Cupertino Ethics Policy (Resolution No. 23-112)RESOLUTION NO. 23-021
A RESOLUTION OF THE CUPERTINO CITY COUNCIL ADOPTING
CUPERTINO CITY COUNCIL PROCEDURES MANUAL
WHEREAS, the Cupertino City Council has identified a need to adopt
policies and procedures governing the conduct of Council meetings and other
Council activities; and
WHEREAS, on February 7, 2023, the City Council considered proposed
policies and procedures at a duly noticed regular meeting of the City Council.
NOW, THEREFORE, BE IT RESOLVED that:
1.The City Council hereby adopts the Cupertino City Council Procedures
Manual attached hereto as Exhibit A. The Procedures Manual shall be
effective on February 8, 2023.
2.Resolution No. 19-062 and any other procedures, policies, or rules that are
inconsistent with the Council Procedures adopted herein are hereby
repealed and rescinded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of February, 2023, by the following vote:
Members of the City Council
AYES: Wei, Mohan, Fruen
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Hung Wei, Mayor
City of Cupertino
Date
Chao, Moore
None
None
02/09/2023
Resolution No. 23-021
Page 2
ATTEST:
Kirsten Squarcia, City Clerk Date
2/9/23
EXHIBIT A
1
City of Cupertino
City Council Procedures
Manual
Attachments:
Ex. A – Elected Officials’
Compensation Program
Ex. B – Council Technology Policy
Ex. C – Resolution No. 07-103
Ex. D – Municipal Code Chapter
2.17
Effective Date:
February 8, 2023
Responsible Departments:
City Manager’s Office
Related Policies & Notes:
See Exhibits A–D.
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.
2. Selection of the Mayor and Vice Mayor
2.1 Selection of Mayor and Vice Mayor. The Mayor and Vice Mayor shall be
selected annually at a special meeting on the second Thursday of December.
The Mayor and Vice Mayor shall not serve consecutive terms; provided,
however, this provision shall not prevent the Vice Mayor from succeeding to
the office of Mayor.
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.
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
2
turpitude, (c) abuse of illegal drugs or other controlled substances or habitual
intoxication, or (d) other illegal activities. 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. The Mayor or Vice
Mayor must be advised of the proposed cause for removal at least 72 hours
before any action is taken. If the Mayor is removed from office, the Vice Mayor
shall become Mayor. If either officer is removed from office, the Vice Mayor
3. Councilmember Committees and Subcommittees
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.
3.2 Instructions and Expectations. The Council shall make certain that all Council
committees and subcommittees are properly instructed in their assigned scope
of work and responsibilities. The committee’s or subcommittee’s jurisdiction
shall be defined in writing and approved by a majority of the City Council. All
Council committees and subcommittees having a continuing or indefinite
jurisdiction shall be subject to the Brown Act.
3.3 Reporting. Council committee and subcommittee members are to keep the
Council informed of the work and progress of their committee or
subcommittee. These reports or minutes shall be made in writing whenever a
recommendation is made to the Council.
4 Other City Commissions and Committees
4.1 Responsibility. The Council will make appointments to City’s commissions
and committees. Qualifications to serve on commissions and committees shall
be set forth in the Municipal Code or by a resolution or motion of the Council
that is not inconsistent with the Municipal Code. Appointment of
Councilmembers to City committees shall be governed by the procedures in
Section 3.
4.2 Attendance at Council Meetings. 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. Staff shall provide the commission with advance
3
notice for the commission to select a member to attend the City Council
meeting.
4.3 Performance Expectations. The Council shall make certain that all
commissions and committees are properly instructed on their responsibilities
and performance expectations. This will include the issuance of a Council-
approved Commission and Committee Handbook and a mandatory annual
training session for all Commission and Committee members.
4.4 Appointment. Commission and Committee applicants will be interviewed by
the Council before being voted on by the Council in a noticed public meeting.
Applicants are considered by motion and appointed by a majority vote of
Council. Two members of an immediate family or persons residing in the same
household shall not be allowed to serve simultaneously on the same
commission or committee. Immediate family members residing in the same
household as a Councilmember are not eligible for appointment to any
commission or committee. Former Councilmembers are not eligible for
appointment to any commission or committee within four years of having
served on the City Council.
4.5 Removal. The City Clerk shall remove commission members for failure to
comply with attendance policies adopted in the Commissioner’s 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.
4.6 Undue Influence on Commissioners. Councilmembers should not attempt to
influence or publicly criticize commission recommendations or to influence or
lobby individual commission members on any item under their consideration.
It is important for commissions to be able to make objective recommendations
to the City Council on items before them. Councilmembers that attempt to
influence commission positions on an item may prejudice or hinder their role in
reviewing the commission’s recommendation as a member of the City Council.
Individual Councilmembers shall have the right to attend meetings of
Cupertino commissions and other Cupertino governmental bodies but shall
refrain from speaking or becoming involved in deliberations.
5. Administrative Matters
5.1 Attendance. City Councilmembers acknowledge that attendance at lawful
meetings of the City Council is part of their official duty. Councilmembers shall
4
make a good faith effort to attend all such meetings. Council members shall
notify the Mayor or the City Clerk if they will be absent from a meeting.
Council attendance will be noted in the agenda of the next regular meeting and
thereafter for that calendar year, if five or more regular meetings are missed.
5.2 Correspondence. Proposed correspondence from the Mayor or other
Councilmembers on City stationery should generally be reviewed by the
Council in draft form prior to release. On occasion, there are urgent requests
from the League of California Cities for correspondence concerning legislation
directly affecting municipalities. If the Mayor and the City Manager agree that
the League’s position corresponds with that of the Council, the Mayor may
send a letter without first obtaining Council approval. City letterhead will be
made available for routine correspondence (e.g., thank you notes). Official
correspondence (including email) from Councilmembers should be respectful
and professional.
5.3 Regional Bodies. The Mayor shall appoint Councilmembers to represent the
City of Cupertino on regional bodies subject to ratification by the Council at its
next regular meeting. The Mayor should endeavor to provide all
Councilmembers a fair opportunity to represent the City. The positions taken
by the appointed representatives should be in alignment with the positions that
Council has taken on issues that directly impact the City of Cupertino. If an
issue arises that is specific to Cupertino and Council has not taken a position,
the issue should be discussed by Council prior to taking a formal position at a
regional board meeting to assure that it is in alignment with Council’s position.
Council representatives to such various boards shall keep the Council informed
of ongoing business through brief oral or written reports to the Council.
Councilmembers shall make a good faith effort to attend all regional meetings
that require a quorum of the appointed members to convene a meeting.
Attendance should not be less than 75% of all scheduled meetings. If a
Councilmember is unable to attend, they should notify their alternate as far in
advance of the meeting as possible so as to allow the alternate to attend.
5.4 Responses to Public. It will be the responsibility of the City Manager to ensure
a response is provided to public correspondence for informational requests
addressed to the Council. Staff shall respond to all requests for services as
appropriate, and the City Manager shall keep Council informed of the City
response.
5.5 Reimbursement. City Councilmembers may be reimbursed for expenses for
travel to and lodging at conferences or meetings related to their role as a
5
Councilmember as stated in the Elected Officials’ Compensation Program, as
may be amended from time to time (Exhibit A). Any additional expenses that
fall outside the scope of this policy may be reimbursed only if approved by the
City Council, at a public meeting before the expenses are incurred. Any request
for reimbursement of expenses shall be accompanied by an expense form and
receipts to document the expenditure. These documents are public records
subject to disclosure under the California Public Records Act. Councilmembers
shall be eligible to receive City-issued hardware and software for the conduct
of official business pursuant to the Council Technology Policy (Exhibit B).
5.6 Council Training. Any member of the City Council and City commissions or
advisory committees formed by the City Council shall receive ethics and anti-
harassment training required by state law. New members must receive the
training within their first year of service and shall comply with ongoing
training requirements imposed by state law. Members shall attend training
sessions that are offered locally in the immediate vicinity of Santa Clara
County, by completing online a state-approved public service ethics education
program, or through a state-approved training which may be provided at a
conference attended by the member. The City Clerk shall keep ethics training
records for five years.
5.7 Mayor’s Initiative Budget. The Mayor may use the Mayor’s initiative budget
established as part of the City Manager’s discretionary fund for projects that
the Mayor deems appropriate during the Mayor’s term of office, subject to the
requirements of Resolution No. 07-103 (Exhibit C). The amount of the Mayor’s
initiative budget is determined by the City Council.
6. Relationship with City Staff
6.1 Incorporation of Municipal Code by Reference. Cupertino Municipal Code
Chapter 2.17 (Exhibit D) governs the City Council’s relationship with the City
Manager and their staff under the Council-Manager form of government. To
the extent that the provisions of Chapter 2.17 are not set below, they are
incorporated by reference into this Manual.
6.2 Council/Manager Form of Government. Under the Council/Manager form of
government, the City Council sets policy direction as the direct representatives
of the community with the City Manager providing the professional expertise
to manage the organization and carry out the Council's direction. The City
Manager is responsible for carrying out the Council's policy direction through
the day-to-day management of City functions, including the oversight of City
6
operating departments. Neither individual Councilmembers nor the Council
as a whole shall interfere with the City Manager’s performance of the
administrative duties conferred upon them in Cupertino Municipal Code
section 2.28.040.
6.3 Council-Manager Relations. The City Council and its members shall deal
with the administrative services of the City only through the City Manager,
except for the purpose of inquiry, and neither the City Council nor any
Councilmember shall give orders to any subordinates of the City Manager.
The City Manager shall take instructions from the City Council only when
given at a duly held meeting of the City Council, and no individual
Councilmember shall give any instructions to the City Manager.
6.4 Individual Councilmember Influence on Staff Decisions Prohibited.
Individual Councilmembers shall not attempt to influence staff decisions,
recommendations, workloads, and schedules, and department priorities
without prior knowledge and approval of the City Council. If a
Councilmember wishes to influence the actions, decisions, recommendations,
workloads, work schedules and priorities of staff, that member must prevail
upon the City Council to do so as a matter of Council policy.
6.5 Decorum. All Councilmembers and City staff shall treat each other with
dignity, courtesy, and respect. In exercising the City Council’s policymaking
authority, Councilmembers must often critique, modify, or reject a staff
recommendation. While thorough vetting and criticism of staff policy
recommendations or decisions is a necessary component of Council’s
policymaking role, criticism should focus on the policy recommendations and
decisions and should avoid personal attacks. Councilmembers shall refrain
from publicly criticizing the general abilities, character, or motivations of any
staff member and should share any such concerns privately with the City
Manager or City Attorney.
6.6 Councilmember Access to Information. City Councilmembers have free
access to the flow of any information related to the operation of the City. The
City Manager shall ensure that such information is communicated by staff in
full and with candor to the Council. 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 workload or policy, which would require that it more appropriately
be assigned to staff through the collective direction of the City Council, based
7
on the guidelines set forth in Cupertino Municipal Code section 2.17.043. The
City Manager shall place requests that impose a significant workload on staff
on the Council agenda for review by the full Council, along with a statement
from that Councilmember as to why the information is needed. No
Councilmember shall circumvent the City Manager’s direction regarding a
request for information by seeking information through a Public Records Act
request.
6.7 Authority of City Council. Nothing in this Manual shall limit the City
Council’s power to accept, reject, amend, or otherwise guide and direct staff
actions, decisions, recommendations, workloads and schedules, department
priorities, and the conduct of city business through the office of the City
Manager. This power cannot be delegated to individual Councilmembers, nor
to committees composed of Councilmembers consisting of less than a quorum
of the City Council.
7. Agendas and Staff Reports
7.1 Future Agenda Items. The City Manager, the City Attorney, the Mayor, or any
two Councilmembers may request that an item be added to a future agenda for
Council action. The City Manager shall provide a quarterly report to Council
regarding the status of future agenda items, which may include a request to
remove items from the list of future agenda items. Any item may be removed
for the future agenda items list by a majority vote of the City Council.
7.2 Preparation of Agenda. The City Clerk shall prepare the agenda in
consultation with the City Manager, the Mayor, and the City Attorney. Absent
exigent circumstances, an item will be scheduled for Council action no sooner
than 14 days after receipt of a request to add the item to the future agenda
items list. Any item requiring preparation of a staff report requires City
Manager approval or, in case of a report prepared by City Attorney’s Office
staff, City Attorney approval, before being added to an agenda. The Mayor, in
consultation with the City Manager and the City Clerk, shall determine the
order of items on the agenda.
7.3 Agenda Item Descriptions. Each agenda item shall include a brief general
description of the matter to be discussed (approximately 20 words in length),
including any action that may be taken under the California Environmental
Quality Act, and should generally include the recommendation of the City
Manager.
8
7.4 Staff Reports. Staff reports should include the following sections:
1. Subject
2. Recommended Action
2. Reasons for Recommendation
3. Sustainability Impact
4. Fiscal Impact
5. California Environmental Quality Act
7.5 Agenda Publication. Agenda packets for a regular meeting should be
published and delivered to Councilmembers no later than the Wednesday prior
to a Tuesday Council meeting. Councilmembers are encouraged to contact staff
in advance for answers to questions regarding an agenda packet. Written
communications addressed to Council shall be forwarded to Council and made
available to members of the public, consistent with the requirements of the
Brown Act.
7.6 Supplemental Materials. Supplemental reports and materials received by the
City Clerk after the agenda is published but before 12:00 p.m. on the Monday
prior to the City Council meeting shall be published and delivered to
Councilmembers at 5:00 p.m. on Monday. Supplemental reports and materials
received by the City Clerk after 12:00 p.m. on Monday but before 4:00 p.m. on
the day of the meeting shall be published and delivered to Councilmembers
prior to the Council meeting. Council questions and staff-prepared responses
will be included in supplemental materials provided to Council and the public.
8. Meeting Procedures
8.1 Meeting Schedule. The City Council conducts its regular meetings on the first
and third Tuesdays of the month, except when Council is in recess. At the
second regular meeting in January, the City Council will approve the schedule
of meetings for the calendar year, which in addition to the regular meeting
schedule may include the cancellation of regular meetings and the addition of
special meetings and study sessions. This practice does not, however, preclude
the Mayor or a majority of the members of the City Council from calling
additional meetings pursuant to the Brown Act.
8.2 Rules of Order. City Council meetings shall be governed by Rosenberg’s Rules
of Order except as otherwise provided by this Manual. Unless otherwise
required by state law or City ordinance, decisions of the Council shall be made
by a majority of members present and voting. The Mayor may impose
additional reasonable procedural rules not inconsistent with Rosenberg’s Rules
9
of Order and the provisions of this Manual, unless objected to by a majority of
Councilmembers present.
8.3 Order of Business. The order of agenda items for regular Council meetings is
as follows:
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Closed Session Report
5. Ceremonial Items
6. Postponements and Orders of the Day
7. Oral Communications (public comment on non agenda matters)
8. Consent Calendar
9. Public Hearings
10. Action Calendar
11. Items Removed from the Consent Calendar
12. Council Reports and Comments
13. City Manager Report
14. Oral Communications (continued)
15. Informational Items
16. Council and Staff Comments and the Future Agenda Items
17. Adjournment
Oral communications shall be limited to 30 minutes. Additional speakers
wishing to comment on non-agenda items may be given time to speak at the
end of the agenda, after the City Manager’s report. In the absence of an
objection made by a majority of Councilmembers present and voting, the
Mayor may modify the order of business to facilitate the fair and efficient
conduct of Council meetings.
8.4 Consent Calendar.
8.4.1 Adding Item to Consent Calendar. The Mayor, the City Manager, the
City Attorney, or the City Clerk may recommend that items appearing
on the agenda be placed on the consent calendar for action by the City
Council. All items placed on the consent calendar shall appear together
on the agenda with the recommendation as to the action to be taken by
the City Council with respect to such item. Upon the motion of any
member of the City Council, all items placed upon the consent calendar
10
may be acted upon together, and each shall be deemed to have received
the action recommended.
8.4.2 Removing Item from Consent Calendar. Items may be removed from
the consent calendar only by a member of the City Council. Any
member of the City Council who would like to remove any item from
the consent calendar shall notify the City Manager and the City Clerk
prior to the meeting; provided, however, each Councilmember may
remove one item from the consent calendar without providing notice
before the Council meeting begins. Although members of the City
Council are encouraged to ask questions and share concerns about the
agenda item with staff before the meeting, they are not required to do
so. Items removed from the consent calendar shall be placed at the end
of the agenda for consideration.
8.5 Public Comment. An opportunity for public comment shall be provided for
the consent calendar, each other agenda item under consideration, and, during
regular meetings, on any matter that is within the subject matter jurisdiction of
the City Council. The Mayor may consolidate public comment for related
agenda items, subject to overruling by a majority vote of the Council. Non-
agenda matters (including Council and staff reports and informational items)
may be addressed by the public during oral communications. Members of the
public wishing to speak regarding an item shall submit a request to comment
to the Clerk (“blue card”) or, where applicable, raise their hand in Zoom within
nine minutes of the time the Mayor opens public comment or prior to the close
of public comment on the item, whichever is earlier. Each individual speaker
will ordinarily have up to three minutes to address the Council. If a speaker
representing five or more members of the public in attendance and wishing to
comment on the item but electing not to speak, the speaker may have up to 10
minutes to address the Council. Consolidation of time among speakers is not
otherwise allowed. If a large number of speakers wish to address Council on an
item, the Mayor may reduce the time allotted to each speaker consistent with
the Brown Act. Twice the speaking time will be provided to any member of the
public who uses a translator.
8.6 Communications with Members of the Public. The City Council may ask
questions of speakers providing public comment but should avoid an extended
discussion with members of the public during meetings. Additionally, when a
member of the public provides comments regarding a matter that is not on the
agenda, Councilmembers may (1) refer the speaker to staff; (2) refer the speaker
11
to appropriate reference material; (3) request that staff report back at a future
meeting; or (4) request that staff place the item on a future agenda.
Councilmembers should not otherwise respond to or comment on an item of
business that is not on the agenda. City staff should generally avoid responding
to comments or questions from members of the public during Council
meetings, although the City Manager or City Attorney may offer to arrange a
time to discuss the subject matter of public comments with members of the
public subsequent to the Council meeting.
8.7 Conduct of Meetings
8.7.1 Councilmembers. Members of the City Council value and recognize the
importance of the trust invested in them by the public to accomplish the
business of the City. Councilmembers shall accord courtesy to each other,
to City employees, and to members of the public appearing before the
City Council.
8.7.2 City Employees. City staff shall observe the same rules of decorum
applicable to the City Council. City staff shall act at all times in a
businesslike and professional manner towards Councilmembers and
members of the public.
8.7.3 Members of the Public. Members of the public attending City Council
meetings are encouraged to treat Councilmembers, City staff, and other
members of the public with the same courtesy that Councilmembers and
City staff must accord to them. Any members of the public who engages
in conduct that disrupts a City Council meeting shall be removed from the
meeting. Nothing in this Manual or any rules of conduct that may be
adopted by the City Council shall be construed to prohibit public criticism
of the policies, procedures, programs, or services of the City, or of the acts
or omissions of the City Council, City advisory bodies, or City staff.
8.8 Discussion and Deliberation
8.8.1 Ex Parte Contacts. Councilmembers shall disclose any ex parte
communications prior to deliberation on a quasi-judicial matter. A quasi-
judicial matter is typically a hearing in which the City Council hears
evidence and makes findings of fact to reach a conclusion based on the
applicable law. An ex parte communication occurs when a
Councilmember hearing a quasi-judicial matter communicates directly or
12
indirectly with any person or party in connection with a matter before the
Council, without notice and the opportunity for all parties to participate.
8.8.2 Relevance. All discussion must be relevant to the issue before the City
Council. A Councilmember is given the floor only for the purpose of
discussing the pending matter; discussion which departs from the item
agendized for discussion is out of order. Councilmembers should avoid
repetition and shall not discuss matters that are not on the agenda.
Arguments for or against a measure should be stated as concisely as
possible.
8.8.3 Council Questions and Deliberations. Councilmembers may obtain the
floor by seeking recognition from the Mayor. Following presentations to
Council on an agenda item, Councilmembers shall each be given five
minutes to ask questions of any presenter. The Mayor may allow
additional time for questions where appropriate. Following public
comment, the Mayor may request that a motion be made and seconded.
After the motion has been stated to the Council and seconded, any
member of the Council has a right to discuss the motion after obtaining
the floor. A member who has been recognized shall limit their time to
five minutes. The Mayor may allow additional time for deliberations
where appropriate. This rule shall displace any conflicting rule in the
City’s adopted rules of procedure.
8.8.4 Opportunity for Equal Participation. It is the policy of the Council to
encourage the full, fair participation of all members of the Council in
discussions and deliberations. The Mayor may impose reasonable limits
on the time any Councilmember is permitted to speak to advance this
policy. In addition, all Councilmembers wishing to be recognized should
be given an opportunity to speak before any member is allowed to speak a
second time.
8.8.5 Civility. While it is appropriate to vigorously debate a motion, its nature,
or its consequences, Councilmembers shall avoid attacks on the motives,
character, or personality of other Councilmembers, City staff, and
members of the public. The Mayor shall rule out of order any
Councilmember who engages in such attacks.
8.8.6 Role of the Mayor. The Mayor has the responsibility for controlling and
expediting the discussion of an agenda item. It is the duty of the Mayor to
13
keep the subject clearly before the Councilmembers, to rule out irrelevant
discussion, and to ensure civil discussion among Councilmembers.
8.9 Meeting Length. Meetings of the City Council shall adjourn by 11:00 p.m.
unless the time of adjournment is extended by a vote of a majority of the City
Council. Discussion of an agenda item shall not begin after 10:30 p.m. Any
motion to extend the meeting beyond 11:00 p.m. shall include a list of specific
agenda items to be discussed or approved and shall specify the order these
items shall be considered. If a meeting continues past 11:00 p.m., it shall end at
11:30 p.m. All meetings shall be adjourned at 11:30 p.m. unless by a vote of a
majority of the City Council suspends this rule and Council votes
affirmatively to extend the meeting past 11:30 p.m. Following the
adjournment of the meeting, any remaining items on the agenda shall be
continued to the next regular meeting of the City Council.
8.10 Public Hearing Procedures. The order of proceeding where there is a public
hearing item (non-appeal items) before the City Council shall be as follows:
1.Open Public Hearing
2.Staff Report (preferably 10 minutes)
3.Applicant’s presentation (where applicable) (preferably 8 minutes)
4.Questions from the Council
5.Public comment
6.Applicant’s response to public comment (where applicable) (preferably 2
minutes)
7.Close Public Hearing
8.City Council discussion and vote
Where the public hearing involves an appeal of a decision to the City Council,
the order of proceeding shall be as follows:
1.Open Public Hearing
2.Staff Report (preferably 10 minutes)
3.Appellant’s statement (preferably 8 minutes)
4.Applicant’s statement (where applicable) (preferably 8 minutes)
5.Questions from the Council
6.Public comment
7.Applicant’s response to public comment (where applicable) (preferably 2
minutes)
8.Appellant’s response to public comment (preferably 2 minutes)
9.Close Public Hearing
10.City Council discussion and vote
14
8.11 City Council Recess Period. The City Council recess period shall begin the first
Tuesday in August at 12:00 a.m. and end the Tuesday following Labor Day at
12:00 a.m. During any recess period, the City Manager is authorized to take
such ministerial actions for matters of operational urgency, including such
emergency actions as are necessary for the immediate preservation of the
public peace, health, or safety, as would normally be taken by the City Council
during the period of recess, except for those duties specifically reserved to the
Council by law. This authority extends throughout the period of recess
established by the City Council and includes the authority to execute
agreements and make expenditures necessary for the exigent operational
matters. The City Manager shall make a full and complete report to the City
Council at its first regularly scheduled meeting following the period of recess
of actions taken by the City Manager pursuant to this section, at which time the
City Council may make such findings as may be required to ratify the actions
of the City Manager. Nothing in this Section prevents the City Council from
calling a special meeting during the recess period.
9. Closed Sessions
A closed session may be held at any regular or special meeting for any purpose
authorized by the Brown Act. The City Attorney will schedule closed session
meetings in consultation with the Mayor and the City Manager. Public comment
shall be received in open session prior to a closed session. To ensure strict
compliance with the Brown Act, the City Attorney or the City Attorney’s designee
shall report out in public session any reportable action taken during closed session
and any other information from closed session authorized to be disclosed based on a
majority vote of the City Council.
10. Enforcement of Rules; Suspension of Rules
The City Council may enforce repeated or serious violations of the rules set forth in
this Manual through a censure action placed on a Council agenda. Nothing in this
Manual shall be cited to invalidate a properly noticed and acted upon action of the
City Council. Any rule set forth in this Manual may be suspended by a three votes of
the Council.
1
EXHIBIT A
City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 1
PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy that those certain persons holding positions hereinafter
defined and designated as elected official positions shall be eligible for participation under
the Elected Officials Compensation Program as hereby adopted by action of the City Council
and as same may be amended or as otherwise modified from time to time.
Eligibility for inclusion with this Compensation program is limited to persons holding
positions as elected officials. These are designated by the voters and may be modified as
circumstances warrant.
The position in the following classification has been designated as elected official.
ELECTED OFFICIAL CLASSIFICATIONS:
Classification Title City
Council Member
Adopted by Action of the City Council,
July 2013
2
City of Cupertino
ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 2
SALARY SCHEDULE
As rates of pay are set forth under the Cupertino Municipal Code 2.16.020, and
hereby adopted by action of the City Council, so are those rates of pay included herein as
a part of this Compensation program. The inclusion herein of said rates and schedules
does not affect any effective dates or otherwise reflect on the approval processes required
but is shown as an integral part of this Program for completeness of record.
Adopted by Action of the City Council
July, 2013, October 2016
3
City of Cupertino
ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 3
TRAINING AND CONFERENCES
I. POLICY
It is City of Cupertino policy that members of the City Council and the Council’s
commissions and committees, shall be reimbursed or receive a direct advance according
to the schedules, terms and conditions as set forth herein for the expenses authorized
below. This policy is established in accordance with California Government Code
Sections 53232.2 and 53232.3.
III. AUTHORIZED EXPENSES
The City Council and their commission and committee members can receive
reimbursements or advances toward actual and necessary expenses incurred by
participating in the following activities or events:
1. Communicating with representatives of regional, state and national government
on City adopted policy positions;
2. Attending seminars, conferences, and training to improve skill and information
levels;
3. Participating in regional, state and national organizations whose activities affect
the City’s interests (such as the League of California Cities);
4. Attending International Conferences, budget limited to $2,500 per fiscal year,
provided there is a benefit to the City;
5. Attending City events;
1. Attending functions of other local civic or community organizations where there is
a clear nexus between the event and the member’s attendance as an official
representative of the City. Purely social events, service club dues and meals, and
political or charitable contributions or events would be excluded. For purposes of
this section, reimbursable fundraisers and events include, but are not limited to,
Cupertino Union School District, Fremont Union High School District, Foothill De
Anza Community College District, Silicon Valley Leadership Group, Cupertino
American Cancer Society (ACS) Relay for Life and Cupertino Chamber of
Commerce activities.
4
The City will not reimburse or advance payment toward expenses including, but not
limited to:
1. The personal portion of any trip;
2. Family expenses, including those of a partner when accompanying Council or
commission member on City related business, as well as child or pet related
expenses.
3. Entertainment expenses, including theatre, shows, movies, sporting events, golf,
spa treatments, etc.
4. Meals and entertainment paid on behalf of third parties outside of the City;
5. Gifts of any kind for any purpose;
6. Alcoholic beverages;
7. Non mileage personal automobile expenses including repairs, insurance,
gasoline, traffic citations; and
8. Personal losses incurred while on City business.
IV. BUDGETARY LIMITATIONS
Reimbursement or advancement of expenses shall not exceed budgetary limitations.
Changes in appropriations will be done through the budget process.
V. REIMBURSEMENT AND ADVANCE SCHEDULE
A. Intent
This schedule is written with the intent that the City Councilmember, commissioner, or
committee member will make every effort to find the lowest possible cost to the City for
traveling on City business. For example, if paying for parking at the airport is less
expensive than paying for a taxi or airport shuttle, then officials should drive their car
and park at the airport; or if renting a car is lower than taking taxis at the out of town
location, then a car should be rented. Air reservations should be booked in advance to
obtain discounted fares. The following procedures apply whether the expense is being
paid through a reimbursement or a direct advance.
5
B. Local Area
The local area is defined to be within Santa Clara and San Mateo Counties and within a
40 mile distance from Cupertino when traveling to Alameda County.
C. Registration
The City will pay the registration fee for authorized attendance at a convention,
conference, seminar or meeting.
D. Transportation
The City will pay transportation costs on the basis of the lowest cost intent stated in
paragraph A. Eligible transportation costs include airfare (with coach fare being the
maximum), van or taxi service to and from the attendee’s home and airport, destination
or airport parking charges, taxi and shuttle services at the out of town location, trains,
tolls, or rental cars. Use of a personal automobile for City business shall be reimbursed or
advanced at the rate per mile in effect for such use, except in no case shall it exceed air
coach fare if the vehicle is being used for getting to the destination. Government or group
rates offered by a provider of transportation must be used when available.
E. Lodging
Hotel or lodging expenses of the City official resulting from the authorized event or
activity defined in this policy will be reimbursed or advanced if the lodging and event
occur outside the local area. Not covered will be lodging expenses related to person(s)
who are accompanying the City member, but who themselves are not on City business.
In this instance, for example, the difference between single and multiple occupancy rates
for a room will not be reimbursed.
Where the lodging is in connection with a conference or other organized educational
activity, City paid lodging costs shall not exceed the maximum group rate published by
the conference or activity sponsor, providing that lodging at the group rate is available at
the time of booking. If the group rate at the conference hotel is not available, then the
non conference lodging policy described in the next paragraph should be followed to
find another comparable hotel.
Where lodging is necessary for an activity that is not related to a conference or other
organized educational activity, reimbursement or advances shall be limited to the actual
cost of the room at a group or government rate. In the event that a group or government
6
rate is not available, lodging rates that do not exceed the median price for lodging for that
area and time period listed on travel websites like www.hotels.com, www.expedia.com
or an equivalent service shall be eligible for reimbursement or advancement.
F. Meals
1. No Conference
The actual cost of a meal can be claimed, within a standard of reasonableness, but
receipts must be kept and submitted for the expense incurred.
2. As Part of a Conference
When City officials are attending a conference or other organized educational
activity, they shall be reimbursed or advanced for meals not provided by the activity,
on an actual cost basis. The actual cost rate shall follow the rules described in the
meals with no conference paragraph.
G. Other Expenses
Payments toward or reimbursement of other expenses related to authorized activities or
events shall be limited to the actual costs consistent with the application of reasonable
standards. Receipts must be kept and submitted for all expenses.
VI. DIRECT CASH ADVANCE POLICY
From time to time, it may be necessary for a City official to request a direct cash advance
to cover anticipated expenses while traveling or doing business on the City’s behalf. Such
request for an advance should be submitted to the City Manager or Department Head no
less than seven days prior to the need for the advance with the following information: 1)
Purpose of the expenditure; 2) The anticipated amount of the expenditure (for example,
hotel rates, meal costs, and transportation expenses); and 3) The dates of the expenditure.
An accounting of expenses and return of any unused advance must be reported to the
City within 30 calendar days of the official’s return on the expense report described in
Section VII.
7
VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received must be
approved by the City Manager or Department Head, on forms determined by the Finance
Department, within 30 calendar days of an expense incurred, accompanied by a business
purpose for all expenditures and a receipt for each item other than mileage. The report
will be a public record subject to disclosure under the Public Records Act.
VIII. REPORTS TO CITY COUNCIL OR COMMISSIONS
At the next regular City Council or commission meeting, each councilmember or
commissioner shall briefly report on publicly noticed meetings attended at City expense.
If multiple members attended the meeting, a joint report may be made.
IX. POLICY VIOLATIONS
Violations of this policy including falsifying expense reports may result in any or all of
the following: (1) loss of reimbursement privileges, (2) demand for restitution to the City,
3) civil penalties of up to $1,000 per day and three times the value of the resources used,
and 4) prosecution for misuse of public resources.
Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92, 12/07, 7/10
8
City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 4
MILEAGE REIMBURSEMENTS
It is City of Cupertino policy that eligible persons under this Compensation
Program shall be compensated fairly for the use of personal automotive vehicles on City
business. Those persons who occasionally are required to use their personal automobiles
for City business shall be reimbursed for such use at the established IRS rates. Submission
of reimbursement requests must be approved by the City Manager.
Adopted by Action of the City Council
July, 2013
9
City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 5
ASSOCIATION MEMBERSHIPS AND
PROFESSIONAL PUBLICATIONS
It is City of Cupertino policy that eligible persons under this Compensation
Program shall be entitled to City sponsored association memberships as well as receiving
subscriptions to professional and technical publications. Such sponsorship, however,
shall be conditioned upon the several factors as set forth below.
Each association for which membership is claimed must be directly related to the
field of endeavor of the person to be benefited. Each claim for City sponsored
membership shall be submitted with their concurrence to the City Manager for approval.
Subscriptions to or purchase of professional and technical publications may be
provided at City expense when such have been authorized by the City Manager
providing the subject matter and material generally contained therein are related to
municipal governmental operations.
Adopted by Action of the City Council
July, 2013
10
City of Cupertino
ELECTED OFFICIALS’ COMPENSATION
PROGRAM
Policy No. 7
HEALTH BENEFITS PLAN CITY
CONTRIBUTION
It is the policy of the City of Cupertino to provide group hospital and medical
insurance under which the elected official positions and their dependents may be
covered. The purpose of this program is to promote and preserve the health of
employees and their families through comprehensive health plans available only
through employer sponsorship.
Although the premium cost for the insurance provided remains the ultimate
responsibility of the employee in these positions, the City shall contribute the amounts
listed below towards the premium or pay the full cost of the premium if less than the
stated amounts. If the premium amounts for any employee covered by this policy are
less than the amounts listed below per month, the difference between the premium
amount and the stated amounts will be retained by the City.
Effective
January 1, 2020
City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 848.87 126.78 975.65
Employee +1 1,443.09 126.78 1,569.87
Employee +2 1,876.01 126.78 2,002.79
January 1, 2021 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 891.32 126.78 1,018.10
Employee +1 1,515.24 126.78 1,642.02
Employee +2 1,969.81 126.78 2,096.59
January 1, 2022 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 935.88 126.78 1,062.66
Employee +1 1,591.01 126.78 1,717.79
Employee +2 2,068.31 126.78 2,195.09
11
Dental Coverage: Effective the first month after Council adoption of MOU, dental coverage is
capped at $2,500.00 per dependent per annual plan year for the term of this contract.
Adopted by Action of the City Council
July, 2013, October 2016, July 2019,
December 2019, January, 2023
12
City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 9
LIFE INSURANCE
It is the policy of the City of Cupertino to provide life insurance benefits to the
elected officials to a maximum of $16,000.
The elected officials may enroll in the life insurance program offered if eligible
under the contract provisions of the policy and the personnel rules of the City. The full
cost of premiums for these programs shall be paid by the City for such individuals.
Adopted by Action of the City Council
July, 2013
13
City of Cupertino
ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 10
DEFERRED COMPENSATION
It is the policy of the City of Cupertino to provide equitable current compensation
and reasonable retirement security for the elected officials for services performed for the
City. The City participates in the California Public Employees’ Retirement System (PERS)
and deferred compensation plans have been established. Both the elected official and City
may make contributions from current earnings to these plans. The purpose of this policy
is to promote means by which compensation may be provided in such manner and form
to best meet the requirements of the City and the needs of the elected officials. .
The City shall maintain and administer means by which the elected officials in
these positions may defer portions of their current earnings for future utilization. Usage
of such plans shall be subject to such agreements, rules and procedures as are necessary
to properly administer each plan. Individual contributions to such plans may be made in
such amounts as felt proper and necessary to the elected official. The City contributions
shall be as determined by the City Council.
Adopted by Action of the City Council
July, 2013
14
City of Cupertino
ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 11
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CONTRIBUTION
A. Council Members occupying office on or before December 29, 2012 Only:
For Council Members occupying office on or before December 29, 2012, the City has
contracted with CalPERS for a 2.7% @55 retirement formula.
Effective in the first full pay period in July 2017, each employee shall pay the full 8.0%
of applicable salary of the employee’s contribution towards CalPERS.
B. Council Members occupying office on December 30, 2012 or December 31, 2012 or a
current CalPERS employee who qualifies as a classic member under CalPERS
Regulations Only.
For Council Members hired on December 30, 2012 or December 31, 2012 or a current
CalPERS employee who qualifies as a classic member under CalPERS Regulations only
the City has contracted with CalPERS for a 2.0% @ 60 retirement formula, three year
average compensation
Effective January 1, 2017, the City shall not pay the employee’s contribution rate to the
California Public Employees Retirement System (CalPERS) and each employee shall pay
the full 7% of applicable salary of the employee’s contribution towards CalPERS.
C. For Council members occupying office on of after January 1, 2013, or former
CalPERS employees that do not qualify as Classic employees hired by the City of
Cupertino on or after January 1, 2013
For Council Members occupying office on or after January 1, 2013 CalPERS has by
statute implemented a 2% @ 62 formula, three year average and employees in this
category shall pay 50% of the normal cost rate as determined by CalPERS.
Adopted by Action of the City Council
July, 2013, October 2016, July 2019
15
City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 12
DENTAL INSURANCE CITY CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which
the elected official positions and their dependents may be covered.
The premium cost for the insurance provided by the City shall not exceed $126.78*
per month per individual. Enrollment in the plan or plans made available pursuant to
this policy shall be in accordance with Personnel Rules of the City and the provisions of
the contract for such insurance between the City and carrier or carriers.
Dental Coverage: Effective the first month after Council adoption of agreement, dental
coverage is capped at $2,500.00 per dependent per annual plan year for the term of this
contract.
Adopted by Action of City Council
July, 2013, October 2016, July 2019
16
City of Cupertino
ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 14
EMPLOYEE ASSISTANCE PROGRAM
It is the policy of the City of Cupertino to provide an Employee Assistance
Program for the benefit of the elected officials and their eligible dependents. The purpose
of this program is to provide professional assistance and counseling concerning financial,
legal, pre retirement, and other matters of a personal nature.
Adopted by Action of the City Council
July, 2013
17
City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 17
VISION INSURANCE – CITY CONTRIBUTION
It is the policy of the City of Cupertino to provide vision insurance under which
employees and their dependents may be covered.
The premium cost for the insurance provided by the City shall not exceed $14.94
per month per employee. Enrollment in the plan or plans made available pursuant to this
policy shall be in accordance with the provisions of the contract between the City and
carrier or carriers providing vision insurance coverage,
Adopted by Action of the City Council
July, 2013
18
City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 18
TECHNOLOGY POLICY
Purpose
This policy establishes guidelines and standards regarding the provision of technology
hardware and software for Councilmembers.
Scope and Applicability
This policy applies to all City Councilmembers for the provision and maintenance of
City issued technology hardware and software This technology is in addition to City
technology equipment and software residing within the Mayor's and Council's office
at City Hall.
Technology Provision
To facilitate communications with citizens, staff and other Councilmembers, each
Councilmember may elect to be issued the following technology hardware at the
beginning of each term.
1 Laptop
1 Docking Station
1 Monitor
1 Webcam
1 Keyboard & Mouse
1 Phone with Voice/Data Plan
Each Councilmember’s issued laptop will have the following additional software
applications:
Office productivity platform, e.g., Microsoft O365
Cybersecurity Tools, e.g.., end point protection and multifactor authentication
Video Conferencing, e.g., Zoom
19
Each Councilmember’s issued phone will have the following additional software
applications
Office productivity platform
Cybersecurity Tools
Video Conferencing
Issued technology hardware and software will meet current City hardware and
software standards to ensure proper security, maintenance, and support.
Councilmembers who wish to not use City issued equipment must provide written
acknowledgement that the technology they will use has current antivirus software and
all software applications are up to date from a cyber security standpoint.
Councilmembers use the issued equipment for the performance of official City
business. Data contained within the equipment is public property and considered a
public record, therefore subject to all Public Records Act and Brown Act policies.
Councilmembers, upon completion of their term, will return all issued equipment to
the Innovation & Technology Department. City equipment and/or software is not
available for purchase.
City Support
Innovation & Technology staff are solely responsible to provide technical support and
maintenance for issued equipment and may be reached at helpdesk@cupertino.org or
408) 777 3381. If required, Councilmembers shall bring their equipment to City Hall
for repair and/or service.
Adopted by Action of the City Council
July, 2019, January, 2023
20
City of Cupertino
City Council
and
Planning Commission
Compensation
Effective January 1, 2017
21
CITY OF CUPERTINO CITY COUNCIL
AND PLANNING COMMISSION
EFFECTIVE January 1, 2017
The salaries, wages or rates of pay for members of the City Council and Planning
Commission are set forth below. Only the City Council can modify these rates.
Members of the City Council $737.54/month
Members of the Planning Commission* $50.00/meeting (maximum $200 monthly)
Effective first full pay period in July 2017
Members of the City Council $743.07/month
Members of the Planning Commission* $50.00/meeting (maximum $200 monthly)
Benefits as set forth in this document do not apply to members of the Planning
Commission.
Council
Technology
Policy
Citywide Policy Manual
Policy #
Attachments:
N/A
Effective Date:
December 12, 2022
Responsible Department:
Innovation & Technology
Related Policies & Notes:
This policy supersedes previous Council Technology Polices from 2005, 2012, and 2018
Purpose
This policy establishes guidelines and standards regarding the provision of technology
hardware and software for Councilmembers.
Scope and Applicability
This policy applies to all City Councilmembers for the provision and maintenance of City
issued technology hardware and software This technology is in addition to City
technology equipment and software residing within the Mayor's and Council's office at
City Hall.
Technology Provision
To facilitate communications with citizens, staff and other Councilmembers, each
Councilmember may elect to be issued the following technology hardware at the
beginning of each term.
1 Laptop
1 Docking Station
1 Monitor
1 Webcam
1 Keyboard & Mouse
1 Phone with Voice/Data Plan
Each Councilmember’s issued laptop will have the following additional
software applications:
Office productivity platform, e.g., Microsoft O365
Cybersecurity Tools, e.g.., end point protection and multifactor authentication
Video Conferencing, e.g., Zoom
EXHIBIT B
Each Councilmember’s issued phone will have the following additional software
applications
Office productivity platform
Cybersecurity Tools
Video Conferencing
Issued technology hardware and software will meet current City hardware and
software standards to ensure proper security, maintenance, and support.
Councilmembers who wish to not use City issued equipment must provide written
acknowledgement that the technology they will use has current antivirus software and all
software applications are up to date from a cyber security standpoint.
Councilmembers use the issued equipment for the performance of official City business.
Data contained within the equipment is public property and considered a public record,
therefore subject to all Public Records Act and Brown Act policies.
Councilmembers, upon completion of their term, will return all issued equipment to the
Innovation & Technology Department. City equipment and/or software is not available for
purchase.
City Support
Innovation & Technology staff are solely responsible to provide technical support and
maintenance for issued equipment and may be reached at helpdesk@cupertino.org or (408)
777-3381. If required, Councilmembers shall bring their equipment to City Hall for repair
and/or service.
Submitted By: Approved By:
Printed Name: Bill Mitchell Printed Name: Pamela Wu
Title: CTO Title: City Manager
Signature: Signature:
Date: December 11, 2022 Date:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
ls/Kimberly Smith
City Clerk
Members of the City Council
Wang, Kwok, Lowenthal, Mahoney, Sandoval
None
None
None
APPROVED:
ls/Kris Wang
Mayor, City of Cupertino
EXHIBIT C
RESOLUTION NO. 07-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
PROVIDING FOR A DISCRETIONARY FUND TO BE ADMINISTERED BY
THE CITY MANAGER TO PROVIDE A ll?UNDING SOURCE FOR PROJECTS
THAT THE MAYOR MAY WISH TO PROPOSE FROM TIME TO TIME
DURING THE MAYOR'S TERM OF.OFFICE
WHEREAS, The City Council wishes to provide a small source of funds for
projects that may be proposed at the discretion of the Mayor during the Mayor's term of
office; and,
WHEREAS, The City Council wishes to establish a Mayor's initiative budget that
will be included as part of the City Manager's Office budget in the City Manager's
discretionary account; and,
WHEREAS, The City Council wishes to determine, as part of the budget process,
the amount of funding for the duration of the Mayoral term;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino that Mayor's initiative budget is established in an amount to be determined by
the City Council as part of the City Manager's discretionary fund to be used for projects
that the Mayor deems appropriate during the Mayor's term of office; and,
BE IT FURTHER RESOLVED that the decision to spend money on a Mayor's
project will be jointly determined by the Mayor and the City Manager, except that the
City Manager may, at his or her sole discretion escalate the spending decision to the City
Council if he or she determines that to be necessary or appropriate; and,
BE IT FURTHER RESOLVED that the City Council will be advised by an item
on the Council Agenda prior to the date of the Mayor's State of the City Address, of any
new project or initiative that the Mayor may wish to propose during the State of the City
Address.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of June 2007, by the following vote:
0(1'2
3
4
5
4
4
6
0(1'2
7
0(1'2
0(1'2
0(1'2
D
0 2
0(1'2
0(1'2
7
0(1'2
7
7 3
8
5 9 9 8
6 0+
28
0(1'2