CC 11-30-2021 Searchable PacketCITY OF CUPERTINO
CITY COUNCIL
AGENDA
This will be a teleconference meeting without a physical location.
Tuesday, November 30, 2021
6:00 PM
Televised Special Meeting Open Session (6:00) and Non-Televised Closed Session (6:05)
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Government Code 54953(e), this will be a teleconference meeting
without a physical location to help stop the spread of COVID-19.
Members of the public wishing to observe the open session meeting may do so in one of
the following ways:
1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube
and www.Cupertino.org/webcast
Members of the public wishing comment on an item on the agenda may do so in the
following ways:
1) E-mail comments for the open or closed session by 4:30 p.m. on Tuesday, November 30 to
the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to
Councilmembers by the City Clerk’s office before the meeting and posted to the City’s
website after the meeting.
2) E-mail comments for the open or closed session during the times for public comment
during the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read
the emails into the record, and display any attachments on the screen, for up to 3 minutes
(subject to the Mayor’s discretion to shorten time for public comments). Members of the
public that wish to share a document must email cityclerk@cupertino.org prior to speaking.
3) Teleconferencing Instructions
Members of the public may provide oral public comments pertaining to the agenda during
the open session teleconference meeting or in open session prior to the closed session
teleconference meeting as follows:
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City Council Agenda November 30, 2021
To address the City Council, click on the links below to access the open session and closed
session meetings:
OPEN SESSION - 6:00 PM
Oral public comments will be accepted during the open session teleconference meeting.
Comments may be made during the public comment period for each agenda item.
To address the City Council, click on the link below to register in advance and access the
meeting:
Online Link for Open Session
https://cityofcupertino.zoom.us/webinar/register/WN_b7jqoBapT5OG6JHmKqye0w
Phone
Dial: 669-900-6833 and enter Webinar ID: 993 8008 6060 (Type *9 to raise hand to speak, *6 to
unmute yourself). Unregistered participants will be called on by the last four digits of their
phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
Meeting ID: 993 8008 6060
SIP: 99380086060@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
CLOSED SESSION - 6:05 PM
Members of the public may provide oral public comments in open session prior to the
closed session teleconference meeting as follows:
To address the City Council, click on the link below to register in advance and access the
meeting:
Online Link for Closed Session
https://cityofcupertino.zoom.us/j/95908503057
Phone
Dial: 669-900-6833 and enter Meeting ID: 959 0850 3057 (Type *9 to raise hand to speak).
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City Council Agenda November 30, 2021
Please read the following instructions carefully:
1.You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make public comment pertaining to the agenda but do not wish
to provide your name, you may say “Cupertino Resident” or similar designation.
3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or,
if you are calling in, press *9. Speakers will be notified shortly before they are called to
speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to
attend this teleconference City Council meeting who is visually or hearing impaired or has
any disability that needs special assistance should call the City Clerk's Office at
408-777-3223, at least 6 hours in advance of the Council meeting to arrange for assistance. In
addition, upon request, in advance, by a person with a disability, City Council meeting
agendas and writings distributed for the meeting that are public records will be made
available in the appropriate alternative format.
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby
called for Tuesday, November 30, 2021, commencing at 6:00 p.m. In accordance with
Government Code 54953(e), this will be a teleconference meeting without a physical
location to help stop the spread of COVID-19. Said special meeting shall be for the purpose
of conducting business on the subject matters listed below under the heading, “Special
Meeting."
SPECIAL MEETING
OPEN SESSION - 6:00 PM
ROLL CALL
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of the
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City Council Agenda November 30, 2021
public, it is requested that items under the Consent Calendar be acted on simultaneously.
1.Subject: Consider adopting a resolution authorizing continued remote teleconference
meetings of the legislative bodies of the City of Cupertino for the period November 30,
2021 through December 30, 2021 pursuant to the Brown Act, as amended by AB 361
Recommended Action: Adopt Resolution No. 21-111 authorizing continued remote
teleconference meetings of the legislative bodies of the City of Cupertino for the period
November 30, 2021 through December 30, 2021 pursuant to the Brown Act, as amended
by AB 361
Staff Report
A - Draft Resolution
B - Adopted Resolution No. 21-098
RECESS
ROLL CALL - 6:05 PM
CLOSED SESSION
2.Subject: Conference with Legal Counsel - Existing Litigation (Gov. Code § 54956.9(a)):
Participation in nationwide opioids settlements
3.Subject: Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation
pursuant to Gov. Code § 54956.9(c) (one case)
4.Subject: Conference with Legal Counsel - Anticipated Litigation: Significant exposure
to litigation pursuant to Gov. Code § 54956.9(d) (one case)
5.Subject: Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title:
Interim City Manager
OPEN SESSION
ROLL CALL
REPORT REGARDING CLOSED SESSION
ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
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City Council Agenda November 30, 2021
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/cityclerk for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
teleconference meeting who is visually or hearing impaired or has any disability that needs special
assistance should call the City Clerk's Office at 408-777-3223, at least 6 hours in advance of the
meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability,
meeting agendas and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of
the packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council
packet archives linked from the agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
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. Do not include any personal or private information in written communications to the City
that you do not wish to make public, as written communications are considered public records and will
be made publicly available on the City website.
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CITY OF CUPERTINO
Agenda Item
21-10117 Agenda Date:
11/30/2021 Agenda #: 1.
Subject:Consider adopting a resolution authorizing continued remote teleconference meetings of the
legislative bodies of the City of Cupertino for the period November 30, 2021 through December 30, 2021
pursuant to the Brown Act, as amended by AB 361
Adopt Resolution No. 21-111 authorizing continued remote teleconference meetings of the legislative bodies
of the City of Cupertino for the period November 30, 2021 through December 30, 2021 pursuant to the Brown
Act, as amended by AB 361
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CITY COUNCIL STAFF REPORT
Meeting: November 30, 2021
Subject
Consider adopting a resolution authorizing continued remote teleconference meetings of
the legislative bodies of the City of Cupertino for the period November 30, 2021 through
December 30, 2021 pursuant to the Brown Act, as amended by AB 361
Recommended Action
Adopt the Draft Resolution authorizing continued remote teleconference meetings of the
legislative bodies of the City of Cupertino for the period November 30, 2021 through
December 30, 2021 pursuant to the Brown Act, as amended by AB 361
Background
On March 2, 2020, Governor Newsom declared a state of emergency due to the public
health threat posed by COVID-19. On March 4, 2020, Governor Newsom issued Executive
Order No-29-20, which suspended certain elements of the Brown Act and specifically
allowed legislative bodies to hold meetings entirely electronically with no physical
meeting. In accordance with the Executive Order , the City held its first teleconference
meeting on March 24, 2020, to help stop the spread of COVID-19. On June 11, 2021,
Governor Newsom issued Executive Order No-08-21, which stated that the provisions in
Executive Order No-29-20, suspending certain elements of the Brown Act, would continue
to apply through September 30, 2021.
On September 15, 2021, Governor Newsom signed AB 361 into law, which allows state
and local agencies to continue using teleconferencing during certain state-declared
emergencies under modified Brown Act requirements. AB 361 became effective
immediately after signing due to its emergency clause and is set to sunset on January 1,
2024. Under AB 361, teleconference meetings may be held during a state of emergency if
(1) state or local officials have imposed or recommended measures to promote social
distancing, or (2) a legislative body determines by a majority vote that meeting in person
would present imminent risks to the health or safety of attendees. (Gov. Code, §
54953(e)(1).)
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To continue teleconference meetings beyond a 30-day period, AB 361 requires the Council
to make a determination that either (i) "[t]he state of emergency continues to directly
impact the ability of the members to meet safely in person, or (ii) “State or local officials
continue to impose or recommend measures to promote social distancing.” (Gov. Code, §
54953(e)(3)(B).) That determination must be reviewed each 30 days thereafter to continue
teleconference meetings. (Ibid.)
Discussion
AB 361 allows the City Council and other City legislative bodies to continue meeting
exclusively via teleconference so long as a state emergency declaration remains in place
and the statute’s conditions for permitting remote meetings are met. To continue meeting
remotely, the City Council must find that state or local officials have imposed or
recommend measures to support social distancing, or that the state of emergency
continues to directly impact the ability of the members to meet safely in person.
On October 5, 2021 Council adopted Resolution No. 21-098 affirming findings related to
AB 361 and authorizing the City Manager and legislative bodies of the City of Cupertino
to meet exclusively by teleconference in accordance with Government Code section
54953(e)(3) and other applicable provisions of the Brown Act through December 2, 2021
(Attachment B). Council made additional findings necessary to extend the authorization
for 30 days on November 2, 2021.
Council may make either or both of the permitted findings to further extend the time to
allow teleconference meetings to continue. The Santa Clara County Health Officer
continues to recommend that governmental entities limit indoor activities to protect
participants who are not fully vaccinated. (Health Officer Order, June 21, 2021.) In
addition, state Department of Industrial Relations Emergency Temporary Standards
continue to require or recommend social distancing in certain circumstances. These
measures are required or recommended based on evidence that indoor activities continue
to present imminent health and safety risks, particularly for unvaccinated individuals. It
is therefore recommended that Council adopt the Draft Resolution authorizing continued
teleconference meetings for the City of Cupertino’s legislative bodies in order to protect
the health and safety of all attendees and participants, particularly those who are
unvaccinated (Attachment A).
Sustainability Impact
Conducting meetings remotely has reduced paper consumption.
Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Kirsten Squarcia, City Clerk
Approved for Submission by: Greg Larson, Interim City Manager
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Attachments:
A – Draft Resolution
B – Adopted Resolution No. 21-098
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RESOLUTION NO. 21-___
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF CUPERTINO FOR THE PERIOD
NOVEMBER 30, 2021 THROUGH DECEMBER 30, 2021 PURSUANT TO BROWN
ACT PROVISIONS
WHEREAS, the City of Cupertino is committed to preserving and nurturing public
access and participation in meetings of the City Council, commissions, and committees;
and
WHEREAS, all meetings of the City of Cupertino’s legislative bodies are open and
public, as required by the Ralph M. Brown Act (Government Code sections 54950–54963),
so that any member of the public may attend, participate, and watch the City’s legislative
bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions
for remote teleconferencing participation in meetings by members of a legislative body,
without compliance with the requirements of Government Code section 54953(b)(3),
subject to the existence of certain conditions; and
WHEREAS, a required condition for holding meetings exclusively by
teleconference is that a state of emergency is declared by the Governor pursuant to
Government Code section 8625, proclaiming the existence of conditions of disaster or of
extreme peril to the safety of persons and property within the state caused by conditions
as described in Government Code section 8558; and
WHEREAS, Government Code section 54953(e) further requires that in order to
authorize meetings exclusively by teleconference, a legislative body must determine that
state or local officials have imposed or recommended measures to promote social
distancing, or that meeting in person would present imminent risks to the health and
safety of attendees; and
WHEREAS, on October 5, 2021 and November 2, 2021, the Cupertino City Council
made the findings required under Government Code section 54953(e) and resolved that
the legislative bodies of the City of Cupertino shall conduct their meetings without
compliance with Government Code section 54953(b)(3), as authorized by Government
Code section 54953(e), and that such legislative bodies should comply with the
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Resolution No. 21-098
Page 3
requirements to provide the public with access to the meetings a s prescribed in section
54953(e)(2); and
WHEREAS, Government Code section 54593(e)(3) provides that to continue to
holding meetings of legislative bodies exclusively by teleconference, the legislative body
must reconsidered the circumstances of the state of emergency every 30 days, and find
that either (i) the state of emergency continues to directly impact the ability of the
members to meet safely in person, or (ii) State or local officials continue to impose or
recommend measures to promote social distancing; and
WHEREAS, the City Council has reconsidered the circumstances of the state of
emergency that now exists, specifically defined in the County of Santa Clara
proclamation of a local emergency beginning February 3, 2020, the City of Cupertino
proclamation of a local emergency on March 11, 2020, the Governor of the State of
California proclamation of a state of emergency beginning on March 4, 2020, and the
national emergency declaration in Proclamation 9994 of March 13, 2020, beginning March
1, 2020, concerning the COVID-19 pandemic; and
WHEREAS, the County of Santa Clara Health Officer order dated June 21, 2021
and the California Department of Industrial Relations Revised Emergency Temporary
Standards, effective June 17, 2021, continue to require or recommend social distancing in
the workplace in certain circumstances; and
WHEREAS, the Health Officer Order, the Revised Emergency Temporary
Standards, and evidence documenting the transmission of COVID-19 in indoor spaces
establishes that the state of emergency continues to directly impact the ability of the
members to meet safely in person; and
WHEREAS, based on the above findings, the Cupertino City Council hereby
determines that the legislative bodies of the City of Cupertino shall continue to conduct
their meetings without compliance with Government Code section 54953 (b)(3), as
authorized by Government Code section 54953(e), and that such legislative bodies shall
comply with the requirements to provide the public with access to the meetings as
prescribed in section 54953(e)(2); and WHEREAS, the City has and will continue to
provide access for the public to legislative meetings and procedures through video
teleconference technologies; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino does hereby:
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Resolution No. 21-098
Page 3
Section 1. Remote Teleconference Meetings. The City Manager and legislative
bodies of the City of Cupertino are hereby authorized and directed to meet exclusively
by teleconference and to take all actions necessary to carry out the intent and purpose of
this Resolution, including conducting open and public meetings in accordance with
Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 2. Effective Date of Resolution. This Resolution shall take effect
immediately upon its adoption and shall be effective through December 30, 2021, or such
time as the City Council adopts a subsequent resolution in accordance with Government
Code section 54953(e)(3) to extend the time during which the City Council of the City of
Cupertino may continue to teleconference without compliance with Government Code
section 54953(b)(3).
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 30th day of November 2021, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
_____________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
_____________
Kirsten Squarcia, City Clerk
________________________
Date
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RESOLUTION NO. 21-098
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF CUPERTINO FOR THE PERIOD
NOVEMBER 2, 2021 THROUGH DECEMBER 2, 2021 PURSUANT TO BROWN ACT
PROVISIONS
WHEREAS, the City of Cupertino is committed to preserving and nurturing public
access and participation in meetings of the City Council, commissions, and committees;
and
WHEREAS, all meetings of the City of Cupertino's legislative bodies are open and
public, as required by the Ralph M. Brown Act (Government Code sections 54950-54963),
so that any member of the public may attend, participate, and watch the City's legislative
bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions
for remote teleconferencing participation in meetings by members of a legislative body,
without compliance with the requirements of Government Code section 54953(b )(3),
subject to the existence of certain conditions; and
WHEREAS, a required condition for holding meetings exclusively by
teleconference is that a state of emergency is declared by the Governor pursuant to
Government Code section 8625, proclaiming the existence of conditions of disaster or of
extreme peril to the safety of persons and property within the state caused by conditions
as described in Government Code section 8558; and
WHEREAS, Government Code section 54953(e) further requires that in order to
authorize meetings exclusively by teleconference, a legislative body must determine that
state or local officials have imposed or recommended measures to promote social
distancing, or that meeting in person would present imminent risks to the health and
safety of attendees; and
WHEREAS, on October 5, 2021, the Cupertino City Council made the findings
required under Government Code section 54953(e) and resolved that the legislative
bodies of the City of Cupertino shall conduct their meetings without compliance with
Government Code section 54953 (b)(3), as authorized by Government Code section
54953(e), and that such legislative bodies should comply with the requirements to
provide the public with access to the meetings as prescribed in section 54953(e)(2); and
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Resolution No. 21-098
P age3
WHEREAS, Government Code section 54593(e)(3) provides that to continue to
holding meetings of legislative bodies exclusively by teleconference, the legislative body
must reconsidered the circumstances of the state of emergency every 30 days, and find
that either (i) the state of emergency continues to directly impact the ability of the
members to meet safely in person, or (ii) State or local officials continue to impose or
recommend measures to promote social distancing; and
WHEREAS, the City Council has reconsidered the circumstances of the state of
emergency that now exists, specifically defined in the County of Santa Clara
proclamation of a local emergency beginning February 3, 2020, the City of Cupertino
proclamation of a local emergency on March 11, 2020, the Governor of the State of
California proclamation of a state of emergency beginning on March 4, 2020, and the
national emergency declaration in Proclamation 9994 of March 13, 2020, beginning
March 1, 2020, concerning the COVID-19 pandemic; and
WHEREAS, the County of Santa Clara Health Officer order dated June 21, 2021
and the California Department of Industrial Relations Revised Emergency Temporary
Standards, effective June 17, 2021, continue to require or recommend social distancing in
the workplace in certain circumstances; and
WHEREAS, the Health Officer Order, the Revised Emergency Temporary
Standards, and evidence documenting the transmission of COVID-19 in indoor spaces
establishes that the state of emergency continues to directly impact the ability of the
members to meet safely in person; and
WHEREAS, based on the above findings, the Cupertino City Council hereby
. determines that the legislative bodies of the City of Cupertino shall continue to conduct
their meetings without compliance with Government Code section 54953 (b)(3), as
authorized by Government Code section 54953(e), and that such legislative bodies shall
comply with the requirements to provide the public with access to the meetings as
prescribed in section 54953(e)(2); and WHEREAS, the City has and will continue to
provide access for the public to legislative meetings and procedures through video
teleconference technologies; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino does hereby:
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Re soluti on N o. 21 -0 98
Pa ge 3
Section 1. Remote Teleconference Meetings. The City Manager and legislative
bodies of the City of Cupertino are hereby authorized and directed to meet exclusively
by teleconference and to take all actions necessary to carry out the intent and purpose of
this Resolution, including conducting open and public meetings in accordance with
Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 2. Effective Date of Resolution. This Resolution shall take effect
immediately upon its adoption and shall be effective through December 2, 2021, or such
time as the City Council adopts a subsequent resolution in accordance with Government
Code section 54953(e)(3) to extend the time during which the City Council of the City of
Cupertino may continue to teleconference without compliance with Government Code
section 54953(b)(3).
PASS ED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of November 2021, by the following vote:
Vote Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
y
City of
ATTEST:
~~
Kirsten Squarcia, City Clerk
Date
/( /, 7 /,_,
Date
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CITY OF CUPERTINO
Agenda Item
21-10161 Agenda Date:
11/30/2021 Agenda #: 2.
Subject:Conference with Legal Counsel - Existing Litigation (Gov. Code § 54956.9(a)): Participation in
nationwide opioids settlements
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CITY OF CUPERTINO
Agenda Item
21-10192 Agenda Date:
11/30/2021 Agenda #: 3.
Subject:Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to Gov.
Code § 54956.9(c) (one case)
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CITY OF CUPERTINO
Agenda Item
21-10193 Agenda Date:
11/30/2021 Agenda #: 4.
Subject:Conference with Legal Counsel - Anticipated Litigation: Significant exposure to litigation pursuant
to Gov. Code § 54956.9(d) (one case)
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CITY OF CUPERTINO
Agenda Item
21-10194 Agenda Date:
11/30/2021 Agenda #: 5.
Subject:Public Employee Performance Evaluation (Gov. Code § 54957(b)(1)); Title: Interim City Manager
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