

B. Council Members occupying office on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations Only.

For Council Members hired on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations only the City has contracted with CalPERS for a 2. 0% @ 60 retirement formula, three year average compensation
Effective January 1, 2017, the City shall not pay the employee’ s contribution rate to the California Public Employees Retirement System ( CalPERS) and each employee shall pay the full 7% of applicable salary of the employee’ s contribution towards CalPERS.

C. For Council members occupying office on of after January 1, 2013, or former CalPERS employees that do not qualify as Classic employees hired by the City of Cupertino on or after January 1, 2013
For Council Members occupying office on or after January 1, 2013 CalPERS has by statute implemented a 2% @ 62 formula, three year average and employees in this category shall pay 50% of the normal cost rate as determined by CalPERS.

Adopted by Action of the City Council
July, 2013, October 2016, July 2019
313
15 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 12

DENTAL INSURANCE CITY CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which the elected official positions and their dependents may be covered.

The premium cost for the insurance provided by the City shall not exceed $ 126. 78* per month per individual. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with Personnel Rules of the City and the provisions of the contract for such insurance between the City and carrier or carriers.

Dental Coverage: Effective the first month after Council adoption of agreement, dental coverage is capped at $ 2, 500. 00 per dependent per annual plan year for the term of this contract.

Adopted by Action of City Council
July, 2013, October 2016, July 2019
314
16 City of Cupertino

ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 14

EMPLOYEE ASSISTANCE PROGRAM
It is the policy of the City of Cupertino to provide an Employee Assistance Program for the benefit of the elected officials and their eligible dependents. The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre retirement, and other matters of a personal nature.

Adopted by Action of the City Council
July, 2013
315
17 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 17
VISION INSURANCE – CITY CONTRIBUTION
It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covered.

The premium cost for the insurance provided by the City shall not exceed $ 14. 94 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with the provisions of the contract between the City and carrier or carriers providing vision insurance coverage, Adopted by Action of the City Council
July, 2013
316
18 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 18

TECHNOLOGY POLICY
Purpose
This policy establishes guidelines and standards regarding the provision of technology hardware and software for Councilmembers.

Scope and Applicability
This policy applies to all City Councilmembers for the provision and maintenance of City issued technology hardware and software This technology is in addition to City technology equipment and software residing within the Mayor' s and Council' s office at City Hall.

Technology Provision
To facilitate communications with citizens, staff and other Councilmembers, each Councilmember may elect to be issued the following technology hardware at the beginning of each term.
1 Laptop
1 Docking Station
1 Monitor
1 Webcam
1 Keyboard & Mouse
1 Phone with Voice/ Data Plan
Each Councilmember’ s issued laptop will have the following additional software applications:

Office productivity platform, e. g., Microsoft O365
Cybersecurity Tools, e. g.., end point protection and multifactor authentication Video Conferencing, e. g., Zoom
317
19 Each Councilmember’ s issued phone will have the following additional software applications
Office productivity platform
Cybersecurity Tools
Video Conferencing
Issued technology hardware and software will meet current City hardware and software standards to ensure proper security, maintenance, and support.

Councilmembers who wish to not use City issued equipment must provide written acknowledgement that the technology they will use has current antivirus software and all software applications are up to date from a cyber security standpoint.

Councilmembers use the issued equipment for the performance of official City business. Data contained within the equipment is public property and considered a public record, therefore subject to all Public Records Act and Brown Act policies.

Councilmembers, upon completion of their term, will return all issued equipment to the Innovation & Technology Department. City equipment and/ or software is not available for purchase.

City Support
Innovation & Technology staff are solely responsible to provide technical support and maintenance for issued equipment and may be reached at helpdesk@cupertino. org or 408) 777 3381. If required, Councilmembers shall bring their equipment to City Hall for repair and/ or service.

Adopted by Action of the City Council
July, 2019, January, 2023
318
20 City of Cupertino
City Council
and
Planning Commission
Compensation
Effective January 1, 2017
319
21 CITY OF CUPERTINO CITY COUNCIL

AND PLANNING COMMISSION
EFFECTIVE January 1, 2017
The salaries, wages or rates of pay for members of the City Council and Planning Commission are set forth below. Only the City Council can modify these rates.

Members of the City Council $ 737. 54/ month
Members of the Planning Commission* $ 50. 00/ meeting ( maximum $ 200 monthly) Effective first full pay period in July 2017
Members of the City Council $ 743. 07/ month
Members of the Planning Commission* $ 50. 00/ meeting ( maximum $ 200 monthly) Benefits as set forth in this document do not apply to members of the Planning Commission.
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Council
Technology
Policy
Citywide Policy Manual
Policy #
Attachments:

N/ A
Effective Date:

December 12, 2022
Responsible Department:

Innovation & Technology
Related Policies & Notes:

This policy supersedes previous Council Technology Polices from 2005, 2012, and 2018 Purpose
This policy establishes guidelines and standards regarding the provision of technology hardware and software for Councilmembers.

Office productivity platform, e. g., Microsoft O365
Cybersecurity Tools, e. g.., end point protection and multifactor authentication Video Conferencing, e. g., Zoom

EXHIBIT B
321
Each Councilmember’ s issued phone will have the following additional software applications
Office productivity platform
Cybersecurity Tools
Video Conferencing
Issued technology hardware and software will meet current City hardware and software standards to ensure proper security, maintenance, and support.

Councilmembers use the issued equipment for the performance of official City business.

Data contained within the equipment is public property and considered a public record, therefore subject to all Public Records Act and Brown Act policies.

Councilmembers, upon completion of their term, will return all issued equipment to the Innovation & Technology Department. City equipment and/ or software is not available for purchase.

City Support
Innovation & Technology staff are solely responsible to provide technical support and maintenance for issued equipment and may be reached at helpdesk@cupertino. org or ( 408) 777- 3381. If required, Councilmembers shall bring their equipment to City Hall for repair and/ or service.

Submitted By: Approved By:

Printed Name: Bill Mitchell Printed Name: Pamela Wu Title: CTO Title: City Manager
Signature: Signature:

Date: December 11, 2022 Date:
322
Vote
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
ls/ Kimberly Smith
City Clerk
Members of the City Council
Wang, Kwok, Lowenthal, Mahoney, Sandoval
None
None
None
APPROVED:
ls/ Kris Wang
Mayor, City of Cupertino

EXHIBIT C
RESOLUTION NO. 07- 103

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

PROVIDING FOR A DISCRETIONARY FUND TO BE ADMINISTERED BY THE CITY MANAGER TO PROVIDE A ll? UNDING SOURCE FOR PROJECTS

THAT THE MAYOR MAY WISH TO PROPOSE FROM TIME TO TIME
DURING THE MAYOR' S TERM OF. OFFICE
WHEREAS, The City Council wishes to provide a small source of funds for projects that may be proposed at the discretion of the Mayor during the Mayor' s term of office; and,
WHEREAS, The City Council wishes to establish a Mayor' s initiative budget that will be included as part of the City Manager' s Office budget in the City Manager' s discretionary account; and,
WHEREAS, The City Council wishes to determine, as part of the budget process, the amount of funding for the duration of the Mayoral term; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino that Mayor' s initiative budget is established in an amount to be determined by the City Council as part of the City Manager' s discretionary fund to be used for projects that the Mayor deems appropriate during the Mayor' s term of office; and, BE IT FURTHER RESOLVED that the decision to spend money on a Mayor' s project will be jointly determined by the Mayor and the City Manager, except that the City Manager may, at his or her sole discretion escalate the spending decision to the City Council if he or she determines that to be necessary or appropriate; and, BE IT FURTHER RESOLVED that the City Council will be advised by an item on the Council Agenda prior to the date of the Mayor' s State of the City Address, of any new project or initiative that the Mayor may wish to propose during the State of the City Address.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5thday of June 2007, by the following vote:
323
0( 1' 2
3 4
5 4
4 6
0( 1' 2
7 0( 1' 2
0( 1' 2
0( 1' 2
D
324
0 2
0( 1' 2
0( 1' 2
7 0( 1' 2
7 7 3
8 5 9 9 8
6 0+
28 0( 1' 2
325
14 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.

8. 10 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 ( preferably 10 minutes)

3. Applicant' s presentation ( where applicable) ( preferably:-:::; 8 minutes)

4. Questions from the Council

5. Public comment

6. Applicant' s response to public comment ( where applicable) preferably 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:

1. Open Public Hearing

2. Staff Report ( preferably 10 minutes)

3. Appellant' s statement ( preferably 8 minutes)

4. Applicant' s statement ( where applicable) ( preferably 8 minutes)

5. Questions from the Council

6. Public comment

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

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

9. Close Public Hearing

10. City Council discussion and vote

8. 11 City Council Recess Period. The City Council recess period shall begin the first Tuesday in August at 12: 00 a. m. and end the Tuesday following Labor Day at 12: 00 a. m. 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 326

CITY OF CUPERTINO
Agenda Item
25-13726 Agenda Date: 2/19/2025
Agenda #: 12.

Subject: Appointment of an Interim City Attorney
Authorize the Mayor to execute an agreement for Interim City Attorney CITY OF CUPERTINO Printed on 2/12/2025Page 1 of 1
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327
Subject
Appointment of Interim City Attorney

The draft agreement for this item will be made available as a desk item prior to the City Council meeting.
328

CITY OF CUPERTINO
Agenda Item
24-13565 Agenda Date: 2/19/2025
Agenda #: 13.

Subject: Councilmember Reports
CITY OF CUPERTINO Printed on 2/12/2025Page 1 of 1
powered by Legistar™
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CITY COUNCILMEMBER REPORT
Meeting: Wednesday, February 19, 2025
Reporting Councilmember : Mayor Liang Chao
Report Dates : 1/28/25 to 2/6/25
Section 1: Announcement - Message from the Mayor :
❖ FY 2025-27 Work Program Prioritization : The staﬀ has proposed a new process for Work Program Prioritization in an info memo . Check the Work Program page for updates. ➢ The Council has reviewed the initial top-10 lists at the 1/22 council meeting. Each councilmember has submied their revised top-10 list and they will submit a ranking on 20 projects by February 28. See an upcoming info memo for the revised lists. ➢ At the March 3 Council Workshop, the Council will rank the projects and the top 20 will be considered for the FY 2025-27.
➢ The ﬁnal decision will likely be made in April/May before the Council adopts the FY 25-26 budget in June 2025.
❖ The State of the City Address: It will be held at 6:30pm on Wednesday February 26 at the Quinlan Center.
➢ A message to save the date has been sent out.
➢ Partners: We continue to partner with Cupertino Rotary and Cupertino Chamber. In addition, we are also partnering with the Cupertino Library Foundation and the Cupertino Historic Society on the Mayor’s Initiative Cupertino Stories. The Cupertino TV Productions and sister city commiees will also join as partners.
❖ Monthly Mayor’s Coﬀee Community Meetings: These meetings will be generally held on the second Monday at 5pm each month, but it might be moved to other Mondays if needed. The location will rotate so that we cover diﬀerent businesses each month. ➢ The second Monthly Mayor’s Coﬀee was held on Monday February at 5pm at Avachi Biryani House, an Indian restaurant, who provided free Chai Tea and dessert for everyone. More than 30 people aended. I gave an update on actions from the last council meeting and answered questions.
➢ The next Mayor’s Coﬀee will be on Monday March 10th at 5pm. The location is TBD. ❖ Cupertino Mayor at the Chamber LAC Meeting : On Thursday February 6th, I spoke at the Legislative Action Commiee (LAC) of the Cupertino Chamber with a presentation on Economic Development Reﬂection and Outlook . The video will be available soon at the Chamber LAC page . ➢ I am happy to aend meetings at other organizations too with a presentation. You are 1 330
welcome to submit your invitations to [email protected] . ❖ Process to Request Certiﬁcate of Recognition or Commendation:
➢ To ensure such requests are handled as smoothly and eﬃciently as possible, the City Manager’s Oﬃce has implemented a dedicated process.
➢ We kindly ask that you complete the following form, which will allow Mayor Chao to present a certiﬁcate of recognition: hps://cupertino.gov/councilmeetingrequest. ❖ Proclamations at Council meetings : This year, I plan to follow a tradition upheld by some former Cupertino mayors and other mayors in recognizing organizations or individuals with proclamations during Council meetings. My goal is to honor those who have made consistent and/or signiﬁcant contributions to Cupertino, with an emphasis on those who are less well-known. If you have any suggestions, please feel free to email me at [email protected] .

Proclamations for contributions will generally be presented at the second Council meeting of each month, while the ﬁrst meeting will continue to recognize special observances (e.g., awareness months or weeks) as before. You are also welcome to submit suggestions for these recognitions.

Section 2: Commiee Assignment
2025-01-24 Santa Clara County Mayors meeting, hosted by San Jose Mayor Ma Mohan (meet quarterly)
- Staﬀ of San Jose Mayor’s oﬃce presented the work of GovAI and other innovative Economic Development work.
- The mayors brain stormed potential common goals to work together, such as RV parking, ﬁre safety (weed abatement on parcels owned by public agencies), commitment of services from the County when cities provide shelters, impact from the upcoming Super Brown and World Cups in 2026 2025-01-24 Santa Clara County Mayors meeting, hosted by San Jose Mayor Ma Mohan (meet quarterly)
-
2 331
Section 3: Activities by Date (Date, Title, and Description):

NOTE:
● This list does not include internal meetings with staﬀ only, such as prep sessions or meetings with the City Manager.
● This list includes activities to “represent the community I am elected to serve”, “to respond to community needs and complaints,” and “to communicate policies and programs to residents,” among other responsibilities of a City Councilmember. ● Due to my work schedule, I have cut down on the event aendance for ceremonial purposes, especially those I have aended almost every year in the past. Instead, I focus more of my time on constituent services.
2025-1-30 Meeting on potential partnership on July 4th ﬁrework with De Anza College President and Staﬀ, facilitated by Assemblymember Patrick Ahrens and his staﬀ - Assemblymember Patrick Ahrens expressed the desire to support the July 4 event either in the form of ﬁreworks or drones, as Sunnyvale has done.
- De Anza College expressed the willingness to look into possible collaboration. - Councilmember Ray Wang was also in aendance.
2025-01-31 Bay Area AAPI Elected Oﬃcial Lunar New Year Luncheon at China Stix - hosted by Assemblymember Patrick Ahrens in collaboration with other legislators - Many elected oﬃcials aended, especially newly elected ones. The entire 5-member staﬀ for Assemblymember Patrick Ahrens aended the event.
2025-02-01 Aended the Policy & Pancakes Breakfast at Sunnyvale Senior Center, hosted by Assemblymember Patrick Ahrens
- The mayors of each city in the district were invited to give an update about their city. - Sunnyvale Mayor Larry Klein announced that they ﬁnally have a women majority and Asian majority on the Council. I commented that Cupertino had Asian Majority probably since 2014 and had women majority since 2022 and every year since then. Thus, Sunnyvale has some catching up to do.
- The Fireﬁghters Association and retired ﬁreﬁghters donated the pancakes and sausages. No eggs due to the egg shortage.
2025-02-01 Aended the ﬁle screening of a documentary “Blind Spot” about the antisemitic incidents on college campuses
- The ﬁlm screening was followed by a panel of students and parents who shared their personal experience. - One of the panelists founded the Jewish Student Union at De Anza College. - I asked the ﬁnal question to the panel: “How did we get here? How did our society lose common sense along the way and college students are easily provoked by activists to mistreat others for a sense of justice?”
2025-02-05 Meeting with Toll Brothers on their proposal for the United Furniture site - They are planning to build 55 townhomes on the 2.74 acres at about 20 units/acre. 20% of the units will be 3 332
below-market-rate. The townhomes will be 3 stories under 45 feet with rooftop decks. - The State of Design Intent states: “The project consists of six diﬀerent dwelling unit plans within ten diﬀerent buildings on-site. The six ﬂoor plans range in square footage from 1,442 to 2,295 square feet of living space. Each of the unit plans have a 2-car garage and 2 to 4 bedrooms. There are 10 units on-site that have an ADU unit that provide an additional housing type. Each unit type is provided with a roof deck for ample outdoor private space.

The townhome buildings are diﬀerentiated by the number of units within each building type. There is a 3-unit building, ﬁve 5-unit buildings, three 6-unit buildings, and an 8-unit building. The completed project will provide a total of 55 new dwelling units plus 10 ADUs.” - Toll Brothers shared the Design Intent, site plan (outreach package) and ﬁscal impact analysis , which are a portion of their submied project and are all public documents. 2025-02-05 Met with students from Homestead High’s Homestead High School's Partnership with Business Project to present the Certiﬁcate of Commendation to them. - Serena Fanse and Anjay Parthasarathy, Partnership with Business Project Chairs 24-25, Homestead FBLA - Their leer stated: “In September 2024, we collaborated with the Alzheimer’s Association to advocate for the NAPA Reauthorization Act (HR 619) and the Alzheimer’s Accountability and Investment Act (HR 620).

We interviewed over 150 advocacy volunteers and 90 individuals living with early-stage Alzheimer’s, capturing their powerful stories through the Gather Voices platform. These video messages were shared with Members of Congress to highlight the importance of continued federal investment in Alzheimer’s research and care.”
2025-02-06 Spoke at the Legislative Action Commiee (LAC) of the Cupertino Chamber ● My presentation on Economic Development Reﬂection and Outlook . The video will be available soon at the Chamber LAC page .

NOTE: Events aended from 2025-02-07 or later will be reported in the next report.

Section 4: Information of Interest to My Constituents: (no update since the last report)

1. Builders’ Remedy (BR) Projects
★ The Planning Staﬀ has completed the “determination of completeness” reviews for the 20739 Scoﬁeld Drive and Vista Heights projects. In both instances staﬀ has determined that the application materials are incomplete , meaning the projects are no longer vested pursuant to Government Code Section 65941.1.

The leers that have been transmied to the applicants are available on the City’s website here:
● Scoﬁeld: hps://www.cupertino.gov/scoﬁeld
● Vista Heights: hps://www.cupertino.gov/vistaheights ★ There is one more BR project that is still active: Dividend Homes at the northwest corner of Stevens Creek Blvd and De Anza. The project will replace the existing oﬃce building with town homes.
★ Status of all BR projects
★ The July 25, 2024 info memo, titled “ Scoﬁeld Drive SB330 Preliminary Application 4 333
pursuant to Builder’s Remedy ”, has information about what are BR projects and their review process.

2. License Plate Reader Camera - City-operated or personal ones ★ The Council has adopted the Automated License Plate Reader (ALPR) Camera program ( Resolution 24-094 ) in order to alert the police when a license plate with previous record is detected. Some cameras are placed at major roads entering Cupertnio. ★ The residents or businesses can connect your home or business surveillance camera with the Santa Clara County Sheriﬀ's Oﬃce. The registration form is at the boom of this page .

Section 5: Information Access Useful to My Constituents:

1. “Wrien Communication” for a City Council meeting:
○ When will an email sent to the City Council be included in the “Wrien Communication” ﬁle of a Council meeting?
○ From the City Clerk:
■ Emailed comments that are related to an agenda item and received following the agenda publication prior to or during the meeting will be posted to the City’s website.
■ Emailed comments related to non-agenda items and received following the agenda publication prior to or during the meeting will be posted upon request only if it is forwarded by a councilmember, to comply with the Muni Code.

3. Recordings of Commission Meetings:

Starting in June, commission meetings will be recorded for viewing later, although no teleconferencing to allow remote participation.
- Find the recordings here under each commission.

4. Information Memo posted on the City website:

City Council Informational Memos are now available on the City website. The information can be accessed from the City website at cupertino.org/memos and the City Council page. You can also ﬁnd the page by entering search terms “info memos” at the top of the website. ★ Anyone may use the eNotiﬁcation signup to receive informational memo updates by email.
★ The info memos are now hosted in the digital archive as all other city records . ★ Click “+” to zoom in.
★ On a laptop:
○ To open the document as PDF, click on the Print icon and then click on “Download & Print”. The downloaded PDF will appear in a new tab for viewing. ○ This does not work on Safari browser on an iPhone.
5 334
★ To copy and paste text, you must open it as PDF and then copy & paste from there.

New memos posted, since last report:
● January-31-2025-Goal-Seing-Workshop-Preparation-Council-Revised-Top-10-Projects.pd f(PDF, 2MB)
● January-30-2025-Overview-of-Public-Records-Act-Requests-for-2024.pdf(PDF, 226KB) ● January-30-2025-Quarterly-Investment-Treasurer’s-Report for-December-2024(PDF, 4MB) ● January-30-2025-Monthly-Treasurer’s-Investment-Report-for-December-2024(PDF, 4MB) ● January-30-2025-Monthly-Treasurer’s-Report-for-December-2024(PDF, 308KB) ● January-17-2025-Overview-of-the-2020-Reﬁnancing-of-Certiﬁcates-of-Participation.pdf(PD F, 2MB)
● January-17-2025-Special-Assessment-Districts-and-the-Automated-License-Plate-Readers. pdf(PDF, 22MB)
● January-17-2025-Status-of-the-Emergency-Operations-Center.pdf(PDF, 1MB)

4. How to Search an agenda item:

A community member showed me a way to search for items on the past city meetings:
● Go to this page: hps://cupertino.legistar.com/Calendar.aspx ○ Make sure that “Calendar” is selected from the top row of tabs and the “List View” is selected from the boom row of tabs.
○ Enter the search term, such as “investment report”. Choose the year or select “All Years”
(Last Activity Report in the February 4, 2025 Council Meeting Agenda .) 6 335
1 CITY COUNCILMEMBER REPORT
Meeting: February 19, 2025

Reporting Councilmember: Councilmember J.R. Fruen

Report Dates: 1/28/25 to 2/10/25

Item Date, Title, and Description:

Event 1. January 30, 2025 – Cities Association of Santa Clara County JPA Board Meetings – I attended this meeting in my capacity as Second Vice-President of the CASCC JPA and Chair of the Legislative Action Committee. The Board received an overview of the JPA’s jurisdiction and purpose and conducted a discussion of focus areas to guide discussion and action for the year. Many of the items from 2024 appear likely to carry over into 2025, with the addition of an emphasis on emergency preparedness in light of the Los Angeles fires and on governance- related issues. Agenda materials are available here: Agenda and Packet, January 30, 2025 Board Meeting

Event 2. February 3, 2025 – Cities Association of Santa Clara County JPA Executive Committee Meeting – I attended this meeting in my capacity as Second Vice-President of the CASCC JPA and Chair of the Legislative Action Committee. We discussed and ratified the agenda for upcoming meetings and examined broad themes for discussion and action in the coming year. Agenda materials are available here: Agenda and Packet, February 3, 3035 Executive Committee Meeting

336
1 CITY COUNCILMEMBER REPORT
Meeting: February 19, 2025

Reporting Councilmember: Councilmember Sheila Mohan

Report Dates: 1/28/25 to 2/10/25

Item Date, Title, and Description:

1/28/25 I participated in interviewing candidates for various City Commissions. The interviews were conducted over two evenings, and the Council interviewed 60 plus candidates.

2/1/25 In my capacity as Board member of the Santa Clara County Library District, I attended the Library Punch Bowl event at the district headquarters. There was a full morning agenda with featured speakers, including Silicon Valley Reads author, Ray Naylor. Library staff made presentations on new projects and programs initiated in city libraries during the year.

2/10/25 I was interviewed by students of the Monta Vista High School’s Future Business Leaders of America (FBLA) Club on a variety of issues, including the City’s role in fostering a successful business environment and the impact of city decisions on businesses and communities.
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1 CITY COUNCILMEMBER REPORT Meeting: February 19, 2025 Reporting Councilmember: Vice Mayor Kitty Moore Report Dates: 12/18/24 to 2/10/25 Item Date, Title, and Description: December 18, 2024. Stevens Creek Boulevard Corridor Steering Committee. The Steering Committee received the Redlined Draft Vision Implementation Plan which will be coming to the Cupertino City Council for review in March/April. Steering Committee Meeting December 18, 2024 Agenda: https://www.cupertino.gov/files/assets/city/v/1/departments/documents/public-works/transportation/new-folder/steering-committee-meeting-agenda-december-18-2024.pdf Steering Committee website: https://www.stevenscreekvision.com/ San Jose D1 Steering Committee webpage: https://www.sanjoseca.gov/your-government/departments-offices/mayor-and-city-council/district-1/planning-and-development/stevens-creek-corridor-steering-commitee Draft Vision Implementation Plan: https://www.stevenscreekvision.com/_files/ugd/e88970_49b886841ada4bbe88f433d6ad27a8e9.pdf?utm_medium=email&_hsenc=p2ANqtz-_2WGVsJh3Dd01EDEJ4E0d4F3YSo06XRo39Dxq1IVG34n9lJN_XvjmCLyP55_oNgTsw5BSyGVcns3RYcnjOPXkzz_-skA&_hsmi=338492291&utm_content=338492291&utm_source=hs_email Redlined Draft Vision Implementation Plan: https://www.stevenscreekvision.com/_files/ugd/e88970_a1914503da324120b6a5d7669fd7d164.pdf Draft September 6, 2024 Meeting Minutes: https://www.stevenscreekvision.com/_files/ugd/e88970_df234fa5bbff46bca6cefebbaf8b2fbc.pdf 338
City Council Vice Mayor Moore Report
2 Draft May 23, 2024 Meeting Minutes: https://www.stevenscreekvision.com/_files/ugd/e88970_0b78e832e2414ba8bdd17654e3fa4f83.pdf January 16, 2025. VTA Policy Advisory Committee (VTA PAC) Meeting. Agenda packet: https://santaclaravta.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=4096&Inline=True VTA Ridership summary:

January 17, 2025. Councilmember preparation meeting with staff. January 22, 2025. Special Meeting of the Cupertino City Council. Agenda may be accessed here: https://cupertino.legistar.com/DepartmentDetail.aspx?ID=22534&GUID=759DE527- 339
City Council Vice Mayor Moore Report
3 B7CF-4B4C-88AB-B83875AB732D&Mode=MainBody January 27, 2025. 1:1 w/City Manager. January 27, 2025. Cupertino Audit Committee meeting. Agenda packet may be accessed here: https://cupertino.legistar.com/View.ashx?M=PA&ID=1277862&GUID=9A0F0916-C40C-4D3F-87BF-2171AA17A21E The Internal FWA report was reviewed by the Committee and may be accessed here: https://cupertino.legistar.com/View.ashx?M=F&ID=13698033&GUID=0C94FE7B-4429-4FB7-8B02-FD4008E83F06 January 27, 2025 and January 28, 2025. City Council Commission interviews and appointments. January 30, 2025. Santa Clara County Cities Association City Selection Committee and Board meeting. Meeting agendas may be accessed here: https://citiesassociation.org/meetings-2/ The committee began work on determining the work program at the January 30, 2025 meeting. February 3, 2025. Closed Session Cupertino City Council. February 4, 2025. Regular meeting of the Cupertino City Council. Agenda may be accessed here: https://cupertino.legistar.com/DepartmentDetail.aspx?ID=22534&GUID=759DE527-B7CF-4B4C-88AB-B83875AB732D&Mode=MainBody February 10, 2025. 1:1 with City Manager. 340

Cupertino City CouncilFebruary 19, 2025

Cupertino City Council
February 19, 2025