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CC 12-13-2022 Item No. 1. Council Orientation and Training_Staff PresentationsTuesday, December 13th COUNCIL ORIENTATION Community Hall WELCOME & OVERVIEW 9am-10:25am •CM&CC Form of Governance •Communication to City Team & Staff •Overall City Structure (Org Chart) •City Team Operation Overview •Orientation Logistics Follow-Up (Badge, Email, Printouts, etc.,.) •Debra's Role vs. Legislative Aide Recruitment Organizational Chart Governance Framework Effective Councils Focus on Outcomes & Priorities Questions Clerks Office 10:30am-11:10am City Clerk’s Office Overview ●Elections Official ●Legislative Administrator ●City Records Manager ●Political Reform Act ●Public Records Act ●Brown Act ●Commission Vacancies City Clerk’s Office Elections Official ●Assists City Council candidates ●Campaign disclosure documents ●Certification of election results ●Initiatives, referendums, and recalls City Clerk’s Office Legislative Administrator ●Oversees recording of official proceedings ●Attends meetings ●Prepares agendas ●Legal notifications ●Official minutes ●Council actions,ordinances,and resolutions ●Liaison between the public and City Council ●Arranges for ceremonial functions City Clerk’s Office Records Management ●City-wide preservation of the public record ●Ensures compliant records retention o Electronic content o Offsite Storage ●Indexes and files all legislative actions o Agenda packets, ordinances, resolutions, minutes, agreements City Clerk’s Office Boards and Commissions ●Annual recruitments, special recruitments o All City Commissions o Teen Commission o Economic Development Committee ●Onboarding ●Resignations and alternates ●Review of all final agendas City Clerk’s Office Automated Programs ●Legistar –agenda management ●DisclosureDocs -Form 700s and ethics training ●CampaignDocs -reports and statements ●NextRequest -public records portal ●Netfile -online lobbyist filer portal City Clerk’s Office Other Functions ●Public inquiries and services o appeals, claims, notaries, proof of life certificates, inspection of records ●Liaison for Cupertino Weed and Brush Abatement Programs ●Researches records for City departments Meeting Agendas ●Placing items on the agenda o Mayor, along with City Manager o Two Councilmembers ●Parliamentary procedure o Rosenberg’s Rules of Order ●Agenda packet through o Link emailed to Council o InSite calendar o iLegislate app Meeting Logistics ●Regular and Special meetings ●Schedule closed sessions Community Hall or Conf. Rm. C ●Dinner orders prior to meetings/drinks in Community Hall fridge Cupertino website information ●Municipal Code link ●City-wide Records link (Laserfiche) ●City Calendar and Agendas (Insite) Records Request Data 44 51 92 87 78 116 127 120 253 251 0 50 100 150 200 250 300 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 PRAs by Year 32 36 33 44 48 47 59 62 24 24 24 24 24 24 24 24 0 10 20 30 40 50 60 70 2015 2016 2017 2018 2019 2020 2021 2022 # Council Meetings by Year Council Meeting Data Questions INFORMATION & TECHNOLOGY 11:15am-12pm Agenda IT Team TIC Commission Council Tools IT Team •Department reports to City Manager •Five Divisions: Applications, GIS, Infrastructure, Admin, Video •Common Skillset: •Exemplary Customer Service •Project Management •Tactical Planning •Data Analysis •Process Improvement •Innovative •Cost Conscious •Budgeting (Managers + Admin Staff) •Collaborative IT Team -Applications Value to Cupertino Enterprise Apps (ERP, Permit, P&R…) Develop App (Mobile & Cloud) App Integration City Website & Intranet Analytics & Reporting Business Intelligence UI Design Process Design & Improvement Nidhi Mathur Ross Slaney Max Sloan IT Team -GIS Value to Cupertino Data Governance (Records Retention) GIS Applications (Asset Management, 311) 3D Visualization Mobile Data Collection Develop Apps (Mobile & Cloud) Spatial Data Modeling Geo based Analysis Aerial & Lidar Acquisition / Mapping Teri Gerhardt Adam Araza Andy Badal IT Team -Infrastructure Value to Cupertino Network Operations Help Desk Cybersecurity Business Continuity & Disaster Recovery Telecommunications Systems Management Video Capture Technology Refresh Quinton Adams Iqraam Nabi Toan Quach IT Team -Video Pete Coglianese Multimedia Communications Specialist Value to Cupertino •City Meeting Broadcast Production •Video Production/Promotion/PSA •Zoom Management and Support •TV, Radio, Online Programming •A/V Design, Maintenance, and Support Reinaldo Delgado Multimedia Communications Specialist Michelle Martin Multimedia Communications Specialist Torin Scott Multimedia Communications Specialist IT Team -Administration Value to Cupertino Leadership & Team Build TIC Commission Team Development Budget IT Policies Strategic Master Plans Organizational Transformation Centralized Tech Procurement Bill Mitchell Marilyn Monreal Commission •Technology Information & Communication Commission •Active in Promoting Technology •Meet once per month Council •Council Technology Policy •Cybersecurity Education and Tools •Dais Walk Through •Online Tools Questions ADMINISTRATIVE SERVICES 1pm-2:25pm Administrative Services Administration Management, Strategic Planning, Governance, Policy Setting and Leadership Grants Management Department Strategic Planning Administrative Support Fiscal Strategic Committee Finance Accurate and timely maintenance of all City Financial Records in compliance with Federal, State and other regulatory reporting Treasury Internal/External Reporting Accounts Receivable Accounts Payable Business Licenses Audit Committee Payroll Human resources Administration of Human Resources Services Recruitment & Selection Classification & Compensation Negotiations / Employee Relations Employee Training / Wellness Risk Management Budget Develops, delivers, and manages the annual operating budget Budget Development Budget Process Forecast Financial Policies OpenGov / Interactive Tools Financial Planning & Fiscal Analysis Financial Report Purchasing Centralized oversight and management over the City's procurement of goods and services Strategic Procurement Planning Quality Control Procurement Training Procurement Advice Procurment Reporting Administrative Services Key Projects ●Manage pilot hybrid grant administration program ●Enhance features in OpenGov (the City’s interactive financial portal), to increase financial transparency for internal and external stakeholders ●Coordinate RFP for External Auditors and Potential Tax Measures ●Lead, plan, and strategize potential impacts of California Department of Tax and Administration (CDTFA) Audit ●Manage the new internal audit program, currently in year two of the program ●Manage the external audit process to close out financial reporting related to fiscal year 2021 ●Manage and coordinate Citywide Fee Study (RFP pending) ●Collaborate with IT Department on selection of successor Enterprise Resource Planning software Financial Reports and Tools ●Annual Comprehensive Financial Report (ACFR) March ●Adopted Budget (May and June) ●Budget At a Glance ●Quarterly Budget Report (Nov, Mar and May) ●OpenGov ●Resident Tax Calculator ●Budget Forecast Tool www.Cupertino.org/budget Expense Category Summary of Items Budgeted FY23 Amended Budget Salary & Benefits Salary & Benefits for City Council and 7.3 FTEs $307,291 Materials $187,519 Council Supplies (includes council dinners and snacks)$58,655 Council Retreat $3,995 Fee Waiver $2,500 Tech Purchase $12,958 Meeting and Conference Attendance $31,277 Data Services Reimbursement $6,479 Sister City Visit $5,242 Mayors Fund $15,000* Various Memberships $51,213 Contracts LAFCO and City Manager /City Council Workshops $18,653 Contingencies For increased and unexpected expense $4,894 Total $518,357 *Spit between Mayorships and Fiscal Years, with outgoing Mayor leaving $7,500 for incoming Mayor Benefit Policy Description Department Responsible Health Benefits Elected Official Compensation Plan Choice of HMO and PPO plans with various levels of coverage. Administrative Services Dental and Vision Benefits Elected Official Compensation Plan Single plan all coverage levels Administrative Services Other Benefits Elected Official Compensation Plan EAP, Basic Life Insurance, FSA, 457 Administrative Services Retirement Benefits Elected Official Compensation Plan Optional CalPERS Tier 3 2% @60 and 1959 Survivor Benefit Administrative Services Rec Bucks Recreation Bucks Policy $500/calendar year Administrative Services Sports Center Membership City Council Summary of Benefits Free Annual Membership Parks and Recreation Council Technology Policy Elected Official Compensation Plan City I&T Staff will purchase a variety of equipment Innovation and Technology Fee Waivers Fee Waiver Procedure $500/per council member per year Parks and Recreation Questions CITY ATTORNEY OFFICE 2:30pm-3:55pm New Councilmember Orientation December 13, 2022 Brown Act Basics The Brown Act ●“All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting . . . except as otherwise provided in this chapter.” (Gov. Code, § 54953(a)) ●Legislative bodies must: ●Conduct business and make decisions only in open public meetings ●Publish and follow meeting agendas ●Provide an opportunity for public participation before making decisions. What Is a “Meeting”? ●“…[A]ny congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains” (Gov. Code, §54952.2(a)) ●Meetings include: ●Regular meetings ●Special meetings ●Emergency and adjourned meetings What Is Not a “Meeting”? ●Individual contacts ●Staff briefings (less than a quorum) ●Social and ceremonial gatherings ●Conferences/seminars ●Open, publicized community meetings (not City meetings) ●Meetings of other legislative bodies Serial Meetings ●Brown Act prohibits a series of communications of any kind (directly or through intermediaries) ●Wagon wheel or daisy chain Social Media ●Public official may communicate on social media platforms to: ●Answer questions ●Communicate with the public ●Members may not use social media to discuss official business among themselves ●No responses to other Councilmembers ●No likes ●No 🙁🙁 (Gov. Code, §54953(b)(3)) Agendas ●Council may only discuss agendized topics ●Agenda includes “brief general description” of item to be discussed (Gov. Code, §54952.2(a)(1)) ●Must be posted 72 hours before regular meeting and 24 hours before special meeting ●Limited discussion of non-agendized matters: ●Brief reports/announcements ●Asking a question for clarification ●Referring item to staff ●Briefly respond to public comments Public Participation ●Opportunity for public comment on: ●Any item within the subject matter jurisdiction of the legislative body (oral communications – regular meetings only) ●Specific items of business before or during the Council’s consideration ●Public right to review non-privileged documents distributed to a majority of the legislative body ●Comments may be anonymous Enforcement ●Demand for cure or correction ●Possible consequences of violation: ●Void Council action ●Injunction against future violations ●Attorneys’ fees award ●Criminal prosecution where violation is intentional Conclusion ●Resource: Open & Public V https://www.calcities.org/docs/default-source/city- attorneys/open-public-v-revised- 2016.pdf?sfvrsn=995414c9_3 ●City Attorney’s Office is here to help comply with the Brown Act –call/email/text us! Questions December 13, 2022 Conflicts of Interest Agenda ●Conflicts in making contracts (Gov. Code §1090) ●Political Reform Act ●Campaign Contributions (SB 1439) ●Gifts ●Common law conflicts of interest Gov. Code §1090 –Contracts ●A public officer or employee may not make contracts in which they are financially interested. ●“Making” a contract includes final approval, involvement in preliminary discussion, planning, negotiation, and solicitation of bids. ●Legislative body is barred from making the contract, unless an exception applies. Political Reform Act ●Public officials may not make or influence government decisions in which they know or should know they have a financial interest. ●Financial interest must be “material” (as defined in FPPC regulations) ●Effect on official must be distinguishable for effect on the “public generally” ●If a conflict exists, recusal is required. Recusal Procedures ●Publicly identify nature of the financial interest ●Refrain from participating in meeting ●Disqualified officer may speak during public comment if the conflict arises from a personal economic interest. Campaign Contributions (SB 1439) ●Applies to decisions relating to licenses, permits, or entitlements ●Officer may not receive/solicit campaign contributions from parties/financially interested persons – ●While proceeding is pending ●12 months before a decision is made ●12 months after a decision is made Gifts ●Officials prohibited from receiving: ●Gifts valued at $10 or more from a lobbyist registered under state law ●Gifts valued at $520 or more from any single source in previous 12-month period ●Gifts from a single source totaling $50 or more in a calendar year must be reported on Form 700 ●Numerous exceptions (e.g., gifts from family, home hospitality, gifts in a dating relationship) Common Law Conflicts ●Public officials cannot use their positions for personal gain. ●Avoidance of prejudice/due process requirements for quasi-adjudicatory decisions: ●Decision should be based on evidence in the record ●Officials should not be committed to an outcome before a hearing Conclusion ●Conflict of interest analysis is multi-layered and complex. ●When in doubt, consult the City Attorney’s Office. Questions