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City Council

Regular Meeting

Sunnyvale, CA · June 20, 2023

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, June 20, 2023 5:00 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 5 PM | Regular Meeting - 7 PM | Special Joint Meeting of City Council and Sunnyvale Financing Authority - 7 PM (or soon thereafter) 5 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Vice Mayor Din called the meeting to order at 5:05 p.m. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell Public Comment Public Comment opened at 5:06 p.m. No speakers. Public Comment closed at 5:06 p.m. Convene to Closed Session Council convened to Closed Session in the Council Conference Room at 5:07 p.m. A 23-0503 Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager B 23-0504 Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION City of Sunnyvale Page 1 City Council Meeting Minutes June 20, 2023 Title: City Attorney C 23-0232 Closed Session Held Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Tina Murphy, Director of Human Resources Employee organization: Sunnyvale Managers Association (SMA) Adjourn Special Meeting Vice Mayor Din adjourned the meeting at 6:57 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:02 p.m. SALUTE TO THE FLAG Mayor Klein led the salute to the United States flag. ROLL CALL Present: 7 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell CLOSED SESSION REPORT Vice Mayor Din reported that Council met in Closed Session Held Pursuant to California Government Code Section 54957: Public Employee Performance Evaluation Title: City Manager; nothing to report. Vice Mayor Din reported that Council met in Closed Session Held Pursuant to California Government Code Section 54957: Public Employee Performance Evaluation Title: City Attorney; nothing to report. Vice Mayor Din reported that Council met in Closed Session Held Pursuant to City of Sunnyvale Page 2 City Council Meeting Minutes June 20, 2023 California Government Code Section 54957.6: Conference with Labor Negotiators Agency designated representatives: Tina Murphy, Director of Human Resources Employee organization: Sunnyvale Managers Association (SMA); nothing to report. ORAL COMMUNICATIONS Councilmember Srinivasan announced the upcoming Sunnyvale EV Ride and Drive event. CONSENT CALENDAR Public Comment opened at 7:06 p.m. No speakers. Public Comment closed at 7:06 p.m. MOTION: Councilmember Mehlinger moved and Councilmember Sell seconded the motion to approve agenda items 1.A through 1.E. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 1.A 23-0307 Approve City Council Meeting Minutes of May 18, 2023 (Budget Workshop) Approve the City Council Meeting Minutes of May 18, 2023 as submitted. 1.B 23-0343 Approve City Council Meeting Minutes of May 23, 2023 Approve the City Council Meeting Minutes of May 23, 2023 as submitted. 1.C 23-0546 Approve City Council Meeting Minutes of June 6, 2023 Approve the City Council Meeting Minutes of June 6, 2023 as submitted. 1.D 23-0271 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager City of Sunnyvale Page 3 City Council Meeting Minutes June 20, 2023 Approve the list(s) of claims and bills. 1.E 23-0562 Authorize Amending an Existing Contract with Ascent Environmental Inc. for Professional Services Assistance for the Preparation of the City of Sunnyvale’s Village Center Master Plan and Approve Budget Modification No. 23 in the amount of $34,445 (F23-142) Take the following actions: - Authorize the City Manager to execute the First Amendment to an existing contract with Ascent Environmental Inc., in substantially the same form as Attachment 1 to the report, increasing the not-to-exceed amount by $95,000 for a new not-to-exceed total amount of $344,945; - Approve Budget Modification No. 23 in the amount of $34,445; and - Authorize the City Manager to amend the agreement to increase the scope of work or total not-to-exceed amount, subject to the available budget, provided pricing and services remain acceptable to the City. ADJOURNMENT TO SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY 7 P.M. (OR SOON THEREAFTER) SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY Call to Order Authority Chair/Mayor Klein called the joint meeting of the City Council and Sunnyvale Financing Authority Meeting to order at 7:07 p.m. Roll Call Present: 7 - Authority Chair/Mayor Larry Klein Authority Vice Chair/Vice Mayor Omar Din Authority Member/Councilmember Russ Melton Authority Member/Councilmember Alysa Cisneros Authority Member/Councilmember Richard Mehlinger Authority Member/Councilmember Murali Srinivasan Authority Member/Councilmember Linda Sell Oral Communications Suh Jean Lin communicated issues dealing with social services in the area and asked the City Council for assistance. Consent Calendar City of Sunnyvale Page 4 City Council Meeting Minutes June 20, 2023 Public Comment opened at 7:10 p.m. No speakers. Public Comment closed at 7:10 p.m. MOTION: Authority Member Mehlinger moved and Authority Vice Chair Din seconded the motion to approve agenda item 2.A. The motion carried with the following vote: Yes: 7 - Authority Chair Klein Authority Vice Chair Din Authority Member Melton Authority Member Cisneros Authority Member Mehlinger Authority Member Srinivasan Authority Member Sell No: 0 2.A 23-0632 Approve Sunnyvale Financing Authority Meeting Minutes of June 6, 2023 Approve the Sunnyvale Financing Authority Meeting Minutes of June 6, 2023 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS 3 23-0454 City Council Adoption of the Fiscal Year (FY) 2023/24 Budget, Fee Schedule and Appropriations Limit, and Sunnyvale Financing Authority Adoption of the FY 2023/24 Budget Finance Director Tim Kirby provided the staff report and presentation. Public Hearing opened at 7:19 p.m. No speakers. Public Hearing closed at 7:19 p.m. City Council: MOTION: Vice Mayor Din moved and Councilmember Cisneros seconded the motion to approve Alternative 1: Adopt the resolutions presented as Attachment 1 City of Sunnyvale Page 5 City Council Meeting Minutes June 20, 2023 (including Exhibit A), Attachment 2 (including Exhibits A through D), and Attachment 3 (including Exhibit A) to the report that provide for the adoption of the FY 2023/24 Fee Schedule, Budget, and Appropriations Limit. FRIENDLY AMENDMENT: Councilmember Melton offered a friendly amendment to direct staff to hold a study session by December 2023 about the Bartel and Associates Report and a plan addressing pension liability, a proposed budget modification to inject $15 million into the irrevocable pension trust and increase the annual funding from the budget into the irrevocable pension trust from $1 million to $5 million. Vice Mayor Din declined to accept the friendly amendment. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 Sunnyvale Financing Authority: MOTION: Authority Vice Chair Din moved and Authority Member Sell seconded the motion to approve Alternative 2: Adopt the FY 2023/24 Budget Resolution (Sunnyvale Financing Authority) presented as Attachment 4 to the report. The motion carried with the following vote: Yes: 7 - Authority Chair Klein Authority Vice Chair Din Authority Member Melton Authority Member Cisneros Authority Member Mehlinger Authority Member Srinivasan Authority Member Sell City of Sunnyvale Page 6 City Council Meeting Minutes June 20, 2023 No: 0 ADJOURN CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY MEETING Authority Chair/Mayor Klein adjourned the meeting at 8:03 p.m. RECONVENE TO CITY COUNCIL MEETING Mayor Klein reconvened the City Council meeting at 8:03 p.m. PUBLIC HEARINGS/GENERAL BUSINESS 4 23-0241 Adopt a Resolution to Authorize the Filing of an Application to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2023/24 Transportation Development Act Article 3 Funding of $160,000 for the Design Phase of the Installation of Sidewalk on Poplar Avenue and Bank the Remainder of the Funding ($176,620) for the Construction Phase of the Project Principal Transportation Engineer/Planner Lillian Tsang provided the staff report and presentation. Public Hearing opened at 8:37 p.m. Angela Quizon spoke in support for approving Alternative 1 that will provide funding for the sidewalk installation on Poplar Avenue. Vickie Fairchild, Board President, Santa Clara Unified School District, communicated their support for approving Alternative 1 to provide funding for the sidewalk installation on Poplar Avenue. Public Hearing closed at 8:45 p.m. MOTION: Councilmember Mehlinger moved and Councilmember Melton seconded the motion to approve Alternative 1: Adopt a Resolution to authorize the filing of an application to the Metropolitan Transportation Commission for the allocation of Fiscal Year 2023/24 Transportation Development Act Article 3 funding of $160,000 for the Design Phase of the Installation of Sidewalk on Poplar Avenue and bank the remainder of the funding ($176,620) for the Construction Phase of the Project. The motion carried with the following vote: City of Sunnyvale Page 7 City Council Meeting Minutes June 20, 2023 Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Vice Mayor Din reported that the Valley Transportation Authority approved the Visionary Network for aspirational transit service in Santa Clara County. Councilmember Melton reported that Santa Clara Local Agency Formation Commission held a special event to celebrated past accomplishments and retirements. NON-AGENDA ITEMS & COMMENTS -Council None. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 23-0479 Tentative Council Meeting Agenda Calendar 23-0484 Board/Commission Meeting Minutes 23-0502 Information/Action Items ADJOURNMENT Mayor Klein adjourned the meeting at 9:09 p.m. City of Sunnyvale Page 8

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, June 20, 2023 5:00 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 5 PM | Regular Meeting - 7 PM | Special Joint Meeting of City Council and Sunnyvale Financing Authority - 7 PM (or soon thereafter) Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540 Public Participation • In-person participation: You may provide public comment by filling out a speaker card (optional) and giving it to the City Clerk. • Online participation: You may provide audio public comment by connecting to the meeting online or by telephone. Use the Raise Hand feature to request to speak (*9 on a telephone): Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540 Meeting call-in telephone number: 833-548-0276 | Meeting ID: 961 1158 0540 (*9 to request to speak | *6 to unmute/mute) • Watch the City Council meeting at http://youtube.com/SunnyvaleMeetings or on television over Comcast Channel 15, AT&T Channel 99 • Submit written comments to the City Council no later than 4 hours prior to the meeting start to council@sunnyvale.ca.gov or by mail to: City Clerk, 456 W. Olive Ave., Sunnyvale, CA 94086 • Review recordings of this meeting and past meetings at https://sunnyvaleca.legistar.com/calendar.aspx or http://youtube.com/SunnyvaleMeetings Accessibility/Americans with Disabilities Act (ADA) Notice Pursuant to the Americans with Disabilities Act (ADA), if you need special assistance to provide public comment, or for other special assistance; please City of Sunnyvale Page 1 Printed on 6/15/2023 City Council Notice and Agenda June 20, 2023 contact the City at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility to this meeting. The Office of the City Clerk may be reached at 408-730-7483 or cityclerk@sunnyvale.ca.gov (28 CFR 35.160 (b) (1)). 5 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Call to Order in the Bay Conference Room - Room 145 (Open to the Public). Roll Call Public Comment The public may provide comments regarding the Closed Session item(s). If you wish to address the Council, please refer to the notice at the beginning of this agenda. Closed Sessions are not open to the public. Convene to Closed Session Convene to Closed Session in the Council Conference Room (Closed to the Public). A 23-0503 Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager B 23-0504 Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney C 23-0232 Closed Session Held Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Tina Murphy, Director of Human Resources Employee organization: Sunnyvale Managers Association (SMA) Adjourn Special Meeting City of Sunnyvale Page 2 Printed on 6/15/2023 City Council Notice and Agenda June 20, 2023 7 P.M. COUNCIL MEETING Pursuant to Council Policy, City Council will not begin consideration of any agenda item after 11:30 p.m. without a vote. Any item on the agenda which must be continued due to the late hour shall be continued to a date certain. Information provided herein is subject to change from date of printing of the agenda to the date of the meeting. CALL TO ORDER Call to Order in the Bay Conference Room (Room 145) SALUTE TO THE FLAG ROLL CALL CLOSED SESSION REPORT ORAL COMMUNICATIONS This category provides an opportunity for members of the public to address the City Council on items not listed on the agenda and is limited to 15 minutes (may be extended or continued after the public hearings/general business section of the agenda at the discretion of the Mayor) with a maximum of up to three minutes per speaker. Please note the Brown Act (Open Meeting Law) does not allow the Council to take action on an item not listed on the agenda. If you wish to address the Council, please refer to the notice at the beginning of this agenda. Individuals are limited to one appearance during this section. CONSENT CALENDAR All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion. There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, please refer to the notice at the beginning of this agenda. 1.A 23-0307 Approve City Council Meeting Minutes of May 18, 2023 (Budget Workshop) Recommendation: Approve the City Council Meeting Minutes of May 18, 2023 as submitted. 1.B 23-0343 Approve City Council Meeting Minutes of May 23, 2023 City of Sunnyvale Page 3 Printed on 6/15/2023 City Council Notice and Agenda June 20, 2023 Recommendation: Approve the City Council Meeting Minutes of May 23, 2023 as submitted. 1.C 23-0546 Approve City Council Meeting Minutes of June 6, 2023 Recommendation: Approve the City Council Meeting Minutes of June 6, 2023 as submitted. 1.D 23-0271 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Recommendation: Approve the list(s) of claims and bills. 1.E 23-0562 Authorize Amending an Existing Contract with Ascent Environmental Inc. for Professional Services Assistance for the Preparation of the City of Sunnyvale’s Village Center Master Plan and Approve Budget Modification No. 23 in the amount of $34,445 (F23-142) Recommendation: Take the following actions: - Authorize the City Manager to execute the First Amendment to an existing contract with Ascent Environmental Inc., in substantially the same form as Attachment 1 to the report, increasing the not-to-exceed amount by $95,000 for a new not-to-exceed total amount of $344,945; - Approve Budget Modification in the amount of $34,445; and - Authorize the City Manager to amend the agreement to increase the scope of work or total not-to-exceed amount, subject to the available budget, provided pricing and services remain acceptable to the City. ADJOURNMENT TO SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY 7 P.M. (OR SOON THEREAFTER) SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY Call to Order Call to Order in the Bay Conference Room (Room 145) Roll Call Oral Communications City of Sunnyvale Page 4 Printed on 6/15/2023 City Council Notice and Agenda June 20, 2023 This category provides an opportunity for members of the public to address the City Council and Financing Authority Board on items not listed on the agenda and is limited to 15 minutes (may be extended or continued at the discretion of the Mayor/Board Chair) with a maximum of up to three minutes per speaker. Please note the Brown Act (Open Meeting Law) does not allow the Council or Board to take action on an item not listed on the agenda. If you wish to address the Council and Board, please refer to the notice at the beginning of this Agenda. Individuals are limited to one appearance during this section. Consent Calendar All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion. There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, please refer to the notice at the beginning of this agenda. 2.A 23-0632 Approve Sunnyvale Financing Authority Meeting Minutes of June 6, 2023 Recommendation: Approve the Sunnyvale Financing Authority Meeting Minutes of June 6, 2023 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearing/general business item, please refer to notice at the beginning of this agenda. Each speaker is limited to a maximum of three minutes. For land-use items, applicants are limited to a maximum of 10 minutes for opening comments and 5 minutes for closing comments. 3 23-0454 City Council Adoption of the Fiscal Year (FY) 2023/24 Budget, Fee Schedule and Appropriations Limit, and Sunnyvale Financing Authority Adoption of the FY 2023/24 Budget City of Sunnyvale Page 5 Printed on 6/15/2023 City Council Notice and Agenda June 20, 2023 Recommendation: City Council: Alternative 1: Adopt the resolutions presented as Attachment 1 (including Exhibit A), Attachment 2 (including Exhibits A through D), and Attachment 3 (including Exhibit A) to the report that provide for the adoption of the FY 2023/24 Fee Schedule, Budget, and Appropriations Limit. Sunnyvale Financing Authority: Alternative 2: Adopt the FY 2023/24 Budget Resolution (Sunnyvale Financing Authority) presented as Attachment 4 to the report. ADJOURN CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY MEETING RECONVENE TO CITY COUNCIL MEETING PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearing/general business item, please refer to notice at the beginning of this agenda. Each speaker is limited to a maximum of three minutes. For land-use items, applicants are limited to a maximum of 10 minutes for opening comments and 5 minutes for closing comments. 4 23-0241 Adopt a Resolution to Authorize the Filing of an Application to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2023/24 Transportation Development Act Article 3 Funding of $160,000 for the Design Phase of the Installation of Sidewalk on Poplar Avenue and Bank the Remainder of the Funding ($176,620) for the Construction Phase of the Project Recommendation: Alternative 1: Adopt a Resolution to Authorize the Filing of an Application to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2023/24 Transportation Development Act Article 3 Funding of $160,000 for the Design Phase of the Installation of Sidewalk on Poplar Avenue and Bank the Remainder of the Funding ($176,620) for the Construction Phase of the Project COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS NON-AGENDA ITEMS & COMMENTS City of Sunnyvale Page 6 Printed on 6/15/2023 City Council Notice and Agenda June 20, 2023 -Council -City Manager INFORMATION ONLY REPORTS/ITEMS Visit http://Sunnyvale.ca.gov/TCMAC to view the Tentative Council Meeting Agenda Calendar (TCMAC) online. The TCMAC is updated each Thursday afternoon. 23-0479 Tentative Council Meeting Agenda Calendar 23-0484 Board/Commission Meeting Minutes 23-0502 Information/Action Items ADJOURNMENT NOTICE TO THE PUBLIC The agenda reports to council (RTCs) may be viewed on the City’s website at sunnyvale.ca.gov after 7 p.m. on Thursdays or at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue, during normal business hours, prior to Tuesday City Council meetings. Any agenda related writings or documents distributed to members of the City of Sunnyvale City Council regarding any open session item on this agenda will be made available for public inspection in the Office of the City Clerk located on the fourth floor of City Hall at 456 W. Olive Avenue, during normal business hours and in the Bay Conference Room (Room 145) on the evening of the Council Meeting, pursuant to Government Code §54957.5. Please contact the Office of the City Clerk at 408-730-7483 for specific questions regarding the agenda. PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on any public hearing item listed in this agenda, the issues in the lawsuit may be limited to the issues which were raised at the public hearing or presented in writing to the Office of the City Clerk at or before the public hearing. PLEASE TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6 imposes a 90-day deadline for the filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure 1094.5. City of Sunnyvale Page 7 Printed on 6/15/2023 City Council Notice and Agenda June 20, 2023 Planning a presentation for a City Council meeting? To help you prepare and deliver your public comments, please review the "Making Public Comments During City Council or Planning Commission Meetings" available at http://Sunnyvale.ca.gov/PublicComments Planning to provide materials to Council? If you wish to provide the City Council with copies of your presentation materials, please provide 12 copies of the materials to the Office of the City Clerk. The City Clerk will distribute your items to the Council. Upcoming Meetings Visit https://sunnyvaleca.legistar.com for upcoming Council, board and commission meeting information. City of Sunnyvale Page 8 Printed on 6/15/2023

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