DRAFT MINUTES
CUPERTINO CITY COUNCIL
Wednesday, January 25, 2023
SPECIAL MEETING
At 4:00 p.m., Mayor Hung Wei called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.
ROLL CALL
Present: Mayor Hung Wei, Vice Mayor Sheila Mohan, and Councilmembers Liang Chao, J.R. Fruen and Kitty Moore. Absent: none.
STUDY SESSION
Subject: Consider adopting Cupertino City Council Procedures Manual, including a new Ceremonial Correspondence Policy (Continued from January 17, 2023) Recommended Action: Provide input regarding Council procedures and approve Resolution No. 23-021 adopting Cupertino City Council Procedures Manual, including a new Ceremonial Correspondence Policy Presenter: Christopher Jensen, City Attorney
Written communications for this item included a staff presentation, City Council Procedures Manual - Supplemental Staff Report with Amended Attachment A, and emails to Council.
City Attorney Christopher Jensen gave a presentation.
Councilmembers asked questions and made comments.
Mayor Wei opened the public comment period and the following people spoke.
Peggy Griffin opposed taking action at a study session and supported modifications to the draft procedures manual. (Submitted written comments).
Jennifer Griffin supported modifications to the draft procedures manual.
Lisa Warren opposed taking action at a study session and supported modifications to the draft procedures manual.
Rhoda Fry opposed taking action at a study session and supported modifications to the draft procedures manual.
Donna Austin supported the draft procedures manual.
Louise Saadati supported the draft procedures manual.
Danessa Techmanski opposed taking action at a study session and supported modifications to the draft procedures manual.
Mayor Wei closed the public comment period.
Council took straw votes on whether to incorporate the suggested Councilmember revisions into the proposed Procedures Manual. Items with three or more votes were incorporated.
Proposed Section Revision
Fruen
Moore
Mohan
Chao
Wei
Vote
1.1 (Moore) Purpose. Delete "and members of the public." No
Yes
No
No
No
Noes (4)
1.3 (Chao) Brown Act. Add a new Section 1.2 that reads as follows: "Principle. The City Council maintains control as the governing body. This manual ensures free and fair access to the flow of any information relative to the operation of the City and free and fair access to public meetings.” No
Yes
No
Yes
No
Noes (3)
2.1 (Moore) Selection of Mayor and Vice Mayor. Delete: "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." No
Yes
No
No
No
Noes (4)
2.2 (Mohan) Removal of Mayor and Vice Mayor. Add “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 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..” Yes
No
Yes
Yes
Yes
Ayes (4)
Proposed Section Revision
Fruen
Moore
Mohan
Chao
Wei
Vote
3.1 (Chao) Replace Section 3.1 with the following: "It will be the responsibility of the committees and subcommittees to inform and submit recommendations to the Council. The purpose and scope of each standing or ad hoc committee should be stated when it is formed and re-stated when councilmembers are appointed to the committee at a regular meeting.
The City Manager shall prepare a report to Council about the anticipated time commitment required for staff to assist the Ad Hoc Committee.
Information: The scope, membership, time of creation and estimated number of meetings for each Ad Hoc Committee shall be posted to the City Council website.
Termination: A majority of the Council may vote to terminate any Ad Hoc Committee following a written report by the committee.
Ad Hoc Committees do not constitute legislative bodies and are not subject to the requirements of the Brown Act. Standing committees that have a continuing or indefinite jurisdiction are subject to the Brown Act." No
Yes
No
Yes
No
Noes (3)
3.3 (Moore) 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." No
Yes
Yes
No
No
Noes (3)
Council recessed from 5:55 p.m. to 6:00 p.m.
Proposed Section Revision
Fruen
Moore
Mohan
Chao
Wei
Vote
4.2 (Wei) Attendance at Council Meetings. Staff shall provide the commission with advance notice for the commission to select a member to attend the City Council meeting.
Yes
Yes
Yes
Yes
Yes
Ayes (5)
4.2 (Moore) 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.
Yes
Yes
Yes
Yes
Yes
Ayes (5)
Proposed Section Revision
Fruen
Moore
Mohan
Chao
Wei
Vote
4.4 Appointment. (Multiple) “…Former Councilmembers are not eligible for appointment to service on any commission or committee within four years of having served on the City Council.
No
No
-
-
No
Noes (3)
4.4 (Chao) Delete the last sentence "Former Councilmembers are not eligible for appointment to any commission or committee within four years of having served on the City Council."). Add: "City staff should report communications from former Councilmembers and former commissioners on issues related to City business through phone calls or in-person communications." No
Yes
No
Yes
No
Noes (3)
4.4 (Moore) "... Former Councilmembers are not eligible for appointment to any commission or committee within four years of having served on the City Council. Commissioners and committee members shall not be employees of the City or companies which the City contracts with, or employees of subcontracted companies." No
Yes
No
Yes
No
Noes (3)
4.5 (Staff) Removal. The City Clerk shall remove commission or committee members for failure to comply with attendance policies adopted in the Commission and Committee Handbook Commissioner’s Handbook.
Yes
Yes
Yes
-
Yes
Ayes (4)
4.5 (Chao) “The City Clerk shall remove inform the Council to consider removal of commission or committee members for failure to comply with attendance policies adopted in the Commission and Committee Handbook…” No
-
No
Yes
No
Noes (3)
4.6 (Staff) Undue Influence on Commissioners. Delete and commissioners” from the last sentence of Section 4.6.
Yes
Yes
Yes
Yes
-
Ayes (4)
4.6 (Moore) Individual Councilmembers and commissioners 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.
Yes
Yes
Yes
Yes
-
Ayes (4)
5.1 (Moore) Attendance. 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.
Yes
Yes
Yes
Yes
Yes
Ayes (5)
5.2 (Moore) Correspondence. Official correspondence from any member of Council shall be provided to all members of Council." No
Yes
No
-
No
Noes (3) Staff to review process
Proposed Section Revision
Fruen
Moore
Mohan
Chao
Wei
Vote
5.2 (Chao) Add staff recommendation and urgent correspondence will be added to Consent Calendar on next Council agenda for public information.
Yes
-
No
Yes
No
Staff to review process
5.3 (Chao) Regional Bodies. The Mayor makes the recommendation which is then approved by the Council.
No
-
No
Yes
No
Noes (3)
5.3 (Moore) "Council representatives to such various boards shall keep the Council informed of ongoing business through brief oral or and written reports to the Council”; and add the following: The Council representative shall provide a written report to Council consistent with Section 3.3.
No
Yes
No
-
No
Noes (3)
5.7 (Staff) Council Training. 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 or, 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.
Yes
Yes
-
Yes
Yes
Ayes (4)
5.8 Mayor’s Initiative Budget. Keep this section.
Yes
No
Yes
No
Yes
Ayes (3)
6.6 (Staff/Chao) Councilmember Access to Information. 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.
Yes
Yes
Yes
Yes
-
Ayes (4)
7.1 (Wei) Future Agenda Items: "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 that are outdated or obsolete, from the list of future agenda items. Any item Outdated or obsolete items may be removed for the future agenda items list by a majority vote of the City Council. The City Manager may ask Council to reaffirm that items remain on the future agenda items list with the support of two councilmembers.
No
-
No
No
No
Noes (4)
7.1 (Multiple) Delete the sentence: Any item may be removed for the future agenda items list by a majority vote of the City Council.” No
-
No
No
No
Noes (4)
7.1 (Chao) Adopt a Council procedures manual that follows the “Colleagues Memo” process used by the City of Palo Alto.
No, add to future agenda
No, add to future agenda
No, add to future agenda
No, add to future agenda
No, add to future agenda
Noes (4) add to future agenda
Proposed Section Revision
Fruen
Moore
Mohan
Chao
Wei
Vote
7.1 Future Agenda Items: Discuss this section further on a future agenda. -
Yes
-
Yes
Yes
Ayes (3)
7.5 (Staff) Agenda Publication. Agenda packets for a regular meeting should be published and delivered to Councilmembers no later than the Thursday Wednesday prior to a Tuesday Council meeting.
Yes
No
Yes
Yes
Yes
Ayes (4)
7.6 (Chao) 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.
Yes
Yes
Yes
Yes
Yes
Ayes (5)
8.2 (staff) Seating of Councilmembers. For meetings held in Council Chambers at Community Hall, the Mayor shall be seated at the center of the dais and the Vice Mayor shall be seated immediately to the Mayor’s left. The remaining Councilmembers shall be seated in order of seniority as follows: (1) the seat immediately to the right of the Mayor; (2) the last seat on left side of the dais; (3) the last seat on the right side of the dais. Seniority shall be based on the number of consecutive years of service on the City Council. If two members have equal seniority based on service, the member with the higher vote count in their most recent election is considered to have higher seniority.
Yes
Yes
Yes
Yes
Yes
Ayes (5)
8.4 (Chao) Order of Business.
1. Call to Order
Pledge of Allegiance
Roll Call
Closed Session Report
Ceremonial Items
Postponements and Orders of the Day
Oral Communications (public comment on non‐agenda matters) Consent Calendar
Public Hearings
Action Calendar
Items Removed from the Consent Calendar
Council Reports and Comments
City Manager Report
Oral Communications (continued)
Informational Items
Council and Staff Comments and the Future Agenda Items
17. Adjournment
Yes
Yes
Yes
Yes
Yes
Ayes (5)
Council recessed from 8:44 p.m. to 8:50 p.m.
Proposed Section Revision
Fruen
Moore
Mohan
Chao
Wei
Vote
8.5.1 (Chao) 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. In addition, any item may be placed on the consent calendar by a majority vote of 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 may be acted upon together, and each shall be deemed to have received the action recommended. Items may be removed from the consent calendar only by a member of the City Council.
No
Yes
Yes
Yes
Yes
Ayes (4)
8.5.2 (Fruen/Wei) Removing Item from Consent Calendar. Revise to allow Councilmembers to remove at most one item from the consent calendar without providing notice before the Council meeting begins. 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.
Yes
No
Yes
Yes
Yes
Ayes (4)
8.5.2 (Moore) Delete Section 8.5.2.
No
Yes
No
No
No
Noes (4)
8.6 (Wei) Follow as recommended by staff to limit public comment up to 10 minutes if the speaker is representing five or more people and all other procedures are the Mayor's discretion. No member of the public may be allocated more than a combined total of 10 minutes to speak during a Council meeting. -
-
-
-
-
-
Proposed Section Revision
Fruen
Moore
Mohan
Chao
Wei
Vote
8.6 (Moore) No member of the public may be allocated more than a combined total of 10 minutes to speak during a Council meeting. -
-
-
-
-
-
8.6 (Fruen) Public Comment. Remove the 10-minute limit on total time for public comment by a single member of the public and to increase the length of time members of the public have to raise their hand or submit a blue card to speak to 9 minutes or prior to the close of public comment.
Yes
Yes
Yes
-
Yes
Ayes (4)
8.6 (Chao) Support a 5-minute time limit but add a future agenda item on a better method of handling both virtual in-person speaker cards. -
-
-
Yes
-
-
8.9.1 (Staff) Ex Parte Contacts. Councilmembers shall disclose any ex parte contacts prior to deliberation on a quasi-adjudicative matter 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 indirectly with any person or party in connection with a matter before the Council, without notice and the opportunity for all parties to participate.
Yes
Yes
Yes
Yes
Yes
Ayes (5)
8.9.3 (Wei) Council Questions and Deliberations. Add "...The Mayor may allow additional time for deliberation where appropriate.” -
Yes
-
Yes
-
-
8.9.3 (Fruen) Councilmembers may obtain the floor by seeking recognition from the Mayor. Following presentations to Council on an agenda item, Councilmembers shall each be given 5 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 should limit their time to 5 minutes. 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 questions where appropriate. This rule shall displace any conflicting rule in the City’s adopted rules of procedure.
Yes
Yes
-
Yes
Ayes (3)
Proposed Section Revision
Fruen
Moore
Mohan
Chao
Wei
Vote
8.10 (Fruen) Meeting Length. 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 2/3 vote of a majority of the City Council suspends this rule and votes affirmatively to extend the meeting past 11:30 p.m.
Yes
Yes
-
Yes
Yes
Ayes (4)
8.11 (Moore) 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:
Open Public Hearing
Staff Report (preferably ≤ 10 minutes)
Applicant’s presentation (where applicable) (preferably ≤ 8 minutes) Questions from the Council
Public comment
Applicant’s response to public comment (where applicable) (preferably 2 minutes) Close Public Hearing and vote
Where the public hearing involves an appeal of a decision to the City Council, the order of proceeding shall be as follows:
Open Public Hearing
Staff Report (preferably ≤ 10 minutes)
Appellant’s statement (preferably ≤ 8 minutes)
Applicant’s statement (where applicable) (preferably ≤ 8 minutes) Questions from the Council
Public comment
Applicant’s response to public comment (where applicable) (preferably 2 minutes) Appellant’s response to public comment (preferably 2 minutes) Close Public Hearing
10. City Council discussion and vote
Yes
Yes
Yes
Yes
Yes
Ayes (5)
8.12 (Staff) 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.
Yes
Yes
-
Yes
-
Ayes (3)
Proposed Section Revision
Fruen
Moore
Mohan
Chao
Wei
Vote
8.13 (Chao) Add a new paragraph to Section 8 that reads as follows: Study Sessions. Study Sessions are meetings during which the Council receives information about City business in an informal setting. The informal study session setting is intended to encourage in depth discussion and detailed questioning and brainstorming by Council on issues of significant interest including City policy matters, zoning applications, and major public works projects. The Council may discuss the material freely without following formal rules of parliamentary procedure. Staff may be directed to bring matters back for future Council consideration as no action can be taken at a study session. The Decorum rules still apply to the behavior of the Council and public.
No
-
No
-
No
Noes (3)
10. (Moore) Revise “2/3 vote of the Council”” to state “ three votes of the Council” -
Yes
Yes
Yes
-
Ayes (3)
5.5 (Staff) Ceremonial Correspondence. Remove policy and bring back for Council consideration at a later date. -
-
-
-
-
-
Chao moved to accept Council’s straw vote recommendations and direct staff to take Council’s input and return with a revised Council Procedures at the next regular City Council meeting; and bring back the future agenda items that were discussed. There was no second and Chao’s motion was not considered.
The following items will be provided to Council separately:
Current Mayor’s Initiative Budget resolution and if Council desires to update the current resolution, this can be done at a future date. quarterly report on the To-Be-Determined (TBD) list of draft future agenda items email to Council on exact times that Council questions will be provided as supplemental materials/desk items email to Council on what qualifies as a Consent Calendar agenda item include examples of study session policies from other cities when future revisions are discussed for the adopted council procedures further discussion on the Colleagues Memo Policy
Wei moved and Chao seconded to provide direction to the City Manager and City Attorney to consolidate the straw vote recommendations and return to Council with a revised Procedures Manual that reflects the results of the straw poll votes, for consideration at the next regular City Council meeting; and provide more information to Council on the additional items discussed prior to adding to a future City Council agenda. The motion carried with Moore voting no.
Subject: Study Session to consider modifying Municipal Code Title 2 regarding compositions and responsibilities of existing Commissions and Committees (Continued from January 17, 2023) Recommended Action: Direct staff to proceed with ordinance amendment to consolidate existing Commissions and Committees Presenter: Pamela Wu, City Manager
Written communications for this item included a staff presentation and emails to Council.
City Manager Pamela Wu gave a presentation.
Councilmembers asked questions and made comments.
Mayor Wei opened the public comment period and the following people spoke.
Peggy Griffin opposed consolidating the Environmental Review Committee (ERC), Design Review Committee (DRC), Legislative Review Committee (LRC), and Economic Development Committee (EDC).
Jennifer Griffin opposed consolidating the ERC, LRC, and other Committees.
Lisa Warren opposed discontinuing the City Hall Renovation Subcommittee and consolidating the ERC, DRC, LRC, and EDC.
Donna Austin supported consolidating existing Commissions and Committees and the staff recommendation.
Rhoda Fry opposed consolidating the ERC and DRC and delegating the EDC and LRC.
Louis Saadati supported consolidating existing Commissions and Committees and the Subcommittees.
Housing Commissioner Tessa Parish (representing self) opposed consolidating the ERC and DRC and delegating the LRC and EDC.
Mayor Wei closed the public comment period.
Fruen moved and Mohan seconded the staff recommendation to:
1) Consolidate certain Commissions and Committees; and
2) Discontinue all previously formed subcommittees; and 3) Proceed with preparation of necessary ordinance amendments.
Chao moved and Moore seconded a substitute motion to:
1. Combine the Environmental Review Committee (ERC) and Design Review Committee (DRC) into one committee but not merge with Planning Commission;
2. Remove the Legislative Review Committee (LRC);
3. Remove the Administrative Hearing Committee (AH) from the list;
4. Merge the Disaster Council with the City Council;
5. Retain the Economic Development Committee (EDC);
6. Follow the staff recommendation to discontinue the Subcommittees;
7. Follow the staff recommendation to proceed with preparation of necessary ordinance amendments.
The substitute motion failed with Chao and Moore voting yes.
Chao made a friendly amendment for staff to return with alternative suggestions for the current structure of the Economic Development Committee. (Fruen and Mohan accepted the friendly amendment).
Moore moved and Chao seconded a second substitute motion to move the recommended action with the amendment to retain the Economic Development Committee as codified. The second substitute motion failed with Chao and Moore voting yes.
Final motion:
Fruen moved and Mohan seconded the staff recommendation to:
1) Consolidate certain Commissions and Committees; and
2) Discontinue all previously formed subcommittees; and 3) Proceed with preparation of necessary ordinance amendments; and 4) Provide direction for staff to return with alternative suggestions for the current structure of the Economic Development Committee.
The motion carried with Moore voting no.
ADJOURNMENT
At 11:59 p.m., Mayor Wei adjourned the Special City Council Meeting. ________________________
Kirsten Squarcia, City Clerk
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