Cupertino has amended several of its governing rules — leaving some constituents happy and others concerned about what it could mean for the city.
The Cupertino City Council voted 3-2 to adjust and add some council procedures March 4, with Councilmembers Sheila Mohan and J.R. Fruen voting no. One change includes removing language restricting the mayor and vice mayor from serving consecutive terms, which ensured a yearly mayoral rotation among councilmembers. The five-person council annually appoints the mayor, who doesn’t have much power outside of helping set meeting agendas with the city manager and setting the order for special meetings. A council majority vote can overrule the agenda order, affecting how items are discussed.
But that likely won’t happen if at least two other councilmembers back the mayor in a city largely divided over controversial developments. Vice Mayor Kitty Moore and Councilmember R “Ray” Wang have consistently supported Mayor Liang Chao since her appointment last year.
Chao said changes and additions to city rules are intended to clarify ambiguity, restore previous longstanding practices and improve transparency between the public and councilmembers. One of the additions ensures agenda items are written in layman’s terms for public transparency.
“There have been a lot of complaints from residents who have been attending council meetings for many years,” Chao told San José Spotlight. “It is good to try some new practices, but we should revert back to preexisting policies if they do not work out.”
Other council procedural changes include removing language restricting former councilmembers from serving on city commissions until more than four years after their term; removing a rule preventing councilmembers from submitting public record requests; and allowing councilmembers to yield the remainder of their speaking time to other councilmembers who have used all of their time.
Mohan said the changes could lead to unintended consequences, such as taking up staff time and ultimately affecting the community the council represents. She said while she’s fine being outvoted, she doesn’t feel her colleagues heard her concerns about the changes. Mohan served as mayor last year and said switching annually is healthier for the city.
“I’ve been hopeful that after the dust settles a little after (the last meeting) which was not a pleasant experience by any long shot, we will all be able to at least provide some sort of rationality to our discussions,” Mohan told San José Spotlight. “Whether it’s pro or con, we just need to be heard.”
Mohan and Fruen represent the council minority after voters elected Wang and reelected Moore last November. Mohan and Fruen are typically more pro-development, while Chao, Moore and Wang have taken a less development-friendly approach. The issue has often split the community over housing projects such as The Rise, former home of the Vallco Mall.
Former Cupertino Mayor Gilbert Wong, who unsuccessfully ran for reelection last year, said the change in mayoral and vice mayoral terms is concerning. He said it doesn’t matter which side has the council majority — all councilmembers should have a chance to be mayor.
“If you really wanted to have a true representational government, to allow a minority viewpoint to become mayor should be okay because you’re all working as a team,” Wong told San José Spotlight.
Some residents are happy with the changes.
Seema Swamy, who’s lived in the city for about 30 years, said she doesn’t mind these amendments as long as the councilmembers represent the residents. She said some of the changes could increase transparency in the city.
“Honestly, anyone who is looking out for the needs of the residents is very, very important for me,” Swamy told San José Spotlight. “It is less about a round robin and it is more important about what that leader is bringing to the table.”
Councilmembers will continue discussing more policy changes at their next meeting on March 18 under the resolution.
Contact Annalise Freimarck at [email protected] or follow @annalise_ellen on X.
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