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CC 02-04-2025 APPROVED MINUTES CUPERTINO CITY COUNCIL Tuesday, February 4, 2025 At 6:45 p.m., Mayor Liang Chao called the Regular 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 Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila Mohan, and R “Ray” Wang. Absent: None. CLOSED SESSION REPORT City Attorney Chris Jensen reported that there was nothing to report. CEREMONIAL ITEMS 1. Subject: Recognition of STEM Winners from the City of Cupertino who participated in the Santa Clara County 2024 Synopsys Championship Science Fair Recommended Action: Recognize the STEM Winners from the City of Cupertino who participated in the Santa Clara County 2024 Synopsys Championship Science Fair Santa Clara Valley Science and Engineering Fair Association (SCVSEFA) Board Member Forrest Williams received the certificates and made comments. Mayor Chao recognized the STEM Winners from the City of Cupertino who participated in the Santa Clara County 2024 Synopsys Championship Science Fair. 2. Subject: Recognition of February as Black History Month Recommended Action: Recognize February as Black History Month Myshelle Farmer-Vieira, Senior Director with Prometheus Real Estate Group and Cupertino Chamber of Commerce Board Member, with the made comments. February 4, 2025 City Council Minutes Page 2 Mayor Chao recognized February as Black History Month. POSTPONEMENTS AND ORDERS OF THE DAY MOTION: Chao moved and Wang seconded to: 1. Continue Item 5 Tyler New World Enterprise Resource Planning (ERP) replacement to the Wednesday, February 19, 2025 City Council Meeting with an enhanced staff report and answers to councilmember questions; and 2. Reorder the agenda to hear Item 10 for design-build contract to Syserco energy solution after the Consent Calendar. The motion carried with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. ORAL COMMUNICATIONS Written communications for this item included emails forwarded by Councilmembers. The following members of the public spoke: Ranjan Desai discussed the Mary Avenue Villas project. Duleep Dillai discussed the Mary Avenue Villas project. San R discussed the Council process of adding agenda items and agenda item requests by members of the public. Rhoda Fry discussed the written communication and press release policies, proposed Mary Avenue Villas project, environmental impacts for a proposed Linda Vista development. CONSENT CALENDAR (Items 3-7) Mayor Chao opened the public comment period and the following people spoke. Peggy Griffin (Item 6) Mayor Chao closed the public comment period. MOTION: Moore moved and Wang seconded to approve the items on the Consent Calendar except as indicated. The motion carried with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent: None. February 4, 2025 City Council Minutes Page 3 As noted under Postponements and Orders of the Day, item 5 was continued to the February 19, 2025 City Council meeting. 3. Subject: Approval of December 12, 2024 City Council minutes Recommended Action: Approve the December 12, 2024 City Council minutes 4. Subject: Approval of January 22, 2025 City Council minutes Recommended Action: Approve the January 22, 2025 City Council minutes 5. Subject: Tyler New World Enterprise Resource Planning (ERP) replacement Recommended Action: Adopt Resolution No. 25-007 approving Budget Modification No. 2425-380 increasing appropriations in the amount of $3,744,526 in the General Fund Applications Budget unit (100-32-308 750-237) for the Tyler New World Enterprise Resource Planning (ERP) replacement Written communications for this item included two supplemental reports with staff responses to councilmember questions, Attachment B - RFP Needs Assessment, and emails to the Council. This item was continued to the February 19, 2025 City Council meeting. 6. Subject: City Bridge Preventive Maintenance Project grant acceptance and budget adjustment. Recommended Action: 1. Adopt Resolution No. 25-008 accepting $1,893,195 in Federal grants from the Federal Highway Administration's Bridge Preventative Maintenance Program for the City Bridge Preventive Maintenance Repairs Project. 2. Adopt Resolution No. 25-009 approving budget modification #2425-373 approving an increase of Federal grant revenue estimates of $1,893,195 and an appropriation of $1,176,105 in the Transportation Fund (270-90-960). Written communications for this item included a supplemental report with staff responses to councilmember questions and emails to the Council. 7. Subject: Approval of a Final Map and the Subdivision Improvement Agreement for the 6-Unit Domme Enclave Development Project (Tract No. 10608; Applicant AlphaMcClellan, LLC; Location: 20860 McClellan Road; APN: 359-20-030). Recommended Action: Adopt Resolution No. 25-010: 1) Approving the final map consisting of Tract No. 10608. 2) Accepting the street dedication and public easements and abandoning redundant communication easement as shown on the map. 3) Authorizing the City Engineer to execute and record the Subdivision Improvement February 4, 2025 City Council Minutes Page 4 ITEMS REMOVED FROM THE CONSENT CALENDAR 10. Subject: Award of a design-build contract to Syserco Energy Solutions for $4,339,881 and award a project management and construction management agreement to 4Leaf, Inc. for $225,000 for the Photovoltaic Systems Design and Installation Capital Improvement Programs Project. Recommended Action: 1. Award a design-build contract for the Photovoltaic Systems Design and Installation Project (budget unit 420-99-274) in the amount of $3,939,881 with Syserco Energy Solutions, Inc., as the Design-Build Entity. 2. Authorize the City Manager to execute the design-build contract with Syserco Energy Solutions, Inc. with substantially similar terms as those in the draft contract in Attachment A, when all conditions have been met. 3. Authorize the Director of Public Works to execute any necessary change orders up to a contingency amount of $400,000 (approximately 10%) for a total contract amount of $4,339,881. 4. Authorize the City Manager to execute a professional services agreement with 4Leaf, Inc. for project and construction management services, for a total not-to-exceed contract amount of $225,000. Written communications for this item included a staff presentation, a desk item with staff responses to councilmember questions, and emails to Council. As noted under Postponements and Orders of the Day, this item was reordered to be heard after the Consent Calendar. Capital Improvement Programs Manager Susan Michael gave a presentation. Councilmembers asked questions and made comments. Mayor Chao opened the public comment period and the following people spoke. Nori Jean Bedord Alisa Rauch San R Rhoda Fry Mayor Chao closed the public comment period. MOTION: Chao moved to approve the staff recommendation with the modification to February 4, 2025 City Council Minutes Page 5 remove Quinlan Center/Memorial Park from the project to reduce the total project cost by $2,493,000. There was no second and the motion was not considered. MOTION: Moore moved and Fruen seconded to: 1. Award a design-build contract for the Photovoltaic Systems Design and Installation Project (budget unit 420-99-274) in the amount of $3,939,881 with Syserco Energy Solutions, Inc., as the Design-Build Entity. 2. Authorize the City Manager to execute the design-build contract with Syserco Energy Solutions, Inc. with substantially similar terms as those in the draft contract in Attachment A, when all conditions have been met. 3. Authorize the Director of Public Works to execute any necessary change orders up to a contingency amount of $400,000 (approximately 10%) for a total contract amount of $4,339,881. 4. Authorize the City Manager to execute a professional services agreement with 4Leaf, Inc. for project and construction management services, for a total not-to- exceed contract amount of $225,000. The motion carried with the following vote: Ayes: Moore, Fruen, and Mohan. Noes: Chao and Wang. Abstain: None. Absent: None. PUBLIC HEARINGS – None ACTION CALENDAR 8. Subject: Future agenda items requested by City Councilmembers (“TBD List”) (Continued from the January 22, 2025 City Council meeting) Recommended Action: 1. Review the TBD list and adopt the staff recommendations for items 5-11 2. Provide direction for items 1-4 and 12-15. Written communications for this item included emails to the Council. Deputy City Manager Tina Kapoor reviewed the staff report. Mayor Chao opened the public comment period and the following people spoke. Peggy Griffin Jean Bedord San R Mayor Chao closed the public comment period. MOTION: Chao moved and Wang seconded to agendize the following items as soon as February 4, 2025 City Council Minutes Page 6 appropriate: 1. An action item to add the City Hall Renovation and City Hall Annex to the Fiscal Year (FY) 2025-26 Capital Improvement Programs (CIP) projects list. 2. An action item to re-enact the Economic Development Committee and Legislative Action Committee. 3. An action item to restore the Audit Committee responsibilities to restore previous responsibility. 4. An action item to expand the responsibility for the Planning Commission to add small cell issues and transportation issues, such as traffic demand management (TDM), intersection reconfiguration, lane reduction, etc. (and perhaps to rename it the Planning and Transportation Commission). a. Reactivate the Environmental Review Committee. 5. A study session to consider potential budget reductions, staffing levels, unneeded contracts, and to reconsider some service level reductions and permit fee increases for residents. (Council did not vote on this motion) FRIENDLY AMENDMENT: Moore made a friendly amendment to modify the motion as underlined below. (Chao and Wang accepted the friendly amendment). AMENDED MOTION: Agendize the following items as soon as appropriate: 1. An action item to add the City Hall Renovation and City Hall Annex to the Fiscal Year (FY) 2025-26 Capital Improvement Programs (CIP) projects list (TBD List Nos. 1-4 combined) 2. An action item to re-enact the Economic Development Committee and the Legislative Action Committee with the original Muni Code, before they were removed in early 2023. 3. An action item to restore the Audit Committee responsibilities to restore previous responsibility. 4. An action item to expand the Responsibility for the Planning Commission to add small cell issues and transportation issues, such as traffic demand management (TDM), intersection reconfiguration, lane reduction, etc. (and perhaps to rename it the Planning and Transportation Commission). 5. A budget balancing study session to consider potential budget reduction, such as staffing levels, unneeded contracts, and to reconsider some service level reductions and permit fee increase for residents. 6. A study session on Environment Review Committee. (Council did not vote on this motion) FRIENDLY AMENDMENT: Wang made a friendly amendment to modify the motion to add language regarding reducing fees for residents and increasing fees for non- residents. (Chao accepted the friendly amendment). February 4, 2025 City Council Minutes Page 7 SECOND AMENDED MOTION: Agendize the following items as soon as appropriate: 1. An action item to add the City Hall Renovation and City Hall Annex to the Fiscal Year (FY) 2025-26 Capital Improvement Programs (CIP) projects list (TBD List Items 1-4 combined) 2. An action item to re-enact the Economic Development Committee and the Legislative Action Committee with the original Muni Code, before they were removed in early 2023. 3. An action item to restore the Audit Committee responsibilities to restore previous responsibility. 4. An action item to expand the Responsibility for the Planning Commission to add small cell issues and transportation issues, such as traffic demand management (TDM), intersection reconfiguration, lane reduction, etc. (and perhaps to rename it the Planning and Transportation Commission). 5. A budget balancing study session to consider potential budget reduction, such as staffing levels, unneeded contracts and to reconsider some service level reductions and permit fee increase for residents. a. Such as reducing fees for residents and increasing fees for non-residents 6. A study session on Environment Review Committee. The second amended motion carried with the following vote: Ayes: Chao, Moore, and Wang. Noes: Fruen and Mohan. Abstain: None. Absent: None. MOTION: Chao moved and Wang seconded to approve the following: • TBD list Item 6 - consider regulations on sound amplification devices in parks - add this item to an agenda: Amend CMC Section 13.04.120 Use of Park Property “No person in the park shall do any of the following:… 1. Use any system for amplifying sounds, whether for speech or music or otherwise, unless an exclusive use permit is first secured,” as… “No person in a park shall do any of the following:… 1. Use any system for amplifying sounds, whether for speech or music or otherwise, in an unreasonable loud manner, unless an exclusive use permit is for secured,” where the definition of “unreasonably loud manner” means “the volume of sound in the use or operation of any sound application equipment if such sound can be heard by a person from fifty (50) or more feet from the source of the amplification” (as defined in Oakland Muni Code) • TBD list Item 11 - review the architecture standards for 5G towers – keep on TBD until it is added to the FY 2025-27 City Work Program. • TBD list Item 5 policy to provide access to documents made available for closed session - keep on TBD until the item is added to the Council Procedures Manual. • Accept the staff recommendation for TBD Items 12-15. (Council did not vote on this motion) February 4, 2025 City Council Minutes Page 8 FRIENDLY AMENDMENT: Wang made a friendly amendment to agendize TBD list Item 16 for Guidelines and Procedures regarding Proclamations and Certificates. (Chao accepted the friendly amendment). FRIENDLY AMENDMENT: Moore made a friendly amendment to hold a study session on sound amplification in parks (Chao and Wang accepted the friendly amendment). AMENDED MOTION: Chao moved and Wang seconded to approve the following: • TBD list Item 6 - consider regulations on sound amplification devices in parks - add this item to an agenda: Amend CMC Section 13.04.120 Use of Park Property “No person in the park shall do any of the following:… 1. Use any system for amplifying sounds, whether for speech or music or otherwise, unless an exclusive use permit is first secured,” as… “No person in a park shall do any of the following:… 1. Use any system for amplifying sounds, whether for speech or music or otherwise, in an unreasonable loud manner, unless an exclusive use permit is for secured,” where the definition of “unreasonably loud manner” means “the volume of sound in the use or operation of any sound application equipment if such sound can be heard by a person from fifty (50) or more feet from the source of the amplification” (as defined in Oakland Muni Code) • TBD list Item 11 - review the architecture standards for 5G towers – keep on TBD until it is added to the FY 2025-27 City Work Program. • TBD list Item 5 - policy to provide access to documents made available for closed session - keep on TBD until the item is added to the Council Procedures Manual. • TBD list Item 16 - Guidelines and Procedures regarding Proclamations and Certificates – agendize this item as appropriate. • Accept the staff recommendation for TBD list Items 12-15. The amended motion carried with the following vote: Ayes: Chao, Moore, Mohan, and Wang. Noes: Fruen. Abstain: None. Absent: None. TBD list Summary: 1. Report to Council a cost comparison of leasing vs. buying office property in Cupertino… Add as an action item 2. Draft a policy regarding disclosure to the public of remodeling costs of buildings the Council is considering purchase of… Add as an action item 3. Action Item/Study Session with information/proposal on the need for an interim city hall… Add as an action item 4. Discuss and give direction on the "wisdom of purchase" versus leasing of any property as an interim city hall… Add as an action item 5. Consider a policy to provide access to documents made available for closed sessions ahead of time with proper security measures - Keep on TBD list until added to Council February 4, 2025 City Council Minutes Page 9 Procedures Manual 6. Consider regulations on sound amplification devices in parks - Keep on TBD list to agendize as a study session 7. Review the City Work Program Process - Accept staff recommendation to remove item 8. Review the Cupertino City Council Procedures Manual - Keep on TBD list to agendize this discussion 9. Review the current list of future agenda items requested by Councilmembers (“TBD List”) - Accept staff recommendation to remove item. 10. Consider changing regular City Council meetings to Wednesdays - Accept staff recommendation to remove item 11. Review the architectural standards for 5G towers - Keep on TBD list to agendize this discussion 12. Reactivate the Legislative Review Committee – Add as an action item 13. Reactivate the Economic Development Committee - Add as an action item 14. Restore the previous responsibilities of the Audit Committee - Add as an action item 15. For transportation projects and added lane reductions to fall under the jurisdiction of the Planning Commission - Add as an action item 16. Guidelines and Procedures regarding Proclamations and Certificates - Keep on TBD list to agendize this discussion At 8:42 p.m., Mayor Mohan recessed the meeting. The meeting was reconvened at 8:53 pm. with all Councilmembers present. 9. Subject: Award a construction contract to Golden Bay Construction in the amount of $1,569,798, approve a first amendment to the design services contract with Pakpour Consulting Group to increase the contract by $96,620 for a total not-to-exceed contract amount of $310,483 and approve a budget modification in the amount of $1,500,000 for the Stevens Creek Boulevard Class IV Bike Lane Project Recommended Action: 1. Award a construction contract for the Stevens Creek Boulevard Class IV Bike Lane Phase 2A Project (budget unit 420-99-036, project number 2022-15) in the amount of $1,569,798 to Golden Bay Construction, Inc.; 2. Authorize the City Manager to execute the construction contract with Golden Bay Construction, Inc. when all conditions have been met; 3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $156,980 (10%) for a total contract amount of $1,726,778; 4. Authorize the City Manager to amend the Design Services Contract with Pakpour Consulting Group to increase the amount by $96,620 for a total not-to-exceed contract amount of $310,483 for the 2022-11 Stevens Creek Boulevard Class IV Bike Lane Phase 2B Design Project; and 5. Adopt Resolution No. 25-004 approving budget modification #2425-377, approving February 4, 2025 City Council Minutes Page 10 an increase of grant revenue estimates of $1,500,000 and a transfer out of $693,000. This includes an increase of $807,000 in Federal grant funds and a transfer of $693,000 in SB1 Grant Funds from the Transportation Fund (270-85-821) into the Capital Improvement Program Capital Project Fund (420-99-036) Written communications for this item included a staff presentation, a supplemental report and desk item with staff responses to councilmember questions, Attachment F - OBAG2 Application – Competitive, Attachment G – Final Class IV Design – SCB, and emails to the Council. Senior Civil Engineer Jason Wong gave a presentation. Councilmembers asked questions and made comments. Mayor Chao opened the public comment period and the following people spoke. Peggy Griffin Planning Commissioner Seema Lindskog (representing self) San R Mayor Chao closed the public comment period. MOTION: Chao moved and Wang seconded to: Refer the project to engage all road users to consider design options that − Provide sufficient safety for bicyclists, pedestrians and drivers, while considering various cost options; − Conduct community meetings for intersection changes; − Assess impact for all road users; bicyclists, pedestrians and drivers; − Present project to the Bike Ped Commission and Planning Commission to consider design options and make recommendations to the Council; − Present design options at a future council meeting for approval with cost options. Council did not vote on this motion. SUBSTITUTE MOTION: Fruen moved and Mohan seconded to accept staff recommendation to: 1. Award a construction contract for the Stevens Creek Boulevard Class IV Bike Lane Phase 2A Project (budget unit 420-99-036, project number 2022-15) in the amount of $1,569,798 to Golden Bay Construction, Inc.; 2. Authorize the City Manager to execute the construction contract with Golden Bay Construction, Inc. when all conditions have been met; 3. Authorize the Director of Public Works to execute any necessary construction change February 4, 2025 City Council Minutes Page 11 orders up to a construction contingency amount of $156,980 (10%) for a total contract amount of $1,726,778; 4. Authorize the City Manager to amend the Design Services Contract with Pakpour Consulting Group to increase the amount by $96,620 for a total not-to-exceed contract amount of $310,483 for the 2022-11 Stevens Creek Boulevard Class IV Bike Lane Phase 2B Design Project; and 5. Adopt Resolution No. 25-004 approving budget modification #2425-377, approving an increase of grant revenue estimates of $1,500,000 and a transfer out of $693,000. This includes an increase of $807,000 in Federal grant funds and a transfer of $693,000 in SB1 Grant Funds from the Transportation Fund (270-85-821) into the Capital Improvement Program Capital Project Fund (420-99-036). The substitute motion carried with the following vote: Ayes: Moore, Fruen, and Mohan. Noes: Chao and Wang. Abstain: None. Absent: None. STUDY SESSION 11. Subject: Study Session for the use of Committed Future Use Reserve one-time funds (Continued from the January 22, 2025 City Council meeting) Recommended Action: Provide staff direction on the future allocation of how the City should allocate one-time funds from the future use reserve Written communications for this item included a staff presentation and a supplemental report with staff responses to councilmember questions. Director of Community Development Kristina Alfaro gave a presentation. Mayor Chao opened the public comment period and the following people spoke. Peggy Griffin Mayor Chao closed the public comment period. Councilmembers asked questions and made comments. MOTION: Chao moved and Wang seconded to approve a budget of $140,000 for the 2025 4th of July fireworks and to form a Council Subcommittee comprised of Councilmember Ray Wang and Vice Mayor Kitty Moore to bring back details for Council approval. The motion carried with the following vote: Ayes: Chao, Moore, and Wang. Noes: Fruen and Mohan. Abstain: None. Absent: None. MOTION: Chao and Wang moved to continue the meeting to hear agenda item 12. The motion February 4, 2025 City Council Minutes Page 12 carried with the following vote: Ayes: Chao, Moore, and Wang. Noes: Fruen and Mohan. Abstain: None. Absent: None. 12. Subject: Study session on revisions to the Cupertino City Council Procedures Manual Recommended Action: Consider revisions to the Cupertino City Council Procedures Manual Written communications for this item included a staff presentation, Mayor Chao’s Revision to Council Procedures Manual, dated 2/4/25 (Revised at 5:44pm), and emails to the Council. Mayor Chao opened the public comment period and the following people spoke. Peggy Griffin Rhoda Fry Mayor Chao closed the public comment period. Councilmembers asked questions and made comments. MOTION: Chao moved and Wang seconded to approve all of the changes proposed by Chao (in “Revision to Council Procedures Manual, dated 2/4/25 (Revised at 5:44pm).” except L14: 8.4.2 Removing Item from Consent Calendar. 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 no later than 12:00 p.m. on the day of the City Council meeting. Items may be removed from the consent calendar by a member of the public or a member of the City Council. To facilitate an efficient meeting, advance notice to the City Manager and the City Clerk by 12:00 p.m. on the day of the City Council meeting or earlier is appreciated. FRIENDLY AMENDMENT: Wang made a friendly amendment to review L14 at a later date. (Chao accepted the friendly amendment). Chao’s Revisions: 5.4 Responses to Public. It will be the responsibility of the City Manager to ensure a response is provided to public correspondence for informational requests addressed to the Council. Staff shall respond to all requests for services as appropriate, and the City Manager shall keep Council informed of the City response.[LC1] 6.6 Councilmember Access to Information. ….it more appropriately be assigned to staff through the collective direction of the City Council, based on the guidelines set forth in Cupertino Municipal Code section February 4, 2025 City Council Minutes Page 13 2.17.043. 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. L1. 2.1 Selection of Mayor and Vice Mayor. The Mayor and Vice Mayor shall be selected annually at a special meeting on the second Thursday of December. 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. 4.4 Appointment. Commission and Committee applicants will be interviewed by the Council … Immediate family members residing in the same household as a Councilmember are not eligible for appointment to any commission or committee. Former Councilmembers are not eligible for appointment to any commission or committee within four years of having served on the City Council. L2. 4.5 Removal. The City Clerk shall remove notify the Council and make recommendation for potential removal of commission members for failure to comply with attendance policies adopted in the Commissioner's Handbook. L3. 5.3 Regional Bodies. ...If a Councilmember is unable to attend, they should notify their alternate as far in advance of the meeting as possible so as to allow the alternate to attend. To ensure continuity of the City’s representation, the alternate should receive all correspondence from the regional bodies that is also sent to the primary. L4. 5.6 Council Training. Any member of the City Council and City commissions or advisory committees formed by the City Council shall receive ethics and anti- harassment training required by state law and the Brown Act and Rosenberg’s Rule of Order training. L5. 6.2 Council/Manager Form of Government. Under the Council/Manager form of government, the City Council sets policy direction as the direct representatives of the community. To enable the City Council to make informed decisions while weighing community input, the City Manager provides staff recommendations and presents options, along with their associated pros and cons. L6. 6.3 Council-Manager Relations. …and no individual Councilmember shall give any instructions to the City Manager. In the event that any suggestion or comment from an individual Councilmember might be perceived as an instruction by the City Manager or any staff, the City Manager/staff should assume positive intent and treat it as a suggestion or comment. [LC1] L7. 6.6 Councilmember Access to Information. February 4, 2025 City Council Minutes Page 14 …No Councilmember shall circumvent the City Manager' s direction regarding a request for information by seeking information through a Public Records Act request. A Councilmember may file a request for information by seeking information through a Public Records Act request as any member of the public. L8. 7.1 Future Agenda Items. …Any item may be removed for the future agenda items list by a majority vote of the City Council. At the requestor’s discretion, the agenda request may also include additional information explaining the rationale for or timing of the agenda item. Under the “Future Agenda Item” section of each regular Council meeting, a document listing all current future agenda requests shall be provided. L9. 7.3 Agenda Item Descriptions. Each agenda item shall include a brief general description of the matter to be discussed (approximately 20 words in length), including any action that may be taken under the California Environmental Quality Act, and should generally include the recommendation of the City Manager. If the item includes any budget request or modification, the amount should be specified for transparency when possible. The brief description should be comprehensible by a common resident. For example, • an amendment to the Municipal Code should include a description of the amendment, rather than only the Code Section to be amended; • an item related to a development project should include not only the street address, but the common name of the project when applicable; • The second reading of an ordinance should have the same agenda title as the first reading. L10. 7.4 Staff Reports. Staff reports should include the following sections: 1. Subject 2. Recommended Action 3. Background 4. Reasons for Recommendation and Available Options 5. Sustainability Impact 6. Fiscal Impact 7. California Environmental Quality Act The “Background” section should include the date, at least the month and the year, previous meetings were held and decisions were made on the item so that the public can easily look the meetings up for reference. When applicable, maps and charts should be provided in the staff report for easy reference. L11. 7.7 Written Communication. All written communications on an agenda item sent after the meeting agenda is posted shall be included in the “Written Communications” document of the council meeting. Any written communications on items not on the agenda shall be included February 4, 2025 City Council Minutes Page 15 in the “Written Communications” document if the sender indicates the desire to be included. Written communication will be posted by 5pm before the 6:45pm Council meeting and updated and posted the next day with any additional comments received. L12. 8.1 Meeting Schedule. …At Prior to the second regular meeting in January, the City Council will approve the schedule of meetings for the calendar year, which in addition to the regular meeting schedule may include the cancellation of regular meetings and the addition of special meetings and study sessions…. 8.1.1 When a regular council meeting is moved to Wednesday, the agenda shall be published the prior Wednesday and the meeting shall start at 6:45pm and include all items as a regular council meeting. L13A. / L13B. 8.3 Order of Business. The order of agenda items for regular Council meetings is as follows:… 13. Oral Communications (continued) 14. Councilmember Reports 15. Information Memos 15. 16. Future Agenda Items Oral communications shall be limited to 30 minutes. … Councilmember Reports should focus on include Council committee assignments and may include other matters serving the constituents, in addition to, ceremonial appearances.[L13A] The information memos, as described in Section 11, include additional documents requested by councilmembers for past or future agenda items, [L13] In the absence of an objection made by a majority of Councilmembers present and voting, the Mayor may modify the order of business to facilitate the fair and efficient conduct of Council meetings. L15. 8.5 Public Comment. An opportunity for public comment shall be provided … If a speaker representing five or moretwo up to five members of the public in attendance and wishing to comment on the item but electing not to speak, the speaker may have the combined time of two minutes per member, up to 10 minutes, to address the Council. Consolidation of time among speakers is not otherwise allowed. If a large number of speakers wish to address Council on an item,... L16. 8.8.3 Council Questions and Deliberations. Councilmembers may obtain the floor by seeking recognition from the Mayor. Following presentations to Council on an agenda item. Councilmembers are encouraged to yield any unused speaking time to colleagues who have already used their allotted time. Councilmembers shall each be given five minutes to ask questions of any presenter. The Mayor may allow additional time for questions where appropriate. time for questions where appropriate. … February 4, 2025 City Council Minutes Page 16 L17. 8.8.3 Council Questions and Deliberations. …. A member who has been recognized shall limit their time to five minutes, but may reserve any portion of their time for further questions or deliberations, as applicable, by advising the Mayor before yielding the floor. The Mayor may allow additional time for deliberations where appropriate. This rule shall displace any conflicting rule in the City's adopted rules of procedure. To encourage meaningful discussion and exchange of ideas. L18. 9. Closed Sessions 9.1 A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act…. 9.2 Any documents referenced or presented during closed sessions shall be shared with councilmembers upon request, and shared in the same manner as other closed session materials for confidentiality. L18. 11. Information Memos 11.1 Information Memos by Staff. Two Councilmembers may request an information memo to be provided on any issue pertain to the City business. 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. L19. 11.3 Information Memos by Councilmembers. Individual Councilmembers may prepare information memos for inclusion in their Council Activity Reports. Through these memos, Councilmembers can share any information they have received—whether from staff or other sources —with their fellow Councilmembers and the public, thereby enhancing transparency and accountability in City operations. The memos shall not include information which is protected by law from disclosure. The amended motion carried with the following vote: Ayes: Chao, Moore, Mohan, and Wang. Noes: Fruen. Abstain: None. Absent: None. ADJOURNMENT At 11:25 p.m., Mayor Chao adjourned the Regular City Council Meeting. There was no Council discussion on the remaining agenda items. CITY MANAGER REPORT The Council did not hear this item. ORAL COMMUNICATIONS - CONTINUED – None COUNCILMEMBER REPORTS February 4, 2025 City Council Minutes Page 17 13. Subject: Councilmember Reports Councilmembers reported on their various committees and events as provided in the published agenda. FUTURE AGENDA ITEMS The Council did not hear this item. Minutes prepared by: Kirsten Squarcia, City Clerk