CC 01-25-2023 (Special)
APPROVED 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
1. 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.
City Council Minutes January 25, 2023
Page 2
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)
City Council Minutes January 25, 2023
Page 3
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
Yes Yes Yes Yes Yes Ayes
(5)
City Council Minutes January 25, 2023
Page 4
questions.
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
City Council Minutes January 25, 2023
Page 5
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)
Proposed Section Revision Fruen Moore Mohan Chao Wei Vote
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 Ayes
(3)
6.6 (Chao/Moore) The City Manager shall place
requests that impose a significant workload on staff
on the Council agenda for review by the full Council,
along with a statement from that Councilmember as
to why the information is needed. No Councilmember
shall circumvent the City Manager’s direction
regarding a request for information by seeking
information through a Public Records Act request.
- Yes - Yes - -
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
No - No No No Noes
(4)
City Council Minutes January 25, 2023
Page 6
reaffirm that items remain on the future
agenda items list with the support of two
councilmembers.
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
(5) 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
Yes Yes Yes Yes Yes Ayes
(5)
City Council Minutes January 25, 2023
Page 7
• 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
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
Yes No Yes Yes Yes Ayes
(4)
City Council Minutes January 25, 2023
Page 8
with staff before the meeting, they are not required to
do so. Items removed from the consent calendar shall
be placed at the end of the agenda for consideration.
8.5.2 (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,
Yes Yes - Yes Ayes
(3)
City Council Minutes January 25, 2023
Page 9
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.
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
Council 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:
1. Open Public Hearing
2. Staff Report (preferably ≤ 10 minutes)
3. Applicant’s presentation (where applicable)
(preferably ≤ 8 minutes)
4. Questions from the Council
5. Public comment
6. Applicant’s response to public comment (where
applicable) (preferably 2 minutes)
7. Close Public Hearing and vote
Where the public hearing involves an appeal of a
decision to the City Council, the order of proceeding
shall be as follows:
1. Open Public Hearing
2. Staff Report (preferably ≤ 10 minutes)
3. Appellant’s statement (preferably ≤ 8 minutes)
4. Applicant’s statement (where applicable)
(preferably ≤ 8 minutes)
5. Questions from the Council
Yes Yes Yes Yes Yes Ayes
(5)
City Council Minutes January 25, 2023
Page 10
6. Public comment
7. Applicant’s response to public comment
(where applicable) (preferably 2 minutes)
8. Appellant’s response to public comment
(preferably 2 minutes)
9. Close Public Hearing
10. City Council discussion and vote
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 - Yes Yes Yes - Ayes
City Council Minutes January 25, 2023
Page 11
“ three votes of the Council” (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.
2. 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.
City Council Minutes January 25, 2023
Page 12
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
City Council Minutes January 25, 2023
Page 13
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