CC 02-26-2024 All Commissions Training
UNOFFICIAL MINUTES
ALL CUPERTINO COMMISSIONS
Monday, February 26, 2024
SPECIAL JOINT MEETING
At 6:00 p.m. City Clerk Kirsten Squarcia convened the Special Joint Meeting of the Cupertino
Audit Committee, Bicycle Pedestrian Commission, Arts and Culture Commission, Housing
Commission, Library Commission, Parks and Recreation Commission, Planning Commission,
Public Safety Commission, Sustainability Commission, and Technology, Information, and
Communications Commission in Community Hall Council Chamber, 10350 Torre Avenue.
Present:
Arts and Culture Commissioner Dana Ford
Audit Committee Chair Eno Schmidt and Committee Member Hanyan Wu
Bicycle Pedestrian Commission Vice Chair Joel Wolf and Commissioner Grace John
Housing Commission Chair Connie Cunningham, Vice Chair Ryan Golze, and Commissioners
Angan Das, Yuyi He, and Govind Tatachari
Library Commission Chair Archana Panda and Commissioner Janki Chokshi
Parks and Recreation Commission Chair Jennifer Shearin and Commissioners Claudio Bono,
Carol Stanek, and Seema Swamy
Planning Commission Chair David Fung, Vice Chair Seema Lindskog, and Commissioner Muni
Madhdhipatla
Public Safety Commission Chair Bobby Toda, Vice Chair Sidharth Rajaram, and Commissioners
Nirmalendu Das and Neal Evans
Sustainability Commissioners Alexander Fung, Susan Hansen, and Connie Yang
Technology, Information, and Communications Commissioners Prabir Mohanty, Emma Shearin,
and Balaram Donthi
Absent:
Arts and Culture Commission Chair Carol Maa, Vice Chair David Wang, and Commissioners
Kiran Varshneya Rohra and Rani Agrawal
Audit Committee Member Angela Chen
Bicycle Pedestrian Commission Chair Herve Marcy and Commissioners Ilango Ganga and John
Zhao
Library Commission Vice Chair Sheela Sreekanth and Commissioners Liyan Zhao and Qin Pan
Parks and Recreation Commission Vice Chair Hemant Buch
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Planning Commissioners Tejesh Mistry and Steven Scharf
Public Safety Commissioner Rohan Pandit
Sustainability Commission Vice Chair Sonali Padgaonkar and Commissioner Steve Poon
Technology, Information, and Communications Commissioners Mukesh Garg and Sudeep
Kumar
NEW BUSINESS
1. Subject: Commissioner training on City policies and procedures, Brown Act, and
conflicts of interest
Recommended Action: Receive Commissioner training on City policies and
procedures, Brown Act, and conflicts of interest
Written communications for this item included a staff presentation.
City Manager Pamela Wu gave a presentation on the City of Cupertino’s government
structure, City Commissions as advisory boards to City Council, and commissioner
responsibilities.
Commissioner responsibilities and expectations are outlined in the Commissioners’
Handbook and City Council Procedures Manual (Section 4). The City Council will
consider updates to these documents at the March 5 City Council meeting and
commissioner input is requested.
Commission Role:
• Commissions act in a purely advisory capacity to the City Council in matters
pertaining to their commission scope (see Cupertino Municipal Code, Chapter 2).
• Commissions weigh public input on the issues, provide recommendations to the
City Council, and act as a body which requires a majority voting on matters.
• Individual Commission member comments are not considered direction.
Commissioner Responsibilities include:
• Reading and understanding the Commissioners’ Handbook
• Being prepared for and participating in commission meetings, and reading the
materials and sending clarifying questions to staff in advance of meetings
• Attending at least 75% of the meetings annually per the Attendance Policy
• Representing the community
• Filing a Statement of Economic Interests (Form 700) upon assuming office and
annually thereafter and complete the required trainings.
City Manager Wu introduced the City staff commission liaisons.
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City Manager Wu also discussed the City Work Program process. Commissions support
work program items which are reviewed and approved annually by the City Council.
City Clerk Kirsten Squarcia gave a presentation on the role of the City Clerk’s Office in
overseeing commission recruitment, onboarding and orientation, ensuring compliance
with required filings and trainings and eligibility, and overseeing City agenda
publications.
City Clerk Squarcia discussed Rosenberg’s Rules of Order and the role of commission
liaisons:
• Commissions follow the parliamentary procedure known as Rosenberg’s Rules of
Order during meetings. Rosenberg’s Rules is in place to run efficient meetings and
allows for an orderly deliberation of items. The Chair runs the meetings; members
should be respectful of sometimes differing opinions.
• City staff liaisons are assigned to each advisory body and are responsible for
providing technical expertise, drafting meeting materials, facilitating meetings, and
ensuring compliance with the Brown Act and Parliamentary Procedure.
Commission and committee members asked questions and made comments.
Planning Commissioner Muni Madhdhipatla asked if the attendance policy absence
percentage was based on the regularly scheduled meetings for the year.
Parks and Recreation Commission Chair Jennifer Shearin asked how meeting
cancellations are factored into the attendance policy absence percentage.
Library Commission Chair Archana Panda asked if commissioners are required to attend
meetings in person.
Library Commissioner Janki Chokshi asked if commissioners could request to attend a
meeting virtually.
Technology, Information, and Communications Commissioner Prabir Mohanty asked if
the rules for teleconference meetings includes a requirement for the teleconference
meeting location to be publicly accessible.
Parks and Recreation Commissioner Carol Stanek asked if the City Council received
reports on commissioners who have completed required trainings and about enforcement
for those who do not complete the trainings.
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Housing Commissioner Angan Das asked if the commission regular meeting schedules
could be changed.
City Attorney Chris Jensen gave a presentation on the basics of the Brown Act and Conflict
of Interest rules.
The Brown Act:
Legislative bodies must:
• Conduct business and make decisions only in open public meetings.
• Publish and follow meeting agendas.
• Provide an opportunity for public participation before making decisions.
Meetings:
The term “meeting” constitutes any time that a majority of commissioners get together to
hear discuss or deliberate on an item that's within the subject matter jurisdiction of the
commission. Meeting types include regular meetings, special meetings, and emergency
and adjourned meetings. There are exceptions that are not considered a meeting and are
excluded from the Brown Act, including:
• Individual contacts
• Staff briefings (less than a quorum)
• Social and ceremonial gatherings
• Conferences/seminars
• Open, publicized community meetings (not City meetings)
• Meetings of other legislative bodies
The Brown Act prohibits a series of communications of any kind (directly or through
intermediaries).
Social Media:
There are Brown Act provisions that cover social media. Commissioners can participate
on social media to answer questions and communicate with members of the public but
cannot use social media to discuss items with other commissioners. Commissioners cannot
respond to other members on social media. Commissioners cannot “like” a post or use
emojis to comment on posts because two members are not allowed to communicate with
each other in this way on social media.
Agendas:
Commissioners are limited to discussing what is on the agenda. The liaison and the chair
determine the agenda in advance of the meeting. Agendas must be posted 72 hours in
advance of regular meetings or 24 hours before special meetings. There are strict
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limitations on discussion of non-agendized matters. Responses to public comments are
limited to brief announcements, asking questions of staff for clarification, referring an item
to staff for more information, or briefly responding to public comments. It is not intended
to invite extended deliberation these issues.
Public Participation:
The public is allowed to comment on any item within the subject matter of jurisdiction of
the legislative body at regular meetings and special meetings. The public has a right to
access the same information distributed to the commission. Legislative bodies may not
prohibit criticism of the agency, commission, or staff.
Enforcement:
There are enforcement provisions of the Brown Act if there is an alleged violation. A
demand for cure or correction would be issued with the opportunity to remedy any errors
that are identified. Possible consequences include voiding the action that the body takes,
injunction against future violations, and being held liable for attorneys’ fees award. There
are also criminal provisions of the Brown Act.
Commission and committee members asked questions and made comments.
Library Commission Chair Archana Panda asked about amending the Brown Act.
Housing Commissioner Angan Das asked about the Brown Act regulating commissioner
and staff communications on social media.
Parks and Recreation Commission Chair Jennifer Shearin asked about the rules for public
comment and the chair limiting the time allotted to speakers.
Planning Commissioner Muni Madhdhipatla asked about the chair’s discretion to limit
the time of public speakers and the procedures to be overruled by a majority vote of the
commission.
City Attorney Jensen gave an overview on Conflicts of Interest:
• Conflicts in making contracts (Gov. Code §1090). A public officer or employee may
not make contracts in which they are financially interested.
• Political Reform Act. Public officials may not make or influence government
decisions in which they know or should know they have a financial interest.
• Recusal Procedures. If a conflict exists, recusal is required.
• Campaign Contributions (SB 1439) applying to decisions relating to licenses,
permits, or entitlements.
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• Gifts. There are prohibitions on officials from receiving gifts and numerous
exceptions.
• Common law conflicts of interest. Public officials cannot use their positions for
personal gain. There is a need for the avoidance of prejudice and the need for due
process in making quasi-adjudicatory decisions.
Commission and Committee Members asked questions and made comments.
Sustainability Commissioner Alexander Fung asked about the rule for counting votes in
the event of a tie with one member recusing due to a conflict of interest.
Housing Commissioner Yuyi He asked about the Brown Act limiting communications
between the same commission members but not between different commission members.
Innovation and Technology Manager Tommy Yu gave a presentation on technology
reminders including cybersecurity training requirements, the use of City email when
conducting City business, and informing the IT Department when traveling
internationally.
Innovation and Technology Manager Yu emphasized the importance of training, provided
statistics on phishing attacks, and discussed organizational risks & the implications with
unsafe behaviors.
Commission and Committee Members asked questions and made comments.
Bicycle Pedestrian Commission Vice Chair Joel Wolf asked about the City’s quarantine
system for moving suspicious emails.
Sustainability Commissioner Susan Hansen asked about the frequency of scheduled
phishing tests for newly appointed commissioners.
Technology, Information, and Communications Commissioner Prabir Mohanty asked
about commissioners forwarding emails regarding City business to their personal
accounts.
Housing Commissioner Govind Tatachari asked about setting up Duo authentication
when using separate devices.
City Clerk Kirsten Squarcia opened the public comment period and, seeing no one, closed
the public comment period.
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ADJOURNMENT
At 7:11 p.m., City Clerk Kirsten Squarcia adjourned the Special Joint Meeting.
Minutes prepared by:
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Kirsten Squarcia, City Clerk