Loading...
02.13.25 (All Commissions Training) UNOFFICIAL MINUTES ALL CUPERTINO COMMISSIONS Thursday, February 13, 2025 SPECIAL JOINT MEETING At 6:03 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 the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Present: Audit Committee Eno Schmidt, Chair Councilmember Sheila Mohan, Vice Chair Hanyan Wu Bicycle Pedestrian Commission Ilango Ganga, Chair Joel Wolf Arts & Culture Commission Susan Chen Archana Panda Housing Commission Yuyi He Usha Narayan Elida Xhindi Library Commission Liyan Zhao, Chair Janki Chokshi, Vice Chair Qin Pan Xiangchen Xu Page 2 All Commissions Minutes February 13, 2025 Parks & Recreation Commission Seema Swamy, Chair Gopalakrishnan Kumarappan Carol Stanek Public Safety Commission Sidharth Rajaram, Vice Chair Sashikala Begur Neal Evans Ravi Kiran Singh Sapaharam Sustainability Commission Sonali Padgaonkar, Chair Susan Hansen, Vice Chair Jack Carter Alexander Fung Teen Commission Shivika Biswari Harly Liu Brianna Su Technology, Information, and Communications Commission Emma Shearin Balaram Donthi Planning Commission Santosh Rao, Chair Tracy Kosolcharoen, Vice Chair David Fung Steven Scharf Absent: Audit Committee Vice Mayor Kitty Moore Note: Councilmember attendance was not required. Bicycle Pedestrian Commission Gerhard Eschelbeck, Vice Chair Page 3 All Commissions Minutes February 13, 2025 Herve Marcy Munisekaran Madhdhipatla Arts & Culture Commission David Wang, Chair Gurmeet Lamba Kiran Varshneya Rohra Housing Commission Connie Cunningham, Chair Ryan Golze (Business Representative), Vice Chair Library Commission Chandrasekaran Sakthivel Parks & Recreation Commission Claudio Bono, Vice Chair Sheela Sreekanth Public Safety Commission Nirmalendu Das Sustainability Commission Conny Yang Teen Commission Peter Chen Rohin Garg Chelsea Lau Anushree Misra Anika Mukerjee Note: Teen Commission attendance was not required. Technology, Information, and Communications Commission Prabir Mohanty, Chair Sudeep Kumar, Vice Chair Mukesh Garg Planning Commission Seema Lindskog Page 4 All Commissions Minutes February 13, 2025 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. The training covered essential topics for Commissioners, Staff Liaisons, and Admins, including roles and responsibilities, the Commissioner’s Handbook, and compliance with the Brown Act for public meetings. It also provided guidance on conflict of interest under the Political Reform Act, updates on legal or policy changes, and important technology reminders to ensure effective and compliant governance. City Manager Pamela Wu explained the City's Council-Manager government, where the Council sets policy and the City Manager oversees operations. She outlined three key staff roles: advising on policy, implementing Council decisions, and managing daily operations. City Manager Wu also discussed City Commissions and Committees, highlighting their advisory role to the Council, weighing public input, and making recommendations. They act as a group, requiring a majority vote, while individual member comments do not represent official direction: • The Commissions have specific duties, including the following. Each Commission's duties are fully defined in Municipal Code Chapter 2. o Audit Committee: reviews City reports, monitors the Fraud, Waste, and Abuse program, and recommends budget formats. o Bicycle Pedestrian Commission: advises on transportation issues, including bicycle and pedestrian traffic, parking, education, and recreation. o Arts and Culture Commission: supports the advancement and preservation of arts and culture in Cupertino. o Housing Commission: recommends housing policies, monitors affordable housing projects, and identifies funding sources for affordable housing. o Library Commission: advises on library services and acts as a liaison with the Santa Clara County Library JPA. Page 5 All Commissions Minutes February 13, 2025 o Parks & Recreation Commission: provides advice on parks, recreation activities, park development, and community programs. o Planning Commission: advises on land use matters, including the General Plan, specific plans, zoning, subdivisions, and design review through a standing subcommittee. o Public Safety Commission: advises on public safety issues related to traffic, police, fire, and other safety concerns. o Sustainability Commission: advises on policies and programs related to Cupertino’s environmental goals in the Climate Action Plan and General Plan’s Environmental Resources/Sustainability Element. o Teen Commission: advises on issues and projects important to the youth community in Cupertino. o Technology, Information, & Communications Commission; advises on telecommunications matters and supports community access television. • Commissioners have several key responsibilities, including reading the Commissioners' Handbook and preparing for meetings by reviewing materials and sending any clarifying questions to staff beforehand. They are expected to attend at least 75% of meetings each year, represent the community, file a statement of economic interest (Form 700) as required, and complete all trainings. • The City Work Program includes items supported by Commissions, with goals reviewed and approved yearly by the City Council. Commissions also work on ongoing projects that align with Council goals. • The Commission Liaison serves as a neutral technical advisor, attends meetings, prepares agendas and reports with the Chair, and communicates commission recommendations and goals to the Council. They also prepare minutes and ensure notices follow State law and City policies. City Manager Pamela Wu introduced the Committee and Commission Liaisons: • Arts & Culture: Gian Martire • Audit Committee: Jonathan Orozco • Bicycle Pedestrian: David Stillman • Housing: Nicky Vu • Library: Molly James Page 6 All Commissions Minutes February 13, 2025 • Parks & Recreation: Jenny Koverman • Planning: Piu Ghosh • Public Safety: Marta Drown • Sustainability: Victoria Morin • Technology, Information & Communications: Teri Gerhardt • Teen: Sonya Lee Committee and Commission Members asked questions and made comments: Audit Committee Member Hanyan Wu asked about the timeline for potential updated scope and functions affecting certain commissions. Response: The City Council recently instructed staff to reinstate and/or modify the scope of several commissions. A timeline for the changes will be developed and shared with the Council. Any changes to the functions of the commissions would likely require a municipal code amendment, which would need to go through at least two Council meetings for discussion, consideration, and public comment. Typically, it would take around two to three months for such changes to take effect. Specific details for the Audit Committee will be shared with the Committee once they are available. Bicycle Pedestrian Commissioner Ilango Ganga asked how commissioners can provide input on the City Work Program before the upcoming Council workshop, considering some commissions haven't met yet? Response: Commissioners can reach out to City Council members individually to voice concerns or support. As a body, commissioners can email or attend a City Council meeting to provide input, as changes typically come from the Council. Commissioners can also meet one-on-one with Council members. Sustainability Commissioner Sonali Padgaonkar commented about the standard publication timeline for agendas and materials, as being insufficient for proper review and questions. Response: Agendas for regular meetings are typically posted 72 hours in advance, while special meetings have a 24-hour posting requirement. City Council meetings have agendas posted six days in advance to allow ample time for review. The City acknowledges that three days may not always be enough time for thorough preparation and will follow up with staff. City Clerk Kirsten Squarcia reviewed the City Clerk's Office duties for City Commissions, Page 7 All Commissions Minutes February 13, 2025 including managing recruitments, administering oaths, conducting orientations, ensuring filing compliance, coordinating trainings, monitoring attendance and eligibility, and overseeing the publication of consistent commission agendas: • City Clerk Squarcia explained that ethics training is required for public officials and City staff every two years, as per State law (AB 1234). The training covers ethical standards, decision-making principles, and aims to reduce mistakes. • The Cupertino Ethics Policy, adopted in November 2023, follows state law and the Cupertino Municipal Code. It sets rules for public officials, ensures timely completion of required documents and training, and requires individuals to understand and follow the Code. • Another required training is Anti-Harassment Training, mandated for public officials by state law (SB 1343). It covers practical examples of harassment, discrimination, and retaliation, along with ways to prevent abusive conduct and sexual and gender-based harassment. The training is due every two years. • The City discussed the attendance requirements for commissioners, which are essential to ensure a quorum is present and that city business can be effectively conducted. • The Form 700, required by the Political Reform Act, ensures transparency by requiring public officials to disclose financial interests that could influence their decisions. It must be filed when assuming office, annually, and when leaving office. Commissioners file with the City Clerk’s Office, except for the Planning Commission, which files through the FPPC’s Portal. City Attorney Chris Jensen reviewed the Brown Act, which requires local agency meetings to be open and public, allowing anyone to attend. Legislative bodies must conduct business in public, follow agendas, and provide opportunities for public input before decisions: • A “meeting” is when a majority of members gather to discuss or decide on matters within their jurisdiction, including regular, special, and emergency meetings. It doesn’t include individual contacts, staff briefings, social events, or non-City meetings. • The Brown Act prohibits "serial meetings," where members communicate in a way that discusses official business outside of public meetings. Social media can’t be used by members to discuss official business. • Agendas must be posted 72 hours before regular meetings and 24 hours before Page 8 All Commissions Minutes February 13, 2025 special ones, and only agendized topics can be discussed, with limited exceptions for brief comments. • Public participation is required, allowing comments on items within the body’s jurisdiction, and the public can review documents shared with a majority of members. • Violations can result in voided actions, injunctions, attorney fees, or criminal prosecution if intentional. City Attorney Jensen reviewed Rosenberg’s Rules of Order, which are followed during meetings to ensure efficiency and help accomplish City business. These rules allow for orderly deliberation, with the commission aiming for a majority decision. The Chair runs the meetings and ensures respect for differing opinions. He outlined the life of a motion and other key points. City Attorney Jensen reviewed Conflicts of Interest: The Political Reform Act is the foundation of conflict of interest law in California, covering campaign contribution restrictions, gift regulations, and common law conflicts. Public officials must avoid conflicts of interest in decision-making, particularly in contracts, campaign contributions, gifts, and personal gain: • Gov. Code § 1090 prohibits officials from making contracts in which they have a financial interest. • The Political Reform Act requires recusal if an official has a material financial interest in a decision. • Recusal Procedures involve disclosing the conflict and not participating in meetings. • Campaign Contributions are restricted during pending matters, with limits on contributions and recusal if not followed. • Gifts have limits on what can be accepted, requiring reporting if they exceed certain values. • Common Law Conflicts prohibit using public office for personal gain and require unbiased decision-making. Committee and Commission Members asked questions and made comments: Library Commissioner Qin Pan asked about the rules regarding posting on social media, as they were encouraged last year to share information about library programs on social Page 9 All Commissions Minutes February 13, 2025 media. Response: It's fine to use social media to share information about library events with the public. However, it’s safest to avoid interacting with fellow commissioners on social media about library- related matters. Commissioners can engage with the public but should refrain from discussing such topics with other commissioners online. Planning Commissioner Steven Scharf asked about whether; after receiving an email from a developer requesting a meeting, commissioners should listen to the developer but refrain from expressing their personal opinions about the proposed changes. Response: Correct, commissioners can meet with developers but should avoid taking a position or making substantive comments on the proposal. Commissioners can ask clarifying questions and gather information but should disclose if anything learned in the meeting influences their decision during the public meeting. Chief Technology Officer Teri Gerhardt provided technology reminders: • Cybersecurity Training: Complete annual cyber training and be aware of phishing attempts. Simulated phishing emails are sent to your account with refresher training provided if necessary. • City Email Use: City email accounts should be used exclusively for official City business. Personal email accounts should not be used for City communications to prevent potential security breaches, ensure better control over records. All emails are subject to public records requests. • International Travel: Notify the City’s IT Department before international travel to avoid email account suspension. Committee and Commission Members asked questions and made comments: Library Commissioner Qin Pan encountered an issue when trying to send an email to a librarian, receiving a bounce-back message stating that recipients outside the organization couldn’t be contacted. Additionally, Commissioner Pan asked about the requirement to inform the City of international travel, even if they do not plan to use City email during their trip. Response: The bounce-back issue might be related to email security settings, and further investigation will be needed to resolve it. As for international travel, even if you don't plan to use City email, it's important to notify the City of your travel plans to prevent any misunderstandings, Page 10 All Commissions Minutes February 13, 2025 as unreported travel could be flagged as a potential cybersecurity concern. Planning Commissioner Santosh Rao asked about which Wi-Fi network to use at City facilities during Commission meetings. Response: The recommended Wi-Fi network for commissioners to use is "Cupertino Guest," as "Cupertino Employee" is meant for City employees. City Clerk Squarcia opened the public comment period for any members of the public wishing to speak on the agenda item. No members of public requested to speak, and the public comment period was closed. ADJOURNMENT At 7:07 PM, City Clerk Squarcia adjourned the Special Meeting. Minutes prepared by: Kirsten Squarcia, City Clerk