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City Council

Regular Meeting

Sunnyvale, CA · January 9, 2024

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, January 9, 2024 5:00 PM Online and Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 5 PM | Special Meeting: Study Session - 5:30 PM | Regular Meeting - 7 PM 5 P.M. SPECIAL COUNCIL MEETING Closed Session) Call to Order Vice Mayor Din called the meeting to order at 5:01 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 5:03 p.m. No speakers. Public Comment closed at 5:03 p.m. Convene to Closed Session Council convened to Closed Session in the Council Conference Room at 5:04 p.m. A 24-0166 Closed Session Held Pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE APPOINTMENT Title: City Attorney Adjourn Special Meeting Vice Mayor Din adjourned the meeting at 5:31 p.m. City of Sunnyvale Page 1 City Council Meeting Minutes January 9, 2024 5:30 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Vice Mayor Din called the meeting to order at 5:35 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 Study Session B 24-0091 Sunnyvale Public Library Outreach Results Director of Public Works Chip Taylor, Assistant City Engineer Allison Boyer, Director of Library & Recreation Services Michelle Perera, and David Schnee, Group 4 Architecture provided the staff report and presentation. Public Comment opened at 6:54 p.m. No speakers. Public Comment closed at 6:54 p.m. Adjourn Special Meeting Vice Mayor Din adjourned the meeting at 6:55 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:04 p.m. SALUTE TO THE FLAG Mayor Klein led the salute to the United States flag. ROLL CALL City of Sunnyvale Page 2 City Council Meeting Minutes January 9, 2024 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 met in Closed Session Held Pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE APPOINTMENT Title: City Attorney; nothing to report. SPECIAL ORDER OF THE DAY C 24-0084 Recognition of Outgoing City Attorney Mayor Klein and City Manager Kent Steffens spoke in honor of the outgoing City Attorney John Nagel. City Attorney John Nagel provided remarks on their service as Sunnyvale City Attorney. Public Comment opened at 7:18 p.m. Glen Hendricks voiced their appreciation to City Attorney John Nagel for their years of service. Steve Scandalis shared their experiences with City Attorney John Nagel. Tara Martin Milius communicated their appreciation to City Attorney John Nagel for their years of public service. Public Comment closed at 7:23 p.m. ORAL COMMUNICATIONS Smyan Shanbhag spoke in support of Silicon Valley (SV) Hopper as another public transportation option for residents and students. Leela Menon communicated their support for SV Hopper as a public transportation option that will address commuting concerns for students. City of Sunnyvale Page 3 City Council Meeting Minutes January 9, 2024 Aayushma Adhikari shared their support for SV Hopper as a public transportation option for residents and students. Elisa Floyd, Student Trustee, Fremont Union High School District Board, communicated their support for SV Hopper and the need for alternative transportation options for students. Mike Serrone voiced their support for Sunnyvale joining the SV Hopper service. Peggy Brewster, Sunnyvale Equity in Education (SEE), spoke in support of SV Hopper and how it could be used to study the feasibility of permitted shuttles in North Sunnyvale. Eric Krock communicated their support for the proposed study issue to explore converting the PG&E lots into open park space. Rod Sinks provided a presentation on how SV Hopper can benefit Sunnyvale and its residents. Mike Johnson, Executive Director, Sunnyvale Downtown Association, spoke in support of a Sunnyvale partnering with SV Hopper to provide additional transportation options to residents. Margaret Lawson shared their support for SV Hopper service in Sunnyvale. Lauren Ledbetter, SEE, voiced their support for SV Hopper and advocated for a budget modification to support the service. Truth shared their appreciation for Sunnyvale allowing remote public comment as a way to participate in public meetings. Reena Agarwal spoke in support for expanding SV Hopper transportation services to Sunnyvale. Tara Martin-Milius communicated their support for Sunnyvale partnering with SV Hopper. Kristal Wickham provided their support for SV Hopper starting service in Sunnyvale. City of Sunnyvale Page 4 City Council Meeting Minutes January 9, 2024 Agnes Veith spoke in support for SV Hopper’s transportation services. Daniel Howard communicated alternative public transportation options to consider when deciding whether or not to partner with SV Hopper. Councilmember Sell announced details for the current recruitment for the Personnel Board. City Council took a recess at 8:18 p.m. and reconvened at 8:26 p.m. with all City Councilmembers present. CONSENT CALENDAR Public Comment opened at 8:26 p.m. Kristal Wickham requested agenda item. 1.G be pulled from the Consent Calendar. Public Comment closed at 8:27 p.m. MOTION: Vice Mayor Din moved and Councilmember Mehlinger seconded the motion to approve agenda items 1.A through 1.F. and 1.H. 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 24-0193 Approve City Council Meeting Minutes of November 28, 2023 Approve the City Council Meeting Minutes of November 28, 2023 as submitted. 1.B 24-0195 Approve City Council Meeting Minutes of December 5, 2023 Approve the City Council Meeting Minutes of December 5, 2023 as submitted. City of Sunnyvale Page 5 City Council Meeting Minutes January 9, 2024 1.C 24-0012 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.D 24-0189 Adopt a Resolution Enabling the City of Sunnyvale to Amend a Financing Agreement with the State of California for up to $322,060,000 in Clean Water State Revolving Funds to Fund the City of Sunnyvale Secondary Treatment and Dewatering Facilities Project Adopt a Resolution enabling the City of Sunnyvale to amend a Financing Agreement with the State of California for the new amount of $322,060,000 in Clean Water State Revolving Funds to fund the Secondary Treatment and Dewatering Facilities Project. 1.E 24-0159 Award of Consultant Service Agreement with a Contract Amount Not-to-Exceed $1,200,000 to V & A Consulting Engineers, Inc. for WPCP Yard Piping Condition Assessment (F24-001) and Find the Project is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15378(a) Take the following actions: - Award a Consultant Service Agreement in substantially the same form as Attachment 1 to the report in an amount not-to-exceed $1,200,000 to V & A Consulting Engineers, Inc. of Oakland; - Approve an 8.3% contingency in the amount of $100,000; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Find the Project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(a). 1.F 24-0098 Award of Consultant Services Agreement with a Contract Amount Not-to-Exceed $831,398 to BKF Engineers for Evelyn Avenue Multi-Use Trail Project (F23-173) and Find the Project is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15378 (a) Take the following actions: - Award a Consultant Services Agreement in substantially the same form as Attachment 1 to the report in an amount not-to-exceed $831,398 to BKF Engineers City of Sunnyvale Page 6 City Council Meeting Minutes January 9, 2024 of San Jose; - Approve a 10% contingency in the amount of $83,140; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Find the Project exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 (a). 1.G 24-0096 Award of Contract to Balch Petroleum Contractors and Builders, Inc. in the Amount of $997,850 for Upgrading of Fuel Tanks at Corporation Yard Project; Finding of California Environmental Quality Act (CEQA) Exemption Pursuant to CEQA Guidelines Section 15301(c); and Approval of Budget Modification No. 9 in the amount of $285,000 (PW23-22) Public Hearing opened at 8:32 p.m. Kristal Wickham questioned if installing underground fuel tanks is the best option and if this action aligns with Sunnyvale’s climate goals. Public Comment closed at 8:34 p.m. MOTION: Councilmember Melton moved and Councilmember Mehlinger seconded the motion to take the following actions: - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $997,850 to Balch Petroleum Contractors and Builders, Inc.; - Approve a 10% construction contingency in the amount of $97,785; - Authorize the City Manager to execute the contract when all necessary conditions have been met; - Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c); and - Approve Budget Modification No. 9 in the amount of $285,000. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell City of Sunnyvale Page 7 City Council Meeting Minutes January 9, 2024 No: 0 1.H 24-0095 Adopt a Resolution to Summarily Vacate an Unimproved Portion of a Street Easement (9224 O.R. 225) Located Adjacent to 1225 Vienna Drive Adopt a Resolution to summarily vacate an unimproved portion of the 66-foot wide street easement (9224 O.R.) located adjacent to 1225 Vienna Drive; and authorize and direct the City Clerk to record a certified copy of the Resolution, attested by the City Clerk under seal, with the Santa Clara County Recorder's Office. PUBLIC HEARINGS/GENERAL BUSINESS 2 24-0092 Selection of Vice Mayor for a One-Year Term Effective January 9, 2024 Mayor Klein opened the floor for nominations for Vice Mayor. Vice Mayor Din nominated Councilmember Melton to serve as Vice Mayor. They accepted the nomination. Councilmember Sell nominated Councilmember Srinivasan to serve as Vice Mayor. They accepted the nomination. Mayor Klein closed the nominations and invited the nominees to speak to their nomination. Councilmember Melton provided remarks. Councilmember Srinivasan provided remarks. Public Hearing opened at 8:54 p.m. Truth spoke in support of nominating a Vice Mayor from a diverse background. Public Hearing closed at 8:56 p.m. City Council discussed the nominees for Vice-Mayor. Mayor Klein called for the vote on the first nominee, Russ Melton. City of Sunnyvale Page 8 City Council Meeting Minutes January 9, 2024 The nomination failed with the following vote: Yes: 2 - Councilmember Melton Councilmember Din No: 0 Abstain: 5 - Mayor Klein Councilmember Cisneros Councilmember Srinivasan Councilmember Mehlinger Councilmember Sell Mayor Klein called for the vote on the second nominee, Murali Srinivasan. The nomination carried with the following vote: Yes: 7 - Mayor Klein Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Srinivasan Councilmember Mehlinger Councilmember Sell No: 0 Councilmember Srinivasan was selected to serve as Vice Mayor for a one-year term effective January 9, 2024, expiring on the first regular meeting in January 2025. Councilmember Srinivasan provided additional comments on their selection as Vice Mayor. Yes: 2 - Vice Mayor Din Councilmember Melton No: 0 City of Sunnyvale Page 9 City Council Meeting Minutes January 9, 2024 Abstain: 5 - Mayor Klein Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell 3 24-0093 Appoint Councilmembers to Intergovernmental Assignments; Ratify Appointments of Councilmembers Made by Outside Agencies; Take Action to Modify, Create, or Terminate Council Subcommittees; Approve Amendments to Council Policy 7.2.19 (Boards and Commissions) Public Hearing opened at 9:18 p.m. No speakers. Public Hearing closed at 9:18 p.m. 1.a. Community Member Appointments MOTION: Councilmember Mehlinger moved and Councilmember Din seconded the motion to appoint Alex Bonne to the VTA - Bicycle and Pedestrian Advisory Committee. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 1.b. Board and Commission Liaison Assignments MOTION: Councilmember Din moved and Councilmember Sell seconded the motion to appoint Councilmembers to Board and Commission Liaison Assignments with the following modification from the staff report: Councilmember Mehlinger to be the Council Liaison for the Heritage Preservation Commission from July - Dec. 2024. City of Sunnyvale Page 10 City Council Meeting Minutes January 9, 2024 The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 1.c. Council Subcommittees – Standing Committees Councilmembers expressed interests and preferences in appointments to standing committees. MOTION: Councilmember Din moved and Vice Mayor Srinivasan seconded the motion to appoint Councilmember Cisneros the Subcommittee of Board and Commissions by replacing Mayor Klein and no changes to the standing committee – Community Event and Neighborhood Grant Distribution Subcommittee. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 1.d. Appointments to External IGR Agencies Councilmembers expressed interests and preferences in appointments to external intergovernmental agencies. City of Sunnyvale Page 11 City Council Meeting Minutes January 9, 2024 MOTION: Councilmember Din moved and Vice Mayor Cisneros seconded the motion to approve the following appointments to external IGR agencies: Association of Bay Area Governments (ABAG) General Assembly: Srinivasan Association of Bay Area Governments (ABAG) General Assembly, Alternate: Din Bay Area Water Supply and Conservation Agency (BAWSCA) Board of Directors: Mehlinger Santa Clara County Comprehensive Expressway Planning Study Policy Advisory Board: Cisneros Santa Clara County Comprehensive Expressway Planning Study Policy Advisory Board, Alternate: Sell North Valley (NOVA) Job Training Consortium Workforce Board Nomination Committee: Cisneros Moffett Field Restoration Advisory Board (RAB): Mehlinger San Francisco Bay Area Regional Water System Financing Authority (RFA) Board of Directors: Mehlinger South Bay Salt Ponds Restoration Project Stakeholders: Mehlinger Silicon Valley Clean Energy Authority (SCCEA) Board of Directors: Klein Silicon Valley Clean Energy Authority (SCCEA) Board of Directors, Alternate: Srinivasan Valley Transportation Authority (VTA) Board of Directors: Din Valley Transportation Authority (VTA) State Route (SR) 85 Corridor Policy Advisory Board (PAB): Srinivasan Valley Transportation Authority (VTA) State Route (SR) 85 Corridor Policy Advisory Board (PAB), Alternate: Mehlinger Valley Transportation Authority (VTA) Policy Advisory Committee (PAC): Sell Valley Transportation Authority (VTA) Policy Advisory Committee (PAC), Alternate: Cisneros Water Emergency Transportation Authority Community Advisory Committee: Mehlinger Valley Water Commission: Cisneros Valley Water Commission, Alternate: Srinivasan The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton City of Sunnyvale Page 12 City Council Meeting Minutes January 9, 2024 Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 2.a. Mayor Klein announced appointments outlined in 2.a. would be announced at a future Council meeting. 2.b. Mayor Klein announced appointments outlined in 2.b. would be announced at a future Council meeting. 3.a. Appointments Made by Outside Agencies MOTION: Councilmember Din moved and Councilmember Melton seconded the motion to ratify outside agency appointments as written. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 MOTION: Councilmember Din moved and Vice Mayor Srinivasan seconded the motion to approve amendments to Council Policy 7.2.19 on Board and Commissions included in the report. The motion carried with the following vote: Yes: 7 - Mayor Klein Councilmember Melton City of Sunnyvale Page 13 City Council Meeting Minutes January 9, 2024 Councilmember Cisneros Councilmember Din Councilmember Srinivasan Councilmember Mehlinger Councilmember Sell No: 0 City Council took a recess at 9:39 p.m. and returned at 9:46 p.m. with all Councilmembers present. 4 24-0097 Approve Calendar Year 2024 Community Events and Neighborhood Grant Program Applications Youth and Family Resources Manager Angela Chan provided the staff report and presentation. Public Hearing opened at 10:06 p.m. Martin Pyne commented on how to foster additional neighborhood associations in the less represented areas of Sunnyvale. Public Hearing closed at 10:08 p.m. MOTION: Vice Mayor Srinivasan moved and Councilmember Cisneros seconded the motion to approve Alternative 1: Approve Option 1 funding levels for Community Events with the reduction of $587 from the Holi event and approve Option 2 funding levels for Neighborhood Grants. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 City of Sunnyvale Page 14 City Council Meeting Minutes January 9, 2024 5 24-0201 Amend the Code of Ethics and Conduct for Elected and Appointed Officials Related to Remote Public Comment During Oral Communications City Attorney John Nagel provided the staff report. Public Hearing opened at 10:33 p.m. Martin Pyne voiced the need for further guidance to Board and Commission Chairs on how to implement such a policy. Agnes Veith spoke to the need for training and guidance to Board and Commission Chairs on how to implement the policy. Ruth Silver Taube communicated their concerns with limiting remote public comment during oral communications. Public Hearing closed at 10:37 p.m. MOTION: Councilmember Mehlinger moved and Councilmember Melton seconded the motion to eliminate remote public comment during oral communications. MOTION TO SUBSTITUTE: Councilmember Din moved and Councilmember Mehlinger seconded the motion to substitute the entirety of the motion with "approve Alternative 1: Amend the Code of Ethics and Conduct for Elected and Appointed Officials as shown in Attachment 1 to the report." FRIENDLY AMENDMENT TO THE SUBSTITUTE MOTION: Councilmember Cisneros offered a friendly amendment to add the language “in the event that it would be impracticable to entertain remote public comment during oral communications for the purpose of timeliness or conducting an orderly meeting” to the policy change. Councilmember Din and Mehlinger accepted the friendly amendment. The substitute motion as amended carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros City of Sunnyvale Page 15 City Council Meeting Minutes January 9, 2024 Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 MOTION: Councilmember Din moved and Councilmember Mehlinger seconded the motion to approve Alternative 1: Amend the Code of Ethics and Conduct for Elected and Appointed Officials as shown in Attachment 1 to the report, adding, “in the event that it would be impracticable to entertain remote public comment during oral communications for the purpose of timeliness or conducting an orderly meeting.” The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 At this time Council heard agenda item 7. 7 24-0157 Appointment of Interim City Attorney and Approval of Employment Agreement Director of Human Resources Tina Murphy provided the staff report. Public Hearing opened at 11:22 p.m. No speakers. Public Hearing closed at 11:22 p.m. MOTION: Councilmember Din moved and Councilmember Mehlinger seconded the motion to approve Alternative 1: Appoint Rebecca Moon as Interim City Attorney and authorize the Mayor to execute the employment agreement in substantially the form attached to the report. City of Sunnyvale Page 16 City Council Meeting Minutes January 9, 2024 The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 8 24-0094 Determine the 2024 Seating Arrangements for City Council City Clerk David Carnahan provide the staff report. Public Hearing opened at 11:27 p.m. No speakers. Public Hearing closed at 11:27 p.m. By consensus and in the order of seniority, Council determined the seating arrangements for 2024 as follows: Mayor Klein will remain in the Mayor’s seat (Seat 4). Vice Mayor Srinivasan selected to take Seat 5. Councilmember Melton selected to take Seat 3. Councilmember Cisneros selected to take Seat 7. Councilmember Din selected to take Seat 1. Councilmember Mehlinger selected to take Seat 6 Councilmember Sell selected to take Seat 2. MOTION: Councilmember Din moved and Councilmember Melton seconded the motion to continue agenda item 24-0001 to the January 23, 2024 City Council meeting. City of Sunnyvale Page 17 City Council Meeting Minutes January 9, 2024 The motion failed with the following vote: Yes: 3 - Councilmember Melton Councilmember Cisneros Councilmember Din No: 4 - Mayor Klein Vice Mayor Srinivasan Councilmember Mehlinger Councilmember Sell 6 24-0001 Review the Council Policy 7.3.19 (Council Meetings) Process for City Council Colleague Memorandums to Propose new Agenda Items and Consider Amendments to the Process and/or an Extension of the Process Beyond January 31, 2024 City Clerk David Carnahan provided the staff report. Public Hearing opened at 11:33 p.m. Member of the public spoke in favor of allowing Councilmembers to individually agendize items on their own. Public Hearing closed at 11:35 p.m. MOTION: Councilmember Din moved and Councilmember Sell seconded the motion to approve Alternative 3: Amend Council Policy 7.3.19 (Council Meetings) to make the process for City Council Colleague Memorandums to propose new agenda items permanent. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell City of Sunnyvale Page 18 City Council Meeting Minutes January 9, 2024 No: 0 MOTION: Councilmember Melton moved and Councilmember Din seconded the motion to hear the remainder of agenda items. The motion carried with the following vote: Yes: 5 - Vice Mayor Srinivasan Councilmember Melton Councilmember Din Councilmember Mehlinger Councilmember Sell No: 2 - Mayor Klein Councilmember Cisneros COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Mayor Klein provided a report on a recent Silicon Valley Clean Energy Board meeting. Councilmember Mehlinger reported on a Caltrain Local Policy Marker Group memorandum that they received. NON-AGENDA ITEMS & COMMENTS -Council MOTION: Councilmember Sell moved and Councilmember Din seconded the motion to agendize an item to explore the viability of the Silicon Valley (SV) Hopper service operating in Sunnyvale and potential grant opportunities. FRIENDLY AMENDMENT: Councilmember Melton offered a friendly amendment to consider discontinuing Study Issue DPW 23-06-Evaluate Range of Options for Shuttle Service and Alternative Transportation Options for Fremont and Homestead High School Students Who Live in North Sunnyvale, if the SV Hopper program is pursued. Councilmember Sell and Din accepted the friendly amendment. The motion as amended carried with the following vote: City of Sunnyvale Page 19 City Council Meeting Minutes January 9, 2024 Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 Councilmember Melton proposed a budget issue to increase staffing levels of the Traffic Safety Unit. Mayor Klein, Vice Mayor Srinivasan, and Councilmembers Cisneros, Din, Mehlinger, and Sell co-sponsored the budget issue. Councilmember Melton proposed a budget issue implement the burglary suppression unit year-round. Mayor Klein, Vice Mayor Srinivasan, and Councilmembers Cisneros, Din, Mehlinger, and Sell co-sponsored the budget issue. Councilmember Melton proposed a study issue to evaluate current service levels and explore ways to improve the service of the Sunnyvale’s vehicle abatement program. Councilmember Din co-sponsored the budget issue. -City Manager City Manager Kent Steffens announced the information only report Comparison of Sunnyvale Development Fees and Processing Times to Comparable Cities (Residential Development). INFORMATION ONLY REPORTS/ITEMS 24-0072 Tentative Council Meeting Agenda Calendar 24-0073 Board/Commission Meeting Minutes 24-0074 Information/Action Items 24-0191 Comparison of Sunnyvale Development Fees and Processing Times to Comparable Cities (Residential Development) 24-0085 Council Advocacy Letters City of Sunnyvale Page 20 City Council Meeting Minutes January 9, 2024 ADJOURNMENT Mayor Klein adjourned the meeting in honor of Patrick Scott at 11:59 p.m. City of Sunnyvale Page 21

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, January 9, 2024 5:00 PM Online and Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 5 PM | Special Meeting: Study Session - 5:30 PM | Regular Meeting - 7 PM 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. As a courtesy, and technology permitting, members of the public may also attend online. However, the City cannot guarantee that the public’s access to online technology will be uninterrupted, and technical difficulties may occur from time to time. Unless required by the Brown Act, the meeting will continue despite technical difficulties for participants using the online option. • 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 City of Sunnyvale Page 1 Printed on 1/4/2024 City Council Notice and Agenda January 9, 2024 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 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 Council Chambers (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 24-0166 Closed Session Held Pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE APPOINTMENT Title: City Attorney Adjourn Special Meeting 5:30 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Call to Order in the Council Chambers Roll Call City of Sunnyvale Page 2 Printed on 1/4/2024 City Council Notice and Agenda January 9, 2024 Study Session The public may provide comments regarding the Study Session item(s). If you wish to address the Council, please refer to the notice at the beginning of this agenda. B 24-0091 Sunnyvale Public Library Outreach Results Adjourn Special Meeting 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 Council Chambers SALUTE TO THE FLAG ROLL CALL CLOSED SESSION REPORT SPECIAL ORDER OF THE DAY C 24-0084 Recognition of Outgoing City Attorney 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. City of Sunnyvale Page 3 Printed on 1/4/2024 City Council Notice and Agenda January 9, 2024 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 24-0193 Approve City Council Meeting Minutes of November 28, 2023 Recommendation: Approve the City Council Meeting Minutes of November 28, 2023 as submitted. 1.B 24-0195 Approve City Council Meeting Minutes of December 5, 2023 Recommendation: Approve the City Council Meeting Minutes of December 5, 2023 as submitted. 1.C 24-0012 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.D 24-0189 Adopt a Resolution Enabling the City of Sunnyvale to Amend a Financing Agreement with the State of California for up to $322,060,000 in Clean Water State Revolving Funds to Fund the City of Sunnyvale Secondary Treatment and Dewatering Facilities Project Recommendation: Adopt a Resolution enabling the City of Sunnyvale to amend a Financing Agreement with the State of California for the new amount of $322,060,000 in Clean Water State Revolving Funds to fund the Secondary Treatment and Dewatering Facilities Project. 1.E 24-0159 Award of Consultant Service Agreement with a Contract Amount Not-to-Exceed $1,200,000 to V & A Consulting Engineers, Inc. for WPCP Yard Piping Condition Assessment (F24-001) and Find the Project is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15378(a) City of Sunnyvale Page 4 Printed on 1/4/2024 City Council Notice and Agenda January 9, 2024 Recommendation: Take the following actions: - Award a Consultant Service Agreement in substantially the same form as Attachment 1 to the report in an amount not-to-exceed $1,200,000 to V & A Consulting Engineers, Inc. of Oakland; - Approve an 8.3% contingency in the amount of $100,000; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Find the Project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(a). 1.F 24-0098 Award of Consultant Services Agreement with a Contract Amount Not-to-Exceed $831,398 to BKF Engineers for Evelyn Avenue Multi-Use Trail Project (F23-173) and Find the Project is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15378 (a) Recommendation: Take the following actions: - Award a Consultant Services Agreement in substantially the same form as Attachment 1 to the report in an amount not-to-exceed $831,398 to BKF Engineers of San Jose; - Approve a 10% contingency in the amount of $83,140; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Find the Project exempt from CEQA pursuant to CEQA Guidelines Section 15378 (a). 1.G 24-0096 Award of Contract to Balch Petroleum Contractors and Builders, Inc. in the Amount of $997,850 for Upgrading of Fuel Tanks at Corporation Yard Project; Finding of California Environmental Quality Act (CEQA) Exemption Pursuant to CEQA Guidelines Section 15301(c); and Approval of Budget Modification No. 9 in the amount of $285,000 (PW23-22) City of Sunnyvale Page 5 Printed on 1/4/2024 City Council Notice and Agenda January 9, 2024 Recommendation: Take the following actions: - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $997,850 to Balch Petroleum Contractors and Builders, Inc.; - Approve a 10% construction contingency in the amount of $97,785; - Authorize the City Manager to execute the contract when all necessary conditions have been met; - Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c); and - Approve Budget Modification No. 9 in the amount of $285,000. 1.H 24-0095 Adopt a Resolution to Summarily Vacate an Unimproved Portion of a Street Easement (9224 O.R. 225) Located Adjacent to 1225 Vienna Drive Recommendation: Adopt the Resolution to summarily vacate an unimproved portion of the 66-foot wide street easement (9224 O.R.) located adjacent to 1225 Vienna Drive; and authorize and direct the City Clerk to record a certified copy of the Resolution, attested by the City Clerk under seal, with the Santa Clara County Recorder's Office. 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. 2 24-0092 Selection of Vice Mayor for a One-Year Term Effective January 9, 2024 Recommendation: Select a member of the Council to serve as Vice Mayor for a one-year term effective January 9, 2024, expiring on the first regular meeting in January 2025. 3 24-0093 Appoint Councilmembers to Intergovernmental Assignments; Ratify Appointments of Councilmembers Made by Outside Agencies; Take Action to Modify, Create, or Terminate Council Subcommittees; Approve Amendments to Council Policy 7.2.19 City of Sunnyvale Page 6 Printed on 1/4/2024 City Council Notice and Agenda January 9, 2024 (Boards and Commissions) Recommendation: Alternatives 1 through 7: 1) Ratify Community Member Appointments; 2) Reaffirm Board and Commission Liaison Assignments; 3) Take Action to Modify, Create, or Terminate Council Subcommittees; 4) Appoint Councilmembers to Remaining Council Subcommittees and Standing Committees; 5) Appoint Councilmembers to serve on External IGR Agencies; 6) Ratify Appointments made by Outside Agencies including Pre-ratification of appointments that are still pending; 7) Approve Amendments to Council Policy 7.2.19 (Boards and Commissions) 4 24-0097 Approve Calendar Year 2024 Community Events and Neighborhood Grant Program Applications Recommendation: Alternative 1: Approve Option 1 funding levels for Community Events with the reduction of $587 from the Holi event and approve Option 2 funding levels for Neighborhood Grants. 5 24-0201 Amend the Code of Ethics and Conduct for Elected and Appointed Officials Related to Remote Public Comment During Oral Communications Recommendation: Staff makes no recommendation. This report is being presented to City Council to facilitate discussion at the public hearing and for Council to consider the proposed amendments to the Code of Ethics and Conduct for Elected and Appointed Officials. 6 24-0001 Review the Council Policy 7.3.19 (Council Meetings) Process for City Council Colleague Memorandums to Propose new Agenda Items and Consider Amendments to the Process and/or an Extension of the Process Beyond January 31, 2024 Recommendation: Staff makes no recommendation. This report is being presented to City Council to facilitate discussion at the public hearing and for Council to consider various options that relate to the pilot Council Colleague Memorandums process. 7 24-0157 Appointment of Interim City Attorney and Approval of Employment Agreement City of Sunnyvale Page 7 Printed on 1/4/2024 City Council Notice and Agenda January 9, 2024 Recommendation: Staff makes no recommendation. This report is developed to facilitate conversation for the public hearing and action by the City Council. 8 24-0094 Determine the 2024 Seating Arrangements for City Council Recommendation: Determine the seating arrangements for 2024 in accordance with Council Policy 7.3.11. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS NON-AGENDA ITEMS & COMMENTS -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. 24-0072 Tentative Council Meeting Agenda Calendar 24-0073 Board/Commission Meeting Minutes 24-0074 Information/Action Items 24-0191 Comparison of Sunnyvale Development Fees and Processing Times to Comparable Cities (Residential Development) 24-0085 Council Advocacy Letters 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 City of Sunnyvale Page 8 Printed on 1/4/2024 City Council Notice and Agenda January 9, 2024 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 Council Chambers 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. 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 9 Printed on 1/4/2024

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