CC 07-03-2018 Item No. 7 May 15, 2018 City Council Minutes - Written Communications·c c 1 / 3 I J t
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Grace Schmidt
From: Randy Shingai <randyshingai@gmail.com >
Tuesday, July 03, 2018 9:55 AM Sent:
To: City Council; City Attorney's Office; City Clerk
Subject: Today's Closed Session, Approval of May 15, 2018 Minutes, and Government Code
54957 .1
Dear Council and City Attorney
I just wanted you to be mindful of portions of the Brown Act that relate to closed session
reporting .
Government Code 54957.1
(a) The legislative body of a n y lo ca l agency shall publicly r e port a ny ac tion taken in closed
session and the vote or ab s t e ntion on that acti o n of eve ry m e mb er present, as follows:
(2) Approval give n to its legal cou nse l to defend, o r seek o r r efrain from seeki ng appellate
review or r elief, o r to enter as an amicus cu r iae in an t form of litigation as the result of a
consultation under Section 54956. 9 shall be reported in open session at the public meeting
during which the closed session is held. The report shall identify, if known , the adverse
party or parties and the substance of the litigation . In the case of approval given to initiate
or intervene in an action, the announcement need not identify the action, the defendants,
or other particulars, but shall specify that the direction to initiate or intervene in an action
has been given and that the action, the defendants, and the other particulars shall, once
formally commenced, be disclosed to any person upon inquiry, unless to do so would
jeopardize the agency's ability to effectuate service of process on one or more unserved
parties, or that to do so would jeopardize its ability to conclude existing settlement
negotiations to its advantage.
(5) Ac ti o n take n t o app o in t, e mp loy, d ismiss , acce pt th e r es igna t io n of or ot h e r w ise affect
th e e mp loy m ent sta tus of a publ ic e mpl oye e in clos e d sessi o n pursuant to Section 54957
shall be reported at the public meeting during which the closed session is held. Any report
required by this paragraph shall identify the title of the position. The general requirement
of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an
employment contract shall be deferred until the first public meeting following the
exhaustion of administrative remedies, if any.
(b) Reports that are required to be made pursuant to this section may be made orally or in
writing . The legislative body shall provide to any person who has submitted a written request to
the legislative body within 24 hours of the posting of the agenda, or to any person who has
made a standing request for all documentation as part of a request for notice of meetings
pursuant to Section 54954.1 or 54956, if the requester is present at the time the closed session
ends, copies of any contracts, settlement agreements, or other documents that were finally
approved o r adopted in the closed session . If the action taken results in one or more substantive
amendments t o the related documents requiring retyping, the documents need not be re lease d
1
until the retyping is completed during normal business hours, provided that the presiding officer
of the legislative body or his or her designee orally summarizes the substance of the
amendments for the benefit of the document requester or any other person present and
requesting the information.
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From: randyshingai@gmail.com
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City Council Minutes May 15, 2018
reconvened in open session at 6:45 p.m. in the Cupertino Community Hall Council Chambers,
10350 Torre Avenue for the Regular Meeting.
2. Subject: Conference with Real Property Negotiators (Government Code Section 54956 .8);
Property: City-wide Public Right of Way; Agency Negotiator: Timm Borden; Negotiating
Parties: City of Cupertino and Verizon; Under Negotiation: Terms for Leased Use of Public
Right of Way
Mayor Paul announced that the item was received and direction was given.
3. Subject: Public Employee Employment (Gov't Code 54957(b)(l); Position: City
Manager.
Mayor Paul announced that the item was received and direction was given.
Mayor Paul also announced that a closed session was held on May 7 regarding:
Subject: Public Employee Employment and Appointment (Gov't Code 54957(b )(1 ); Position:
Interim City Manager.
Mayor Paul announced that the item was heard and direction was given.
Subject: Public Employee Employment (Gov't Code 54957(b)(l); Position: City Manager.
Mayor Paul announced that the item was heard and direction was given.
Mayor Paul also announced that a closed session was held on May 11 regarding:
Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City
Attorney .
Written communications for this item included emails to Council.
The following individuals spoke on this item:
J.R. Fruen (Cupertino resident)
Jeal_"l !3edord (Cupertino resident)
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