CC Resolution No. 23-026 to repeal and replace Resolution No. 18-010 regarding the Legislative Review CommitteeRESOLUTION NO. 23-026
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
REVISITING THE CITY OF CUPERTINO LEGISLATIVE ADVOCACY
POLICY
WHEREAS, the City Council has an interest in weighing in on state, federal,
and regional legislative issues that impact the City and its residents; and
WHEREAS, the City receives legislative action alerts sent by various city
associations that need to be reviewed on a case by case basis; and
WHEREAS, the City Council has historically approved City positions on
proposed legislation by majority vote of the City Council; and
WHEREAS, in addition to allowing for City Council action, Cupertino
City Council Resolution No. 18-010 established a Legislative Advocacy Policy
that delegated Council power to the Legislative Review Committee to take
positions on proposed legislation where the position was within the judgment of
the Committee consistent with the City’s adopted Legislative Advocacy Policy;
and
WHEREAS, the City Council finds that this delegation of authority is
inconsistent with Municipal Code section 2.17.031, which provides that the
authority of the City Council “cannot be delegated to individual Council
members, nor to committees composed of council members consisting of less
than a quorum of the City Council”; and
WHEREAS, the City Council wishes to revise the Legislative Advocacy Policy to
ensure consistency with the Municipal Code and to allow the City Manager to take
direction from the full Council, consistent with the requirements of the Municipal
Code.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council hereby adopts the Legislative Advocacy Policy
attached hereto as Exhibit A.
Resolution No. 23-026
Page 2
2. Resolution No. 18-010 and any other procedures, polices, or rules
adopted by the Council that are inconsistent with this Resolution are
hereby repealed and rescinded.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of February, 2023, by the following vote:
Members of the City Council
AYES: Wei, Mohan, Fruen
NOES: Chao, Moore
ABSENT: None
ABSTAIN: None
SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
2/24/2023
2/28/23
Resolution No. 23-026
Page 3
LEGISLATIVE ADVOCACY POLICY
I.PURPOSE
The purpose of this policy is to establish guidelines regarding City legislative
advocacy by the City Council.
II.BACKGROUND
The City has actively taken positions on legislation for many years through
direction of the full Council and the Legislative Review Committee. On January
25, 2023, the City Council voted to dissolve the Legislative Review Committee
and consider taking positions on pending legislation as a full Council.
III.POLICY STATEMENT
1.Each year staff will monitor and research pending legislation to
identify bills that could significantly impact Cupertino. Staff will bring
these identified bills to Council for consideration at a City Council
meeting. With authorization from the full Council, City staff shall
prepare position letters for the Mayor’s signature. This work can be
additionally supported by a contracted lobbyist, as needed.
2.In circumstances where Council review is impracticable, the City
Manager can authorize staff to prepare position letters for the Mayor’s
signature on urgent matters. Positions must align with a policy
adopted by the City Council or other clear direction provided by vote
of the full Council that supports the position taken on legislation.
3.Legislative advocacy should focus on issues directly relevant to or
impacting the provision of municipal services. Generally, the City will
not address matters that are not pertinent to the City’s local
government services, such as international issues.
IV.IMPLEMENTATION
The City Manager shall monitor the provisions of this policy. City departments
are encouraged to monitor and be knowledgeable of any legislative issues related
to their discipline. However, any requests for the City to take positions on a
legislative matter must be directed to the City Attorney’s Office. City
Exhibit A
Resolution No. 23-026
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departments may not take positions on legislative issues without City Manager’s
Office review, and approval from the full Council when required by this policy.