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