City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, April 23, 2024 5:30 PM Online and Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 5:30 PM | Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM 5:30 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Vice Mayor Srinivasan called the meeting to order at 5:30 p.m. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Murali Srinivasan Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Omar Din Councilmember Richard Mehlinger Councilmember Linda Sell Public Comment Public Comment opened at 5:33 p.m. No speakers. Public Comment closed at 5:33 p.m. Convene to Closed Session Council convened to Closed Session in the Council Conference Room at 5:34 p.m. A 24-0591 Closed Session Held Pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE APPOINTMENT Title: Interim City Manager Adjourn Special Meeting Vice Mayor Srinivasan adjourned the meeting at 6:00 p.m. City of Sunnyvale Page 1 City Council Meeting Minutes April 23, 2024 6 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Vice Mayor Srinivasan called the meeting to order at 6:04 p.m. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Murali Srinivasan Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Omar Din Councilmember Richard Mehlinger Councilmember Linda Sell Study Session B 24-0152 ITD 20-01: Establish a Formal Smart Cities Initiative and Potential Program (Study Issue) Chief Information Officer/Information Technology Director Kathleen Boutté Foster-Gee provided the staff report and presentation. Public Hearing opened at 7:00 p.m. No speakers. Public Hearing closed at 7:00 p.m. Adjourn Special Meeting Vice Mayor Srinivasan adjourned the meeting at 7:00 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:08 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 April 23, 2024 Present: 7 - Mayor Larry Klein Vice Mayor Murali Srinivasan Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Omar Din Councilmember Richard Mehlinger Councilmember Linda Sell CLOSED SESSION REPORT Vice Mayor Srinivasan reported that Council met in Closed Session on April 10, 2024 Pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE APPOINTMENT Title: City Attorney; nothing to report. Vice Mayor Srinivasan reported that Council met in Closed Session on April 10, 2024 Pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE APPOINTMENT Title: City Manager; nothing to report. Vice Mayor Srinivasan reported that Council met in Closed Session on April 18, 2024 Pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE APPOINTMENT Title: City Attorney; nothing to report. Vice Mayor Srinivasan reported that Council met in Closed Session on April 23, 2024 Pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE APPOINTMENT Title: Interim City Manager; nothing to report. SPECIAL ORDER OF THE DAY C 24-0220 Recognition of Winners for the FoodCycle Art Contest Mayor Klein spoke in recognition of and honored the FoodCycle Art Contests winners. D 24-0331 Small Business Week Mayor Klein spoke in honor of Small Business Week. Tim Kim, Kim’s Flower Basket, provided words in recognition of Small Business Week. E 24-0332 Affordable Housing Month Mayor Klein spoke in honor of Affordable Housing Month. City of Sunnyvale Page 3 City Council Meeting Minutes April 23, 2024 Matt Franklin, President and Chief Operating Officer, MidPen Housing, voiced their appreciation of Sunnyvale recognizing Affordable Housing Month. F 24-0593 National Financial Literacy Month Mayor Klein spoke in honor of National Financial Literacy Month. Shane Jacksteit, Edward Jones, provided further words in honor of National Financial Literacy Month. PRESENTATION G 24-0403 Caltrain Electrification and City Partnerships by Government and Community Affairs Manager Lori Low Lori Low, Government and Community Affairs Manager, Caltrain, provided the presentation. ORAL COMMUNICATIONS Councilmember Cisneros announced details of the current recruitment for various Boards and Commissions Cortney Jansen shared their concerns with the potential use of artificial turf at Lakewood Park renovation project. Angela Roche, Livable Sunnyvale Chair, provided a presentation on Affordable Housing Month and upcoming events. City Council took a recess at 7:55 p.m. and returned at 7:56 p.m. with all Councilmembers present. Rick Florin communicated their advocacy for increased attention and services to the Lakewood Village community. CONSENT CALENDAR Public Comment opened at 8:00 p.m. No speakers. Public Comment closed at 8:00 p.m. MOTION: Vice Mayor Srinivasan moved and Councilmember Melton seconded the City of Sunnyvale Page 4 City Council Meeting Minutes April 23, 2024 motion to approve agenda items 1.A through 1.J. 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.A 24-0027 Approve City Council Meeting Minutes of March 26, 2024 Approve the City Council Meeting Minutes of March 26, 2024 as submitted. 1.B 24-0407 Approve City Council Meeting Minutes of April 9, 2024 Approve the City Council Meeting Minutes of April 9, 2024 as submitted. 1.C 24-0408 Approve City Council Meeting Minutes of April 10, 2024 (Closed Session) Approve the City Council Meeting Minutes of April 10, 2024 as submitted. 1.D 24-0435 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.E 24-0571 Adopt a Resolution Amending the City's Salary Resolution, Schedule of Pay and Classification Plan to add the Classification of Senior Human Resources Analyst Adopt a Resolution amending Resolution Nos. 143-77 and 1151-22 to add the new Classification of Senior Human Resources Analyst and amend the City’s Salary Resolution and Schedule of Pay to include the Classification. 1.F 24-0380 Adopt a Resolution Amending the City's Salary Resolution Adopt a Resolution amending the City's Salary Resolution to make administrative updates for consistency with (Memorandum of Understandings) (MOU) and policy provisions, and the City’s new Enterprise Resource Planning (ERP) system. City of Sunnyvale Page 5 City Council Meeting Minutes April 23, 2024 1.G 24-0542 Approve Budget Modification No. 18 in the Amount of $360,000 for Consulting Services for Residential and Mixed-Use Projects Approve Budget Modification No. 18 in the amount of $360,000 for Consulting Services for residential and mixed-use projects. 1.H 24-0477 Receive a Report of an Emergency Repair Project for the Water Pollution Control Plant Oxidation Pond Levees Receive a report of an emergency repair project for the Water Pollution Control Plant (WPCP) Oxidation Pond Levees. The project was urgent, as it was required to ensure public health and safety and continued WPCP operations. 1.I 24-0478 Adopt a Resolution to Identify the Terms and Conditions for Mutual Aid Response to Emergency Incidents Outside of the Jurisdiction and to Rescind and Replace Resolution No. 696-15 Adopt a Resolution to identify the terms and conditions for mutual aid response to emergency incidents outside of the jurisdiction and to rescind and replace Resolution No. 696-15 subject to reimbursement provided under the California Fire Assistance Agreement (CFAA). 1.J 24-0540 Ratify Cities Association of Santa Clara County (CASCC) Appointments of Councilmember Russ Melton as Primary to the Santa Clara County Airport Land Use Commission (ALUC) and as Primary to the Santa Clara County Local Agency Formation Commission (LAFCO) and Councilmember Melton’s Appointment of Vice Mayor Murali Srinivasan as Proxy to ALUC Ratify Cities Association of Santa Clara County (CASCC) appointments of Councilmember Russ Melton as Primary to the Santa Clara County Airport Land Use Commission (ALUC) and as Primary to the Santa Clara County Local Agency Formation Commission (LAFCO) and Councilmember Melton’s appointment of Vice Mayor Murali Srinivasan as Proxy to ALUC. PUBLIC HEARINGS/GENERAL BUSINESS 2 24-0472 Discussion and Possible Action Regarding Funding for the Expansion of the Sunnyvale Heritage Museum City of Sunnyvale Page 6 City Council Meeting Minutes April 23, 2024 Finance Director Tim Kirby provided the staff report. Public Hearing opened at 8:16 p.m. Laura Babcock, Founding Director, Sunnyvale Heritage Park Museum, spoke in support for funding for the expansion of the Sunnyvale Heritage Museum and approving Alternative 2. Margaret Lawson shared their support for funding for the expansion of the Sunnyvale Heritage Museum and approving Alternative 2. Cloe Gutiérrez, Sunnyvale Historical Society Member, communicated their support for funding for the expansion of the Sunnyvale Heritage Museum and approving Alternative 2. Michael Malone voiced their support for funding the expansion of the Sunnyvale Heritage Museum. Heather Dunphy-Nielsen communicated their support for funding the expansion of the Sunnyvale Heritage Museum and approving Alternative 2. Sally Everett-Beaupre, Sunnyvale Heritage Park Museum Volunteer, spoke in support for funding the expansion of the Sunnyvale Heritage Museum. Sue-Ellen Johnson, Sunnyvale Heritage Museum Volunteer, shared their support for funding the expansion of the Sunnyvale Heritage Museum. Flo Harrison, Sunnyvale Heritage Museum Volunteer, communicated their support for funding the expansion of the Sunnyvale Heritage Museum. Mike Serrone voiced their support for funding the expansion of the Sunnyvale Heritage Museum. Peter Cirigliano communicated their advocacy for funding the expansion of the Sunnyvale Heritage Museum and approving Alternative 2. James R. VanPernis spoke in support for funding the expansion of the Sunnyvale Heritage Museum. City of Sunnyvale Page 7 City Council Meeting Minutes April 23, 2024 Tara Martin-Milius shared their support for funding the expansion of the Sunnyvale Heritage Museum and approving Alternative 2. Cortney Jansen voiced their support for funding the expansion of the Sunnyvale Heritage Museum. Public Hearing closed at 8:48 p.m. MOTION: Councilmember Mehlinger moved and Councilmember Melton seconded the motion to approve Alternate 2: Direct the City Manager to include a $1.5 Million contribution to Sunnyvale Historical Society and Museum Association (SHSMA) from the Park Dedication Fund in the Fiscal Year 2024/25 Recommended Budget and authorize the City Manager to negotiate and execute an agreement with SHSMA to partially fund the construction of the museum addition. 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 Council took a recess at 9:06 p.m. and returned at 9:17 p.m. with all Councilmembers present. 3 24-0529 Receive Real Property Transfer Tax Polling Results for Consideration of Placing a Ballot Measure on the November 2024 General Election Finance Director Tim Kirby, Assistant Finance Director Dennis Jaw, and Curt Barlow, Fairbank, Maslin, Maullin, Metz & Associates (FM3) provided the staff report and presentation. Public Hearing opened at 10:41 p.m. City of Sunnyvale Page 8 City Council Meeting Minutes April 23, 2024 Dan Kostenbauder, Vice President of Tax Policy, California Leadership Group, communicated their concerns and the California Leadership Group’s recommendations to Council regarding the proposed real property transfer tax. Eddie Truong, NAIOP Silicon Valley, shared their concerns with the proposed real property transfer tax. Shane Jacksteit, voiced their concerns with enacting a new real property transfer tax and proposed the City consider tax exemptions. Cortney Jansen communicated the need for additional City services and how a real property transfer tax could help fund those services. Josh Rupert, Hunter Partners, spoke to their concerns with enacting a real property transfer tax and how it could negatively impact businesses. Christian Pellecchia, Sunnyvale Business and Policy Committee, spoke to their concerns with a potential real property transfer tax. Marie Bernard, Executive Director, Sunnyvale Community Services, shared their support for Alternative 5 and the City exploring additional revenue sources. Member of the public shared their concerns with the real property tax polling results. Angela Rausch spoke in support of moving forward with the proposed real property transfer tax. Chuck Fraleigh voiced their support of approving Alternative 1 and moving forward with the proposed real property transfer tax ballot measure. Agnes Veith shared their support for the real property transfer tax and the City exploring additional revenue sources. Stephen Meier voiced their concerns with enacting a real property transfer tax and suggested exploring revenue sources from large corporations in Sunnyvale. Public Hearing closed at 11:07 p.m. MOTION: Councilmember Mehlinger moved and Councilmember Din seconded the City of Sunnyvale Page 9 City Council Meeting Minutes April 23, 2024 motion to approve Alternative 5 - take no action pending the results of the library poll. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Srinivasan Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 1 - Councilmember Melton City Council took a recess at 11:28 p.m. and returned at 11:34 p.m. with all Councilmembers present. Vice Mayor Srinivasan moved and Councilmember Mehlinger seconded the motion to hear agenda item 4. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Sell No: 1 - Councilmember Din 4 24-0461 Consider Hosting a 2024 Fourth of July Drone Show and Approval of Budget Modification No. 20 Library and Recreation Services Director Michelle Perera and Recreation Services Superintendent Damon Sparacino provided the staff report and presentation. Public Hearing opened at 12:07 a.m. No speakers. Public Hearing closed at 12:07 a.m. MOTION: Councilmember Mehlinger moved and Councilmember Din seconded the City of Sunnyvale Page 10 City Council Meeting Minutes April 23, 2024 motion to approve Alternative 2: Approve hosting a 2024 Fourth of July Drone Show and an appropriation from Project 829630 - Council Set Aside with Budget Modification No. 20. 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 Councilmember Din moved and Councilmember Melton seconded the motion to hear the remainder of the agenda. The motion carried with the following vote: Yes: 5 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Din Councilmember Sell No: 2 - Councilmember Cisneros Councilmember Mehlinger COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Mayor Klein reported on a recent Cities Association of Santa Clara County meeting. Vice Mayor Srinivasan announced he was appointed to the Nation League of Cities Artificial Intelligence (AI) Advisory committee. NON-AGENDA ITEMS & COMMENTS -Council MOTION TO AGENDIZE: Councilmember Melton moved and Councilmember Din seconded the motion to agendize an agenda item to consider adopting a Council City of Sunnyvale Page 11 City Council Meeting Minutes April 23, 2024 policy supporting modernization of the Levine Act. 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 Manager None. INFORMATION ONLY REPORTS/ITEMS 24-0516 Tentative Council Meeting Agenda Calendar 24-0527 Board/Commission Meeting Minutes 24-0528 Information/Action Items 24-0565 Board/Commission Resignation (Information Only) 24-0569 Mayoral Announcement of Mayor-Appointed Ad Hoc Advisory Committee on City Manager Recruitment (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 12:17 a.m. City of Sunnyvale Page 12