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CC 01-25-2023 Item No. 1 City Procedures Manual Written CommunicationsCC 1-25-23 Item No. 1 Study Session to consider adopting City of Cupertino City Council Procedures Manual Written Communications From:Eric Schaefer To:City Attorney"s Office; City Council; Pamela Wu; City Clerk Subject:City Council Procedures Manual (Jan. 25, 2023 agenda item 1.) Date:Tuesday, January 24, 2023 1:48:01 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Councilmembers and City Staff, I am concerned that some elements of the proposed City Council Procedures Manual could diminish democracy in the governance of Cupertino. My concerns by manual section are described in the following table. Please include this letter as part of the written communication for the extended Study/Special Meeting Item “Consider Adopting Cupertino City Council Procedures Manual,” on January 25, 2023. Thank you for your consideration. Section My Content Suggestion Impact (if my suggestion is not adopted) 1.0 Introduction Add Chao’s suggestion: “Principle. The City Council maintains control as the governing body. This manual ensures free and fair access to the flow of any information relative to the operation of the City and free and fair access to public meetings.” The guiding principle of free and fair access to information and public participation in the City’s governance is absent. Popular, democratic governance is diminished. 2.2 Removal of Mayor and Vice Mayor. Clarify that removal from office means office of Mayor or Vice mayor and not removal from the office of City Council A majority of council members could remove a member from city council, effectively overturning the will of the electorate. 3.1 Appointment of Councilmmemeber Committes and subcommittees Add Moore’s suggestion that appointments should consider experience and benefit to the committee. Committees might be staffed with members whose experience does not benefit the committees. 4.4 Appointment to Other Do not accept Wei's If adopted, a sitting City Commissions and Committees proposed change: “Former Councilmembers are not eligible for appointment to to serve on any commission or committee within four years of having served on the City Council.” Planning Commissioner would be removed. In this case, the appointment process is ignored and the current council majority removes a political adversary. The “courtesy and respect for individual points of view” that is professed in other sections of the manual is ignored and replaced by political expediency. 4.4 Appointment to Other City Commissions and Committees Accept Moore’s suggestion that Commissioners and committee members shall not be employees of the City or companies which the City contracts with, or employees of subcontracted companies. “ Potential conflict of interest. 6.6 Councilmember Access to Information Adopt Moore’s suggestion to remove the prohibition on councilmembers from using PRA requests for information. A City Manager’s personal inclination could prevent the electorate’s representative (even if holding a minority opinion) from accessing information that is required to fulfill their sworn duty. 8.0 Meeting Procedures Adopt Chao’s suggestion, which defines “Study Session” and clarify that no voting action is taken at a study session. If expectations are not set accurately, council could vote on items that the public believes are not subject to a vote. The public’s participation could be diminished. 8.5 Consent Calendar Define what qualifies for Consent Calendar. IMHO only non-controversial items like meeting minutes, accounts payable should be on Consent. Recent examples of what shouldn’t have been on Consent: Items that merit discussion might not be discussed. The public loses an opportunity to comment on the item. Response to Civil Grand Jury report Lawrence-Mitty Park and Trail project design direction Committee assignment Update on 6th Cycle of the Housing Element 8.5.Adding and Removing Items from the Consent Calendar Adopt Moore’s suggestions (8.5.1, 8.5.2) that remove restrictions on pulling items from Consent Items that merit discussion might not be discussed. The public loses an opportunity to comment on the item. -- Eric Schaefer Cupertino Resident From:Peggy Griffin To:Pamela Wu; City Clerk; Christopher Jensen Cc:City Council Subject:2023-01-25 CC Study Session - Agenda Item1-Council Procedure Manual and... Date:Tuesday, January 24, 2023 2:16:32 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Manager Wu, City Attorney Jensen and City Clerk Squarcia, There seems to be missing information in the materials for Agenda Item 1: 1. Exhibits A-E are referenced in the Manual and were included in the Jan. 17th packet as part of the dra Exhibit A: City of Cupertino Ceremonial Correspondence Policy Exhibit B: Elected Officials’ Compensation Program Exhibit C: Council Technology Policy Exhibit D: Resolution No. 07-103 Exhibit E: Cupertino Municipal Code Chapter 2.17 2. The new Ceremonial Correspondence Policy mentioned in the agenda description Also, this agenda item was continued from the Jan. 17, 2023 CC Study Session but the descriptions do not match. Has this Ceremonial Correspondence Policy been added to this agenda item? If so, how can you continue an item but add stuff to it? 1-17-2023 Agenda Item 1 Description 1-25-2023 Agenda Item 1 Description Sincerely, Peggy Griffin From:Rhoda Fry To:City Clerk; City Council; Cupertino City Manager"s Office; City Attorney"s Office Subject:For Item #1 and #2 Study Session January 25 Final Actions are not made at Study Sessions Date:Tuesday, January 24, 2023 4:29:20 PM Attachments:CITY OF CUPERTINO - 2022.pdf CITY OF CUPERTINO - 2021.pdf CITY OF CUPERTINO - 2020.pdf CITY OF CUPERTINO - 2019.pdf CITY OF CUPERTINO - 2018.pdf CITY OF CUPERTINO - 2017.pdf CITY OF CUPERTINO - 2016.pdf CITY OF CUPERTINO - 2015.pdf CITY OF CUPERTINO - 2014.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi City Clerk, Just to clarify, please include this for public comment on Item #1 and #2 Study Session January 25 Final Actions are not made at Study Session Thanks Much, Rhoda Fry From: Rhoda Fry [mailto:fryhouse@earthlink.net] Sent: Sunday, January 22, 2023 5:41 PM To: 'City Clerk' <CityClerk@cupertino.org>; 'citycouncil@cupertino.org' <citycouncil@cupertino.org>; 'manager@cupertino.org' <manager@cupertino.org>; 'cityattorney@cupertino.org' <cityattorney@cupertino.org> Subject: Final Actions are not made at Study Sessions Dear City Manager and City Council, Final Actions are not made at Study Sessions. Items are studied at Study Sessions, discussed at subsequent Regular Sessions, and subsequently decided. This has been the case as far as I can remember in my 40 years as a Cupertino resident. Attached you will find the facts to back up this assertion going back 9 years of Study Sessions (this was the maximum I was able to extract from the database). In 9 years, Final Actions have never taken place on the same day as Study Session Items. To continue transparency and public participation, at the next City Council meeting and moving forward, please 1. Do not take Final Action (vote on resolution) on Study Session items 2. Discuss the outcome of a Study Session and open public comment at a subsequent City Council meeting and then take action Respectfully, Rhoda Fry IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the 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. Search:study session 2014 All Types file # text attachments other info Advanced search >>> Search Legislation Help File #Type Status File Created Final Action Title 14-0433 Study Session Conducted 9/15/2014 12/16/2014 Subject: Study session for Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan on recommended alternatives to proceed with an EIR 14-0332 Study Session Conducted 7/14/2014 10/7/2014 Subject: Study Session on the Final Environmental Impact Report (EIR) for the proposed General Plan Amendment, Housing Element Update, and associated Rezoning 14-0330 Public Hearings Item Heard 7/14/2014 9/10/2014 Subject: Environmental Impact Report for General Plan Amendments, Housing Element Update and Associated Rezoning 14-0260 Study Session Conducted 6/12/2014 7/15/2014 Subject: Study Session to provide an update on the Climate Action Plan (CAP) process and review greenhouse gas reduction measures to be considered for analysis in the City’s Initial Study/Negative Declaration. Proposed measures focus on options to reduce community-wide emissions in the energy, transportation, water, and solid waste sectors 14-0259 Public Hearings Item Heard 6/12/2014 7/9/2014 Subject: Climate Action Plan Description: Climate Action Plan Study Session to provide direction on a preferred project 14-0258 Study Session Conducted 6/12/2014 7/7/2014 Subject: Study Session to discuss proposed changes to Municipal Code Chapter 14.18, Protected Trees Description: Application No(s): MCA-213-01 (EA-2013-02) Applicant(s): City of Cupertino Location: Citywide 14-0133 Study Session Conducted 5/19/2014 7/7/2014 Subject: Civic Center Master Plan Study Session Sign In Home Legislation Calendar City Council Commissions/Committees View City Channel Videos City Records YouTube Videos 7 records Show Group Export 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. Search:study session 2015 All Types file # text attachments other info Advanced search >>> Search Legislation Help File #Type Status File Created Final Action Title 15-1050 Study Session Conducted 8/20/2015 11/17/2015 Subject: Study Session on the Civic Center Master Plan - Financing Alternatives and Affordability Analysis 15-1096 Study Session Conducted 9/16/2015 10/20/2015 Subject: Study Session on potential Ballot Measures regarding Civic Center Master Plan and Vallco Shopping District Special Area 15-0920 Study Session Conducted 6/2/2015 6/30/2015 Subject: Study Session on policy for processing General Plan Amendment applications 15-0833 Study Session Conducted 4/21/2015 6/2/2015 Subject: Study Session on Santa Clara County Potential Transportation Tax Measure for 2016 - Envision Silicon Valley 14-0590 Study Session Conducted 12/12/2014 5/12/2015 Subject: Study session regarding the Proposed Fiscal Year 2015-2016 Budget 15-0808 Consent Calendar Approved 3/31/2015 4/21/2015 Subject: Provide formal direction regarding the Stevens Creek Boulevard to McClellan Ranch Road Corridor Master Plan in regards to scoping an Environmental Impact Report in conjunction with new facts associated with camp transportation using the Blackberry Farm swim and picnic facility 14-0596 Study Session Conducted 12/16/2014 3/3/2015 Subject: Work Program study session 14-0598 Study Session Conducted 12/16/2014 2/3/2015 Subject: Study session for the Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan (SCC Master Plan) and recommend alternatives to proceed with an Environmental Impact Analysis. (Re-noticed from January 21, 2015) 14-0607 Postponements and Orders of the Day Authorized 1/7/2015 1/20/2015 Subject: Cancel the Adjourned Special Meeting scheduled for January 21 regarding Council deliberation and to provide staff direction on the Study Session for Stevens Creek Boulevard to McClellan Road Creek Corridor Master Plan and recommended alternatives to proceed with an EIR and direct staff to re-notice the meeting for February 3 at 6:45 p.m. Sign In Home Legislation Calendar City Council Commissions/Committees View City Channel Videos City Records YouTube Videos 9 records Show Group Export 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. Search:study session 2016 All Types file # text attachments other info Advanced search >>> Search Legislation Help File #Type Status File Created Final Action Title 16-2198 Study Session Conducted 11/28/2016 12/6/2016 Subject: Aircraft Noise Study Session 16-2103 Study Session Conducted 10/17/2016 12/6/2016 Subject: Study Session on Wireless Facilities within the Public Right of Way 15-1163 Study Session Conducted 10/12/2015 10/18/2016 Subject: Study Session regarding Sustainable Strategies for Recycling and Waste Management 15-1171 Study Session Conducted 10/15/2015 5/17/2016 Subject: Study session regarding the Proposed Fiscal Year 2016-2017 Budget 14-0597 Study Session Conducted 12/16/2014 3/15/2016 Subject: Work Program study session 16-1458 Study Session Conducted 2/1/2016 3/1/2016 Subject: Study session on options for increasing business license taxes 15-1270 Study Session Conducted 12/7/2015 1/19/2016 Subject: Study Session to consider entering into a Memorandum of Understanding with the Rotary Club of Cupertino to renovate the Stocklmeir home and surrounding property to utilize as a non- profit center for Cupertino 15-1282 Study Session Conducted 12/15/2015 1/19/2016 Subject: Study session regarding Economic Development Strategic Plan (EDSP) draft background report Sign In Home Legislation Calendar City Council Commissions/Committees View City Channel Videos City Records YouTube Videos 8 records Show Group Export 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. Search:study session 2017 All Types file # text attachments other info Advanced search >>> Search Legislation Help File #Type Status File Created Final Action Title 17-3263 Study Session Conducted 11/13/2017 11/27/2017 Subject: State of California’s 2017 Legislative Housing bills 17-2662 Study Session Continued 5/23/2017 6/6/2017 Subject: Study Session Regarding the Amended Proposed Fiscal Year 2017-2018 Capital Improvement Program (CIP) Budget 17-2371 Study Session Conducted 2/14/2017 5/16/2017 Subject: Study session regarding the Proposed Fiscal Year 2017-2018 Budget Sign In Home Legislation Calendar City Council Commissions/Committees View City Channel Videos City Records YouTube Videos 3 records Show Group Export 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. Search:study session 2018 All Types file # text attachments other info Advanced search >>> Search Legislation Help File #Type Status File Created Final Action Title 18-4663 Ordinances and Action Items Approved 11/29/2018 12/18/2018 Subject: Schedule a study session to review, clarify, and discuss the Code of Ethics and Conduct for Elected and Appointed Officials adopted by Council on November 20, 2018 18-4133 Study Session Conducted 6/29/2018 11/5/2018 Subject: Study Session regarding the Citywide Building Condition and Use Assessment 18-3976 Study Session Agenda Ready 5/8/2018 10/16/2018 Subject: Study Session on homelessness 18-4081 Study Session Conducted 6/12/2018 8/21/2018 Subject: Study session regarding the annexation process and options for Lehigh Permanente Quarry. 18-4240 Study Session Conducted 7/30/2018 8/21/2018 Subject: Study Session on the potential formation of a Santa Clara County Regional Housing Needs Allocation (RHNA) subregion 18-4253 Old Business Agenda Ready 8/2/2018 Subject: Consolidation of Commissions 18-4236 New Business Agenda Ready 7/30/2018 8/9/2018 Subject: Study Session on the potential formation of a Santa Clara County Regional Housing Needs Allocation (RHNA) sub-region 18-4084 Study Session Conducted 6/12/2018 7/31/2018 Subject: Study session to explore consolidation of Senior Citizen, Library, and Safety issues into Parks & Recreation Commission 18-4174 Study Session Agenda Ready 7/12/2018 Subject: Study session to explore consolidation of Senior Citizen, Library, and Safety issues into Parks & Recreation Commission. 18-4189 Study Session Agenda Ready 7/19/2018 7/24/2018 Subject: Study session to explore consolidation of Senior Citizen, Library, and Safety issues into Parks & Recreation Commission. 18-4116 Study Session Conducted 6/21/2018 7/3/2018 Subject: Study session on proposed restructuring of Cupertino's business license tax 18-4080 Study Session Conducted 6/12/2018 7/3/2018 Subject: Study Session promoting school safety and preventing gun violence 18-4036 Consent Calendar Approved 5/29/2018 7/3/2018 Subject: Approve the June 11 (Study Session) City Council minutes 18-4035 Consent Calendar Approved as Amended 5/29/2018 6/19/2018 Subject: Approve the June 4 (Study Session) City Council minutes 18-3972 Study Session Conducted 5/8/2018 6/5/2018 Subject: Study session on potential revenue measures related to business license tax and storm drain fee. 18-4004 Study Session Conducted 5/17/2018 6/4/2018 Subject: Study Session regarding Vallco Specific Plan 17-3364 Study Session Conducted 11/30/2017 5/15/2018 Subject: Budget Study Session regarding the Proposed Fiscal Year 2018-19 Budget, including CIP 18-3895 Study Session Conducted 4/18/2018 5/1/2018 Subject: City of Cupertino Below Market Rate (BMR) Housing Program Study Session 17-3365 Study Session Conducted 11/30/2017 2/20/2018 Subject: Study Session on the fiscal year 2018-2019 City Work Program 17-3428 Study Session Conducted 12/12/2017 2/6/2018 Subject: Study Session regarding short-term rental compliance Sign In Home Legislation Calendar City Council Commissions/Committees View City Channel Videos City Records YouTube Videos 20 records Show Group Export 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. Search:study session 2019 All Types file # text attachments other info Advanced search >>> Search Legislation Help File #Type Status File Created Final Action Title 19-6707 Study Session Agenda Ready 12/4/2019 12/10/2019 Subject: Study Session on the General Plan Annual Review/Implementation Plan and consider General Plan Policies and Strategies that could benefit from clarification. Postponed from the November 12, 2019 meeting. 19-6504 Study Session Agenda Ready 11/7/2019 12/2/2019 Subject: Study Session regarding the proposed policy document for the City of Cupertino Code of Ethics/Ethics Protocol 19-6592 New Business Agenda Ready 11/19/2019 11/25/2019 Subject: Study Session regarding the proposed policy document for the City of Cupertino Ethics Protocol for Elected and Appointed Officials 19-6553 Old Business Agenda Ready 11/18/2019 Subject: Discuss November 19th City Council Study Session on building electrification policy and reach codes adoption process 19-6525 Postponements and Orders of the Day Agenda Ready 11/13/2019 11/19/2019 Subject: Continue Item No. 15 Adoption of the 2019 California Energy and Green Building Standards Codes with local amendments to a future meeting date and item will be renoticed. These topics will be discussed in the study session. 19-6524 Public Hearings Postponed 11/13/2019 11/19/2019 Subject: Adoption of the 2019 California Energy and Green Building Standards Codes with local amendments has been continued to a future meeting date and item will be renoticed. These topics will be discussed in the study session. 19-6276 Study Session Conducted 10/3/2019 11/19/2019 Subject: Study session regarding policy options to reduce the use of natural gas and increase electrification of Cupertino’s building stock via local amendments to the 2019 California Energy & Green Building Standards Codes (Reach Codes). 19-6507 Study Session Agenda Ready 11/7/2019 11/12/2019 Subject: Study Session on the General Plan Annual Review/Implementation Plan and consider General Plan Policies and Strategies that could benefit from clarification. 19-6404 Study Session Agenda Ready 10/29/2019 11/12/2019 Subject: Study Session regarding amendments being proposed to City standards for parkland dedication and fees (Chapter 13.08 - Park Land Dedication Fee, Chapter 14.05 - Park Maintenance Fee, and Chapter 18.24 - Dedications and Reservations) and the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Draft EIR 19-6502 Postponements and Orders of the Day Agenda Ready 11/7/2019 11/14/2019 Subject: Study Session regarding the proposed policy document for the City of Cupertino Ethics Protocol for Elected and Appointed Officials 19-6342 Study Session Agenda Ready 10/15/2019 Subject: Study Session related to Bird-Safe Development policies and guidelines. Application No(s): MCA-2019-004; Applicant(s): City of Cupertino; Location: citywide 19-6341 Study Session Agenda Ready 10/15/2019 Subject: Study Session related to Dark Sky policies and/or standards. Application No(s): MCA-2019-003; Applicant(s): City of Cupertino; Location: citywide 19-6300 Study Session Agenda Ready 10/8/2019 Subject: Study Session on the General Plan Annual Review/Implementation Plan 19-6259 Study Session Postponed 9/30/2019 10/17/2019 Subject: Study Session and presentation of proposed Municipal Code Amendments to Chapter 19 to incorporate "Bird Safe" policies or guidelines. Application No(s): MCA- 2019-00X; Applicant(s): City of Cupertino; Location: citywide 19-6258 Study Session Postponed 9/30/2019 10/17/2019 Subject: Study session related to Dark Sky policies and/or standards. Application No(s): MCA-2019-003; Applicant(s): City of Cupertino; Location: citywide 19-6207 Study Session Continued 9/19/2019 10/1/2019 Subject: Study Session regarding status of the Objective Standards Update to General Plan and Zoning Ordinance FY-2019-2020 Work Program Item (Application No.: CP- Sign In Home Legislation Calendar City Council Commissions/Committees View City Channel Videos City Records YouTube Videos 40 records Show Group Export File #Type Status File Created Final Action Title 2019-03; Applicant: City of Cupertino; Location: City-wide), provide direction to staff (continued from 9/18/19). 19-5995 Ordinances and Action Items Agenda Ready 8/8/2019 9/18/2019 Subject: Study Session regarding status of the Objective Standards Update to General Plan and Zoning Ordinance FY-2019-2020 Work Program Item (Application No.: CP- 2019-03; Applicant: City of Cupertino; Location: City-wide), provide direction to staff. 19-6143 Study Session Agenda Ready 9/5/2019 9/10/2019 Subject: Study Session on the General Plan Annual Review/Implementation Plan 19-5231 Study Session Conducted 3/25/2019 9/3/2019 Subject: Study Session regarding Below Market Rate (BMR) Residential Housing Mitigation and Commercial Linkage Fees for the Cupertino BMR Housing Program. Application No(s).: CP-2019-01; Applicant(s): City of Cupertino; Location: Citywide 19-5822 Study Session Conducted 7/18/2019 8/20/2019 Subject: Study session to discuss how the 2016 Bicycle Transportation Plan and 2018 Pedestrian Transportation Plan Projects have been brought to Council for consideration, how currently funded projects are being scheduled for completion, and recommendation of project information and impacts staff is to consider and describe for future funding requests 19-5820 Study Session Conducted 7/17/2019 8/6/2019 Subject: Study Session regarding Application and Review Procedures for Projects Proposed Pursuant to Senate Bill 35. (Application No(s): CP-2019-04; Applicant(s): City of Cupertino; Location: Citywide) 19-5701 Study Session Conducted 6/24/2019 8/6/2019 Subject: Study session regarding policy options to prevent youth access to tobacco products, including flavored tobacco products, and to reduce the density of tobacco retailers. 19-5838 Old Business Agenda Ready 7/23/2019 7/30/2019 Subject: Study Session regarding Application and Review Procedures for Projects Proposed Pursuant to Senate Bill 35. (Application No(s): CP-2019-04; Applicant(s): City of Cupertino; Location: citywide) Continued from the July 23rd cancelled Planning Commission meeting. 19-5692 Old Business Continued 6/20/2019 7/23/2019 Subject: Study Session regarding Application and Review Procedures for Projects Proposed Pursuant to Senate Bill 35. (Application No(s): CP-2019-04; Applicant(s): City of Cupertino; Location: citywide) 18-4769 Study Session Conducted 12/20/2018 7/16/2019 Subject: Study session regarding improving communications with and effectiveness of advisory commissions and committees 19-5705 Study Session Conducted 6/24/2019 7/16/2019 Subject: Study session and demonstration regarding options for unofficial transcription of City Council and commission/committee minutes 19-5639 Ceremonial Matters & Presentations Agenda Ready 6/10/2019 7/16/2019 Subject: Study Session on Small Cell Facilities within the Public Right of Way 19-5731 Public Hearings Agenda Ready 7/1/2019 7/9/2019 Subject: Study Session regarding status of Objective Standards Update to General Plan and Zoning Ordinance. FY-2019-2020 Work Program Item (Application No.: CP-2019-03; Applicant: City of Cupertino; Location: City-wide) Continuation of discussion from the June 25, 2019 study session 19-5631 Study Session Agenda Ready 6/5/2019 Subject: Study Session regarding status of Objective Standards Update to General Plan and Zoning Ordinance. FY-2019-2020 Work Program Item (Application No.: CP-2019-03; Applicant: City of Cupertino; Location: City-wide) 19-5580 Study Session Conducted 5/23/2019 6/18/2019 Subject: Study Session regarding Vallco Shopping District Special Area Initial General Plan Amendments. Application No(s).:CP-2019-02; Apploicant(s): City of Cupertino; Location: Vallco Shopping District Area 19-5402 Old Business Agenda Ready 4/30/2019 5/14/2019 Subject: Study session to create a list of objective standards topics as suggested by the Planning Commission and the public. 19-5464 Study Session Conducted 5/6/2019 5/13/2019 Subject: Study Session on the FY 2019 - 2024 Proposed Capital Improvement Program with Funding Options 18-4307 Study Session Conducted 8/28/2018 5/13/2019 Subject: Study Session regarding the Proposed Fiscal Year 2019 - 2020 Budget 19-5154 Study Session Conducted 3/12/2019 5/7/2019 Subject: Study Session for an application by AT&T to locate a personal wireless service facility consisting of 16 panel antennas mounted on an 80 foot tall treepole, a base equipment station, and an emergency power generator at the Cupertino Sports Center located at 21111 Stevens Creek Boulevard. 19-5047 Study Session Continued 2/21/2019 4/30/2019 Subject: Study Session on the FY 2019 - 2029 Proposed Capital Improvement Program with Funding Options 19-5005 Study Session Conducted 2/12/2019 4/16/2019 Subject: Study Session regarding Economic Development Strategic Plan (EDSP) Review and Implementation Action Items related to possible amendments to the Municipal Code related to Mobile Vendors, allowing Incubator/Co-working uses in General Commercial zoning districts, and an Innovation District Vision Plan in the Bubb Road Special Area 19-4911 Study Session Conducted 1/23/2019 4/2/2019 Subject: Study Session regarding short-term rental (e.g. Airbnb) regulations 19-5261 Study Session Agenda Ready 3/27/2019 4/2/2019 Subject: Presentation and study session on City’s updated financial forecast and capital financing options. 19-5227 New Business Agenda Ready 3/22/2019 Subject: Presentation and study session on City’s updated financial forecast and capital financing options. 19-5004 Study Session Conducted 2/12/2019 2/19/2019 Subject: Study Session on new budget process 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. Search:study session 2020 All Types file # text attachments other info Advanced search >>> Search Legislation Help File #Type Status File Created Final Action Title 20-8307 Study Session Agenda Ready 10/14/2020 12/1/2020 Subject: Study Session on Climate Action Plan 2.0 initial draft goals and vision statement 20-8179 Study Session Agenda Ready 9/9/2020 10/6/2020 Subject: Study session to receive input on services to be provided in a new 10-year franchise agreement 20-8046 Study Session Agenda Ready 8/3/2020 9/22/2020 Subject: Study Session and presentation on the transition from Level of Service (LOS) to Vehicle Miles Traveled (VMT) for determination of transportation impacts under CEQA, a change required by Senate Bill (SB) 743. 20-7438 Study Session Conducted 8/10/2020 9/15/2020 Subject: Study Session on Proposed Revisions to the Permitting Guidelines for Small Cell Facilities within the Public Right-of-Way 20-7898 Study Session Conducted 7/20/2020 9/15/2020 Subject: Study session regarding policy options to reduce secondhand smoke exposure in Cupertino 20-7102 Study Session Conducted 2/23/2020 7/7/2020 Subject: Study Session regarding General Plan Amendment Authorization Procedure adopted by the City Council in September 2015 by Resolution No. 15-078 (see Attachment A) (“GPA Authorization Procedure”). 20-7716 Study Session Agenda Ready 6/15/2020 6/23/2020 Subject: Study Session to provide an update on the Accessory Dwelling Unit implementation 19-6648 Study Session Agenda Ready 11/25/2019 6/2/2020 Subject: Study Session on the Capital Improvement Program (CIP): Review of Funded FY19-20 Projects Recommended to Defer One-Year and Projects Proposed for FY20-21 20-7311 Study Session Conducted 4/13/2020 5/19/2020 Subject: Study Session regarding the Proposed Fiscal Year 2010 - 2021 Budget 19-5039 Study Session Agenda Ready 2/20/2019 5/19/2020 Subject: Study Session regarding Plan Bay Area 2050 and Regional Housing Needs Allocations (RHNA) (including impact of Jobs-Housing Balance and Jobs-Housing Fit to RHNA) 20-7092 Study Session Agenda Ready 2/20/2020 5/5/2020 Subject: Study Session on Small Cell Facilities within the Public Right of Way 20-7093 Study Session Conducted 2/20/2020 4/7/2020 Subject: Joint study session with the City Council and Planning Commission on state housing law: Housing Accountability Act, SB 330, and Density Bonus Law. 20-7127 Study Session Agenda Ready 2/26/2020 3/10/2020 Subject: Study Session regarding common terms and documents related to the CEQA process 19-6304 Old Business Agenda Ready 10/8/2019 1/28/2020 Subject: Study Session on the General Plan Annual Review/Implementation Plan and to consider General Plan Policies and Strategies that could benefit from clarification. 19-6303 Old Business Agenda Ready 10/8/2019 1/14/2020 Subject: Study Session on the General Plan Annual Review/Implementation Plan and consider General Plan policies and strategies that could benefit from clarification Sign In Home Legislation Calendar City Council Commissions/Committees View City Channel Videos City Records YouTube Videos 15 records Show Group Export Main Grid 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. Search:study session 2021 All Types file # text attachments other info Advanced search >>> Search Legislation Help File #Type Status File Created Final Action Title 21-10210 New Business Agenda Ready 12/3/2021 Subject: Receive Budget Format Review and Opengov Study Session 21-10084 New Business Agenda Ready 10/29/2021 Subject: Budget Form Review and OpenGov Study Session 21-9873 New Business Agenda Ready 9/15/2021 Subject: Budget Format Review Summary and OpenGov Study Session 21-9544 Study Session Agenda Ready 6/25/2021 9/21/2021 Subject: Study Session to provide an update on the Pre-Approved Accessory Dwelling Unit Program and Accessory Dwelling Unit implementation 21-9761 Study Session Agenda Ready 8/19/2021 Subject: Study Session to provide an update on the Pre-Approved Accessory Dwelling Unit Program and Accessory Dwelling Unit implementation. 21-9382 Study Session Agenda Ready 5/19/2021 6/4/2021 Subject: Study Session II on Fiscal Year (FY) 21-22 Proposed Budget 21-9142 Study Session Agenda Ready 4/19/2021 5/18/2021 Subject: Initial Study Session on Fiscal Year (FY) 21-22 Proposed Budget. 21-9233 Study Session Agenda Ready 5/5/2021 5/11/2021 Subject: Special joint study session meeting with City Council, Planning Commission, and Housing Commission on the Housing Element update. 21-9033 Study Session Agenda Ready 3/16/2021 5/4/2021 Subject: Study Session on the Capital Improvement Programs (CIP): Review of Projects Proposed for Fiscal Year (FY) 21/22. 21-9144 Study Session Agenda Ready 4/19/2021 4/27/2021 Subject: Special joint study session meeting with City Council, Planning Commission, and Housing Commission on the Housing Element update. 21-8728 Study Session Agenda Ready 1/21/2021 4/20/2021 Subject: Study Session on the City of Cupertino's Permitting Guidelines for Small Cell Facilities within the Public Right-of-Way. 21-8747 Study Session Agenda Ready 1/27/2021 2/16/2021 Subject: Study Session to compare standards for mixed-use developments and high density residential guidelines with other cities. 20-6960 Study Session Agenda Ready 1/29/2020 1/26/2021 Subject: Study Session to compare standards for mixed-use developments and high density residential guidelines with other cities 20-8322 Study Session Agenda Ready 10/21/2020 1/19/2021 Subject: Study Session on Lehigh Southwest Cement Company/Permanente Quarry and Stevens Creek Quarry regarding Reclamation Plan Amendment and Use Permit Applications to County of Santa Clara. Sign In Home Legislation Calendar City Council Commissions/Committees View City Channel Videos City Records YouTube Videos 14 records Show Group Export 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. Search:study session 2022 All Types file # text attachments other info Advanced search >>> Search Legislation Help File #Type Status File Created Final Action Title 22-11369 Study Session Agenda Ready 8/16/2022 9/20/2022 Subject: Study Session to consider potential Municipal Code Amendments to allow properties in Single Family Residential Districts to subdivide properties into two and/or develop properties with up to two units ministerially pursuant to CA Senate Bill 9 22-10837 Study Session Conducted 4/27/2022 6/21/2022 Subject: Public Review Draft Climate Action Plan 2.0 Study Session 22-10947 Study Session Agenda Ready 5/12/2022 6/7/2022 Subject: Study Session and Consideration of Design Professional Services Agreement between the City of Cupertino and Dialog Design LLP for the City Hall Annex at 10455 Torre Ave 22-10973 Study Session Agenda Ready 5/18/2022 Subject: The fourth study session on the Housing Element Update focusing on the establishment of a housing sites selection inventory and strategies to promote the development of new housing. 22-10963 Study Session Conducted 5/18/2022 5/19/2022 Subject: Initial Study Session on Fiscal Year (FY) 2022-23 Proposed Budget (Continued from May 17, 2022) 22-10945 Study Session Agenda Ready 5/11/2022 5/17/2022 Subject: Consider a Study Session on the Capital Improvements Program (CIP,) including review of the five-year CIP (Fiscal Year (FY) 22-27) and new proposed projects for FY 22-23; Consider the supplemental information for Capital Improvements Program (CIP) Study Session (Continued from May 3, 2022) 22-10458 Study Session Continued 2/7/2022 5/17/2022 Subject: Initial Study Session on Fiscal Year (FY) 2022-23 Proposed Budget 22-10583 Study Session Agenda Ready 3/8/2022 5/3/2022 Subject: Consider a Study Session on the Capital Improvements Program (CIP,) including review of the five-year CIP (Fiscal Year (FY) 22-27) and new proposed projects for FY 22-23 22-10725 New Business Agenda Ready 4/7/2022 Subject: Third study session on the Housing Element update focusing on the establishment of a housing sites selection inventory and strategies to promote the development of new housing. 21-10165 Study Session Conducted 11/17/2021 3/1/2022 Subject: Consider a Study Session on the proposed ordinance language and phasing for a Single- Use Plastics Ordinance 22-10474 Study Session Agenda Ready 2/8/2022 Subject: Housing Element Update study session focusing on the establishment of a housing sites inventory (Continued from January 25th Planning Commission meeting) 22-10325 Study Session Agenda Ready 1/5/2022 2/1/2022 Subject: Study session to discuss the awarded PDA Planning Grant funds from the Association of Bay Area Governments/Metropolitan Transportation Commission (ABAG/MTC) for the Heart of the City Specific Plan Update in conjunction with the Housing Element Update 21-10292 Study Session Agenda Ready 12/15/2021 Subject: Housing Element Update study session focusing on the establishment of a housing sites inventory Sign In Home Legislation Calendar City Council Commissions/Committees View City Channel Videos City Records YouTube Videos 13 records Show Group Export From:Lisa Warren To:City Clerk Cc:City Council Subject:Comment for January 25 2025 Special Meeting of City Council -- Need Definition/Glossary included in City Council Procedure Manual Date:Tuesday, January 24, 2023 9:46:35 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. City Clerk's office, Please include this communication in items submitted for January 25, 2023 Special City Council Meeting related to Item 1 of the continued Study Session from January 17, 2023 Previously sent this email to City Manager and City Attorney. I have now included City Council here. Thank you. Lisa Warren ----- Forwarded Message ----- From: Lisa Warren <la-warren@att.net> To: Pamela Wu <pamelaw@cupertino.org>; Christopher Jensen <chrisj@cupertino.org> Sent: Tuesday, January 24, 2023 at 06:42:30 PM PST Subject: Need Definition/Glossary included in City Council Procedure Manual City Manager Wu and City Attorney Jensen, It has become clear to me that a document being designed to be a Manual for City Council Procedures, should include a Glossary of Terms to define things clearly. In the effort to be as transparent as possible, there should be a consistency of currently understood descriptions/definitions and those moving forward. In other words, do not change the definition of a term that the city and it's residents are already familiar with, and understand. However, DO define repeatedly used terms, along with any new terms that warrant definition. For starters only, a newly adopted Manual should define 'Types (categories)' that agenda Items are listed under. The meeting type (ex. Regular vs. Special) can be defined also (and is already defined somewhere in city docs), but it is the 'Type' of item that is really important in this moment. Examples of 'Type' of item currently labeled in published, official, Agendas: Ceremonial Matters & Presentations Reports by Council and Staff Consent Public Hearings Study Session Ordinance and Action Items Second Reading of Ordinances Closed Session Open Session 'Other' - include any 'type' used, but not listed above Please consider the following info as example only. Also realize that this would be much easier to explain in a spoken conversation than an email message. I am trying to illstrate why defining terms in a glossary is well worth considering. There was a recent response by Staff to a resident's email that was confusing and contextually incorrect, as terms were not used accurately. Special Session and Study Session are not interchangeable. Special Session is not currently a term that is publicly used. The two terms Special Meeting and Study Session refer to different things and accurate definitions should be included in any City Council Procedural Manual along with other 'terms' used in the current draft manual. It is likely that email messages/replies, public comments, staff reports, etc. periodically have glitches using close, but not correct, terminology. It can happen from any angle. It becomes a problem when it is not corrected, especially when errors are public record. [ Special Meeting and Regular Meeting are Meeting types while Study Session is a Item type) within a meeting ] This is my summary of what a correction would have been in the instance I am referring to. I am open to correcting it if appropriate. Both Aug 29 and Aug 30 "Special Meetings" were scheduled during Aug 16 mtg. when it was decided to 'continue' Aug 16 Regular Meeting Item #24 so there would be proper time to discuss HE sites, and address a time crunch to do so. Item #24 of Aug 16 Regular Meeting was under the 'Type' Ordinances and Action Items, so the continued item was correctly noticed and listed on the Aug 29 and 30 Special Meetings agendas under the same 'type'. The Items were under the heading type "Ordinances and Action Items" NOT 'Study Session' The minutes for August 16, 2022 CC Regular meeting include this : "Council unanimously consented to continue this item (#24) to a Special City Council Meeting on August 29, 2022 and August 30, 2022, as necessary." I truly hope that council/staff can agree that as a manual is being created, it must include complete and correct definitions for the 'Types' of agenda 'Items' as well as other terminology that is key to the document. Thank you. Lisa Warren PS: A Study Session on Cupertino meeting agendas has been, and understood to be, for presentations, discussions, clarifying questions, suggestions, and more casual 'collaboration'. NOT for ultimate decision making/voting. From:Peggy Griffin To:City Council Cc:City Clerk Subject:2023-01-25 City Council Agenda Item1 - Council Procedures Manual Date:Wednesday, January 25, 2023 11:35:44 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Wei, Vice Mayor Mohan and Councilmembers, I’ve sent many emails regarding my concerns on specific sections of this City Council Procedures Manual. I do believe establishing rules in writing is a good thing if they do not hinder a person’s rights or the ability of both the government and the people to have a transparent exchange of information. In response to this DRAFT2 of the manual, PLEASE make these key changes (NOTE sections refer to the DRAFT2, not the clean version): 1. DO NOT adopt this procedure manual at today’s Study Session! Direct staff to make whatever changes and have it presented to the public at a regularly scheduled City Council meeting. This was the Jan. 17, 2023 motion you all voted on. Passing it today, at a Study Session, will add to the mistrust that I building. 2. SECTION 4.4 Appointment – Last sentence – Leave the wording as “Former Councilmembers are not eligible for appointment…”. a. The proposed change to “serving on” is a direct attempt to remove Commissioner Scharf from the Planning Commission in order to pack the commission. The combination of this action with the purging of the Environmental Review Committee and the Design Review Committee into the Planning Commission is a move to prepare the Planning Commission to make the desired decisions on some upcoming projects. The optics do not look well! b. Also, new Councils have always allowed commissioners to serve out their terms! Don’t change that! 3. SECTION 6.6 – Councilmember Access to Information – Do a compromise-REWORD IT! DELETE the last sentence restricting a councilmembers ability to do a Public Records Act request. If a councilmember feels they need to do this, something is wrong with the system. SUGGESTED REWORDING OF LAST SENTENCE: a. “If a councilmember feels they are not being given the requested information in a timely manner, before resorting to a Public Records Act request, they should meet with the Mayor, City Manager and City Attorney to discuss the situation.” b. This allows the staff to address the problem first BUT also does not restrict the councilmembers ability under the California Constitution. c. This is a compromise! 4. SECTION 7.1 Future Agenda Items – DELETE the last sentence allowing a majority of Councilmembers to remove future agenda items. a. Compromise! Reword it to allow whoever put the item on the agenda to remove it if it’s no longer needed. 5. SECTION 8.4 Order of Business – a. DEFINE what goes in the different sections by adding a Glossary. Particularly, define what’s in the following sections: i. CONSENT CALENDAR ii. PUBLIC HEARINGS iii. ACTION CALENDAR b. DEFINE what can and can’t be done in a STUDY SESSION. c. ORAL COMMUNICATIONS – change the sentence below the list of items to say “Additional speakers… WILL (not may) be given time…at the end of the agenda.” i. You want people to participate. If they take the time to attend to speak, let them speak! 6. SECTION 8.5 Consent Calendar – Define exactly what can be placed under Consent. 7. SECTION 8.5.1 Adding Item to Consent Calendar – DELETE the 2nd sentence that allows “any item to be placed on the Consent Calendar” during the meeting. a. This is asking for trouble if the public has gone out of their way to attend a meeting to speak on that item and it then suddenly, they no longer can have that item discussed in public – it is restricting information. 8. SECTION 8.5.2 Removing Item from Consent Calendar – DELETE this section. If the use of Consent Calendar is not abused, this normally is not a problem. Packing an agenda then stuffing all the items under Consent IS a problem so the combination of defining what can and cannot be placed under Consent will help reduce the need to pull items. a. Compromise! IF you absolutely need to restrict this, allow BOTH the Public and Councilmembers the ability to pull in advance of the meeting BUT also allow Councilmembers to pull any item during the meeting. 9. SECTION 8.6 Public Comment – Allow any number of people to combine their time up to a maximum of 10 minutes. Define how it’s done for 2 people, 3 people, 4 people, 5 people up to 10 minutes. a. This allows people who do not speak in public or are not fluent the opportunity to express their opinions. We’ve heard the Council will strive to “work together”. Prove it! These rules apply to everyone. Please make it fair for everyone! Sincerely, Peggy Griffin From:Donna austin To:City Clerk; Hung Wei; Sheila Mohan Subject:Item 1 on the agenda, Procedures Manuel Date:Wednesday, January 25, 2023 3:11:33 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. From: Donna austin <primadona1@comcast.net> Date: January 25, 2023 at 3:02:36 PM PST To: Donna <primadona1@comcast.net> Subject: Procedures Manuel To Mayor Hung Wei, Vice Mayor Sheila Mohan the city council: The procedures Manuel in the agenda for tonight city council meeting is extremely important to promote efficient and transparent meetings I've read the Manuel and changes that promote transparency and open and efficient government. These changes are proposed from the grand jury and the audit committee and I support them. There has always been a consent calendar with items thoroughly studied and discussed before. I believe no items are slipped in that are new and important! Better Cupertino has used the method of calling for public records and discussing an item over and over to hinder getting the job done. .Our housing element that the state required didn't get done with all the plethora of record requests and more public input over the same issues. This new public Manuel will regulate procedures and make meetings more efficient. A San Jose Mercury News article said Cupertino was the WORST run city. Let's get to BEST. the procedure Manuel and the revisions are paramount to good governing. I encourage our city council to vote for efficiency! Donna Austin Primadona1@comcast. net 408 499 9031 22283 N DeAnza Circle Cupertino, CA 95014 Sent from my iPhone From:Liang Chao To:City Clerk Subject:Fw: Mayor"s budget and initiative Date:Wednesday, January 25, 2023 3:02:18 PM Please enter this into the written communication of the 1/25 council meeting for agenda 1. Liang Chao​ Vice Mayor City Council LiangChao@cupertino.org 408-777-3192 From: Liang Chao <LiangChao@cupertino.org> Sent: Wednesday, January 25, 2023 3:01 PM To: Pamela Wu <PamelaW@cupertino.org>; Christopher Jensen <ChristopherJ@cupertino.org> Cc: Debra Nascimento <DebraN@cupertino.org> Subject: Re: Mayor's budget and initiative But the adopted resolution did not address these questions I have.... that is why I am asking these questions. Liang Chao​ Vice Mayor City Council LiangChao@cupertino.org 408-777-3192 From: Pamela Wu <PamelaW@cupertino.org> Sent: Wednesday, January 25, 2023 1:42 PM To: Liang Chao <LiangChao@cupertino.org>; Christopher Jensen <ChristopherJ@cupertino.org> Cc: Debra Nascimento <DebraN@cupertino.org> Subject: RE: Mayor's budget and initiative Thank you for the clarification. Going forward, staff’s recommendation on Mayor’s fund utilization is to follow the steps laid out in the adopted resolution. Pamela Pamela Wu​​​​ City Manager City Manager's Office PamelaW@cupertino.org (408)777-1322 From: Liang Chao <LiangChao@cupertino.org> Sent: Wednesday, January 25, 2023 11:54 AM To: Pamela Wu <PamelaW@cupertino.org>; Christopher Jensen <ChristopherJ@cupertino.org> Cc: Debra Nascimento <DebraN@cupertino.org> Subject: Re: Mayor's budget and initiative No. My concerns have to do with how the Mayor will direct the staff this year in 2023 and going forward. Please clarify. Thanks. Liang Chao​ Council Member City Council LiangChao@cupertino.org 408-777-3192 From: Pamela Wu <PamelaW@cupertino.org> Sent: Wednesday, January 25, 2023 8:25 AM To: Liang Chao <LiangChao@cupertino.org>; Christopher Jensen <ChristopherJ@cupertino.org> Cc: Debra Nascimento <DebraN@cupertino.org> Subject: RE: Mayor's budget and initiative Councilmember Chao, as much as I appreciate your effort to provide a more specific approach to your questions below, your concerns are largely related to the Lawrence-Mitty event which I was not part of. Pamela Pamela Wu​​​​ City Manager City Manager's Office PamelaW@cupertino.org (408)777-1322 From: Liang Chao <LiangChao@cupertino.org> Sent: Tuesday, January 24, 2023 7:17 PM To: Pamela Wu <PamelaW@cupertino.org>; Christopher Jensen <ChristopherJ@cupertino.org> Cc: Debra Nascimento <DebraN@cupertino.org> Subject: Re: Mayor's budget and initiative But I need answers on most of the questions. Let me reframe my question without referring to Lawrence-Mitty Park. Question 1: Is it the operational duty of the city staff to conduct the opening ceremony of a city park? Question 2: If the Mayor used the Mayor initiative fund for an event, does the Mayor have the authority to direct city staff in exercising his right to utilize the Mayor's fund? Question 3: The Mayor has no more authority to direct the city staff than any individual council member. But the Mayor is allocated the Mayor's fund. Are we expecting the Mayor to utilize zero city staff time when utilizing the Mayor's fund? Question 4: Some of Mayor's Initiatives might take little staff time or might already coincide with city operation and can be supported as a part of the city operation. Some of Mayor's initiative might take more significant staff time. Where such line should be drawn or who draw such a line? The Council or the City Manager? I am truly confused with this issue and really need some clarification. Thanks! Liang Chao​ Council Member City Council LiangChao@cupertino.org 408-777-3192 From: Pamela Wu <PamelaW@cupertino.org> Sent: Saturday, January 21, 2023 11:43 AM To: Liang Chao <LiangChao@cupertino.org>; Christopher Jensen <ChristopherJ@cupertino.org> Cc: Debra Nascimento <DebraN@cupertino.org> Subject: RE: Mayor's budget and initiative Councilmember Chao, I am sorry that I will not be able to provide a response to most of your questions below as I was not involved with the Lawrence-Mitty ribbon cutting event. However, there is adopted policy governing how Mayor’s fund should have been utilized that is included in the proposed Council policy. I believe the adopted policy can clarify some of your questions. For easier access, please see the resolution attached. Pamela Pamela Wu​​ City Manager City Manager's Office PamelaW@cupertino.org (408)777-1322 From: Liang Chao <LiangChao@cupertino.org> Sent: Wednesday, January 18, 2023 2:20 PM To: Pamela Wu <PamelaW@cupertino.org>; Christopher Jensen <ChristopherJ@cupertino.org> Subject: Mayor's budget and initiative I would like some clarification on the Mayor's authority to direct staff in relation to so-called "Mayor's Initiative". The Civil Grand Jury report on Cupertino somehow indicated that the former Mayor directed staff to help organize the opening ceremony of the Mitty-Lawrence Park. I was quite surprised. The development of the Mitty-Lawrence Park is on our work program, which the entire Council approved. Question 1: Is it the operational duty of the city staff to conduct the opening ceremony of a city park? Why does the city staff could even reject the Mayor's request to help organize the opening ceremony? Question 2: I suppose the Mayor used his Mayor initiative fund for the opening ceremony of Mitty-Lawrence Park. If that is the case, does the Mayor have the authority to direct city staff in exercising his right to utilize the Mayor's fund? Question 3: The Mayor has no more authority to direct the city staff than any individual council member. But the Mayor is allocated the Mayor's fund. Are we expecting the Mayor to utilize zero city staff time when utilizing the Mayor's fund? Question 4: Some of Mayor's Initiatives might take little staff time or might already coincide with city operation and can be supported as a part of the city operation. Some of Mayor's initiative might take more significant staff time. Where such line should be drawn or who draw such a line? The Council or the City Manager? I am truly confused with this issue and really need some clarification. Thanks! Liang Liang Chao​ Vice Mayor City Council LiangChao@cupertino.org 408-777-3192 From:Tessa Parish To:Christopher Jensen; City Clerk; Pamela Wu; City Council Subject:Addition to comments Date:Wednesday, January 25, 2023 2:55:21 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. if the council does decide to pass the item about former council members, not serving please specify that it does not affect sitting commissioners in the resolution for clarity-- Tessa Parish DRE#01158499 RHM Realty www.ParishRealEstateGroup.com 408.396.8377 From:Liang Chao To:City Clerk Subject:Fwd: Do not circumvent CMC 12.7 (free access to information) and the Brown Act (sunshine law) Date:Wednesday, January 25, 2023 2:35:10 PM Please enter this as a written communication for the 1/25 council meeting for agenda item 1. Thanks! Liang Chao​ Council Member City Council LiangChao@cupertino.org 408-777-3192 From: Liang Chao <LiangChao@cupertino.org> Sent: Wednesday, January 18, 2023 1:16 PM To: Pamela Wu <PamelaW@cupertino.org>; Christopher Jensen <ChristopherJ@cupertino.org> Subject: Do not circumvent CMC 12.7 (free access to information) and the Brown Act (sunshine law) (Fixed some typo and added link from a previous email titled "Do no circumvent CMC 12.7") If any city staff does not understand why the City Councilmembers need free access to information in order to perform their duties, I would encourage the City Manager to refer them to CMC 12.7: CMC 12.7.020 "The intent of this chapter is to address and clarify the relationship between the City Council, individual Council members, and city staff by: A. Maintaining control and direction of the City by the City Council as a whole; B. Insuring that City Council members have free access to the flow of any information relative to the operation of the City and insuring that such information is communicated by staff in full and with candor to the Council; C. Ensuring that the Council decision making process benefits from the unencumbered input and advice from the professional staff free from undue influence in staff decision making, formation of staff recommendations, scheduling of work, and executing department priorities without intervention by individual Council members; D. Allowing city staff to execute priorities given by management and the City Council and protecting city staff from undue influence from individual Council members." (CMC 12.7.020) CMC 12.7 clarifies the access to information by individual Councilmembers as well as the City Council. CMC 12.7.034 Information “Individual Council members as well as the City Council as a whole, have complete freedom of access to any information requested of staff (except information which is otherwise protected by law from disclosure) and will receive the full cooperation and candor of City staff in being provided with any requested information” CMC 12.7 also states what happens when the information requested might impact the workload in city operations: CMC 2.17.043 Timely Response. “City staff will make every effort to respond in a timely and professional manner to all requests made by individual council members for information or assistance, provided that, in the judgment of the City Manager, the request is not of a magnitude either in terms of work load or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. “ (CMC 12.7) It is important that the Council Procedures do not circumvent the established Cupertino Municipal Code (CMC). Rather the Council Procedures could provide more details on how to implement the code. For example, Suggestion: City Manager put requests which require significant workload on Council agenda so the entire Council can decide with public input This method complies with the current CMC 12.7 and complies with the intent of the section "Maintaining control and direction of the City by the City Council as a whole" and "Insuring that City Council members have free access to the flow of any information". This statement in the proposed Council Procedures Manual "No Councilmember shall circumvent the City Manager’s direction regarding a request for information by seeking information through a Public Records Act request" gives the impression that the City Manager has the authority in deciding what information the City Council has access to. That conflicts with the intent clearly stated in CMC 12.7. That statement above is also in conflict with the intent stated in the California Brown Act, the well- known open meeting or sunshine law: Government Code 54950 "The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created." Similarly, the Council (elected by the people), in delegating authority to the City Manager, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. I hope that Cupertino does not create a precedence in violating the public trust. Thank you. Liang Liang Chao​ Vice Mayor City Council LiangChao@cupertino.org 408-777-3192 From:Lisa Warren To:City Clerk; City Council Subject:Comments for Item 1 of CC Special Meeting Jan 25, 2023 ATTACHED Date:Wednesday, January 25, 2023 2:31:18 PM Attachments:Lisa COMMENTS for CC spcl mtg Jan 25 2023 Item 1 CC Procedure Manual.docx CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please see attached document for my comments on this item Lisa Warren Section Edit / Comment Reason 1.0 Introduction Support Council Member Chao’s suggestion to add a section : “Principle. The City Council maintains control as the governing body. This manual ensures free and fair access to the flow of any information relative to the operation of the City and free and fair access to public meetings.” 2.1 Selection of Mayor and Vice Mayor Consider deleting the sentence: “The Mayor and Vice Mayor shall not serve consecutive terms; provided, however, this provision shall not prevent the Vice Mayor from succeeding the office of Mayor” 2.2 Removal of Mayor or Vice Mayor Support Chao and Mohan to add to section. “Removal for cause shall mean removal of a Councilmember because of such member’s (a) willful and continued failure substantially to perform their duties, (b) conviction for, or guilty plea to, a felony or a crime involving moral turpitude, or (c) abuse of illegal drugs or other controlled substances or habitual intoxication. The removal should proceed with a formal warning, which states with proven evidence of the member’s failure to perform their duties and proposed corrective measures.” ALSO ADD language to clarity that if Mayor or Vice Mayor is removed from ‘office’, they will remain on City Council. At least provides some definition to ‘cause’ for removal. Clarification that elected council members will remail on City Council was verbalized and needs to be included in this manual. 3.1 Appointment Support Moore’s revision. “The Mayor shall appoint Councilmembers to standing committees and all Councilmembers may nominate any Councilmember to ad hoc committees and subcommittees established by the City Council, with consideration of Councilmember preference, equitable distribution, seniority, experience, and benefit to the committee, subject to ratification by the Council at its next regular meeting. It will be the responsibility of the committees and subcommittees to inform and submit recommendations to the Council.” The community will be better served with this language 4.2 Attendance at Council Meetings (commissions and committees) Support Moore’s revision. “At least one commission member, preferably the Chair or Vice Chair, must attend City Council meetings when the commission has an item of interest on the Council agenda, so as to be available to answer Council questions.” Fellow commission/committee members have chosen these members to represent them. 4.4 Appointment (commissions and committees) DELETE last sentence. “Former Councilmembers are not eligible for appointment to any commission or committee within four years of having served on the City Council.” IF not deleted – then Do NOT change draft language in the sentence from ‘for appointment to’ to ‘service on’. Also - SUPPORT Moore’s revision to add to the 4.4 (continued on next page) The existence of the drafted sentence is inappropriate for numerous reasons. The public has named some already. It is way out of line to eliminate the ability of any interested and engaged resident to be forbidden from applying for, or serving on a commission or committee, or to be unjustly removed from a commission or committee that they are currently serving on. “Commissioners and committee members shall not be employees of the City or companies which the City contracts with, or employees of subcontracted companies.” AND would revise ‘employees’ to read ‘employees, principles and board members’. Opening for ‘undue influence’ from ‘outside interest’. ‘Ex Parte’ issues. 4.6 Undue Influence on Commissioners. At a minimum, SUPPORT Moore’s input to DELETE the last sentence. “Individual Councilmembers and commissioners shall have the right to attend meetings of commissions and other Cupertino governmental bodies but shall refrain from speaking or becoming involved in deliberations.” No one should be required to refraining from speaking or becoming involved. Full transparency of what capacity a person is speaking as should be expected. Freedom of speech. 5.1 Attendance Add to second sentence to include ‘on time’. “Councilmembers shall make a good faith effort to attend, on time, all such meetings.” Consider Support of Moore’s revision to add : “Council attendance will be noted in the agenda of the next regular meeting and thereafter for that calendar year, if three or more meetings are missed.” 5.2 Correspondence Support Moore’s revision to add “Official correspondence from any member of Council shall be provided to all members of Council.” Need for transparency and inclusion. 5.4 Response to Public Question: How does the public follow up on their own behalf ? This is important to answer. 5.7 Council Training Agree with Fruen’s comment which is already addressed in Staff Recommendation. 6.4 Individual Councilmembers Influence on Staff Decisions Prohibited. Revise to ADD language that indicates Staff be required to report violations 6.6 Councilmember Access to Information. Support Moore’s revision to delete “No Councilmember shall circumvent the City Manager’s direction regarding a request for information by seeking information through a Public Records Act request.” Do NOT support Wei’s revision Restricts rights. 7.1 Future Agenda Items Support Multiple Councilmembers (Moore, Mohan) Revision to Delete. “Any item may be removed for the future agenda items list by a majority vote of the City Council.” 7.4 Staff Reports Correct numbering of list and Add item to list: “History and Background (if applicable) 7.6 Supplemental Materials Is there a need to add timing for Special Meetings that can be scheduled for any day of the week? ALSO Support Chao’s comment to add paragraph “Questions and all staff‐prepared responses will be forwarded to all Councilmembers as well as put up on the special web page created for public review of Council agenda questions and staff responses. Staff will include the name of the (cont) Councilmember posing the questions in the ‘subject’ field of the e‐mail response. Written copies of all Councilmember agenda questions and staff responses will be at Council places at the meeting; additionally copies will be made available in the Council Chambers for members of the public.” 8.5.1 (now 8.4.1) Consent Calendar Do NOT agree with last sentence. “Items may be removed from the consent calendar only by a member of the City Council. “ Adopt Moore’s revision, and if not, then Adopt Wei’s comment Suppressing public comment. Does not fall under title of Adding Ran out of time… AGENDA item 2 To: 'City Council' <CityC...@cupertino.org> Cc: 'City Clerk' <City...@cupertino.org> Subject: 2023-01-25 City Council Study Session Item2 - Consolidation/elimination of Commissions and Committees Please include this email and the corresponding attachment as part of Written Communication for the 1 - 25-2023 City Council Study Session, Agenda Item #2 Consolidation/elimination of commissions/committees. Dear City Council and Staff, I understand the desire to reduce the amount of staff time needed to support Commissions and Committees but I think there must be a sweet spot where you can accomplish this without losing much needed functionality. In reading the 1-17-2023 Staff Report and the 1-25-2023 Supplemental Staff Report, I had trouble visualizing exactly what was being done so I, with the help of a friend, created the attached document that summarizes what the Staff Report says using lists. In doing so, I am concerned about the following: 1. All sub-committees – agree, delete them all. The 7 that are no longer active have completed their tasks and done a wonderful job! The others can be absorbed by various departments. 2. Environmental Review Committee – This committee has a critical job to protect the current and future people who live and work in Cupertino by reviewing all discretionary projects (that aren’t exempt) for evaluation under CEQA. The members of this committee were actually trained so they were familiar with the issues. 1. As more commercial sites get converted or add residential they need to be evaluated to insure the health and safety of future residents are adequately protected. This applies to old gas station sites, old dry cleaner sites and sites nearby them. 2. Environmental reviews can take time and they should not be stuffed into a packed agenda that encourages the items to be passed “on consent” or rushed! They need to be reviewed thoroughly by committee members that are familiar with the material, who have other items on the agenda to focus on. 3. If it takes 80 hours annually so be it, if it will protect the current and future health and safety of construction workers and members of the public. It also protects the city against future lawsuits from health issues that arise due to exposure to contaminants. 4. REQUEST: Keep the Environmental Review Committee and make sure the new members are trained regarding CEQA. 3. Design Review Committee - The Staff Report is misleading. On page 1 in the bulleted list, it says the Planning Commission will include “functions that were previously designated for Design Review Committee and Environmental Review Committee” but then on Page 5 Paragraph 2 it says “…assigned to the Planning Commission or to Council as appropriate.” 1. Which is it? What exact functions fall under the Planning Commission and which fall under the Council? 2. This is vague and makes it sound like it can be arbitrarily “adjusted” to one or the other based on a desired vote. 3. The functions of commissions need to be clear – not wishy washy. 4. REQUEST: If you’re going to consolidate the DRC, give all the functionality to the Planning Commission. 4. Legislative Review Committee – It uses 400 hours of staff time annually. This is critical work. The city needs to keep up with the continually changing laws and proposed laws impacting our city and its residents/businesses. The city needs to be pro-active and the way to do that is to have a committee focused on just this! Cupertino needs to actively stay engaged. 1. The 1-17-2023 Staff Report (page 5, paragraph 2) says it’s functionality “…would be addressed by the Council as necessary” BUT the Council is trying to reduce it’s hours. It’s priority is not this! 2. The “as necessary” will default to nothing being done. 3. REQUEST: Keep the Legislative Review Committee. 5. Economic Development Committee – The 1-17-2023 Staff Report says it will be assigned to Council “as necessary”. The reason this is a codified committee is because for YEARS its meetings were going on without a lot of public visibility. It was a privileged meeting between city staff and the Chamber. They were given information before the public had access to it! 1. Please do not go back to this less than transparent way of handling these meetings. 2. REQUEST: Keep the Economic Development Committee. If you don’t, have the meetings be part of a REGULAR city council meeting so it’s available to the public. From:Peggy Griffin To:City Council Cc:City Clerk Subject:REVISED...2023-01-25 City Council Agenda Item1 - Council Procedures Manual Date:Wednesday, January 25, 2023 2:12:10 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. REVISED TO ADD: Removal of limit on the public to a max of 10 minutes total. Dear Mayor Wei, Vice Mayor Mohan and Councilmembers, I’ve sent many emails regarding my concerns on specific sections of this City Council Procedures Manual. I do believe establishing rules in writing is a good thing if they do not hinder a person’s rights or the ability of both the government and the people to have a transparent exchange of information. In response to this DRAFT2 of the manual, PLEASE make these key changes (NOTE sections refer to the DRAFT2, not the clean version): 1. DO NOT adopt this procedure manual at today’s Study Session! Direct staff to make whatever changes and have it presented to the public at a regularly scheduled City Council meeting. This was the Jan. 17, 2023 motion you all voted on. Passing it today, at a Study Session, will add to the mistrust that I building. 2. SECTION 4.4 Appointment – Last sentence – Leave the wording as “Former Councilmembers are not eligible for appointment…”. a. The proposed change to “serving on” is a direct attempt to remove Commissioner Scharf from the Planning Commission in order to pack the commission. The combination of this action with the purging of the Environmental Review Committee and the Design Review Committee into the Planning Commission is a move to prepare the Planning Commission to make the desired decisions on some upcoming projects. The optics do not look well! b. Also, new Councils have always allowed commissioners to serve out their terms! Don’t change that! 3. SECTION 6.6 – Councilmember Access to Information – Do a compromise-REWORD IT! DELETE the last sentence restricting a councilmembers ability to do a Public Records Act request. If a councilmember feels they need to do this, something is wrong with the system. SUGGESTED REWORDING OF LAST SENTENCE: a. “If a councilmember feels they are not being given the requested information in a timely manner, before resorting to a Public Records Act request, they should meet with the Mayor, City Manager and City Attorney to discuss the situation.” b. This allows the staff to address the problem first BUT also does not restrict the councilmembers ability under the California Constitution. c. This is a compromise! 4. SECTION 7.1 Future Agenda Items – DELETE the last sentence allowing a majority of Councilmembers to remove future agenda items. a. Compromise! Reword it to allow whoever put the item on the agenda to remove it if it’s no longer needed. 5. SECTION 8.4 Order of Business – a. DEFINE what goes in the different sections by adding a Glossary. Particularly, define what’s in the following sections: i. CONSENT CALENDAR ii. PUBLIC HEARINGS iii. ACTION CALENDAR b. DEFINE what can and can’t be done in a STUDY SESSION. c. ORAL COMMUNICATIONS – change the sentence below the list of items to say “Additional speakers… WILL (not may) be given time…at the end of the agenda.” i. You want people to participate. If they take the time to attend to speak, let them speak! 6. SECTION 8.5 Consent Calendar – Define exactly what can be placed under Consent. 7. SECTION 8.5.1 Adding Item to Consent Calendar – DELETE the 2nd sentence that allows “any item to be placed on the Consent Calendar” during the meeting. a. This is asking for trouble if the public has gone out of their way to attend a meeting to speak on that item and it then suddenly, they no longer can have that item discussed in public – it is restricting information. 8. SECTION 8.5.2 Removing Item from Consent Calendar – DELETE this section. If the use of Consent Calendar is not abused, this normally is not a problem. Packing an agenda then stuffing all the items under Consent IS a problem so the combination of defining what can and cannot be placed under Consent will help reduce the need to pull items. a. Compromise! IF you absolutely need to restrict this, allow BOTH the Public and Councilmembers the ability to pull in advance of the meeting BUT also allow Councilmembers to pull any item during the meeting. 9. SECTION 8.6 Public Comment – Allow any number of people to combine their time up to a maximum of 10 minutes. Define how it’s done for 2 people, 3 people, 4 people, 5 people up to 10 minutes. a. This allows people who do not speak in public or are not fluent the opportunity to express their opinions. 10. SECTION 8.6 Public Comment – REMOVE the maximum 10 minute time limit for any one person to comment during a meeting. We’ve heard the Council will strive to “work together”. Prove it! These rules apply to everyone. Please make it fair for everyone! Sincerely, Peggy Griffin From:Tessa Parish To:Christopher Jensen; Pamela Wu; City Clerk; City Council Subject:Comments & Suggestions for Special Meeting 1/25 Date:Wednesday, January 25, 2023 1:39:04 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Manager, City Attorney & Council, Regarding the CCCCPM Draft scheduled for 1/25 @ 4pm Madam City Clerk, please add to public comments. 2.2 Removal of Mayor and Vice Mayor: Please consider replacing the "from office" to "from the role" or "from the office of the Mayor" Some could argue that removal from office is removal from City Council. Please consider the following to be added right after due cause: I would like to suggest the following: Due Cause is defined as repeated violations of known policies, repeated negligence of duty, crimes or felonies for which they can be convicted. Mayor or Vice Mayor in violation of such offenses will have been made aware of such violations and warned at least twice, after the first violation put on probation and if repeated would be given 72 hours notice of removal. In the case of a felony no warning would be necessary. 4.4 Appointment " Former Councilmembers are not eligible for appointment to any commission or committee within four years of having served on the City Council." I believe that a member of the public that has previously served is better qualified to serve in a commission or committee. In addition to being better qualified, there are times when few apply to commissions or few are available for committees, to limit who serves on these very important commissions/committees would not serve the city well. I believe the city is better served without this limitation. If there is another problem that is being addressed perhaps it could be addressed more specifically. For example: if there is evidence that the commissioner is not serving for the good of the people or violating policies, rules or duties, then that could be addressed separately. Anyone of the public should have the right to serve on a public commission or committee. This seems to be an irregular solution. 6.6 Councilmember access to information I believe this violates the rights of ANY individual to obtain information: "No Councilmember shall circumvent the City Manager’s direction regarding a request for information by seeking information through a Public Records Act request." Instead I suggest the following: If there are special request from a Council member, committee member necessary for a timely research and the Council member/committee member is not being given the information within the time necessary to perform a job for a scheduled event or for a timely process, the council member can write a "Job endangerment report" to the City Manager alerting him/her of the situation and giving him/her time to obtain said information. If the information is STILL not being provided in a timely manner and the Council member feels it necessary to resort to Public Records Act request in order to do their job in the time necessary, they will have the right to do so and will be protected under the Public Record Act request. All while in communication with the City Manager. (I feel this would protect both the staff and Council as both are just trying to do their job) 7. 7.1 This verbiage could be used to silence the minority and a duly added item to the agenda. "Any item may be removed for the future agenda items list by a majority vote of the City Council." Suggest: Any item may be removed for the future agenda items list by a majority vote of the City Council unless it was an item voted on by the 2 Council members and fully addressed so as to avoid silencing the minority, if need be open it to public comment for a decision if the item seems to be frivolous. 8.5 Again this would/could be used to silence the minority of an elected official. "In addition, any item may be placed on the consent calendar by a majority vote of the City Council." I believe ANY council member has the right and duty to pull an item from the Consent calendar if there are pending actions, missing information or items not yet addressed to the satisfaction of the member. Please don't forget these are elected officials that are acting on behalf of the public. What if they were contacted by members of the public to address the item more specifically? If the council thinks the item frivolous, the again, it can be addressed more specifically. ____________ re: " Items may be removed from the consent calendar only by a member of the City Council." This takes away the right of the public to hear more on an item. While the public should have requested more routine questions prior to the meeting, if the public feels it necessary to pull an item for transparency and more deliberation, this would severely limit it. Suggest: Items may be removed from the consent calendar only by a member of the City Council and public, but the Mayor or Majority of the Council could choose to delegate the item for the next meeting, if time is insufficient time to address the item and with the approval of the public. (in this way we do not remove public rights to hearing-if they cannot return at a later time) Lastly I'd like to suggest that you define a study session and add to the procedure manual the following: Study Session: No action will be taken during a "study session" since it is assumed that after deliberations the public would have to be duly notified of final proposal in a public hearing through regular Meeting and process wherein the public are able to comment and their concerns addressed. You all have a very important role in making the city function but please don't forget it is for the people. We all have to have our rights and boundaries. Let's keep them ALL clear. Tessa Parish From:Liang Chao To:City Clerk Subject:Fwd: Colleagues memo - from Palo Alto Council procedures Date:Wednesday, January 25, 2023 12:07:09 PM Please add this to written communication of the 1/25 council meeting. Thanks! Liang Chao​ Council Member City Council LiangChao@cupertino.org 408-777-3192 From: Liang Chao <LiangChao@cupertino.org> Sent: Friday, January 20, 2023 11:39 AM To: Pamela Wu <PamelaW@cupertino.org>; Christopher Jensen <ChristopherJ@cupertino.org> Subject: Re: Colleagues memo - from Palo Alto Council procedures Please add this Colleagues memo to my list. I did not have time to go through every item on Wednesday. This would allow a substantive discussion on whether an item should be put on a future agenda, which might require some staff time. But writing the memo and putting it on a Council agenda would take little staff time to allow such a discussion to take place. Please remove the item to allow three councilmembers to remove an item, which goes against the CMC, which allow two councilmembers to put an item on the agenda. Such an item shuts down the minority without allowing the public a chance to chime in and without allowing the council to have a substantive discussion on what exactly is proposed at all. Thanks. Liang Chao​ Vice Mayor City Council LiangChao@cupertino.org 408-777-3192 From: Liang Chao <LiangChao@cupertino.org> Sent: Tuesday, January 17, 2023 11:53 AM To: Pamela Wu <PamelaW@cupertino.org>; Christopher Jensen <ChristopherJ@cupertino.org> Subject: Colleagues memo - from Palo Alto Council procedures Here is another good practice to consider from Palo Alto's council procedures: Colleagues Memo Any two Councilmembers could co-author a Colleagues memo, which is often a one-page description of a problem and a proposed solution or policy direction or consideration. As long as the memo is submitted 3 days before the agenda is published, the memo is put on the agenda for consideration. The Council can discuss and decide whether to put the matter on a future agenda for the staff to look deeper or not take any action. This might be a good way to propose a future agenda item. Here is an example memo: https://www.cityofpaloalto.org/files/assets/public/agendas- minutes-reports/reports/city-manager-reports-cmrs/year-archive/2021/id-12347.pdf Here is Palo Alto's Council procedure: https://www.cityofpaloalto.org/files/assets/public/city-clerk/city-charterprocedures/02-01-20-adopted-council- protocols-and-procedures-manual.pdf Liang Liang Chao​ Council Member City Council LiangChao@cupertino.org 408-777-3192 From:Liang Chao To:City Clerk Subject:Fw: Comments on the Council Procedures Manual Date:Wednesday, January 25, 2023 3:27:01 PM Please include the full comment in the attachment sent to the City Manager in the written communication of the 1/25 council agenda for item 1. I gave the rationale and source documents of the added languages and they are lost in the redlined version on the agenda today. Thanks. Liang Chao​ Vice Mayor City Council LiangChao@cupertino.org 408-777-3192 From: Liang Chao Sent: Wednesday, January 18, 2023 5:32 PM To: Pamela Wu <PamelaW@cupertino.org>; Christopher Jensen <ChristopherJ@cupertino.org> Subject: Comments on the Council Procedures Manual v1 - Liang’s Comment on Council Procedures Manual.pdf I tried to be more specific and provide suggestions. But it's taking a lot of time and I have not gone through the entire manual yet... Here is the first cut. Liang Chao​ Vice Mayor City Council LiangChao@cupertino.org 408-777-3192 Liang’s Comment on Council Procedures Manual Comment 1: Introduction 1 Comment 2: Removal for Cause 2 Comment 3: Warning before Removal with Cause 2 Comment 4: Formation and Appointment of Ad Hoc Committee 2 Comment 5: Improve the titles of Section 3 and 4: between Councilmember appointed to committees and appointment of non-councilmembers to committee/commissions 3 Comment 6: Undue influence by former Councilmembers and former Commissioners 3 Comment 7: City Council to remove Commissioners, not the City Clerk 4 Comment 8: Commission Recommendations and Comments 4 Comment 9: All Council Members should make decisions with the same information from Staff on agendized or soon-to-be agendized items 5 Comment 10: Respect the Role of Council Members as Policy Makers for the City 5 Comment 11: Define Study Session as an item without a formal not council action 5 —----------- Comment 1: Introduction 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. [ADD] 1.2 Principal. The City Council maintains control as the governing body. This manual ensures free and fair access to the flow of any information relative to the operation of the City and free and fair access to public meetings. [This principal should be 1.2 before “Value” and “Brown Act”) —-------- Comment 2: Removal for Cause 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. [Comment] Under the current culture of cancellation, we have seen multiple cases where a well-respected and competent person could be removed from a position over a social media post due to differences in political ideologies. We have seen in-fighting in some City Council due to political differences in order to gain the majority. It is important to clarify that the “Cause” for removal must be related to the duty of the City Council. [Comment] With the prevalence of social media, rumors and misinformation have been repeated often to be perceived as truth. Any action of removal must provide a due process so that the evidence could be verified through cross examinations. The following definition of “Cause” is based on https://www.lawinsider.com/dictionary/removal-for-cause. [ADD]Removal for "Cause" shall mean removal of a council member because of such member's (a) willful and continued failure substantially to perform their duties, (b) conviction for, or guilty plea to, a felony or a crime involving moral turpitude, or (c) abuse of illegal drugs or other controlled substances or habitual intoxication. Comment 3: Warning before Removal with Cause [ADD] The removal should precede with a formal warning, which states with proven evidence of the member’s failure to perform their duties and proposed corrective measures. —------- Comment 4: Formation and Appointment of Ad Hoc Committee 3.1 Appointment.The Mayor shall appoint 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. [Comment]: This opens the door for the Mayor to communicate with more than one Councilmembers in order to make such appointments. And such discussion could include substantive discussions. This also gives the Mayor authority over other Councilmembers, which has no precedence in Cupertino. Some suggestions below come from Palo Alto Council procedures. [EDITED] 3.1 Creation and Appointment. The purpose and scope of each standing or ad hoc committee should be stated when it is formed and re-stated when councilmembers are appointed to the committee at a regular meeting. ●The City Manager shall prepare a report to Council about the anticipated time commitment required for staff to assist the Ad Hoc Committee. ●Information: The scope, membership, time of creation and estimated number of meetings for each Ad Hoc Committee shall be posted to the City Council website. ●Termination: A majority of the Council may vote to terminate any Ad Hoc Committee following a written report by the committee. ●Ad Hoc Committees do not constitute legislative bodies and are not subject to the requirements of the Brown Act. Standing committees, which has a continuing or indefinite jurisdiction are subject to the Brown Act. —--------- Comment 5: Improve the titles of Section 3 and 4: between Councilmember appointed to committees and appointment of non-councilmembers to committee/commissions 3. Councilmember Committees and Subcommittees 4 Other City Commissions and Committees [Comment]: Please specify what’s the difference between Section 3 and 4? —----------- Comment 6: Undue influence by former Councilmembers and former Commissioners 4.4: …Former Councilmembers are not eligible for appointment to any commission or committee within four years of having served on the City Council. [Comment]In fact, as an appointed commissioner,a former Councilmember does not have more access to information nor influence than any other commissioner as their conduct is already regulated by the Commission Handbook. Cupertino has seen undue influence by former Councilmembers and former Commissioners through city staff since these former Councilmembers and Commissioners have established a good relationship with some city staff members. They can call the city staff up to request anything outside of the public's knowledge or through in-person communcations. The content of such communication is not on the public record. {ADDITION] The city staff should report communications from former Councilmembers and former Commissioners on issues related to the City's business through phone calls or in-person communications. —-------- Comment 7: City Council to remove Commissioners, not the City Clerk 4.5 Removal.The City Clerk shall remove commission or committee members for failure to comply with attendance policies adopted in the Commission and Committee Handbook. 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. [Comment]: The Council appoints commission members. The Council should be the body which removes any commission member, not the City Clerk. The Clerk’s responsibility should be for record keeping, as stated in the Muni Code. After the removal of the Commission, the Council must taken action at a Council meeting to appoint a new member, even though alternate members were identified earlier. [EDIT]: 4.5 Removal.The City Clerk shall inform the City Council to consider the removal of commission or committee members for failure to comply with attendance policies adopted in the Commission and Committee Handbook. —------------ Comment 8: Commission Recommendations and Comments [ADDITION] 4.7 On every item within the jurisdiction of a Commission, the staff liaison shall work with the Commission Chair to schedule the item to receive inputs and seek recommendations from the Commission, as time permits. The staff report at the Council meeting shall include Commission inputs and recommendations. Rationale should be given when Commission inputs are not available for an item within their jurisdiction. —---------- Comment 9: All Council Members should make decisions with the same information from Staff on agendized or soon-to-be agendized items [Comment]: Direct quotes from Palo Alto Council Procedures: [ADDITION] “In order to facilitate open government, all Council Members should make decisions with the same information from Staff on agendized or soon-to-be agendized items (i.e. items on the tentative agenda or in a Council Committee)” “Questions and all Staff-prepared responses will be forwarded to all Council Members as well as put up on the special web page created for public review of Council agenda questions and Staff responses. Staff will include the name of the Council Member posing the questions in the “subject” field of the e-mail response.” “Written copies of all Council Member agenda questions and Staff responses will be at Council places at the meeting; additionally copies will be made available in the Council Chambers for members of the public.” —------ Comment 10: Respect the Role of Council Members as Policy Makers for the City [Comment]: Direct quotes from Palo Alto Council Procedures: [ADDITION]: "Respect the Role of Council Members as Policy Makers for the City. Staff is expected to provide its best professional recommendations on issues. Staff should not try to determine Council support for particular positions or recommendations in order to craft recommendations. The Council must be able to depend upon the staff to make independent recommendations.Staff should provide information about alternatives to staff recommendations as appropriate, as well as pros and cons for staff recommendations and alternatives" —---------- Comment 11: Define Study Session as an item without a formal not council action [Comment]: Direct quotes from Palo Alto Council Procedures [ADDITION] "Study Sessions Study Sessions are meetings during which the Council receives information about City business in an informal setting. The informal study session setting is intended to encourage in-depth discussion and detailed questioning and brainstorming by Council on issues of significant interest, including City policy matters, zoning applications, and major public works projects. The Council may discuss the material freely without following formal rules of parliamentary procedure. Staff may be directed to bring matters back for future Council consideration as no action can be taken at a study session. The Decorum rules still apply to the behavior of the Council and public."