CC 09-06-2023
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Wednesday, September 6, 2023
SPECIAL MEETING
At 6:45 p.m., Mayor Wei called the Special City Council Meeting to order and led the Pledge of
Allegiance 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.
CLOSED SESSION REPORT - None
CEREMONIAL ITEMS
1. Subject: Proclamation recognizing September as National Suicide Prevention Month
Recommended Action: Present proclamation recognizing September as National
Suicide Prevention Month
Mayor Wei presented the proclamation recognizing September as National Suicide
Prevention Month.
POSTPONEMENTS AND ORDERS OF THE DAY - None
ORAL COMMUNICATIONS
The following people spoke:
Jennifer Griffin discussed Senate Bill 423.
Ed Hirschfield discussed the City’s transmission and distribution systems. (Submitted written
comments).
City Council Minutes September 6, 2023
Page 2
Brooke Ezzat discussed City Council communications and actions.
Jacob Sterling Silver, representing PSA SVA Veteran Crisis QRF, discussed crisis support for
military and veterans. (Submitted written comments).
Alex Wykoff, representing IFPTE Local 21, discussed the City’s labor negotiations.
Rodney Weathers, representing IFPTE Local 21, discussed the City’s union contract.
Michael Moore, Operating Engineers Local 3 (OE3) Business Representative, discussed the
City’s employees.
Roberto Monles discussed the City’s worker wages.
Alex Corbalis discussed the City’s employee contracts.
Kendra Middleton Williams discussed the City’s worker wages.
Gian Martire discussed the City’s labor contract.
Sean Filbeck, representing OE3 and IFPTE Local 21, discussed the City’s labor contract.
Peggy Griffin discussed Council meeting procedures.
Stanley Young, representing IFPTE Local 21, discussed the City’s labor contract.
Joshua Rodriguez, representing South Bay Labor Council, discussed the City’s labor contract.
Jeri Bromley, representing IFPTE Local 21, discussed the City’s labor contract.
Lisa Warren discussed the City’s labor negotiations, the use of budget funds, and City Manager
and Attorney performance evaluations.
Rhoda Fry discussed the City’s labor negotiations, Lehigh’s conditional use permit, the Vallco
project, televised meetings, and memorial adjournments.
San R discussed the use of budget funds and City employee wages.
Gauri Chawla discussed wages for City workers.
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Page 3
CONSENT CALENDAR (Items 2-5)
Mayor Wei opened the public comment period and the following people spoke.
Rhoda Fry provided comments on Item 4.
Mayor Wei closed the public comment period.
Mohan moved and Fruen seconded to approve the items on the Consent Calendar, except for
Item 2 which was pulled for discussion. Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes:
None. Abstain: None. Absent: None.
Item 2 and was placed after the Action Calendar for consideration.
3. Subject: Approve of the July 25 City Council minutes
Recommended Action: Approve the July 25 City Council minutes
4. Subject: Ratifying Accounts Payable for the periods ending July 7, 2023; July 14, 2023;
July 21, 2023; and July 28, 2023.
Recommended Action: A. Adopt Resolution No. 23-095 ratifying Accounts Payable for
the Period ending July 7, 2023;
B. Adopt Resolution No. 23-096 ratifying Accounts Payable for the Period ending July
14, 2023;
C. Adopt Resolution No. 23-097 ratifying Accounts Payable for the Period ending July
21, 2023; and
D. Adopt Resolution No. 23-098 ratifying Accounts Payable for the Period ending July
28, 2023.
Written communications for this item included a desk item with staff responses to
councilmember questions.
5. Subject: Approve a First Amendment to the agreement with NexInite, LLC., to support
the functionality of the Capital Improvement Program (CIP) Management Hub.
Recommended Action: Authorize the City Manager to execute a First Amendment to
the agreement with NexInite, LLC., to support the functionality of the Capital
Improvement Program (CIP) Management Hub, increasing the not-to-exceed contract
amount to $255,000 and extending the term of the agreement to June 30, 2026.
PUBLIC HEARINGS - None
ACTION CALENDAR
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6. Subject: Enterprise Leadership Assessment Audit Final Report
Recommended Action: Receive the Enterprise Leadership Assessment Audit Final
Report
Presenter: Kristina Alfaro, Director of Administrative Services
Written communications for this item included a consultant presentation.
Annie Rose Favreau, Senior Manager with Moss Adams, gave a presentation.
Councilmembers asked questions and made comments.
Mayor Wei opened the public comment period and the following people spoke.
Jennifer Griffin
Peggy Griffin
Lisa Warren
Rhoda Fry
San R
Parks and Recreation Commissioner Jennifer Shearin (representing self)
Mayor Wei closed the public comment period.
Council received the Enterprise Leadership Assessment Audit Final Report.
At 8:35 p.m., Mayor Wei recessed the meeting. The meeting reconvened at 8:40 p.m.
with all Councilmembers present.
7. Subject: Review of Councilmember compliance with Municipal Code Chapter 2.17,
recommendations in May 2023 Fact Finding Report, and related governance issues
Recommended Action: Consider findings regarding Councilmember compliance with
Municipal Code Chapter 2.17, recommendations in May 2023 Fact Finding Report, and
related governance issues, and provide direction on further measures to improve
governance practices, as recommended below
Presenter: Christopher Jensen, City Attorney
Written communications for this item included a staff presentation, emails to Council,
and statements from Councilmembers Chao and Moore.
Councilmember Moore stated the basis for her recusal and left the dais.
City Attorney Chris Jensen gave a presentation.
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Councilmembers asked questions and made comments.
Mayor Wei opened the public comment period and the following people spoke.
Jennifer Griffin
Brooke Ezzat (submitted written comments)
Peggy Griffin
Louise Saadati
Aegean Lee (submitted written comments)
Lisa Warren
Rhoda Fry
Tony Guan
Tracy K
San R
Parks and Recreation Commissioner Jennifer Shearin (representing self)
Parks and Recreation Commissioner Sashi Begur (representing self)
Housing Commissioner Tessa Parish (representing self)
Mayor Wei closed the public comment period.
Following Councilmember questions and public comment, Councilmember Chao made
a statement announcing that she would abstain from further participation in
deliberations and left the dais.
At 10:06 p.m., Mayor Wei recessed the meeting. The meeting reconvened at 10:12 p.m.
with Councilmembers Chao and Moore absent.
Fruen moved and Wei seconded that Council adopt the staff recommendation with the
following changes:
1. That all five councilmembers attend additional training on Council governance,
Rosenberg's Rules of Order, and the topic of effective collaboration between staff and
councilmembers and among councilmembers; and
2. That as a condition of successfully completing the actions described in (1) above, that
all restoration of council committee assignments be considered as part the annual
appointment of councilmembers to committees incident to the council reorganization
set to occur in December 2023.
Wei made a friendly amendment to restore all committee assignments immediately with
a condition that training must be completed, or all committee assignments will be
removed again. (Fruen declined Wei’s friendly amendment).
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Wei made a second friendly amendment that: 1) all councilmembers attend additional
training, and 2) as soon as they have attended the training, then all committee
assignments will be restored. (Fruen accepted Wei’s second friendly amendment).
At 10:18 p.m., Mayor Wei recessed the meeting. The meeting reconvened at 10:21 p.m.
with Councilmembers Moore and Chao absent.
Final Motion:
Mohan moved and Wei seconded a substitute motion that Council adopt the staff
recommendation with the following changes:
1. That all five councilmembers attend additional training on Council governance,
Rosenberg's Rules of Order, and the topic of effective collaboration between staff and
councilmembers and among councilmembers; and
2. That as a condition of fully attending the trainings described in (1) above, all council
committee assignments will be restored.
The substitute motion carried unanimously with Chao absent (abstaining) and Moore
absent (recusing).
Councilmembers Chao and Moore returned to the dais.
8. Subject: Revisions to Cupertino City Council Procedures Manual
Recommended Action: Provide input regarding revisions to Cupertino City Council
Procedures Manual
Presenter: Christopher Jensen, City Attorney
Written communications for this item included a staff presentation and written
comments from Councilmember Moore.
City Attorney Chris Jensen gave a presentation.
Mayor Wei opened the public comment period and the following people spoke.
Jennifer Griffin
Peggy Griffin (submitted written comments)
Louse Saadati
Lisa Warren
Rhoda Fry
Parks and Recreation Commissioner Jennifer Shearin (representing self)
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San R
Mayor Wei closed the public comment period.
Fruen moved and Mohan seconded to extend the meeting to 11:20 p.m. to continue
discussion on this item. The motion carried unanimously.
Chao moved and Moore seconded to table this item for 6 months. The motion carried
with Fruen and Wei voting no.
ADJOURNMENT
At 11:06 p.m., Mayor Wei adjourned the Special City Council Meeting per rule. There was no
Council discussion on the remaining agenda items.
ITEMS REMOVED FROM THE CONSENT CALENDAR
The following items were pulled from the Consent Calendar and placed after the Action
Calendar for discussion.
2. Subject: Approve the July 18 City Council minutes
Recommended Action: Approve the July 18 City Council minutes
This item was pulled from the Consent Calendar for discussion and later continued to
the September 19 City Council meeting per rule.
COUNCIL REPORTS AND COMMENTS
9. Subject: Councilmember Reports
Written communications for this item included a supplemental report from Vice Mayor
Mohan and desk item report from Councilmember Moore.
Councilmembers reported on their various committees and activities as provided in the
published agenda and written communications.
CITY MANAGER REPORT
Council did not hear this item.
ORAL COMMUNICATIONS - CONTINUED – None
INFORMATIONAL ITEMS
City Council Minutes September 6, 2023
Page 8
10. Subject: Update on renewed Friendship City Organizations
Recommended Action: Receive update on renewed Friendship City Organizations
The Update on renewed Friendship City Organizations was provided as part of the
published agenda.
11. Subject: Receive the Treasurer's Investment Report for the Quarter Ending June 30,
2023
Recommended Action: Receive the Treasurer's Investment Report for the Quarter
Ending June 30, 2023
The Treasurer's Investment Report for the Quarter Ending June 30, 2023 was provided
as part of the published agenda.
12. Subject: Receive the Monthly Treasurer's Report for July 2023
Recommended Action: Receive the Monthly Treasurer's Report for July 2023
The Monthly Treasurer's Report for July 2023 was provided as part of the published
agenda.
13. Subject: Receive the Monthly Treasurer's Investment Report for July 2023
Recommended Action: Receive the Monthly Treasurer's Investment Report for July
2023
The Monthly Treasurer's Investment Report for July 2023 was provided as part of the
published agenda.
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Council did not hear this item.
Minutes prepared by:
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Kirsten Squarcia, City Clerk