City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, December 10, 2024 4:00 PM Online and Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 4 PM | Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM | Joint Meeting of City Council and Sunnyvale Financing Authority - 7 PM Public Participation and Access 4 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Vice Mayor Srinivasan called the meeting to order at 4:00 p.m. Roll Call Present: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell Public Comment Public Comment opened at 4:02 p.m. No speakers. Public Comment closed at 4:02 p.m. Convene to Closed Session Council convened to Closed Session in the Council Conference Room at 4:02 p.m. A 24-0713 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Pursuant to Government Code Section 54954.5: Significant Exposure to Litigation Under Government Code Section 54956.9(d)(2): Receipt of a written communication from a potential plaintiff threatening litigation related to a City of Sunnyvale Page 1 City Council Meeting Minutes December 10, 2024 proposed project at 1250 Oakmead Parkway B 24-0789 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: Public Safety Officers Association (PSOA) Adjourn Special Meeting Vice Mayor Srinivasan adjourned the meeting at 5:46 p.m. 6 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Vice Mayor Srinivasan called the meeting to order at 6:00 p.m. Roll Call Present: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell Study Session C 24-0879 Council Update/Feedback on Customer Relationship Management (CRM) Requirements and Community Outreach Chief Information Officer Kathleen Boutté Foster-Gee and David Ledbetter, Engagement Manager, Berry Dunn; Evan Agnello, Project Manager, Berry Dunn; Maddi Powers Spencer, Engagement Specialist, Berry Dunn, provided the staff report and presentation. Public Comment opened at 6:50 p.m. No speakers. Public Comment closed at 6:50 p.m. City of Sunnyvale Page 2 City Council Meeting Minutes December 10, 2024 Adjourn Special Meeting Vice Mayor Srinivasan adjourned the meeting at 6:58 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:00 p.m. SALUTE TO THE FLAG Mayor Klein led the salute to the United States flag. ROLL CALL Present: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell CLOSED SESSION REPORT Vice Mayor Srinivasan reported that Council met in CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Pursuant to Government Code Section 54954.5: Significant Exposure to Litigation Under Government Code Section 54956.9(d)(2): Receipt of a written communication from a potential plaintiff threatening litigation related to a proposed project at 1250 Oakmead Parkway; nothing to report. Vice Mayor Srinivasan reported that Council met in 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: Public Safety Officers Association (PSOA); nothing to report. SPECIAL ORDER OF THE DAY D 24-0046 Ceremonial Oath of Office for Charter Review Committee Members City of Sunnyvale Page 3 City Council Meeting Minutes December 10, 2024 City Clerk David Carnahan administered the Oath of Office to appointed Charter Review Committee Members. ORAL COMMUNICATIONS Jason Feinsmith Tasman spoke to their concerns with closing the bike lanes on Tasman Road and the removal of trees. Elena Feinsmith shared their concerns with closing the bike lanes on Tasman Road and the removal of trees. Uday provided a presentation of their concerns with the proposed housing development on Charles Street. Siva H. continued the presentation. Steve voiced their concerns with the proposed housing development on Charles Street and the need for traffic calming. CONSENT CALENDAR Public Comment opened at 7:26 p.m. Jaria Jung requested agenda item 1.Q be pulled from the Consent Calendar Member of the public requested agenda item 1.S be pulled from the Consent Calendar (incorrectly interpreted as agenda item 1.F by staff). Public Comment closed at 7:27 p.m. MOTION: Vice Mayor Srinivasan moved and Councilmember Melton seconded the motion to approve agenda items 1.A through 1.E, 1.G through 1.P, 1.R and 1.S. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger City of Sunnyvale Page 4 City Council Meeting Minutes December 10, 2024 Councilmember Sell No: 0 MOTION TO RECONSIDER: Councilmember Mehlinger moved and Councilmember Din seconded the motion to reconsider agenda item 1.S. 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 24-0771 Approve City Council Meeting Minutes of November 12, 2024 Approve the City Council Meeting Minutes of November 12, 2024 as submitted. 1.B 24-0927 Approve City Council Meeting Minutes of November 13, 2024 (Charter Review Committee Interviews) Approve the City Council Meeting Minutes of November 13, 2024 as submitted. 1.C 24-0454 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 24-1220 Approval of Side Letter Agreement between the City of Sunnyvale and the Sunnyvale Public Safety Officers Association (PSOA) Approve the Side Letter Agreement between the City of Sunnyvale and Public Safety Officers’ Association (PSOA) amending the PSOA Memorandum of Understanding Retitling Education Premium to Master Police Officer Special Assignment Pay. 1.E 24-1221 Adopt a Resolution Amending the City's Salary Resolution and City of Sunnyvale Page 5 City Council Meeting Minutes December 10, 2024 Schedule of Pay to (1) Update Pay Rates for Casual/Temporary Classifications to Reflect the January 1, 2025 Sunnyvale Minimum Wage of $19.00 per hour, (2) Increase the Councilmember and Mayor Stipend Amounts Pursuant to City Charter Section 605, and (3) Move the 3.5% Lead Worker/Supervisor Premium Pay for Attorneys into Base Salary Adopt a Resolution Amending the City's Salary Resolution and Schedule of Pay to (1) Update Pay Rates for Casual/Temporary Classifications to Reflect the January 1, 2025 Sunnyvale Minimum Wage of $19.00 per hour, (2) Increase the Councilmember and Mayor Stipend Amounts Pursuant to City Charter Section 605, and (3) Move the 3.5% Lead Worker/Supervisor Premium Pay for Attorneys into Base Salary. 1.F 24-1064 Receive and File the FY 2023/24 Annual Status Report on Receipt and Use of Development Impact Fees and Adopt a Resolution Approving Findings Regarding Unspent Impact Fees and Find that the Action is Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15378(b)(4) of the CEQA Guidelines Public Hearing opened at 7:29 p.m. No speakers. Public Hearing closed at 7:29 p.m. MOTION: Councilmember Din moved and Councilmember Mehlinger seconded the motion to receive and file the FY 2023/24 Annual Status Report on receipt and use of development impact fees and adopt a Resolution making findings regarding unspent impact fees as required by the Mitigation Fee Act (California Government Code Section 66000 et seq.) and find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(4) of the CEQA Guidelines. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din City of Sunnyvale Page 6 City Council Meeting Minutes December 10, 2024 Councilmember Mehlinger Councilmember Sell No: 0 1.G 24-0244 Receive and File the City of Sunnyvale Investment Report - Third Quarter 2024 Receive and file the City of Sunnyvale Investment Report - Third Quarter 2024. 1.H 24-0947 Authorize the Issuance of a One (1) Year Blanket Purchase Agreement to Stommel, Inc., dba Lehr, in the Amount of $440,000 for Accessory Removal and Installation Services for the City’s Patrol and Fire Vehicles (F25-113) Take the following actions: - Authorize the issuance of a purchase agreement to Stommel, Inc., dba Lehr, in the amount of $440,000 for removal and installation services of accessories on the city’s patrol and fire vehicles; - Authorize the City Manager to execute the Blanket Purchase Agreement when all necessary conditions have been met; and - Authorize the City Manager to increase the amount of the agreement if pricing remains acceptable to the City. 1.I 24-1063 Authorize an Extension of a Banking Services Agreement with US Bank Take the following actions: - Authorize the City Manager to extend the existing contract with Union Bank by three years, from January 1, 2025, through December 31, 2027; and - Authorize the City Manager to renew the contract for up to two additional years if service and fees remain favorable to the City. 1.J 24-1138 Authorize the Issuance of a Purchase Order to Precision Concrete Cutting in the Amount of $385,000 for Sidewalk Assessment and Concrete Grinding Services (F25-124) Take the following actions: - Authorize the issuance of a purchase order to Precision Concrete Cutting in an amount of $385,000 for sidewalk assessment and concrete grinding services; - Authorize the City Manager to execute the purchase order when all necessary conditions have been met; and - Authorize the City Manager to increase the purchase order subject to available budget and if pricing and service remain acceptable to the City. City of Sunnyvale Page 7 City Council Meeting Minutes December 10, 2024 1.K 24-1152 Authorize the Issuance of a Purchase Agreement to Valley Oil Company in the Amount of $875,000 for Unleaded and Diesel Fuel (F25-139) Take the following actions: - Authorize the issuance of a purchase agreement to Valley Oil Company in an amount of $875,000 for unleaded and diesel fuel; - Authorize the City Manager to execute the purchase agreement when all necessary conditions have been met; and - Authorize the City Manager to increase the purchase agreement amount as needed for gasoline purchases through January 2026, subject to available budget and if pricing and service remain acceptable to the City. 1.L 24-1048 Authorize the Issuance of a Five-Year Purchase Agreement in the Amount of $542,747.49 to Axon Enterprise, Inc., for In-car Hardware, Software, Delivery, and Installation of Upgraded Mobile Automated License Plate Recognition System from Axon Fleet 2 to Fleet 3 for the Department of Public Safety (F25-091) Take the following actions: - Approve the Issuance of a five-year Purchase Agreement in substantially the same form as Attachment 2 to the report and in an amount of $542,747.49 to Axon Enterprise, Inc.; and - Authorize the City Manager to execute the Purchase Agreement when all necessary conditions have been met. 1.M 24-1135 Amend an Existing Contract with Keenan & Associates for Workers’ Compensation Claims Administration Services to Extend the Term by ix Months and Increase the Not-To-Exceed Contract Amount to $2,959,634.28 (F25-112) Authorize the City Manager to reinstate the existing contract with Keenan & Associates, and execute a Fifth Amendment, in substantially the same form as Attachment 1 to the report, extending the contract term by six months and increasing the not-to-exceed amount by $243,028.28 for new total not-to-exceed contract amount of $2,959,634.28. 1.N 24-0925 Award of Contract to Brodart Co. in the Amount of $420,000 for Library Print Materials and Shelf-Ready Services (F24-086) Take the following actions: City of Sunnyvale Page 8 City Council Meeting Minutes December 10, 2024 - Award a contract to Brodart Co. of Williamsport, PA in the amount of $420,000.00, for the Opening Day Collection (ODC) at Lakewood Branch Library and Learning Center; - Authorize the City Manager to execute the contract when all the necessary conditions have been met; and - Authorize the City Manager to modify and renew the contract for up to five additional one-year periods, not-to-exceed budgeted amounts, for ongoing collection development services. 1.O 24-1211 Approve Updates to Council Policy 7.2.19 (Boards and Commissions) to Allow Board/Commission Members to Respond to Requests to Meet with Members of the Public Approve updates to Council Policy 7.2.19 (Boards and Commissions) to allow Board/Commission Members to respond to requests to meet with members of the public received by the respective Board/Commission AnswerPoint. 1.P 24-1160 Adopt a Resolution Authorizing the Application for and Receipt of Prohousing Incentive Program Funds Adopt a Resolution Authorizing the Application for and Receipt of Prohousing Incentive Program Funds. 1.Q 24-1200 Adopt a Resolution of the City Council of the City of Sunnyvale Declaring Support for Efforts to Provide Universal Child Care Public Hearing opened at 7:34 p.m. Jaria Jaug, Associate Director of Care Policy, Working Partnerships USA, spoke in support of the resolution supporting universal childcare. Public Hearing closed at 7:36 p.m. MOTION: Vice Mayor Srinivasan moved and Councilmember Din seconded the motion to adopt a Resolution Declaring Support of Efforts to Provide Universal Child Care. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton City of Sunnyvale Page 9 City Council Meeting Minutes December 10, 2024 Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 1.R 24-1129 Adopt a Resolution to Update the Citywide Records Retention and Destruction Schedule Adopt a Resolution to update the Citywide Records Retention and Destruction Schedule. 1.S 24-1219 Certification of the November 5, 2024 Election Results for Ballot Measure E (Sunnyvale Main Library Measure) and Ballot Measure F (Charter Amendments) Public Hearing opened at 7:33 p.m. Member of the public provided comments on Ballot Measure F regarding Charter Amendments. Public Hearing closed at 7:33 p.m. MOTION: Councilmember Din moved and Councilmember Melton seconded the motion to adopt a Resolution Declaring the Canvas of Returns for the Consolidated Regular Municipal Election held November 5, 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 Study Session 2 24-0048 Discussion of Upcoming Selection of Vice Mayor City of Sunnyvale Page 10 City Council Meeting Minutes December 10, 2024 City Clerk David Carnahan provided the staff report. Councilmember Sell expressed interest in becoming the Vice Mayor for 2025. Public Comment opened at 7:41 p.m. Stephen Meier shared their support for Councilmember Sell as being selected as Vice Mayor. Public Comment closed at 7:42 p.m. PUBLIC HEARINGS/GENERAL BUSINESS City Council took a recess at 7:43 p.m. and returned at 7:49 p.m. with all City Councilmembers present. 3 24-0198 Amend Street Outreach and Essential Homeless Services Contract to add an Inclement Weather Hotel Pilot Program (Study Issue OCM 22-02: Investigate Potential Locations, Funding, and Outreach for Overnight Warming Centers in the City of Sunnyvale During Inclement Weather) and Approve Budget Modification No. 11 in the Amount of $73,185 Homeless Services Manager Amanda Sztoltz provided the staff report and presentation. Public Hearing opened at 8:19 p.m. Chuck Fraleigh spoke in support for the Inclement Weather Hotel Pilot Program. Yuriana Valencia, Community Leader, Sunnyvale Community Services, shared their support for the Inclement Weather Hotel Pilot Program. Claudia Camacho, Community Leader, Sunnyvale Community Services, voiced their support for the Inclement Weather Hotel Pilot Program. Julian Medina, Community Leader, Sunnyvale Community Services, communicated their support for Inclement Weather Hotel Pilot Program. City of Sunnyvale Page 11 City Council Meeting Minutes December 10, 2024 Felix Zhu, Community Leader, Sunnyvale Community Services, spoke in support for the Inclement Weather Hotel Pilot Program. Pedro Valencia, Community Leader, Sunnyvale Community Services, shared their support for the Inclement Weather Hotel Pilot Program. Ade Moreno, Community Leader, Sunnyvale Community Services, voiced their support for the Inclement Weather Hotel Pilot Program. Mahia Rodriguez communicated their support for the Inclement Weather Hotel Pilot Program. Mike Serrone, Livable Sunnyvale, spoke in support for the Inclement Weather Hotel Pilot Program. Jennifer Smith shared their support for the Inclement Weather Hotel Pilot Program. Nicholas Zume voiced their support for the Inclement Weather Hotel Pilot Program. Jerry communicated their support for the Inclement Weather Hotel Pilot Program. Rose Gregorio spoke in support for the Inclement Weather Hotel Pilot Program. Shaunn shared their support for the Inclement Weather Hotel Pilot Program. Marie Bernard, Director, Sunnyvale Community Services, voiced their support for the Inclement Weather Hotel Pilot Program. Liz Steward communicated their support for the Inclement Weather Hotel Pilot Program. Rita Welsh, Livable Sunnyvale, spoke in support for the Inclement Weather Hotel Pilot Program. Public Hearing closed at 8:58 p.m. MOTION: Councilmember Cisneros moved and Councilmember Sell seconded the motion to approve Alternative 1: Approve an Inclement Weather Hotel Pilot Program and related amendment to the WeHOPE contract; Approve Budget Modification No. City of Sunnyvale Page 12 City Council Meeting Minutes December 10, 2024 11 in the amount of $73,185; and authorize the City Manager to approve up to two additional years if the pilot is successful and funding is available. 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 9:19 p.m. and returned at 9:25 p.m. with all Councilmembers present. 4 24-0050 Approve a Conceptual Design for the Fire Station 2 - New Construction Project and Find the Action is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines section 15262 Senior Engineer Marlon Quiambao provided the staff report and presentation. Public Hearing opened at 10:13 p.m. Steve Scandalis inquired about incorporating a microgrid into the construction design. Public Hearing closed at 10:14 p.m. MOTION: Councilmember Melton moved and Councilmember Mehlinger seconded the motion to approve Alternative 1: Approve the Recommended Conceptual Design for the Fire Station 2 - New Construction Project as shown on Attachment 3 of the report and authorize staff to proceed with detailed design and preparation of bid documents. The motion carried with the following vote: City of Sunnyvale Page 13 City Council Meeting Minutes December 10, 2024 Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 ADJOURNMENT TO JOINT MEETING WITH THE SUNNYVALE FINANCING AUTHORITY 7 P.M. (OR SOON THEREAFTER) JOINT MEETING OF 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 10:20 p.m. Roll Call Present : 7 - Authority Chair/Mayor Klein Authority Vice Chair/Vice Mayor Srinivasan Authority Member/Councilmember Melton Authority Member/Councilmember Cisneros Authority Member/Councilmember Din Authority Member/Councilmember Mehlinger Authority Member/Councilmember Sell Oral Communications None. Consent Calendar Public Comment opened at 10:23 p.m. No speakers. Public Comment closed at 10:23 p.m. MOTION: Authority Member Mehlinger moved and Authority Member Sell seconded the motion to approve agenda item 5.A. The motion carried with the following vote: City of Sunnyvale Page 14 City Council Meeting Minutes December 10, 2024 Yes: 7 - Authority Chair Klein Authority Vice Chair Srinivasan Authority Member Melton Authority Member Cisneros Authority Member Din Authority Member Mehlinger Authority Member Sell No: 0 5.A 24-1185 Approve Sunnyvale Financing Authority Meeting Minutes of June 18, 2024 Approve the Sunnyvale Financing Authority Meeting Minutes of June 18, 2024 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS 6 24-0253 Receive and File the FY 2023/24 Budgetary Year-End Financial Report, Annual Comprehensive Financial Report (ACFR), the Sunnyvale Financing Authority Financial Report, Agreed Upon Procedure Reports, and the Report to the City Council Issued by the Independent Auditors, and Approve Budget Modification No. 12 Interim Finance Director Dennis Jaw and Grace Zheng, Partner, Maze and Associates, provided the staff report and presentation. Public Hearing opened at 10:58 p.m. No speakers. Public Hearing closed at 10:58 p.m. City Council MOTION: Councilmember Melton moved and Councilmember Sell seconded the motion to approve Alternative 1. Receive and File the FY 2023/24 Budgetary Year-End Financial Report, Annual Comprehensive Financial Report (ACFR), the Sunnyvale Financing Authority Financial Report, Agreed Upon Procedure Reports, and the Report to the City Council Issued by the Independent Auditors, and Approve Budget Modification No. 12 in the Amount of $6,525,613. The motion carried with the following vote: City of Sunnyvale Page 15 City Council Meeting Minutes December 10, 2024 Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 Sunnyvale Financing Authority MOTION: Authority Member Melton moved and Authority Vice Chair Srinivasan seconded the motion to approve Alternative 3. Receive and File the FY 2022/23 Sunnyvale Financing Authority Financial Report. The motion carried with the following vote: Yes: 7 - Authority Chair Klein Authority Vice Chair Srinivasan Authority Member Melton Authority Member Cisneros Authority Member Din Authority Member Mehlinger Authority Member Sell No: 0 ADJOURN JOINT CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY MEETING Authority Chair/Mayor Klein adjourned the meeting at 11:07 p.m. RECONVENE TO CITY COUNCIL MEETING Mayor Klein reconvened the City Council meeting at 11:07 p.m. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS None. NON-AGENDA ITEMS & COMMENTS -Council City of Sunnyvale Page 16 City Council Meeting Minutes December 10, 2024 Councilmember Mehlinger sponsored a study issue to study expanding the role of the Heritage Preservation Commission. Mayor Klein, Vice Mayor Srinivasan , and Councilmembers Melton, Cisneros, Din and Sell co-sponsored the study issue. Mayor Klein shared their appreciation to Councilmembers and City Staff for a productive year. -City Manager City Manager Tim Kirby shared their appreciation to Councilmembers and City Staff for a productive year. INFORMATION ONLY REPORTS/ITEMS 24-1038 Tentative Council Meeting Agenda Calendar 24-1084 Board/Commission Meeting Minutes 24-1169 Information/Action Items 24-0052 Update on Approaches to Replace the Reach Code Gas Ban and Meet the Climate Action Playbook Gameplan 2028, Move 2.N (Information Only) 24-1202 Board/Commission Resignation (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 11:16 p.m. City of Sunnyvale Page 17