11-30-20 Joint All Commissions Searchable PacketCITY OF CUPERTINO
ALL COMMISSIONS
AGENDA
This will be a teleconference meeting without a physical location .
Monday, November 30, 2020
6:00 PM
Non-televised Special Joint All Commissions Meeting
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Governor Newsom’s Executive Order No-29-20, this will be a
teleconference meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 5:00 p.m. on Monday, November 30 to the City Clerk at
cityclerk@cupertino.org. These e-mail comments will be received by the commission
members before the meeting and posted to the City’s website after the meeting.
2) E-mail comments during the times for public comment during the meeting to the City
Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and
display any attachments on the screen, for up to 3 minutes. (subject to the host’s discretion
to shorten time for public comments). Members of the public that wish to share a document
must email cityclerk@cupertino.org prior to speaking.
3) Teleconferencing Instructions
Members of the public may observe the teleconference meeting or provide oral public
comments as follows:
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
public comment period for each agenda item .
To address the Commission, click on the link below to register in advance and access the
meeting:
Online
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All Commissions Agenda November 30, 2020
Please click the link below to join the webinar :
https://cityofcupertino.zoom.us/webinar/register/WN_jhf3Xb4qRUiUeTKyrgQKhQ
Phone
Dial 888 788 0099 and enter Webinar ID: 949 1930 9380 (Type *9 to raise hand to speak).
Unregistered participants will be called on by the last four digits of their phone number .
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
213.19.144.110 (Amsterdam Netherlands)
213.244.140.110 (Germany)
103.122.166.55 (Australia)
69.174.57.160 (Canada)
Meeting ID: 949 1930 9380
SIP: 94919309380@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer .
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the host calls on you for the item on which you wish to speak, click on “raise
hand.” Speakers will be notified shortly before they are called to speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic .
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to
attend this teleconference meeting who is visually or hearing impaired or has any disability
that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48
hours in advance of the meeting to arrange for assistance. In addition, upon request, in
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All Commissions Agenda November 30, 2020
advance, by a person with a disability, meeting agendas and writings distributed for the
meeting that are public records will be made available in the appropriate alternative
format.
NOTICE AND CALL FOR A SPECIAL JOINT MEETING OF THE CUPERTINO AUDIT
COMMITTEE, BICYCLE PEDESTRIAN COMMISSION, FINE ARTS COMMISSION,
HOUSING COMMISSION, LIBRARY COMMISSION, PARKS AND RECREATION
COMMISSION, PLANNING COMMISSION, PUBLIC SAFETY COMMISSION,
SUSTAINABILITY COMMISSION, TEEN COMMISSION, AND TECHNOLOGY,
INFORMATION, AND COMMUNICATIONS COMMISSION
NOTICE IS HEREBY GIVEN that a special joint meeting of the Cupertino Audit
Committee, Bicycle Pedestrian Commission, Fine Arts Commission, Housing Commission,
Library Commission, Parks and Recreation Commission, Planning Commission, Public
Safety Commission, Sustainability Commission, Teen Commission, and Technology,
Information, and Communications Commission is hereby called for Monday, November 30,
2020, commencing at 6:00 p.m. City Councilmembers may also attend. In accordance with
Governor Newsom’s Executive Order No-29-20, this will be a teleconference meeting
without a physical location. Said special meeting shall be for the purpose of conducting
business on the subject matters listed below under the heading, “Special Meeting."
SPECIAL MEETING
ROLL CALL
NEW BUSINESS
1.Subject: Consideration of updates to the Commissioner Handbook
Recommended Action: Consider and provide input on the following updates to the
Commissioner Handbook including simplification and improved readability .
Staff Report
A - Draft Commissioner Handbook
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commissions on any matter
within the jurisdiction of the Commissions and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commissions from making any decisions with
respect to a matter not on the agenda.
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
teleconference meeting who is visually or hearing impaired or has any disability that needs special
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All Commissions Agenda November 30, 2020
assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the
meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability,
meeting agendas and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format.
Any writings or documents provided to a majority of the members after publication of the agenda will
be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at
10300 Torre Avenue during normal business hours.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City .
Members of the public are entitled to address the members concerning any item that is described in the
notice or agenda for this meeting, before or during consideration of that item. If you wish to address the
members on any other item not on the agenda, you may do so during the public comment .
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CITY OF CUPERTINO
Agenda Item
20-8452 Agenda Date:
11/30/2020 Agenda #: 1.
Subject:Consideration of updates to the Commissioner Handbook
Consider and provide input on the following updates to the Commissioner Handbook including
simplification and improved readability.
CITY OF CUPERTINO Printed on 11/25/2020Page 1 of 1
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ALL CITY COMMISSIONS STAFF REPORT
Meeting: November 30, 2020
Subject
Consideration of updates to the Commissioner Handbook
Recommended Action
Consider and provide input on the following updates to the Commissioner Handbook
including simplification and improved readability.
Discussion
Commissions are advisory bodies that play an important role in City governance by
assisting the City Council in addressing specific issues in detail, facilitating community
decision-making, and rendering recommendations to City Council. The Commissioner
Handbook is provided to each commissioner at the time of appointment to use as a guide
to the roles and responsibilities of serving on the City's advisory boards. The Handbook
is designed to serve as a reference for the basic protocols that apply generally to all City
advisory bodies.
On January 21, 2020, the City Council adopted recommendations provided by a Council
Ad Hoc committee to improve commission engagement with Council and to standardize
protocol among commissions and committees. Due to these changes, updates were
required to the Commission Handbook. As part of the Fiscal Year 2020 -2021 City Work
Program, Council directed that the Handbook be updated to include these changes, and
to improve readability and user-friendliness. Overall the Handbook has been shortened
from 32 pages to 10 pages, including the most pertinent information and adding links to
additional resources.
The following resources have been referenced within the handbook:
Rosenberg’s Rules of Order, the official Parliamentary Procedures for City Council
meetings, implemented March 5, 2020
Ethics AB1234 Certification
Ralph M. Brown Act
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California Public Records Act
FPPC Conflict of Interests
City of Cupertino Policies and Resolutions:
Ethics Policy
Technology Use Policy (replaced Electronic Communications, Internet Access
and Use, Password Policies)
Social Media Policy
City Organization Chart
Resolution Governing Recruitment Process
Commission Diversity Resolution
Sustainability Impact
None anticipated.
Fiscal Impact
None anticipated.
_____________________________________
Prepared by: Kirsten Squarcia, City Clerk
Reviewed by: Katy Nomura, Assistant to the City Manager
Approved for Submission by: Dianne Thompson, City Manager
Attachments:
A – Draft Commissioner Handbook
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COMMISSIONER’S
HANDBOOK
2021
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WELCOME AND ORIENTATION
Welcome and thank you for your willingness to serve as a member of a City of
Cupertino Commission. Advisory bodies play an important role in City governance by
assisting the City Council in addressing specific issues in detail and facilitating
community decision-making.
The City of Cupertino has a number of advisory bodies, each with distinct
responsibilities. As a new advisory body member, you should familiarize yourself with
the documents governing your particular body including City ordinances, City Council
resolutions, relevant element(s) of the General Plan, and other documents, all available
from your staff liaison. Reviewing these documents will help you get a sense of your
responsibilities.
This Handbook is designed to serve as a reference for the basic protocols that apply
generally to all City advisory bodies. Orientation is necessarily an active process. As a new
member you may want to meet with the Chair of your advisory body to get a better sense
of your role and the business of the body, as well as with the staff liaison assigned to the
body. Along with familiarizing yourself with your advisory body’s foundational
documents, you may want to review agendas and minutes from recent meetings to see
what current issues have been under consideration, as well as the City Work Program to
familiarize yourself with current goals.
Learning your role and developing an effective voice takes time and familiarity.
We hope this Handbook will assist you towards a satisfying and productive experience.
Your participation is deeply appreciated by the City Council, by city staff, and by your
community. The vitality and strength of our community results from the willingness of
people like you to serve.
Steven Scharf
Mayor
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Table of Contents
WELCOME AND ORIENTATION ii
STRUCTURE OF GOVERNMENT 4
Form of Government 4
City Council 4
City Manager and Staff 4
Commissions 5
COMMISSION MEMBERSHIP 6
Quorum and Attendance 6
Vacancies 6
Resignations and Removals 6
MEETINGS 6
Regular Meetings 6
Adjourned Meetings 6
Special Meetings 7
Subcommittees 7
Agendas 7
Preparation for Meetings 7
Minutes 8
Procedure 8
Decorum at Meetings 8
Basis for your Decision 8
CITY WORK PROGRAM 9
COMMUNICATIONS 9
Staying Informed 9
Use of City Email 10
Resources 10
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THE STRUCTURE OF GOVERNMENT
A. FORM OF GOVERNMENT
The City of Cupertino operates as a general law city with a City Council-City Manager
form of government where the City Council sets policy and the City Manager manages
the implementation and administration of those policies.
B. CITY COUNCIL
The City Council is the governing legislative body of the City, consisting of five members
elected in odd numbered years to staggered four-year terms. These councilmembers then
elect the mayor and vice mayor to one-year terms. It sets goals and priorities and
establishes policies. The Mayor is the presiding officer of the Council, and the official
spokesperson and representative of the City.
C. CITY MANAGER AND STAFF
City Manager
The City Manager has complete responsibility and authority for the administration
of the City’s government. This individual is appointed by and serves at the
pleasure of the Council and is the appointing authority for the City, selecting the
department heads and other employees. The City Manager coordinates and directs
the services of the City staff, and commissioners should not attempt to direct or
prioritize work for departments or individual staff.
City Clerk
The City Clerk plays an important role for advisory bodies. The City Clerk accepts
and maintains applications, processes appointments, updates membership rosters,
bylaws, informational booklets, and yearly attendance records. The City Clerk is
the filing officer for Statements of Economic Interests, and any other required filing
as identified by the City Council and the State.
Staff
When assigned by the City Manager, staff assist and act in a technical advisory
capacity to the commissions. It is not expected that every staff recommendation
will be followed; however, because of the staff’s technical knowledge, full
consideration should be given to their recommendation. Staff are at liberty to make
their recommendation to the City Council through the City Manager, even though
the commission may have taken a different position. However, in these cases, the
commission recommendation will be made clear to the City Council.
Staff Liaison
A staff liaison is assigned to each commission. Their main duties include
facilitating meetings, preparing agendas, advising commissioners, and writing
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meeting minutes. Commissioners should reach out to their liaison if they have any
questions regarding matters of the commission or if they would like to contact
other staff regarding official business.
D. COMMISSIONS
The primary purpose of the City’s commissions is to serve as advisory bodies to Council
by weighing public input and rendering recommendations to the City Council. There are
times when the advisory body’s recommendation will not be sustained or will be modified
by the City Council. It is important to recognize this not as a rejection of the integrity of the
recommendation, but as an inevitable part of the process of community decision-making.
The Council has appointed commissioners as advisors to them. This underlying
philosophy makes it improper for an individual commissioner to try to persuade the
Council into the acceptance of a recommendation other than that voted by the majority of
the commission. The role of a commission is to assist the City Council in the formation of
policy, having been created for the purpose of advising. The scope of work, purpose, and
other primary functions for each commission can be found in the City Municipal Code
Chapter 2.
Chair and Vice Chair
Each year, every commission will elect from its membership a Chairperson
(Chair) and a vice Chairperson (Vice Chair) who serve at the pleasure of the
commission for a one-year term. The Vice Chair acts in this capacity when the
Chair is not available.
The Chair should:
Maintain order of the meeting, ensure respect for all opinions, protect
commissioners, staff, and the public from personal attacks.
Keep discussion focused on the issue at hand.
Solicit opinions from commissioners. Encourage evaluation of new, tentative,
or incomplete ideas. Discourage overly dominant commissioners from
having disproportionate control over the discussion.
Attempt to reach decisions expeditiously on action items. At those times
when action would be premature, guide discussion toward a timeline or
framework for responsible action.
Set meeting rules early and make sure everyone abides by them without
exception.
Set an acceptable time limit for public testimony (generally three minutes per
individual and 10 minutes per group) and stick to it. At the Chair's discretion,
the public can interact with the members of the commission beyond the
public-comment time limit in order to facilitate better communication of the
agendized topic.
Provide periodic written updates, approved by the full body, to Council
regarding the status of their activities at least every six months.
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COMMISSION MEMBERSHIP
A. QUORUM AND ATTENDANCE
A quorum consists of a majority of the members of the commission. A quorum is required
to conduct business at any meeting whether it is a regular, adjourned, or special meeting.
While it is expected that members be present at all meetings, the Chair should be notified
if a member knows in advance that he/she will be absent. A member shall be considered
removed from an advisory body under the following conditions:
A member misses more than three consecutive meetings
A member misses more than 25% of the advisory body’s meetings in
a calendar year (Resolution 10-048)
B. VACANCIES
Vacancies are filled by appointment by the Council. Appointments made in the middle of
a term are for the unexpired portion of that term. Council-appointed Alternates will
automatically fill a vacancy.
C. RESIGNATIONS AND REMOVALS
If a member is unable to continue serving because of health, business requirements or
personal reasons, a letter of resignation should be submitted to the City Council.
The position of any member is automatically vacated when the member ceases to meet the
qualifications for office, when Council accepts the member’s resignation, or when the
Council so declares.
MEETINGS
A. REGULAR MEETINGS
Commissions are required to hold regular meetings open to the public as provided by the
enabling ordinance. The agenda for this meeting must be posted at least 72 hours prior to
the meeting.
B. ADJOURNED MEETINGS
If the business to be considered at a regular meeting cannot be completed, the commission
then may designate a time and date for an adjourned meeting.
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C. SPECIAL MEETINGS
A special meeting may be called by the Chair or a majority of the members with
coordination with the staff liaison.
D. SUBCOMMITTEES
The Chair may appoint special subcommittees of less than a quorum of the commission
who then may meet at their convenience to carry out the purpose of the subcommittee. If
the subcommittee has a continuing subject matter or a regularly scheduled meeting time,
it may qualify as a Brown Act committee and public notice provisions will apply.
E. AGENDAS
Each commission has a staff liaison responsible for preparing agendas in consultation
with the Chair. If a commissioner or staff member intends to bring up an item for
discussion or action, the item must be included on the agenda in accordance with the
Brown Act. For each meeting, a date should be scheduled for the Chair and staff liaison to
set the agenda. Commissioners can propose agenda items within the purview of the
commission to the Chair and staff liaison prior to the agenda setting date.
Future Agenda Setting
The staff liaison will maintain a list of future agenda items that the commission
plans to discuss. The Chair, the staff liaison, or any two commissioners can add an
agenda item within their purview to the future agenda item list and it will be
scheduled at the discretion of the Chair and staff liaison. To provide
commissioners an opportunity to discuss whether to add an item to the future
agenda item list, each regularly-scheduled agenda will include a “Future Agenda
Setting” item. Once an item is added to the future agenda item list, it cannot be
removed until it is discussed for removal at a regularly scheduled meeting during
the item for “Future Agenda Setting,” and no more than one commissioner (other
than the Chair) wishes for the item to remain on the future agenda item list.
Staff Updates and Commissioner Activity Report
Each regularly scheduled agenda will also include a “Staff Updates and
Commissioner Activity Report” item for staff to report on updates and the
members to report any activities they have taken part in related to the commission
since the prior regularly scheduled meeting.
F. PREPARATION FOR MEETINGS
Thoroughly review the agenda packet, including agenda reports, and any other
materials before the meeting. Check if you may have a conflict of interest with any
of the items due to property or monetary interests. If it is unclear, the commissioner
can explain the situation to the staff liaison who can seek legal counsel from the
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City Attorney. For more information on conflicts of interest, please review the Fair
Political Practices Commission (FPPC) Conflicts of Interest Rules.
Understand what action you are being called upon to take for each particular agenda
item.
Contact the Chair or your staff liaison before the meeting to clarify questions about
the agenda or request further information.
Understand the responsibilities of your commission. As a member of an advisory
body you will be asked to provide recommendations to the City Council about
specific issues. Keep in mind that your appointment does not empower you to
supervise or direct City staff.
G. MINUTES
The approved minutes are placed on file by the City Clerk for public access. Commissions
should strive to keep summary minutes as opposed to action minutes. If automatic
transcription is made available to supplement official minutes, action minutes may be
sufficient.
H. PROCEDURE
Commissions follow the guidelines on parliamentary procedure contained in
Rosenberg’s Rules of Order (Rules). These Rules outline how motions are made and the
basic format for an agenda item discussion.
I. DECORUM AT MEETINGS
Discourage outward signs of agreement or disagreement from the audience such
as cheering or clapping. Such demonstrations can intimidate those wishing to
express alternate views and delay the meeting. Also see Conduct of Members in
the Cupertino Ethics Policy.
Limit your own comments to the issues before the commission. Avoid the
appearance of straying from the subject or "grandstanding".
J. BASIS FOR YOUR DECISION
Commission decisions should be based principally on the information presented to you
in the open public meeting process. If you collect pertinent information outside of the
public process through a meeting with stake holders or site visits, you should share
that information with your fellow commissioners in the public meeting. This sharing of
information will ensure that other commissioners and members of the public have a
better understanding of the rationale for your decision.
Commissioners are free to meet or refuse to meet with residents, resident groups,
developers or prospective contractors or any persons outside of the public meeting
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process concerning issues before the commission. If you meet with any individuals
outside of the public meeting you should disclose the content of that meeting in the
public meeting to again ensure that everybody is aware of the facts and have similar
information upon which to base their decision.
All governmental procedures and process must follow due process and allow an
affected party a right to be heard, and to present controverting fact or testimony on the
question of right in the matter involved. Unfair determinations, such as bias,
predetermination, refusal to hear, etc., may invalidate actions.
Keep an open mind. An objective, balanced, and receptive approach will help you
assess the facets of a given issue and evaluate new ideas. When receiving written and
oral public testimony it will be necessary to discern between fact and opinion, as well as
between those concerns which are relevant and those which are secondary to the issue
at hand. Keeping an open mind will make it easier for you to understand all sides of an
issue before you make a judgment or take a position.
CITY WORK PROGRAM
The City Council approves an annual City Work Program to guide the work of the City.
Prior to the first draft of the City Work Program each year, staff will reach out to the
commissions to ask for recommendations of items to add. These recommendations will be
provided to the City Council for consideration, but ultimately the City Council will
determine the final items on the City Work Program. Commissions support City Work
Program items within their scope by reviewing the items and making recommendations to
City Council. Since the City Council sets the City Work Program to guide the priority
efforts in the City, commission agendas should be aligned accordingly. By August 15, each
commission should provide an annual report of all of the topics the commission has
addressed in the prior year.
COMMUNICATIONS
A. STAYING INFORMED
Commissioners should sign up for City email notifications to stay informed of various
community events and public meetings. Council encourages commissioners to attend at
least two community meetings or meetings of other commissions each year.
The City uses social media outlets, surveys, email notifications, the Scene, and the City
website to perform outreach for City business. For appropriate conduct on social media,
see the City’s Social Media Policy. For questions about City outreach, speak with your
staff liaison.
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B. USE OF CITY EMAIL
All newly appointed City commissioners will be assigned a mandatory City email
address after reviewing and signing the Technology Use Policy.
As noted under the Brown Act, care should be taken with regard to emails. Never select
“Reply All” to an email to all commissioners or forward an email sent to you by one
commissioner to another commissioner since that would constitute a quorum. All
questions and concerns should be directed to the Chair and staff liaison.
All City emails are subject to the Public Records Act and you should use your City email
only to conduct City business as a commissioner. Please do not forward or reply to a City
email from your personal email address. Once your term on the commission is over, your
City email will be terminated.
RESOURCES
Commissioners should familiarize themselves with the following resources:
City policies relating to ethics, social media, commission recruitment, diversity, and
technology, as well as the City organizational chart and guidance on imposed restraints,
can be found online in the Commission Resources folder.
League of California Cities
Rosenberg’s Rules of Order, Brown Act, Public Records Act, and other resources
Institute for Local Government
Parliamentary Procedure Simplified
Ethics and Transparency
1311873.1
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