Cupertino Municipal Code Ch. 2.08 City Council--Rules and Conduct of Meetings\

* For statutory provisions authorizing the City Council to establish rules for the conduct of its proceedings, see Gov. Code § 36813.

For the purpose of Sections 2.08.030 through 2.08.070, a “petition” means any written communication signed with multiple signatures and which is delivered to the City Clerk for the attention of the City Council. Such petitions so received will be processed in the same manner as written communications.

(Ord. 673, (part), 1975; Ord. 49, § 1, 1958)

The City Council after having received a petition may, at its discretion, set a time for the holding of a public hearing thereon. Unless otherwise provided by law or any other ordinances of this City, there shall be no prescribed minimum or maximum interim period between the setting of said time and the holding of such public hearing.

(Ord. 673, (part), 1975; Ord. 49, § 2, 1958)

Sections 2.08.030 through 2.08.070 shall not apply to any petition in which there is a prescribed method of publication or notice pursuant to law or any other ordinances of this City.

(Ord. 49, § 5, 1958)

A. Every official, board, commission or other body, connected with the City government, and every citizen, individual, corporation, committee or civic group, having any reports, communications or other matters to be presented at a City Council meeting, shall be referred to the City Clerk in writing before nine a.m. of the sixth day (Sunday included) preceding the day of such meeting for it to be given consideration as an item of agenda business.

B. The City Clerk shall prepare an agenda setting forth such matters and the nature thereof under their appropriate headings, and setting forth all other matters to come before such meeting under their appropriate headings. The City Clerk shall, preceding such meetings, cause one copy thereof to be delivered to each member of the City Council and shall make such other copies available for public review as is consistent with State law.

(Ord. 2081, (part), 2011; Ord. 1697, (part), 1995; Ord. 1292, 1984; Ord. 822, 1977; Ord. 673, (part), 1975; Ord. 389, § 3.4, 1968)

A. The City Council of the City shall establish the order of business by resolution.

B. The order of business to be taken up at an adjourned meeting shall be that as deemed by the Mayor and the City Council to be proper.

C. The City Council may, in its discretion, establish time limitations for the presentation or discussion of any item of business; and, may establish a time after which no agenda item of business will be taken up in which case the motion for adjournment will contain the date and time for the completion of agenda business.

D. Closed sessions may be held as needed and scheduled by the City Attorney.

E. Council may change the order of business at any individual council meeting by majority vote.

(Ord. 2081, (part), 2011; Ord. 1697, (part), 1995; Ord. 1561, 1991; Ord. 1457, 1988; Ord. 1393, 1986; Ord. 1329, 1985; Ord. 1259, 1984; Ord. 1192, 1982; Ord. 1133, 1981; Ord. 978, (part), 1980; Ord. 673, (part), 1975; Ord. 389, § 3.5, 1968)

A. The Council may, at any time before adjournment of any council meeting, determine to reconsider an item of business previously acted upon at that council meeting. A motion to reconsider may only be made by a councilmember who was a member of the prevailing majority voting on the item. A motion to reconsider may be seconded by any councilmember.

B. If a motion for reconsideration prevails, the Council is then free to reconsider the item either at the same Council meeting or at any other Council meeting established by the Council; provided, however, that the Council shall not reconsider an item at the same Council meeting, in the following instances:

1. Any action involving a public hearing which has been closed;

2. Any action, including appeals, regarding a zoning matter, planned development permit, use permit, subdivision map approval, variance, architectural and site approval or sign exception;

3. Any action involving the granting, modification or revocation of any permit issued by the City;

4. Any action which is quasi-judicial in nature.

C. In such cases, the Council shall reconsider the item at another council meeting date established by the Council and shall direct the City Clerk to provide notification to the relevant parties or the general public, as the case may be.

(Ord. 2056, (part), 2010; Ord. 1697, (part), 1995; Ord. 1378, § 1, 1986)

A. The City Clerk shall forthwith mail all notices of decision after the decision of the City Council. Any interested person, prior to seeking judicial review of any adjudicatory decision of the City Council, shall file a petition for reconsideration with the City Clerk within ten days of the date of the mailing of the notice of decision. Failure to file a petition for reconsideration constitutes a waiver of the right to request reconsideration and the City Council's decision shall be final for all purposes. Upon timely receipt of a petition for reconsideration, the City Clerk shall schedule a reconsideration hearing to be commenced by the City Council no later than sixty days after the filing of the petition. Mailed notices of the date, time and place of such hearing will be provided to all interested persons at least ten days prior to the hearing. At the conclusion of the hearing for reconsideration, the City Council may affirm, reverse, or modify its original decision, and may adopt additional findings of fact based upon the evidence submitted in any and all city hearings concerning the matter.

B. A petition for reconsideration shall specify, in detail, each and every ground for reconsideration. Failure of a petition to specify any particular ground or grounds for reconsideration, precludes that particular omitted ground or grounds from being raised or litigated in a subsequent judicial proceeding.

The grounds for reconsideration are limited to the following:

1. An offer of new relevant evidence which, in the exercise of reasonable diligence, could not have been produced at any earlier city hearing.

2. An offer of relevant evidence which was improperly excluded at any prior city hearing.

3. Proof of facts which demonstrate that the City Council proceeded without, or in excess of its, jurisdiction.

4. Proof of facts which demonstrate that the City Council failed to provide a fair hearing.

5. Proof of facts which demonstrate that the City Council abused its discretion by:

a. Not preceding in a manner required by law; and/or

b. Rendering a decision which was not supported by findings of fact; and/or

c. Rendering a decision in which the findings of fact were not supported by the evidence.

C. A petition for reconsideration is subject to a reconsideration fee as prescribed by resolution of the City Council. At the conclusion of the reconsideration hearing, the City Council may, in its sole discretion, refund all, or a portion, of the reconsideration fee.

(Ord. 2027 § 1, 2008; Ord. 2008, 2007; Ord. 1807, § 1, 1999)

A. Written communications transmitted to a majority of the members of the City Council by any person in connection with a matter which is subject to discussion or consideration at a meeting of the City Council shall be delivered by the recipient Councilperson to the City Clerk who shall retain them as public records and shall otherwise treat them as written communications to the City Council.

B. Written communications addressed to the City Council and delivered to the City Clerk shall be transmitted to each City Councilperson, the City Manager, and any department director having responsibility for the subject matter of the communication. Written communications which are relevant to a matter subject to being discussed or considered at a City Council meeting shall be included as supplementary material to that agendized matter. Other written communications may be placed on the agenda, as a separate item of business under written communications, by a Councilperson, City Manager or any department director having responsibility for the subject matter of the communication.

(Ord. 1697, (part), 1995; Ord. 673, (part), 1975; Ord. 389, § 3.6, 1968)

A. Every agenda for regular meetings of the City Council shall provide an opportunity for members of the public to address the council on any item of interest to the public that is within the city’s jurisdiction. With respect to any such item which is already on the agenda, members of the public shall be given the opportunity to address the City Council during its consideration of the item.

B. Where a member of the public raises an issue which has not yet come before the City Council, no action may be taken at that meeting concerning that item.

C. With respect to all oral communications, the mayor may establish reasonable time limits for public testimony on particular issues and for each individual speaker. Preference shall be given to those who previously have notified the City Clerk in advance of their desire to speak.

(Ord. 1697, (part), 1995)

Official boards, commissions or other bodies connected with the City government may, in addition to any written report submitted, and shall, on request of the Mayor, address the City Council through its chairman or authorized representative on matters relating to their assigned functions.

(Ord. 389, § 3.7, 1968)

While discussing any question under consideration by the Council, it shall be the duty of the members thereof to remain seated and address their remarks to the presiding officer and their fellow members. Any remarks or orders to the audience shall be addressed by the presiding officer, or with his permission by the members of the Council.

(Ord. 389, § 3.9, 1968)

After Council approval of a document, when necessary to expedite processing of said document, if the Mayor or Vice-Mayor is unavailable for signature, any other Councilmember may sign the document as an official of the City.

(Ord. 1119, 1981)

Any person in the audience who, while in attendance at any Council meeting, uses profane language, or language tending to bring the Council or any of its members into contempt, or any person who persistently interrupts the proceedings of the Council, or refuses to be seated or keep quiet when ordered to do so by the presiding officer, or refuses to leave the room or premises, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in Chapter 1.12.

(Ord. 389, § 4, 1968)

A. Any Councilmember may initiate a call for Council review of any decision or matter that may be appealed to the City Council under this Code.

B. Filing.

1. A call for Council review shall be in writing on forms prescribed by the City and shall be filed during regular office hours. A call for Council review is subject to the same time limitations as required for an appeal for a decision. A call for Council review not filed within such time shall be barred.

2. A call for Council review is not subject to a fee.

C. Noticing. Notice of a hearing shall be given in the same manner as would be required in an appeal of the matter.

D. Grounds. If a call for Council review is made by a Councilmember, there is a presumption that the reason for the review is that the action has significant or material effects on the quality of life within Cupertino. No interference of bias shall be made or implied due to a call for Council review by a Councilmember, and the Councilmember who filed the call for Council review may participate in the hearing on the matter.

E. Hearing body. The City Council shall decide the matter on review in accordance with the provisions of this Code.

F. Decision of the City Council. The decision or determination of the City Council shall be final and effective immediately.

G. Notice of decision. Notice of the City Council’s decision shall be mailed to the original applicant and to any other person who has filed a written request with the City Clerk.

(Ord. 14-2123, § 1, 2014)