►
Description
Coverage of the January 17, 2023 Cupertino City Council Meeting.
Study Session segment. Part 1 of 2.
E
Sorry
there
we
go.
Okay.
Can
everybody?
Okay?
Everybody
can
see
my
screen
now
great
okay,
so
mayor
members
of
the
city
council,
thank
you
for
taking
the
time
to
consider
this
item.
Today.
We
are
here
to
to
discuss
the
potential
to
adopt
a
procedures
manual
for
the
city
council,
foreign,
both
Pamela
and
I,
identified
a
need
for
some
written
policies
and
procedures
to
govern
Council
policies,
conduct
meetings.
This
would
bring
us
into
alignment
with
peer
jurisdictions
in
the
region,
certainly
an
outlier
in
the
relative
dearth
of
formal
written
rules
we
have.
E
The
rules
are
based
on
the
review
of
rules
of
other
jurisdictions
in
the
region,
including
Saratoga
Mountain,
View,
Campbell,
Los,
Gatos,
Berkeley,
City
of
Richmond
Los,
Altos
and
Palo
Alto.
There
are
lots
of
examples
out
there,
but
there's
quite
a
bit
of
diversity,
even
among
that
subset
of
rules
to
draw
from
so
there.
E
It
was
a
a
many
options
that
we
could
draw
from,
what's
presented
as
a
distillation
of
those
options,
there's
not
necessarily
a
right
answer
to
a
lot
of
these
questions,
and
so
part
of
our
exercise
here
is
to
get
feedback
from
Council,
make
sure
you're
comfortable
with
the
rules
we're
adopting
before
we
adopt
them
and
and
but
but
hopefully
land
on
a
set
of
rules
that
we
can
all
live
with
and
be
governed
by.
E
So
this
is
just
a
high
level
overview
of
of
of
outline
I'm
going
to
skip
over
this
pretty
quickly
because
I'm
going
to
go
into
some
degree
of
detail
about
most
of
these
additional
items
here.
E
So
the
the
the
the
proposed
procedures
manual
includes
rules
for
selection
of
the
mayor
and
vice
mayor,
the
mayor
and
vice
mayor
are
prohibited
from
serving
consecutive
terms.
This
is
sort
of
a
middle
ground
between
what
some
jurisdictions
do,
which
is
a
pure
seniority-based
rotational
system
for
appointment
of
the
mayor
and
vice
mayor
and
the
current
status
quo,
which
you
know
there.
It's
really
on
an
ad
hoc
basis
as
to
how
the
vice
mayor
and
mayor
are
selected.
E
The
next
section
of
the
proposed
policy
manual
to
govern
City
commissions
and
commit
committees-
some
of
this
just
some
of
the
procedures
in
the
rules
simply
memorialize
practices
that
are
always
already
in
place.
But
the
rules
do
there
are:
are
new
rules
in
place
that
address
service
on
commissions
and
committees
by
outgoing
council
members?
There's
also
a
new
road
proposed
to
prevent
undue
influence
on
City
commissions.
E
The
next
section
it
covers
a
variety
of
administrative
matters,
attendance
at
Council
meetings,
council
member
correspondence.
It's
the
use
that
you
basically
correspondence
on
behalf
of
the
city;
appointments
to
Regional
bodies
by
the
council,
responding
to
public
correspondence
ceremonial
correspondence,
including
incorporating,
by
reference
a
newly
adopted
policy
on
proclamations
and
certificates,
reimbursement
of
council,
member
expenses
and
council
member
ethics,
training.
E
E
There
are
some
additional
requirements
that
they're
clarifying
the
decorum
requirements
and
there
is
a
new
rule
that
would
clarify
council
member
request
for
information
and
that
relationship
between
chapter
2.17
and
the
public
records
Act.
E
The
next
section
covers
agendas
and
staff
reports.
There
are
new
procedures
that
are
proposed
to
formalize
the
Future
agenda,
item
and
agenda
preparation
process,
their
rules
for
agenda
item
descriptions
are
proposed
and
there
are
minor
modifications
to
the
form
of
format
of
Staff
reports
that
are
proposed.
E
The
the
meat
of
the
the
proposed
manual
really
is
meeting
procedures.
These
are
the
the
this
is
the
most
extensive
part
of
the
proposed
manual,
among
other
things,
just
to
highlight
some
things.
Council
would
adopt
a
meeting
schedule
at
the
beginning
of
each
year.
That's
actually
on
on
your
agenda
this
evening.
Independently
of
these,
these
proposed
rules,
procedures
proceeding,
council
members
are
proposed.
There
are
modifications
to
the
order
of
business
that
are
are
proposed
they're
also.
E
Meeting
procedures
include
rules
for
public
comment
and
time
limit
standards
of
decorum
at
Council
meetings.
Council
would
be
required
to
disclose
ex
parte
contacts
and
just
to
clarify
I
did
get
some
questions
about
that.
You
know
ex
parte
Council
would
be
required
to
disclose
ex
parte
contracts
and
contacts
in
advance
of
a
hearing
on
a
quasi-adjudicative
matter,
so
something
like
a
land
use
permit
or
some
other
entitlement
or
license
that
Council
was
acting
in
a
quasi-judicial
capacity.
This
is
a
standard
practice
in
many
jurisdictions.
E
The
meeting
procedures
also
also
include
a
procedure
for
us
to
allocating
time
to
council
members
during
deliberations.
There
would
be
limits
on
the
time
time
of
meetings,
including
procedures
for
voting
to
extend
the
time
of
meetings.
The
public
hearing
procedures
are
are
laid
out
in
some
degree
of
detail,
and
the
the
the
procedures
would
also
adopt
a
formal
recess
period
each
time.
Up
to
this
point
again,
that's
been
kind
of
done
on
an
ad
hoc
basis
as
to
when
cancer
Council
cancels
meetings.
E
I
am
going
to
spend
a
little
bit
time
if
Council
will
allow
me
to
go
through
some
of
the
suggestions
for
revisions
that
we
have
received
from
members
of
the
public.
Most
of
these
are
in
the
supplemental
memo
that
you
are
that
you
supplemental
staff
report
that
you
should
have
received
earlier
today.
Some
of
them
came
after
it
came
came
out
after
the
staff
reports
released.
I
did
my
best
to
incorporate,
as
as
many
of
them
as
I
could
into
this.
E
This
presentation,
so
council
could
discuss
them
today,
so
I'm
just
going
to
try
to
go
through
these
as
quickly
and
thoroughly
as
possible.
So
first
is
is
a
suggestion
to
revise
section
1.1
purpose
to
remove
any
reference
to
members
of
the
public
section.
2.1
could
be
revised
to
allow
the
mayor
and
vice
mayor
to
continue
to
serve
executive
terms
and
section
2.2.2.
E
Section
four
and
then
section
section
4.3
it
would
would
there's.
There
has
been
a
suggestion
to
include
additional
training
requirements
in
the
performance
expectations
for
for
council
members,
section
4.4
appointment
there.
There
are
three
separate
comments
that
we
received,
all
of
which
are
would
take
the
the
provision
in
very
different
directions.
The
first
comment:
you
see
that
strikes
through
Redline.
There
suggests
revising
it
to
to
make
Council
former
council
members
not
eligible
for
service
on
any
commission.
E
The
second
would
would
clarify
that
to
to
make
sure
that,
which
I
think
is
the
intent
of
the
current
language
to
make
sure
that
council
members
could
currently
serve
serving
on
a
commission
could
continue
the
remainder
of
their
term
and
and
the
third
would
simply
be
to
remove
this
restriction
and
return
to
the
status
quo,
and
you
know
the
I
think
the
intent
behind
this
provision,
which
was
borrowed
from
a
nearby
jurisdiction.
E
E
Going
on
to
some
additional
suggestion
changes
to
section
four
4.6,
we
could
be
amended
to
remove
the
restrictions
on
Council
Members
participating
in
deliberations
of
City
commissions,
section
5.7,
a
council
member
has
suggested
revising
this
specifically
to
address
the
fact
that
that
some
of
you
will
be
attending
training
at
the
league
of
cities
conference
in
Sacramento
and
as
as
written,
the
rule
arguably
doesn't
allow
that
to
qualify
so
that
there
is
a
suggested
revision.
There.
E
We
received
a
suggestion
from
a
member
of
the
public
to
revise
section
6.5
on
decorum
to
include
a
statement
that
that
the
city
manager
and
staff,
among
others,
should
treat
the
public
with
dignity,
courtesy
and
respect.
That
seems
to
be
uncontroversial,
and
certainly
that
would
the
emission
was
not
intended
to
to
State
otherwise.
E
Section
6.6,
council
member
access
for
information.
We
received
comments,
recommending
deletion
of
the
last
sentence
addressing
council
members
use
of
the
public
records
act,
requests
so
I
just
want
to
do
want
to
clarify.
With
respect
to
this
issue,
I
mean
there.
There
is
no
legal
legal
issue
with
Council
regulating
the
conduct
of
its
own
members.
A
E
Request
to
to
comply
with
the
public
records
act,
request
and-
and
you
know,
then
it
would
be
up
to
council
to
decide
how
it
wanted
to
enforce
its
rules.
But
you
know:
there's
certainly
no
no
restriction
on
the
ability
to
cut
for
Council
to
regulate
the
conduct
of
its
own
members.
E
The
intent
of
this
is
to
to
to
align
our
practices
with
the
intent
of
of
Our
Own
code
at
chapter
2.17,
which
I
mentioned
earlier,
and
that
establishes
a
pretty
you
know
somewhat
flexible,
but
still
clear
rules
on
Council
Members
rights
to
access
for
information
and
then,
but
you
know,
balance
that
balances
that
again
against
when
requests
for
information
should
come
from
the
full
Council
consistent
with
the
council
manager,
form
of
government
and
other
provisions
of
our
code
that
make
it
clear
that
the
manager
can
only
take
direction
from
the
whole
Council
and
and
and
and
so
that's
the
intent
of
this
provision.
E
We
we,
as
I
said
we
received
numerous
attempts
to
delete
that
there
certainly
would
be
no
no
legal
issue
with
deleting
it
there's
also
I.
Also,
if
council
is
interested
there's
also,
we
could
also
explore
softening
the
language
to
make
it
less
mandatory
and
allow
council
members
more
flexibility
and
then
also
emphasize.
E
What
I
think
is
a
fair
point
is:
is
that
the
need
for
for
for
staff
to
be
responsive
to
council
requests
for
information
in
a
timely
way?
So
so
so
we
could
certainly
explore
that
if
there
was
an
interest
from
Council,
we
also
received
a
request
from
a
member
of
the
public
to
to
delete
from
section
7.1
regarding
future
I
agenda
items,
the
ability
of
a
majority
of
members
of
the
city
council
to
remove
a
future
agenda
item.
E
We
received
a
request
to
delete
the
rule,
the
the
regulations
for
preparation
of
the
agenda,
a
request
to
to
delete
the
the
rules
for
the
seating
of
council
members
on
the
diocese
request
to
revise
section
8.52,
which
revolves
removing
items
from
consent
calendar
to
to
continue
our
current
practice
of
allowing
members
of
the
public
to
pull
items
from
the
consent.
E
Calendar
I
would
say
that,
just
briefly
with
respect
to
that,
Cupertino
is
not
unique
in
that
practice,
but
it's
it's
certainly
in
a
distinct
minority
in
in
in
in
allowing
members
of
the
public,
rather
than
members
of
the
council,
to
pull
item
from
the
consent
to
the
consent
calendar.
E
We
also
received
a
comments
suggesting
that
we
revise
section
8.52
to
to
allow
council
members
to
remove
items
from
the
consent
calendar
any
time
before
it's
heard,
rather
than
providing
notice
before
the
meeting
you
know.
Of
course
you
know.
The
purpose
of
the
notice
is
to
allow
staff
to
be
able
to
prepare
it
and
make
sure
that
the
city
manager
can
have
appropriate
staff
to
answer
Council
questions,
but
if
this,
but
but
again
there
would
be
no
legal
issue
with
deleting
this.
E
E
Moving
on
to
section
8.93,
Council
questions
and
deliberations,
there's
a
there's
there.
There
there's
a
suggested
revision
here
that
that
you
can
see
the
text
revision
on
your
screen
and
basically
what
this
revision
would
do
would
would
bring
the
rules
for
deliberations
in
line
with
the
rules
for
Council
questions.
It
could
simplify
sort
of
the
managing
the
time
managing
time
for
the
so
it
could
help
simplify
that
process
for
the
clerk
and
it
it
I'd
say
it.
It
does
set
clear
expectations
than
the
current
version
of
the
rule.
E
We
also
received
received
a
request
to
revise
section
8.10,
which
governs
the
the
ending
of
the
time
of
our
meetings,
to
allow
a
vote
to
be
extended.
The
meeting
to
be
extended
past
11
30
by
a
simple
majority
vote
of
the
council,
as
opposed
to
a
two-thirds
vote,
which
is
you
know
you
know
unless
somebody
was
absent,
would
require
four
votes.
E
E
E
E
E
I
was
received.
Council
could
consider
adopting
a
rule
to
release
the
agenda
earlier
than
it's
currently
released
so
earlier
than
it's
required
by
the
brown
act,
to
provide
more
time
for
Council
and
the
public
to
review.
That
council
could
consider
including
language
regarding
ad
hoc
subcommittees
and
and,
and
that
would
basically
you
know,
try
to
to
win.
An
ad
hoc
subcommittee
is
formed.
E
Try
to
estimate
staff
staff
resources,
the
membership
and
purpose
of
the
subcommittee
and
and
how
the
subcommittee
is
terminated,
and
there
is
some
sample
language
from
the
City
of
Palo
Alto.
That's
included
in
your
supplemental
staff
report
and
that's
true
for
a
number
of
these
items
that
we're
going
to
go
through
here.
E
Council
could
consider
including
language
to
emphasize
council's
policy,
making
Authority
staffs,
independent,
independent
and
the
need
to
present
alternatives
to
council
as
appropriate.
Again,
you
can
refer
to
the
supplemental
staff
report
for
sample
language
councils
could
consider
including
requirements
to
ensure
that
staff
responses
to
council
questions
regarding
agenda
items
are
shared
with
other
council
members
and
members
of
the
public.
E
E
My
understanding
is
this
is
the
the
system
that
Cupertino
Union
School
District
currently
uses,
so
if,
if
counselor
so
direct
staff
could
could
look
into
to
developing
that
system,
council
could
consider
adopting
rules
for
the
introduction
introduction
of
future
agenda
items
through
colleagues
memos,
which
you
know
my
understanding,
is
essentially
a
brief
memo
that
could
be
prepared
by
up
to
two
council
members
that
and
could
be
considered
during
a
meeting
to
to
help
frame
discussion
of
potential
future
agenda
items,
and
then
finally,
council
could
consider
developing
guidelines
for
writing
future
agenda
item
right
for
writing
agenda
items.
E
If,
certainly
if,
if
there
are
I
I
would
expect
Council
to
have
changes
to
to
the
the
draft
manual,
that's
totally
expected
if
they
are
relatively
minor
changes,
I
I
think
you
know
we
do
have
some
language
that's
proposed
for
them.
If
they
are,
are
more
significant
changes,
I
would
recommend
against
trying
to
craft
language
on
the
dice,
and
so
it
really
is
up
to
it.
It's
it's.
E
It
will
depend
on
council's
direction
as
to
as
what
what
I
think
the
best
course
of
conduct
is
as
far
as
as
adopting
this
that
resolution
this
evening
or
needing
to
come
back
to
to
finalize
it.
So
with
that
I
am
available
for
questions
and
and
for
the
discussion.
D
Thank
you,
CT
attorney
Jensen,
so
now
we'll
open
up
to
Council
questions.
Each
Council
has
about
two
minutes
to
ask
Council
questions.
I
just
have
one
brief
question
to
ask
right
now
to
clarification:
Mr
Jensen,
the
the
suggested
revisions
are
from
the
public
comments
right.
E
Thank
you
for
that
clarification.
They
include
both
public
comments
and
suggestions
from
council
members,
but.
E
Yeah,
no,
that's
right!
It's
it's!
Not
it's
not
necessary.
None
of
them
are
necessarily
the
staff
recommendation.
If
you
know,
if
I
would
say,
with
respect
to
the
legal
issues,
I,
don't
think
any
of
them
raise
legal
concerns,
necessarily
they're
they're.
You
know
if
there
is
additional
discussion
required
that
you
know
we
could
certainly
get
into
the
individual
recommendations.
D
Okay,
thank
you
attorney
Jensen
Now
open
up
to
questions.
Anybody
want
to
go
first
council,
member
Chow.
E
The
so
the
ones
that
were
received
earlier
in
the
day
are
are
included
in
the
the
supplemental
staff
report
that
that
was
posted
on
the
website.
The
the
ones
that
were
received
late
in
the
day
were
included
in
the
presentation
at
the
last
minute.
A
Late
in
the
day,
I
can.
F
Oh
I
just
downloaded
the
presentations,
it
wasn't
updated.
So
it's
the
same
presentation
on
the
website.
Okay,
that's
fine,
so
which
city
has
I
understand
your
consulted.
Many
other
cities,
which
city
has
the
the
this
rule
that
restrict
council
members
from
filing
public
records
act,
request.
F
That's
new
okay,
yeah
so
which
city
has
the
rule
of
former
council
member
cannot
serve
our
commission.
E
E
C
Okay,
thank
you
through
them.
Thank
you
Mary.
Where
way,
so
just
kind
of
a
procedure
question
first,
because
I've
got
comments
on
on
a
lot
of
these
items
and
I
see
that
the
public
also
and
other
council
members
also
have
a
lot
of
comments.
C
I'm
wondering
how
we
can
go
through
this
and
get
our
comments
collected,
because
I
I
think
we've
perhaps
passed
what
you
would
consider
a
Tipping
Point
where
we
could
pass
this
resolution
tonight
because
of
the
number
of
changes
and
then
I
think
we
would
get
into
language
edits
for
the
policy.
The
procedure
manual
as
well
and
I
think
that
that's
going
to
get
pretty
complicated
and
we're
going
to
most
likely
run
out
of
time.
C
So,
given
that
what
kind
of
procedure
could
we
do
like
item
by
item
and
have
our
comments,
whether
whether
or
not
we
have
comments
on
each
one
and
then
go
chronologically
through
or
or
in
order
through,
this.
E
E
So
so
so
you
know,
Council
consider
you
know
putting
a
motion
on
the
table
and
then
deliberating
and
potentially
amending
that
motion
based
on
the
comments
of
of
council
members,
but
I
will
obviously
I
will
obviously
defer
to
Council
on
how
to
structure
their
own
deliberations.
Okay,.
C
So,
thank
you
so
many,
if
not
all,
of
the
suggested
revisions
I
agree
with
there
was
one
I
was
concerned
about
with
regards
to
council
deliberations.
Having
a
time
limit
and
I
was
wondering
if
you
could
explain
that
a
little
further
is
that
you
get
five
minutes
to
speak
and
then
another
turn.
C
It
certainly
can't
be
five
minutes.
Total.
E
So
it's
it's
fi,
it's
at
least
five
minutes
initially
and
then
the
the
mayor
can
allow
additional
time,
which
would
be
a
certainly
be
appropriate
for
for
complex
agenda
items.
C
Okay,
but
unless
you
have
four
people
out
of
the
five
agreeing
to
call
the
question
it
could
we
could
continue
to
deliberate
on
an
item.
E
So
you
would
you
would
you
would
you
would
need
a
a
motion,
a
successful
motion
to
cause
a
question
to
take
an
item
off
of
the
table.
That's
correct!
Thank
you.
G
Thank
you
Mary,
just
for
my
own
clarification
and
understanding,
Mr
City
attorney.
What
are
the
timelines?
So,
as
council
member
Moore
mentioned,
there
are
comments
that
have
not
been
included
in
your
list.
E
So
so,
and
the
the
list
that
we
walk
through
in
the
presentation
is
is,
is
relatively
comprehensive.
I
I
I
there's
there
is
a
possibility
that
I
missed
something
or
I
misspoke
and
I,
wouldn't
necessarily
want
to
speak
for
members
of
the
public
who
who
had
their
own
views
on
what
should
be
in
the
the
manual.
So
that's
it's
really
for
council's
convenience.
I
think.
E
As
far
as
the
timeline
goes,
you
know
what
would
be
most
helpful
is
to
get
clear
direction
from
Council
one
way
or
another
as
to
what
changes
they
would
like
made
to
this
draft
and
and
then
we
should
be
able
to
bring
that
back
fairly
quickly.
I
would
think
at
the
next.
Our
first
meeting
in
February.
E
E
No
I
I,
I,
I,
I,
I,
I
I
think
the
I.
The
goal
I
think
would
be
to
try
to
get
through
as
much
as
possible
and
and
and
and
and
get
all
of,
the
changes
Direction
and
all
the
changes
this
evening
and
then
adopt
a
final
set
of
final
final
procedures
manual
at
the
next
time.
This
comes
to
you.
H
Thank
you
Mary
way,
so
to
pick
up
on
a
note
from
council
member
Moore
with
respect
to
section
8.9.3,
the
five
minute
cap
on
Council
liberations,
the
rosenberg's
Rule
of
Order,
respecting
the
question
calling
the
question.
E
So
I
I,
I
I,
think
rosensburg's
rules
would
still
control
to
end
debate.
Council
could
rosenberg's
roles
are
adopted
by
Council
and
council
could
modify
them
if
it
so
chose.
H
E
I
I
I,
don't
know
if
it's
an
unusually
large
number
but
the
no
but
the
pre.
But
the
number
has
up.
There's
been
an
uptick
that
I
have
observed
in
over
the
last
year,
plus
that
I've
been
here
and.
E
It
consumes
staff
time,
like
any
other
public
records
act.
Request
does
do.
E
I
I,
don't
I
I,
the
clerk
may
have
an
estimate,
or
we
may
have
to
get
back
to
you
on
that.
B
D
So
can
I
have
one
last
procedure.
Question
is
I'm
a
little
confused.
Do
we
always
have
to
need
to
call
the
question
in
order
to
make
a
motion
and
to
vote,
or
there
is
a
rule,
rosenberg's
rules
that
if
we
each
have
five
minutes-
and
we
have
emotion
and
a
second
on
the
table,
we
can
move
to
vote.
What
is
the
procedural
legal
procedure.
E
Right,
so
you
don't
you,
you
don't
need
to
call
the
question
to
vote
and
routinely
we
don't.
But
if
somebody
wishes
to
be
recognized
in
order
to
move
on
to
a
vote,
there
does
need
to
be
a
motion
to
call
the
question
and
that
that
requires
four
votes
under
rosensburg
rules
of
procedure.
C
So,
with
with
regards
to
the
calling
of
the
question
issue
from
my
standpoint,
it's
to
make
sure
that
if
there
are
still
information
that
we
need
to
discuss
about
an
item
that
we
are
given
that
time,
so
my
concern
was
five
minutes
seem
softly
short.
Are
we
you
know
what
what
do
we
have
to
to
ensure
that
we
are
able
to
have
an
item
fully
deliberated
on
before
we
vote?
C
E
So
you
know
so
so
it
just
there.
It
means
that
there
would
have
to
be
some
reason
stated
and
that
there
would
have
to
be
evidence
to
support
that
reason,
and
it's
it's
it's
it's
it's
a
it
is
within
the
you
know
that
there
would
be,
within
the
discretion
of
the
the
council,
to
identify
reasons
that
rise
to
the
level
of
for
a
cause.
I
would
I
would
expect
it
would
be
some
kind
of
serious
misconduct
that
would
require
removal.
E
Also
I
mean
I.
Just
use
this
this
opportunity
to
clarify
that
it
is.
It
is
removal
from
from
the
the
office
of
mayor
or
vice
mayor
and
not
removal
from
the
council.
That
I
think
there
might
have
been
some
confusion
among
the
public.
C
Through
the
mayor,
so
other
cities
do
have
a
more
structured
procedure
for
for
violations
and
I
think
that
I
would
be
nervous
looking
at
something
saying
just
cause:
what
and
not
have
that
actually
explicitly
spelled
out
so
I'm
I'm
concerned
about
that,
because
it's
it's
vague
and
then
later
on,
when
you
mentioned
I
might
be
in
either
nine
or
ten.
You
mentioned
violations
again
and-
and
it's
still
not
really
clear
what
happens
there,
what
the
policy
is.
E
So
I
I,
I,
I
I
I,
can
just
try
to
respond
to
the
question
regarding
violations
there
there
is.
There
is
not
a
detailed
violations
policy
in
the
proposed
proposed
rules.
There
are
other
jurisdictions
that
have
that
and
and
we
could
we
could
consid
that
could
be
direction
from
Council
to
consider
adding
that
kind
of
detailed
policy.
E
The
the
policy
merely
references,
the
censure
process,
which
is
something
that
really
Council,
has
the
inherent
authority
to
censure
its
own
members
and
that
you
know
that,
as
that
would
be,
you
know,
imposition
of
discipline
on
a
council
member
by
Council
by
vote
at
a
public
meeting
for
whatever
the
the
the
alleged
violation
was.
E
You
know
that
said,
I
think
the
intent
of
these
rules
is
to
be
self-enforcing,
you
know
and,
and
that
that
you
know
hopefully
you
know
everybody
would
make
a
good
faith
effort
to
follow.
Whatever
rules
were
adopted,
any
violations
could
be
addressed,
informally,
you
know
by
by
the
city,
manager
or
the
mayor,
and
and
that
censure
process
would
be
rarely
used
and
that
that's
part
of
the
reasoning
behind
not
having
a
you
know
a
detailed,
a
detailed
disciplinary
policy
in
in
the
rules.
E
But
again,
if
that's
something
Council
wishes
to
adopt,
you
could
give
direction
to
the
city
manager
and
the
City
attorney
to
to
prepare
that.
H
E
D
B
Yes
mayor,
we
actually
have
six
blue
speaker
cards
from
residents
that
are
in
Community
Hall
and
we
have
three
hands-raised
now
six
hands
raised
on
Zoom.
Would
you
like
to
take
Zoom
first?
Yes,.
D
B
I
Thank
you
good
evening,
mayor
way.
Vice
mayor,
Mohan
and
council
members
welcome
to
the
new
year.
My
name
is
Jane
bedord
and
I
am
a
long
time.
Cupertino
resident
I
spoke
before
council
at
your
last
meeting,
urging
Council
to
remedy
the
city
council
dysfunction
identified
in
the
grand
jury
report
released
on
December
19
2022,
and
to
do
this
as
quickly
as
possible,
I'm
here
tonight
to
commend
the
city
for
moving
forward
with
this
city
council
procedures
manual.
I
To
address
many
of
the
issues
identified
in
that
report,
The
Moth
Adams
report
to
the
council
was
submitted
in
December
2020.
two
years
ago.
While
these
Auditors
have
been
engaged
in
developing
policies
and
procedures
for
the
finance
department,
the
council
failed
to
address
the
significant
governance
risk
identified
by
the
internal
auditor.
I
I
B
J
Hello
mayor
way
vice
mayor
vice
mayor
and
council
members,
I
just
have
a
comment
on
this
first
item
about
the
procedures
manual.
I.
Ask
you
please
not
to
vote
on
adopting
the
procedures
manual
during
this
session,
something
this
important
should
be
discussed
at
in
at
least
one
General
Session
before
taking
a
vote,
neither
Council
nor
the
public
has
had
the
chance
to
read
the
entire
document
with
any
sort
of
comprehension.
J
Voting
on
an
action
in
a
study
session
is
okay,
not
unprecedented
and
not
unlegal,
but
it
should
be
because
it
breaks
our
Democratic
procedural
Norms
study
sessions,
as
are,
as
it
says,
write
in
the
name
for
study,
not
action
and
being
unprecedented
or
nearly
so.
Your
constituents
will
not
be
expecting
a
vote.
Please
don't
Ram
this
through
in
the
session
just
because
you
can,
and
just
because
you
don't
want
to
hear
dissent
and
I,
have
a
question
which
is
what
makes
it
a
study
session
different
from
a
General
Session.
If
you
can
vote
on
things.
B
B
One
moment:
okay
I,
keep
losing
you
there.
You
go.
L
5790
Carol,
okay.
Thank
you.
Sorry.
This
is
Carol
Stanek
I'm,
a
Cupertino
Parks
and
Rec
commissioner
and
I'm
speaking
for
myself
tonight,
I'm
happy
to
see
the
new
Council
quickly,
putting
in
place
procedures
which
will
hopefully
return
our
city
government
to
a
more
transparent
fare
and
well-functioning
government
body.
I
fully
support
section
5.7
regarding
Council
training
on
ethics
and
anti-harrassment
I
have
recently
completed.
The
online
ethics
course
provided
by
the
city
to
Commissioners.
I
think
the
course
provides
good
guidance
for
Commissioners
and
council
members
alike.
L
Two
concepts
stood
out
from
the
training
that
I
would
like
to
highlight.
The
first
is
that
the
end
does
not
justify
the
means.
There
are
many
ways
that
Council
can
come
accomplish
its
goal.
If
a
council
member
requires
information
from
staff
council
members
should
follow
protocol,
they
should
not
have
to
resort
to
a
public
records
act
request
which
would
be
viewed
as
a
hostile
action.
Therefore,
I
support
section
6.6,
which
explicitly
states
that
no
council
members
shall
circumvent
any
manager's
Direction
by
seeking
information
through
a
public
records
Act.
L
This
can
be
applied
in
many
situations,
especially
when
interacting
with
staff
in
public
meetings,
we
can
directly
observe
whether
council
members
are
treating
staff
with
respect,
but
even
in
private
conversations,
if
staff
does
not
does
not
feel
respected.
Even
if
a
council
member
is
not
aware,
says
they
don't
intend
to
be
disrespectful.
Staff
perception
of
an
act
of
disrespect
or
harassment
is
real.
I
expect
that
council
members,
Commissioners
staff
and
the
public
will
treat
each
other
with
dignity,
courtesy
and
respect
with
respect
to
our
commissions.
L
I
welcome
section
4.3
regarding
commission
performance
expectations,
I
further
implore.
The
council
to
appoint
Commissioners
based
on
applicants,
false
patients
and
demonstrated
engagement,
training
and
ethics
and
meeting
protocol
needs
to
be
expanded.
Commissioners
need
to
embrace
their
roles
to
listen
to
our
residents.
Commissioners
also
need
to
understand
the
approved
scope
of
their
work
and
not
stray
from
that
scope
to
increase
staff.
Workloads,
scope
of
commissions
should
be
included
in
training
in
section
4.6.
The
last
count
the
last
sentence
says:
council,
members
and
Commissioners
shall
refrain
from
speaking.
L
B
K
Good
evening,
council
members
and
staff
I've
sent
many
comments
and
tonight
I'm
just
going
to
pull
out
the
key
ones
that
are
I.
Consider
critical,
do
not
vote
on
this
tonight,
finalize
it
first
and
provide
it
during
a
regular
meeting,
not
a
study
session.
Remove
the
Max
total
time
limit
of
10
minutes
for
an
individual
to
speak
at
a
city
meeting,
remove
the
Restriction
that
a
council
member
can't
submit
a
public
records
request.
K
Ideally,
the
information
can
come
in
through
the
normal
channels,
but
they
should
not
be
restricted
to
not
be
able
to
do
that.
Allow
the
public
to
pull
consent
items.
Tonight's
agenda
is
an
example
20
of
28
items
under
consent.
K
Allow
a
council
member
to
pull
a
consent
item
during
the
meeting.
People
can
give
their
a
list
of
pooled
items
in
advance.
If
they
know,
sometimes
you
don't
know,
don't
allow
a
city
manager
or
the
majority
Council
to
remove
future
agenda
items.
Put
on
by
two
council
members
that
that
ability
is
to
allow
a
minority
to
put
an
item
on
the
agenda,
but
this
is
a
workaround
to
remove
it
again,
so
so
remove
that
restriction.
K
K
B
Thank
you
thank
you,
Peggy
and
our
final
three
speakers
on
Zoom.
We
will
get
to
the
remaining
speakers
that
are
in-house:
after
the
zoom
callers,
Lisa,
Warren,
San,
R
and
Tessa
parish
and
anyone
after
Tessa
I'm.
Sorry,
you
do
not
have
your
hand
raised
within
the
five
minutes
time
window
welcome,
Lisa,.
M
Thank
you.
So
this
is
an
interesting
topic.
It's
really
it's
not
no
one's
going
to
suffer
from
having
a
discussion,
and
we
could
all
benefit
if
it's
done
correctly
correctly.
I
believe
includes
making
no
permanent
decision
tonight
for
various
reasons
forever,
and
ever
study
sessions
were
not
a
place
where
votes
were
taken
to
make
something
new
happen
with
no
further
discussion.
It's
a
chance
to
study
more
study,
something
with
more
casual
discussion
to
get
to
the
point
where
it
can
be
formed
into
something
that's
really
worth
voting
on.
M
So
that's
one
thing:
the
ex
parte.
M
I
would
like
to
know
if
there's
any
recourse
or
a
council
member
that
does
not
foreign
ex
parte
communication
over
land
use
at
whatever
else
is
covered
under
that
section,
because
just
hoping
that
someone
will
tell
you
does
not
mean
that
they
will
and
if
there's
actual
evidence
that
they
have,
and
someone
can
point
that
out.
I
think
it
needs
to
be
addressed
properly,
cause
all
right.
Two,
like
councilmember,
Moore
and
I'm
concerned
about
the
cause
not
being
defined.
If
a
cause
isn't
definable,
then
is
that
really
something
you
want
in
there?
M
Public
should
definitely
be
able
to
pull
consent
items
for
reasons
that
Peggy
mentioned
and
just
because
it
we're
moving
away.
I
believe
I
heard
Carol
Stanek
say
that
she
thought
this
was
a
move
in
a
more
transparent
way
and
I
I
feel
differently.
M
In
many
cases
with
this,
it's
maybe
it'll
end
up
that
way,
but
it
just
feels
like
we're
going
backward
in
transparency
and
I
feel
as
though
some
of
these
rules
in
place
to
protect
staff
and
that's
a
weird
phrase
to
say-
and
maybe
it's
not
the
right
way
to
say
it
is
contradictory
to
how
people
treat
people
in
counsel.
M
B
N
For
example,
if
there
were
a
clause
like
the
use
of
pra
who's,
only
used
by
one
city
council
versus
not
seen
in
other
cities,
it
would
be
useful
information
for
the
public
to
be
aware
of
so
I
request.
The
City
attorney
and
staff
to
include
for
each
of
these
Clauses
with
cities
are
adopting
or
not
adopting
these
clauses.
N
N
To
share
that
this
change
is
coming
and
to
use
all
means
possible
to
get
public
input.
We
use
public
input
for
a
variety
of
different
City
actions
such
as
the
Blackberry
Farm,
the
Memorial
Park,
the
Lauren,
Smithy,
Park
and
so
on.
Why
is
it
that
this
change
is
going
through
with
no
community
outreach?
N
I
would
like
to
see
public
engagement,
awareness
and
input.
Not
everybody
may
be
able
to
come
in
and
speak
as
a
city
council
meeting,
but
that
is
not
a
reason
to
not
take
public
input
on
a
matter
of
this
type.
It
builds
public
awareness
of
the
changes
it
raises
questions
around
why
these
changes
are
needed
and
it
allows
us
to
provide
more
clear
guidance
from
a
broader
community
that
really
should
be
better
engaged.
N
I
also
would
like
to
request
a
few
key
items
to
be
considered
in
the
changes
that
you're
looking
at
the
first
is
that
trauma
council
members
not
serve
on
the
commissions.
I
do
not
see
what
the
reason
should
be
for
such
a
change.
We
are
grateful
for
the
service
of
all
council
members
and
their
experiences
invaluable
and
having
them
serve
on
commissions
only
makes
us
a
better
City.
N
N
30-Minute
public
comment
is
too
Limited
in
time
and
I
encourage
you
to
make
sure
that
you
do
not
cut
back
on
public
time
and
similarly
on
the
use
of
pra
I
see
no
reason
why
the
pra
should
not
be
used.
There
can
be
guidelines
to
encourage
the
use
of
cordial
staff
and
Council
interaction,
but
not
pulling
out
Clauses
such
as
the
ability
to
use
CRA.
So
there's
a
number
of
other
areas
I'd
like
to
give
feedback,
but
I'd
like
to
start
with
community
outreach
to
get
input
thanks.
O
Hi
there
good
evening,
Council
mayor
vice
mayor
and
staff,
my
name
is
Tessa
parish
and
I
am
well
first
of
all,
I'm.
Regarding
the
passing.
P
I
actually
didn't
have
time
until
today,
actually
last
night
to
read
it,
but
also
there
was
changes
that
the
City
attorney
or
that
were
posted
after
the
initial,
so
I
just
don't
feel
that
the
public
has
been
properly.
P
P
My
two
cents
on
that
matter.
Second,
let's
see
the
elected,
so
the
mayor
I'm
glad
that
was
clarification
on
the
not
removal
office.
P
The
manual
does
not
specify
reasons
for
removal
or
proper
person
or
proper
procedure,
or
an
attempt
to
correct
the
wrong.
It
seems
that
it's
without
cause
like
it
could
be
cause
could
be
almost
anything
very
arbitrary
when
it's
not
specified
so
in
any
work
place
any
any
you.
You
have
rules,
policies
or
violations
a
list
of
violations
that
would
cause
that
so
I'd
like
to
see
a
list
of
violations
that
would
warrant
removal
in
a
list
of
actions
to
try
to
regression
before
the
72
hour
removal.
P
Any
justice
action
as
this
seems
to
be
should
have
a
proper
notice.
Otherwise
it
violates
the
rights
of
the
person
to
be
given
proper
notice
and
it
breaks
the
public
confidence
in
the
rule
of
law
and
the
rule
of
Lies
principle.
Of
course,
under
which
all
persons,
institutions
and
entities
are
accountable
to
laws
that
are
publicly
propagated.
Sorry
about
that
equally
enforced
independently,
adjudicated
I
believe
there
must
be
a
clear
list
of
violations.
Otherwise,
again,
not
just
this
Council
next
councils
and
future
councils.
P
It
can
be
very
arbitrary,
so
I
beg
you
not
to
vote
on
this
until
it's
due
are
noted
and
it's
the
public
has
had
a
time
to
read
it
and
really
give
input
on
this.
The
restriction
on
comments
is
also
contrary
to
the
you
know,
the
transparency
promises
that
were
made.
It
really
seems
to
be
limiting
and
not
understanding.
Why
there's
only
a
few
meetings
ever
like
throughout
the
year
that
go
beyond
the
30
minutes,
my
restrict
it
in
the
past
they've
gone
into
other
media.
B
Q
Okay,
I
have
been
before
the
council
in
41
years.
That's
how
long
I've
been
in
Cupertino.
Okay.
This
is
a
new
Council.
You
have
a
nice
lawyer
here,
but
he's
not
making
it
because
he
doesn't
know
what
to
do
he's
frustrated,
you're
frustrated.
The
staff
is
frustrated,
I'm
frustrated,
the
public
is
totally
frustrated.
Q
So
why
don't
we
do
this?
Let's
get
a
mediator
in
here.
Let
that
person
come
in
here
and
hash
it
out
with
all
of
you
do
some
procedures
that
really
will
work,
because
this
isn't
going
to
work.
I
got
news
for
you,
it's
like
the
government.
That's
not
working
either
so
be
smart.
You
know
all
of
you
are
responsible
now
for
our
well-being.
If
something
happens
to
us,
it's
going
to
be
on
your
shoulders.
Eight
hundred
thousand
dollars
somebody
embezzled
over
17
years,
how
the
hell
could
that
happen?
Q
Without
the
city
council,
city
manager,
all
the
staff,
everybody
knew.
How
did
this
woman
get
away
with
it
and
where
did
the
money
go?
More
people
are
responsible
and
I'm
going
to
the
grand
jury
about
this
I.
Want
you
all
to
know,
because
I'm
going
to
find
out
who
did
it?
Okay,
do
not
vote
on
this
tonight
because
he
wrote
most
of
it.
You
need
to
listen
to
the
public.
All
of
you
need
to
listen
to
the
public.
Okay,
I!
Q
Don't
want
to
sit
up
there,
I
never
wanted
to,
because
you're
going
to
tie
my
hands
just
like
this
you're
all
tied,
you
can't
move
Leanne
you're
worse
off
than
all
of
them,
because
you
know
better.
You
know,
what's
going
on,
how
do
you
sleep
at
night,
all
right,
the
homelessness?
Okay,
the
undocumented
I
took
in
a
homeless
person,
he's
been
with
me
for
three
years
and
I
can't
get
him
a
green
card.
What
are
you
gonna
do
about
that?
Q
There's
a
woman
next
to
Target
store
living
in
a
tent
I've
complained
twice
to
the
police.
You
know
I've
called
the
city.
Nobody
will
help
this
woman.
What
are
you
going
to
do
about
that?
This
is
our
city.
I,
want
progress.
I
want
Cupertino,
okay,
to
be
great,
not
great,
again,
to
be
great.
Now,
not
great
again.
Okay,
I
want
you
to
follow
examples
of
people
that
have
a
conscience,
morals,
you're
talking
about
ethics.
You
went
to
the
grand
jury.
What
happened
to
the
money?
The
eight
hundred
thousand
dollars
is
a
lot
of
money.
Q
You
know
a
lot
of
money.
You
could
have
helped
the
homeless.
You
could
have
built
homeless,
shelters,
there's
buildings
here
that
could
be
the
homeless
could
be
in
these
buildings
that
you
know
that
nobody's
occupying
right
now,
you're
not
doing
anything
about
these
buildings
that
are
here.
Okay,
please
understand.
I've
been
around
the
block.
I've
been
a
buyer
electronics
for
years.
Nobody
could
have
gotten
away
what
that
person
did
I'm,
not
going
to
mention
her
name.
Nobody
could
have
gotten
away
with
what
she
did
without
other
people,
knowing
about
it.
Q
A
Thank
you
first
starting
over
if
I
might,
okay.
A
I
hadn't
really
started
hadn't
really
started
yet.
Okay,
dear
mayor
Wade,
vice
mayor
Moen,
council
members,
city
manager
and
City
attorney,
first
I
wanted
to
congratulate
May
Morley
Matt
Morley,
as
the
new
assistant
city
manager,
I
think
he
will
be
excellent
in
that
role
and,
secondly,
I
enthusiastically
support
the
reform
package
of
changes
to
the
city
council
procedures.
A
The
port
approval
of
the
resolution
this
evening
I've
attended
many
Council
meetings
over
the
years
as
I
read
the
reforms,
I
could
actually
feel
how
these
changes
would
improve
the
process,
reducing
staff
workload
that
will
allow
more
work
to
move
forward
on
resident
services,
to
increase
the
amount
of
time
accessible
to
Residents.
To
speak
to
council
to
reduce
the
length
of
meetings.
2
am
is
simply
not
a
time
when
residents
can
attend.
Nor
is
it
good
time
for
decisions
made
by
exhausted
council
members.
A
A
A
B
R
Good
evening
city
council,
oh
I,
think
I
broke
this
thing:
hi,
okay,
Happy,
New,
Year
and
happy
New
Year
again.
Thank
you,
Mr
Johnson,
for
a
very
good
presentation
of
the
manual.
Our
staff
is
oftentimes
told
to
do
things.
We
don't
know
why
they're
told
to
do
things,
but
they
have
it's
a
job
they
have
to
do
it
therefore,
I
think
the
staff
has
done
a
good
job
as
they
could
in
being
requested
to
prepare
this
document
under
no
circumstances
should
this
be
voted
on
tonight.
R
I
never
saw
that
anywhere
in
this
and
I've
been
coming
here
for
22
years
and
five
years
in
the
Board
of
Supervisors.
Before
that
you
do
not
vote
on
things
in
study
sessions.
Never
no
one
has
ever
done
that.
So,
if
you
guys
are
expecting
to
do
that
tonight,
you're
breaking
your
own
protocol,
so
I'm
assuming
we
won't
do
that
because
you
did
not
adequately
advertise
this.
So
that's
no,
no
number
one
I'm
gonna
say
right
now,
you
know.
If
it
ain't
broke,
don't
fix
it.
R
Cupertino
has
done
one
heck
of
a
job
in
the
last
22
years.
That
I've
been
here
and
believe
me,
I,
have
seen
a
lot
of
stuff
in
here
we
went
through
the
entire
Apple
Spaceship
meetings
and
yes,
the
latest
I've
ever
been
here
is
4
30
a.m,
but
I
was
glad
to
do
it.
This
is
my
city.
I
chose
to
live
here,
I
moved
here
with
my
first
job
at
Tandem
and
I
chose
to
stay
here.
R
R
I'm,
sorry
I
told
you
I
had
ancestors
that
died
before
the
American
Revolution
in
conflict
with
the
English.
We
lost
five
family
members
five
years
before
the
Revolution,
okay
yeah
that
may
sound
stupid,
but
with
all
the
things
that
are
going
on
in
this
state,
I
am
looking
back
at
what
my
ancestors
went
through
to
start,
the
Revolution
and
I
see
a
lot
of
similarities
right
now.
So
yes,
don't
limit
our
public
input.
R
I
had
no
idea
that
you
that
somebody
was
trying
to
limit
the
number
of
times
that
somebody
could
come
up
and
talk
about
items
on
the
agenda.
Whoa
I
have
never
seen
that
done
before.
Are
we
going
into
Putin
land
with
this,
and
you
know
yeah
I'm
pulling
lots
of
stuff
off
the
consent.
Calendar
tonight
have
been
doing
it
for
22
years,
I
have
been
to
City
Council
meetings
in
Capitola,
Santa,
Cruz,
San,
Jose
Sunnyvale.
R
They
actually
say
a
prayer
before
the
Santa
Clara
city
council
meeting,
because
that
city
is
almost
200
years
old,
so
yeah.
We
all
do
it
different,
but
I,
don't
like
a
lot
of
things
that
are
in
this,
and
and
definitely
if
you
vote
on
this
tonight,
I'm
calling
Cortese,
Evan
Lowe
and
the
governor
I'm
at
time.
So
thank
you
yes
and
my
mother's.
S
Good
evening,
council,
members
and
mayor
way,
as
yesterday
was
the
celebration
of
Martin
Luther
King
Jr
day.
I
saw
some
parallels
to
what
the
council
is
trying
to
do
tonight.
So
bear
with
me
here.
These
are
some
words
he
said
back
in
1965..
We
must
come
to
see
that
the
end
we
seek
is
a
society
at
peace
with
itself
and
I
do
emphasize
peace.
S
These
changes
that
are
proposed
by
the
city
staff
to
amend
our
Cupertino
city
council
and
commission
procedures
our
step
towards
this
piece,
but,
of
course,
on
a
much
smaller
scale,
I
wholeheartedly
support
these
changes
with
a
few
concerns,
but
I
sent
you
an
email,
so
you
guys
have
seen
those
I've
heard.
Some
speakers
tonight
try
to
change
nothing
about
what
we've
done
and
I
think.
We've
all
seen
the
news
we've
seen:
what's
happened
with
the
grand
jury
and
and
what
their
findings
were.
We
can't
keep
going
the
way
we've
been
going.
S
B
T
Thank
you
very
much.
Happy
New
Year
in
two
ways
to
our
new
mayor
council
members
and
staff
I
appreciate
the
the
alacrity
you've
used
to
address
the
issues
that
have
been
facing
our
city
and
I.
Think
the
city
city
attorney
did
a
great
job
of
creating
a
document
to
get
us
going
on
this.
We
need
to
do
it
quickly.
If
not
tonight,
I
think
you
should
set
a
deadline,
because
we
we
need
these
changes
to
happen,
and
we
could
talk
about
them
endlessly.
T
So
so
I'm
hoping
you
have
a
process
that
gets
us
to
closure.
If
not
tonight,
then
soon
I
did
have
a
couple
of
questions
that
I'll
leave.
You
with
I
wondered
if,
if
the
prohibition
on
Council
Members
managing
staff
members
applies
also
to
our
contractors,
because
I
know,
we
had
an
incident
last
year
where
a
council
member
directed
a
sheriff's
deputy
to
do
something
at
an
event,
and
it
seems
to
me
that
that
the
prohibition
about
managing
our
individual
staff
members
without
using
the
city
manager
should
also
apply
to
our
contractors.
T
That
would
be
Librarians
deputies,
firefighters,
anybody
else
who
also
comes
under
the
management
of
the
city
manager,
so
so
I
think
that
should
be
done.
It's
up
to
you
an
issue
that
I
that
I
was
wondering
about.
T
I
noticed
there
was
a
detailed
ordered
agenda
as
part
of
this
document,
but
there's
also
the
statement
in
here
that
the
city
that
the
mayor
sets
the
order
of
the
agenda
so
I
think
it
needs
clarification
which
one
you
mean
either
that
we
use
the
one
that
you
you
spelled
out
in
here,
or
that
the
mayor
has
discretion
or
the
mayor
has
discretion
to
change
the
one
that
you
spelled
out
in
here,
but
right
now
it's
ambiguous,
so
I
think
that
should
be
clarified
and
that's
all
I
had
to
say
I'm
really
happy
that
you
that
you're
you're
wrestling
with
these
tough
issues.
T
Our
city
has
a
bad
reputation
for
the
council
staff,
interaction
and
I
think
you're
on
the
road
to
fix
it.
Thank
you
very
much.
U
U
The
public
must
be
guaranteed
the
opportunity
to
speak
during
public
comment
without
prejudice
and
like
as
I
mean
by
that
is
the
non-agenda
and
also
agenda
items.
So
I'd
like
to
see
the
proposal
to
be
tightened
up
regarding
oral
Communications.
I
also
did
to
send
you
an
email
and
also
the
prohibition
to
essentially
be
able
to
speak
no
more
than
three
items
and
I
was
just
taken
aback
that
that
was
even
considered.
U
It
appears
that
it's
been
taken
back,
but
how
could
anybody
even
think
about
not
having
the
public
comment?
That's
and
that's
what
we
do.
U
Jennifer
Griffin
said
it
much
better
than
I
could
could
have,
and
we
should
be
allowed
to
speak
on
an
unlimited
number
of
items,
so
City
Council
Members
should
also
be
allowed
to
have
the
same
rights
and
privileges
as
the
general
public,
so
that
would
be
public
records
and
also,
as
a
former
melon
Paul
mentioned.
U
U
If
our
city
council
sees
it
fit
to
repeat
a
mayor
vice
mayor
or
to
have
a
former
council
member
on
a
committee,
so
be
it,
it
would
be
restrictive
of
the
available
pool
of
qualified
individuals
to
not
permit
a
former
council
member
to
serve
on
a
commission
or
committee
within
four
years
of
having
served
our
city.
This
is
just
plain
wrong.
U
Our
city
council
should
be
empowered
to
make
that
decision
with
respect
to
minutes
from
committees
and
subcommittees.
There
should
always
be
minutes.
This
is
for
the
administration,
that's
for
the
administrative
record.
They
must
be
made
available,
regardless
of
whether
a
recommendation
to
city
council
has
made
so
it.
It
seems
that
it
reads
it
only
if
a
recommendation
is
made,
but
it
should
be
regardless.
We
should
have
these
minutes
with
respect
to
consent.
Items
I'm
really
surprised
about
the
number
of
items
that
are
on
consent
calendar.
You
know
I
kind
of
get
it.
U
You
don't
want
to
have
to
be
a
staff
member
and
say:
oh
no
I'm
going
to
have
to
speak
to
this
item
because
it's
been
pulled
and
and
I
get
that
it's
not
fair.
It's
really
not
fair
to
to
staff
so,
but
we
should
be
allowed
to
defer
an
item
on
consent
calendar
to
a
future
to
a
future
meeting.
It
shouldn't
be
just
you
know,
by
default
accepted.
U
B
D
Thank
you
I'd
like
to
thank
all
the
public
who
made
comments
for
your
time
and
passion
and
your
communication.
Thank
you
very
much
now
I'm
going
back
to
the
council
for
questions.
We
need
to
finish
this
by
6
45
to
start
a
regular
meeting,
maybe
6
40,
so
that
five
minutes
for
from
each
Council
please
and
do
I
have
a
first
who
would
like
to
speak.
First.
F
R
F
D
C
Okay,
thank
you,
so
I'm
kind
of
wondering
how
we're
going
to
go
through
these
these
items,
if
you,
if
you
want
I,
can
just
start
at
one
and
go
through
and
and
give
you
my
comments
on
them
and
not
hearing
anything
I'm
going
to
go
ahead
and
do
that
so
I
agree
with
1.1
purpose,
striking
the
line
and
members
of
the
public
moving
on
to
2.1.
C
That
I
disagree
with
the
the
line
the
mayor
and
vice
mayor
shall
not
serve
consecutive
terms
and
agree
with
having
that
struck.
I,
don't
think
we
should
be
passing
2.2
until
we
have
determined
what
cause
actually
is
and
what
that
process
is
so
I
would
remove
it
until
we
we
have
decided
about
that.
C
C
Currently,
the
the
mayor
has
the
historic
Authority,
with
no
policy
to
drop
a
list
of
appointments
to
council
and
Regional
committees,
which
does
not
have
a
transparent
process.
There
is
no
description
of
how
the
decisions
are
made
and
there
is,
there
can
be
an
non-uniform
distribution
of
the
committee
assignments.
C
A
lack
of
concern
for
council
member
preferences
or
or
experience
and
I
did
have
some
concern
that
some
of
the
appointments
were
just
left
off
in
December
and
I
am
wondering
how
many
meetings
can
a
council
member
Miss
before
their
alternate
is
responsible
for
that
assignment?
See
so
I've
got
three
minutes
for
under
instructions
and
expectations.
I
did
a
little
bit
unrelated,
but
do
we
have
records
of
the
C2C
meetings
and
the
school
board
group
meetings?
C
C
Suggestion
I
think
this
is
great,
but
this
would
mean
that
all
of
the
reports
for
every
committee
and
subcommittee
are
available
in
writing
to
the
public
and
shall
be
submitted
to
the
city
clerk
as
written
Communications.
This
is
my
suggestion.
Prior
to
the
regular
council
meeting
where
the
reports
are
made,
the
reports
are
provided
up
to
the
previous
regular
council
meeting
to
stay
current
with
reporting
and
then
that
way.
All
the
council
members
have
a
better
idea
of.
C
What's
going
on
with
these
subcommittees
item,
4.2
I
add
a
preference,
preferably
the
chair
or
the
vice
chair,
at
least
where
it
says
at
least
one
commission
member
must
attend
City
Council
meetings.
C
My
preference
is
that
the
chair,
or
the
vice
chair,
would
be
the
individuals
I
really
like
the
training
that
you're
suggesting
in
item
4.3
for
item
4.4,
I
I
agree
with
the
the
change
suggestion
that
former
council
members
would
be
eligible
for
appointment
to
any
commission
or
committee
within
four
years
of
having
served
on
the
city
council
and
the
reason.
Why
is
that
a
former
council
member
would
have
a
good
deal
of
institutional
knowledge
which
would
be
becoming
obsolete
within
four
years?
C
So
I'm
not
sure
that
that's
wise,
let's
see,
item
4.6,
I
agree
with
removing
the
line.
Individual
council,
members
and
Commissioners
shall
the
right
to
attend
meetings
of
commissions
and
other
Cupertino
governmental
bodies,
but
shall
refrain
from
speaking
or
becoming
involved
in
deliberations.
I
felt
this
was
too
restrictive.
C
I'm
wondering
under
item
5.1
attendance,
if
we
could
add
something
like
Council
attendance,
will
be
noted
in
the
agenda
of
the
next
regular
meeting
and
thereafter
for
that
calendar
year.
If
three
or
more
meetings
are
missed,
I've
been
told
of
a
council
member
who's
missed
13
in
the
county
and
without
having
any
policy
official
correspondence
under
5.2
correspondence
official
correspondence.
C
I
would
prefer
that
there
would
not
be
the
brief
oral
report
solely,
but
that
there
would
be
a
written
report
required
and
that
Council
would
provide
that
written
report
to
council
consistent
with
Section
3.3,
because
I
really
like
the
reporting
ideas,
so
I
I,
think
I'll
stop
now
and
then,
as
we
Circle
back
I'll
move
on
from
5.5
to
the
end.
Thank
you.
Okay,.
F
Hi,
thank
you.
Thank
you,
City
attorney
for
on
preparing
this
report
on
it's
good
that
we
are
starting
the
first
step
to
establish
some
procedures,
but
as
far
as
I
know,
the
council
did
not
request
this
and
the
council
members
were
not
interviewed
before
the
draft
was
presented
and
the
commissions
were
not
consulted.
Stats
report
did
not
include
reference
materials
used
to
draft
a
handbook,
so
we
can
understand
what
other
cities
do
is
do
for
each
of
these
items.
F
The
revised
presentation
by
the
City
attorney
with
some
excellent
revision
suggested
I
have
not
been
able
to
find
out
from
the
city
website
or
in
my
email.
So
there
is
the
lack
of
information
for
us
to
take
action.
I
agree
with
a
lot
of
the
revision
proposed
and
the
quad
council
member
more
suggested,
but
I
would
not
have
time
to
go
through
them.
So
I'm
just
going
through
some
highlights.
First,
we
need
to
define
static,
searching
I
included,
quotes
from
Berkeley
and
Palo
Alto,
both
of
them
specify.
F
There
should
be
no
action
taken
during
study
session,
and
that
has
been
a
Cupertino
protocol
and
also
the
the
quoted
here
is
from
the
Berkeley
agenda
development
guidelines.
When
we
have
agenda
like
today
in
the
staff
report,
it
should
reference
who
were
the
sources
that
the
staff
have
consulted
and
what
sort
of
documents
were
used
to
to
derive
this
draft.
Those
were
not
provided
today
and
I.
F
Think
we
should
establish
that
protocol
and
what's
quoted
here,
is
from
our
own
municipal
code
and
specified
that
City
staff
should
make
every
effort
to
respond
in
a
timely
and
professional
manner
to
all
requests.
Such
languages
should
be
included
in
the
council
procedure,
and
it's
understand
that
sometimes
the
workload
might
be
too
significant.
Then
it's
appropriate
to
assign
to
two
steps
through
the
collective
direction
of
the
council.
F
According
to
the
municipal
code,
I'm
suggesting
that
city
manager
put
requests
which
would
require
significant
workload
to
council
agenda,
so
the
entire
Council
can
decide
with
public
input,
because
I
would
not
know.
Council
member
Mohan
suggests
maybe
requested.
Some
information
I
might
have
wanted
to
know,
but
I
would
not
able
to
be
able
to
ensure
be
rejected
because
it
requires
that
time,
but
maybe
the
public
also
would
like
to
know
so
I
think
that
should
be
put
on
the
agenda
for
the
entire
Council
to
weigh
in
and
decide
that's.
F
According
to
our
municipal
code
and
the
municipal
stand
stated
that
the
intention
of
this
section
on
information
request.
This
language
should
be
also
included
in
the
handbook.
So
it's
clear,
no
one
is
trying
to
circumvent
the
city
manager,
but
we
need
information
to
do
our
job
to
make
decisions
and
California
public
records
act
so
specifically
specify
elected
officials
should
be
permitted
to
get
public
records
to
do
our
duty
for
the
Public's
work
and
a
City
attorney
clarify
no
other
city
has
ever
had
any
restriction
on
public
record
requests.
F
These
are
the
list
of
cities,
City
attorney
has
consulted
and
the
Cupertino
will
be
the
first
one
and
the
Palo
Alto
Council
procedures
has
this
very
clear
guideline
that
I
think
we
should
include
respect
the
role
of
council
members
as
policy
makers,
so
that
when
the
staff
propose
something
there
should
be
options
proposed,
not
just
one
step
recommendation
and
pros
and
cons
of
each
Alternatives
considered.
F
So
you
can
read
that
more
and
also
Palo
Alto
Council
procedures
has
this
excellent
requirement
decision
making
should
be
based
on
the
same
information
council?
Member
on,
for
example,
council
member
Moore
requested
something
about
the
impact
fee.
Therefore,
she
voting
no
because
she
saw
the
report
was
inaccurate.
F
I
had
no
knowledge
of
that
report,
so
I
voted
yes
and
then
I
might
have
voted
to
know
if
I
had
the
same
information,
but
I
didn't
have
that
luxury
of
that
so
Palo
Alto
required
all
the
questions
and
responses
to
the
staff
be
made
available
to
the
entire
Council
and
the
public
so
that
we
all
know
the
best
information
to
make
the
best
decision.
This
is
another
Dynasty
attorney
mentioned
briefly
Palo
Alto.
F
Has
this
established
procedure
of
colleague
memos
two
council
members
can
write
up
on
a
brief,
like
one
page
memo
to
propose
a
potential
policy
or
study,
and
then
the
council
decides
whether
they
want
to
go
further
schedule
agenda
item
or
or
refer
that
to
commission
and
the
agenda.
Title
should
be
descriptive
so
that
an
include
actions
that's
requested.
So
the
public
is
aware
so
I
would
like
the
city
manager
to
develop
guidelines
for
Council
agenda
packet,
such
as
the
ones
that's
included
in
Berkeley
yeah
I'm
done.
Thank
you.
D
Okay,
thank
you
councilmember
ciao,
so
we
have
about
10
minutes.
So
I
would
like
to
give
a
council
member
froon
and
vice
mayor
Mohan,
the
five
minutes
and
five
minutes.
G
My
understanding
is
that
we've
never
had
a
procedures
manual,
all
this
time
generally
all
jurisdictions.
Do
we
have
it's
my
understanding
that
we
have
some
informal
practices?
That's
the
city
staff
use
as
guidelines,
and
that
may
have
worked
in
the
past,
but
it
will
not
work.
Now
we
are
a
sophisticated
city
of
sixty
thousand
and
generally
accepted
principles
called
for
a
prestigious
manual
in
municipal
government.
G
G
So
it
is
a
road
map
to
get
us
to
where
we
want
to
go
so
we're
not
there
as
yet
and
we
but
to
stymie
it
at
this
point
at
this
point
is
not
productive
and
it
doesn't
do
anything
so
my
suggestion,
my
recommendation,
is
that
we
move
forward,
taking
into
account
all
the
comments
that
we
have
received
and
that
City
attorney
has
listed
on
in
his
presentation
and
and
go
for
it
till
the
next
meeting
and
approve
a
procedures
manual.
We
need
something.
We
don't
have
anything
now.
G
We
will
not
have
a
perfect
document
a
month
from
now
or
two
months
from
now,
but
we
will
have
something
to
work
on
with
the
understanding
that
this
is
not
cast
in
stone
and
we
will
have
other
opportunities
to
make
revisions
if
something
doesn't
work,
but
we
should
keep
that
option
open
and
move
forward
with
this
procedures
manual.
Thank
you.
H
Right
so
I
generally
agree
with
most
of
the
document
as
it
is
originally
presented
to
us,
but
there
are
certain
revisions.
I
would
like
to
see
that
would
make
it
I
think
function.
Better
I
would
revise
section
5.7
to
strike
the
word
online
so
that
ethics
trainings
that
occur
say
in
the
course
of
a
normal
conference
that
the
city
council
might
engage
in
would
normally
be
counted.
H
I
think
that
that
would
harmonize
the
need
there
for
staff
to
be
prepared
and
for
us
to
respond
on
the
Deus
without
overburdening
the
rest
of
the
the
calendar.
For
that
day,
I
would
revise
section
8.6
to
remove
the
10-minute
time
limit
on
total
time
for
public
comment
by
a
single
member
of
the
public
and
I
would
increase
the
length
of
time
that
members
of
the
public
have
to
raise
their
hand
or
submit
a
blue
card
to
speak
up
to
nine
minutes
from
five
I.
H
Think
it's
important
that
people
have
the
opportunity
to
figure
out
how
to
participate,
and
that's
very
frequently,
an
issue
for
people
who
are
participating
for
the
very
first
time.
They'll
have
an
issue
with
zoom
they're,
not
quite
sure
where
the
link
is
or
they
get
cold
feet
and
have
to
work
up.
The
courage
I
think
that
they
deserve
the
opportunity
to
have
at
least
a
little
bit
more
time
to
to
get
involved.
H
I
would
revise
section
8.9.3
along
the
lines
of
the
recommendation
that
is
stated
in
the
city,
attorney's
supplemental
information
to
make
it
consistent
with
the
same
rule
that
we
have,
that
is
proposed
for
Council
questions
and
I
would
also,
in
addition
to
that,
like
that
rule
to
displace
any
contrary
rule
in
the
city's
rules
of
parliamentary
procedure,
I
would
revise
section
8.10
on
meeting
length
to
require
only
a
majority
of
members
present
in
voting
to
extend
Council
meetings.
D
I
do
believe
it
is
very
important
that
we
have
a
procedure
to
follow
as
councilman
vice
mayor
Mohan
says
we
don't
have
one
it's
good
to
have
one
so
that
everyone
is
clear.
The
council,
the
staff,
the
public,
is
clear.
How
are
we
going
to
move
forward
with
a
council
meeting?
This
is
a
business
meeting.
We
do
need
to
make
things
happen
and
I
do
believe
it
is.
We
need
a
procedure.
D
That's
going
to
be
offering
a
more
welcoming
public
comment
or
communication
sections
to
welcome
a
diverse
group
of
people
to
come
and
talk
and
not
to
be
intimidated
by
a
certain
group
of
people.
So
I
do
believe
that
we
need
something
to
follow
and
I
Can
See
Clearly
tonight.
We're
probably
not
ready
to
vote
so
and-
and
the
second
thing
is
a
really
well-run
meeting-
does
not
have
to
be
long.
D
If
council
members
in
public
are
well
prepared,
I've
read
this
package
three
times
and
I,
make
comments
to
myself
and
I
understand
a
lot
of
things
and
things:
I,
don't
understand.
I
emailed
city
manager,
city
manager,
Wu
and
Council
and
attorney
Jensen,
ask
questions
so
I
do
believe
well
prepared
city
council
meeting
does
not
need
to
be
long.
Efficient,
responsible
council
meeting
is
good.
Last
year,
if
I
understand,
we
have
60
City
Council
meetings,
including
all
kinds
of
Council
meetings.
D
D
But
if
I
can
propose
to
my
fellow
council,
members,
I'm-
probably
not
ready
to
vote
tonight,
but
we
can
collectively
email
our
recommendations
to
city
manager
who
and
attorney
Jensen
and
a
new
proposal
we
can
put
on
the
next
agenda
as
an
action
item
and
have
plenty
of
time
to
work
it
through
again,
and
that
will
be
my
proposal
but
I'm
welcoming
your
Council
member's
input
on
that
shortly.
Please,
because
we
need
to
recess
in
about
two.
H
Yeah,
just
as
a
point
of
order,
we
have
a
second
study
session
item
and
we
would
ordinarily
have
to
start
the
regular
city
council
meeting
at
6
45.
So
if
we
are
going
to
continue
this
item,
I
would
suggest
that
we
continue
that
one
as
well
and
I
would
be
open
to
a
special
meeting
if
necessary,
in
order
to
ensure
that
it's
done
in
a
timely
fashion.
D
Okay,
council,
member,
more.
C
Okay,
so
that
didn't
quite
sound
like
us
like
a
second
I'm,
not
sure
because
it
got
it
got
amended
so
I'm
gonna,
if
I
can
I'd
like
to
alter
it
a
little
bit
and
have
this
at
a
regularly
scheduled
meeting,
because
we
did
have
a
significant
number
of
comments
from
the
public
regarding
this
being
a
study
session,
a
special
meeting
and
if
we
could
do
this
at
a
at
a
at
a
regularly
scheduled
meeting
I
think
that
might
be
beneficial.
Maybe
that
distinction
doesn't
need
to
be
made.
C
So
I
do
have
a
number
of
other
comments
that
I
would
like
to
to
get
into
the
record
and
and
be
part
of
the
next
meeting,
one
of
them
being
item
5.8.
The
mayor's
initiative
budget.
We
actually
didn't
from
the
research
I
did
searching
through
our
last
proposed
budget.
I'll
allocate
any
money
to
it.
So
you
we
need
to
address
that
topic
as
well.
D
V
Through
the
mayor,
we
obviously
don't
have
time
to
finish
this
item
or
item
number
two.
You
have
two
options.
One
is
to
continue
it
to
a
regularly
scheduled
meeting
which
is
February
7th.
We
do
have
a
number
of
items
scheduled
already
for
that
meeting
or
if
you
wish,
you
can
have
a
special
meeting.
This
is
a
month
where
five
weeks
happen,
so
there
will
be
an
extra
week
we're
away
in
Sacramento,
most
of
us
the
rest
of
this
week.
D
E
So
you,
you
would
need
a
motion
to
continue
these
items
either
way.
As
far
as
the
timing,
I
would
just
urge
the
council
to
build
in
enough
time
to
get
comments
to
staff,
so
we
could
synthesize
them
in
a
staff
report
and
I
know
that
that
some
of
you
will
not
have
a
lot
of
availability
in
the
next
few
days.
So
so
I
would
just
encourage
you
to
to
keep
that
schedule
in
mind.
Okay,.
F
So
I'll
modify
my
motion
to
continue
the
first
item
to
a
study
session,
but
with
the
action
to
be
to
be
scheduled
and
in
a
regularly
scheduled
meeting
and
the
second
item
I
would
like
that
to
be
continued
to
be
on
I
guess
it
still
continued
to
the
to
a
study
session.
But
I
would
like
the
title
to
be
more
descriptive.
I
have
suggested
the
wording
to
the
City
attorney
so
that
it's
not
just
about
roles
and
responsibilities.
F
C
Through
the
mayor,
I
questioned
so
I
I
believe
when
you're
using
the
word
consolidation
you
want
it
described
as
elimination,
perhaps
so
that
people
understand
that
word
better,
but
I
I
will
second
that,
but
I
just
want
to
make
sure
consolidation
or
elimination
is.
You
know,
I
think
it
makes
a
difference
to
the
public
perception.
C
E
I
would
just
remind
everybody
that
we
are
still
on
deliberating
on
item
number
one.
Oh.
E
C
And
and
through
the
mayor,
if
I
understood
correctly
you're
asking
for
the
the
item
to
have
a
study
session
to
go
over
item
one
and
then
have
the
actual
action
occur
at
a
regularly
scheduled
meeting.
It.
G
So
I
had
one
question:
please
Mary:
what
are
the
timelines
we're
not
talking
about
the
next
council
meeting?
Are
we?
Is
there
a
special
meeting
between
now
and
the
next.
V
Through
the
mayor,
there
isn't
one
right
now,
so
we
will
have
to
pull
each
of
the
council
members
availability
to
see
if
we
have
a
date
available
and
the
facility
is
available.
If
not,
it
will
very
well
be
the
February
7
regular
meeting
or
the
five
o'clock
special
meeting
ahead
of
the
regularly
scheduled
meeting
point
of
clarification.
Council
member
ciao
mentioned
that
study
sessions
usually
don't
come
with
the
action.
I
do
want
to
clarify
that
Council
has
taken
actions
in
the
past
during
study
sessions.
D
Okay,
thank
you.
Do
you
have
a
clear
language
of
the
motion.
B
Yes,
would
you
like
me
to
repeat
it?
Yes,
please
so
moved
and
more
seconded
to
continue
study
session
item
number
one
to
another
study
session,
with
the
action
to
be
scheduled
at
a
regularly
scheduled
council
meeting
and
to
continue
item
two
study
session
to
another
study
session.
Is
that
accurate,
oh.
D
Yeah,
okay,
so
we
have
a
motion
in
a
second
discussions.
H
D
Okay,
so
if
the
clarification
is
done,
let's
vote
by
light,
please.