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City Council

Regular Meeting

Sunnyvale, CA · June 18, 2019

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes City Council Tuesday, June 18, 2019 5:00 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 5 PM | Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM 5 P.M. SPECIAL COUNCIL MEETING (Closed Session) Vice Mayor Melton announced the items for Closed Session and invited any members of the public to make public comments before the meeting. 1 Call to Order in the West Conference Room Vice Mayor Melton called the meeting to order at 5:00 p.m. 2 Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Russ Melton Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Nancy Smith Councilmember Michael S. Goldman Councilmember Mason Fong 3 Public Comment None. 4 Convene to Closed Session 19-0666 CONFERENCE WITH LEGAL COUNSEL-SETTLEMENT OF WORKER’S COMPENSATION CLAIMS Closed Session held pursuant to California Government Code Section 54956.95(b): Name of Case: Holliday, Jason v. City of Sunnyvale (WCAB Case No. ADJ11930828) 19-0273 Closed Session held pursuant to California Government Code Section 54957.6: City of Sunnyvale Page 1 City Council Meeting Minutes June 18, 2019 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Tina Murphy, Director of Human Resources; Kent Steffens, City Manager Employee organization: Sunnyvale Managers Association (SMA) and Sunnyvale Employees Association (SEA) 5 Adjourn Special Meeting Vice Mayor Melton adjourned the meeting at 5:25 p.m. 6 P.M. SPECIAL COUNCIL MEETING (Study Session) 1 Call to Order in the West Conference Room (Open to the Public) Vice Mayor Melton called the meeting to order at 6:00 p.m. 2 Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Russ Melton Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Nancy Smith Councilmember Michael S. Goldman Councilmember Mason Fong Vice Mayor Melton announced Council will hear Item 3- Public Comment after Item 4 – Study Session. 4 Study Session 19-0424 6 P.M. SPECIAL COUNCIL MEETING (Study Session) Master Plan for Public Art - Preliminary Findings and Recommendations Superintendent of Community Services Damon Sparacino provided the staff report and presentation. 3 Public Comment Public Comment opened at 6:42 p.m. The following individuals addressed the Council: City of Sunnyvale Page 2 City Council Meeting Minutes June 18, 2019 Misuk Park Sue Serrone Richard Mehlinger Mike Serrone Jérémie Gluckman Public Comment closed at 6:53 5 Adjourn Special Meeting Vice Mayor Melton adjourned the meeting at 6:55 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:02 p.m. SALUTE TO THE FLAG ROLL CALL Present: 7 - Mayor Larry Klein Vice Mayor Russ Melton Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Nancy Smith Councilmember Michael S. Goldman Councilmember Mason Fong CLOSED SESSION REPORT Vice Mayor Melton reported the Council met in Closed Session held pursuant to California Government Code Section 54956.95(b): CONFERENCE WITH LEGAL COUNSEL SETTLEMENT OF WORKER’S COMPENSATION CLAIMS Name of Case: Holliday, Jason v. City of Sunnyvale (WCAB Case No. ADJ11930828); nothing to report. Vice Mayor Melton reported the 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; Kent Steffens, City Manager Employee organization: Sunnyvale Managers Association (SMA) and Sunnyvale Employees Association (SEA); nothing to report. City of Sunnyvale Page 3 City Council Meeting Minutes June 18, 2019 SPECIAL ORDER OF THE DAY 19-0075 SPECIAL ORDER OF THE DAY - Ceremonial Oath of Office for Board and Commission Members City Clerk David Carnahan administered the Oath of Office to incoming Board and Commission Members. ORAL COMMUNICATIONS Maria Hamilton commented regarding the importance of project applicants and City of Sunnyvale following City policies. Jan Peterson requested the City address a non-functional traffic signal on Polk Avenue. Bill Hawks reiterated concerns regarding the safety issues caused by the non-functional traffic signal on Polk Avenue. CONSENT CALENDAR MOTION: Vice Mayor Melton moved and Councilmember Smith seconded the motion to approve Items 1.A through 1.E. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks Councilmember Smith Councilmember Goldman Councilmember Fong No: 0 1.A 19-0603 Approve City Council Meeting Minutes of June 11, 2019 Approve the City Council Meeting Minutes of June 11, 2019 as submitted. 1.B 19-0334 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. City of Sunnyvale Page 4 City Council Meeting Minutes June 18, 2019 1.C 19-0572 Award of Contract to TJKM Transportation Consultants for Sunnyvale Traffic Signal Improvements Upgrades Project Re-Bid(F19-092) Take the following actions: - Award a contract in substantially the same form as Attachment 1 to the report in the amount of $467,145 to TJKM and authorize the City Manager to execute the contract when all necessary conditions have been met. - Approve a 10% contingency in the amount of $46,715. 1.D 19-0573 Award of Three On-Call Contracts for Surveying Support Services (F19-097) Take the following actions: - Award three (3) three year on call surveying support services contracts in substantially the same form as Attachment 1 to the report to: Giulani & Kull San Jose, Inc., Siegfried, and Wilsey Ham, in the amount of $135,000 each. - Authorize the City Manager to execute the contracts when all necessary conditions have been met. - Delegate authority to the City Manager to extend each contract for up to two additional years based upon available funding, need, pricing, and service. - Delegate authority to the City Manager to modify each contract based upon available funding. 1.E 19-0522 Modify a Purchase Order with Corix Water Products US Inc. for Piping Supplies for Water and Sewer Services (F19-182) Take the following action: - Authorize the City Manager to amend the not to exceed amount of the existing purchase order with Corix Water Products US Inc. for piping supplies, to increase the not to exceed amount by $20,478 for a new contract amount of $380,478. PUBLIC HEARINGS/GENERAL BUSINESS 2 19-0362 Summary of California Voting Rights Act Phase 1 Community Input, Direction on Number of City Council Districts for a March 2020 Ballot Measure to Amend the City Charter to Implement City Council By-District Elections, and Summary of Phase 2 Next Steps. City of Sunnyvale Page 5 City Council Meeting Minutes June 18, 2019 Deputy City Manager Jaqui Guzman provided the staff report and presentation. Public Hearing opened at 8:17 p.m. Tim Kerr shared his support of a 7-member district voting system with a council elected mayor. Holly Lofgren voiced a preference for a 7-member district voting system. She noted that taxpayer funds would be at stake if a lawsuit prevailed against the City. Rose-Marie Twu encouraged the City to consider voting options beyond the 7-member district voting system and the 6+1-member district voting system, including a “4+3” district voting system. Galen Davis supposed that district based elections are not likely to result in the balkanization some had suggested was a product of district based elections. Serge Rudaz encouraged Council delay suggesting a voting system until residents were provided access to Maptitude software to view and draft potential district maps. Linda Davis conveyed her support for a “4+3” district voting system and advised she shared a draft community outreach report with Council. John Howe shared his support for a 6+1-member district voting system with a directly elected mayor. Steve Scandalis voiced his support of a 7-member district voting system. He stated concerns regarding the influence of campaign contributions on a directly elected mayor. Jonathan Stein, Asian Law Caucus advised that race of communities of interested can be considered when moving towards California Voting Rights Act compliance. Dave Jones voiced support of a 7-member district voting system with a council elected mayor. Mike Serrone urged the City review the impact of various district voting systems on minority distribution within districts. City of Sunnyvale Page 6 City Council Meeting Minutes June 18, 2019 Misuk Park highlighted the importance of communication with the public. Richard Mehlinger promoted the creation of an independent districting commission and a 6+1-member district voting system with a directly elected mayor. Jannette Brambila shared concerns regarding minority representation under a “4+3” district voting system. Evelyn Rocha shared support for a 7-member district voting system or a 6+1-member district voting system. Steve Chessin, President, Californians for Electoral Reform proposed a transition to district-based elections by ordinance instead of through a charter amendment election. Prakash Giri shared his support for a 7-member district voting system with a council selected mayor. Martin Pyne suggested Council provide direction regarding district map evaluation criteria during the current agenda item. Public Hearing closed at 9:03 p.m. MOTION: Councilmember Hendricks moved and Councilmember Larsson seconded the motion to direct staff to prepare a ballot measure amending the Charter to change the electoral system from seven at-large numbered seats to six district seats and an at-large, directly elected mayor and engage in a public process for district-map drawing to determine the boundaries for six city council districts. The motion carried with the following vote: Yes: 5 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks Councilmember Fong No: 2 - Councilmember Smith Councilmember Goldman City of Sunnyvale Page 7 City Council Meeting Minutes June 18, 2019 The Council recessed at 9:52 p.m. and reconvened at 9:58 p.m. with all Councilmembers present. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Hendricks shared the release of a Santa Clara County Civil Grand Jury Reported titled, Inquiry into Governance of the Valley Transportation Authority. The report requests the City of Sunnyvale respond to a portion of the findings. Councilmember Smith reported her attendance at League of California Cities Policy Committee meetings. Mayor Klein shared his attendance at a meeting with State Assemblymember David Chiu. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Hendricks noted that several City Staff spoke with individuals following Oral Communications comments pertaining to a non-functional traffic signal on Polk Avenue. Councilmember Smith shared the granting of certain rate negotiation authority by Silicon Valley Clean Energy to the organization's Chief Executive Officer (CEO). Mayor Klein reminded Council of the upcoming board and commission recognition reception. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 19-0605 Information/Action Items 19-0606 Board/Commission Meeting Minutes 19-0604 Tentative Council Meeting Agenda Calendar City of Sunnyvale Page 8 City Council Meeting Minutes June 18, 2019 ADJOURNMENT Mayor Klein adjourned the meeting at 10:07 p.m. City of Sunnyvale Page 9

Agenda

City of Sunnyvale Notice and Agenda City Council Tuesday, June 18, 2019 5:00 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 5 PM | Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM 5 P.M. SPECIAL COUNCIL MEETING (Closed Session) 1 Call to Order in the West Conference Room 2 Roll Call 3 Public Comment The public may provide comments regarding the Closed Session item(s) just prior to the Council beginning the Closed Session. Closed Sessions are not open to the public. 4 Convene to Closed Session 19-0666 CONFERENCE WITH LEGAL COUNSEL-SETTLEMENT OF WORKER’S COMPENSATION CLAIMS Closed Session held pursuant to California Government Code Section 54956.95(b): Name of Case: Holliday, Jason v. City of Sunnyvale (WCAB Case No. ADJ11930828) 19-0273 Closed Session held pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Tina Murphy, Director of Human Resources; Kent Steffens, City Manager Employee organization: Sunnyvale Managers Association (SMA) and Sunnyvale Employees Association (SEA) 5 Adjourn Special Meeting 6 P.M. SPECIAL COUNCIL MEETING (Study Session) City of Sunnyvale Page 1 Printed on 6/13/2019 City Council Notice and Agenda June 18, 2019 1 Call to Order in the West Conference Room (Open to the Public) 2 Roll Call 3 Public Comment 4 Study Session 19-0424 6 P.M. SPECIAL COUNCIL MEETING (Study Session) Master Plan for Public Art - Preliminary Findings and Recommendations 5 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 (Open to the Public) SALUTE TO THE FLAG ROLL CALL CLOSED SESSION REPORT SPECIAL ORDER OF THE DAY 19-0075 SPECIAL ORDER OF THE DAY - Ceremonial Oath of Office for Board and Commission Members 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 City of Sunnyvale Page 2 Printed on 6/13/2019 City Council Notice and Agenda June 18, 2019 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 complete a speaker card and give it to the City Clerk. 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 submit a speaker card to the City Clerk prior to the start of the meeting or before approval of the consent calendar. 1.A 19-0603 Approve City Council Meeting Minutes of June 11, 2019 Recommendation: Approve the City Council Meeting Minutes of June 11, 2019 as submitted. 1.B 19-0334 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.C 19-0572 Award of Contract to TJKM Transportation Consultants for Sunnyvale Traffic Signal Improvements Upgrades Project Re-Bid(F19-092) Recommendation: Take the following actions: - Award a contract in substantially the same form as Attachment 1 to the report in the amount of $467,145 to TJKM Transportation Consultants. - Authorize the City Manager to execute the contract when all necessary conditions have been met. - Approve a 10% contingency in the amount of $46,715. 1.D 19-0573 Award of Three On-Call Contracts for Surveying Support Services (F19-097) City of Sunnyvale Page 3 Printed on 6/13/2019 City Council Notice and Agenda June 18, 2019 Recommendation: Take the following actions: - Award three (3) three-year on-call surveying support services contracts in substantially the same form as Attachment 1 to the report to: Giulani & Kull - San Jose, Inc., Siegfried, and Wilsey Ham, in a not to exceed amount of $135,000 each. - Authorize the City Manager to execute the contracts when all necessary conditions have been met. - Authorize the City Manager to increase each contract up to budgeted amount. - Authorize the City Manager to renew each contract for up to two additional one-year periods based upon available funding, need, pricing, and service. - Authorize the City Manager to modify each contract's compensation schedule subject to negotiated pricing. 1.E 19-0522 Modify a Purchase Order with Corix Water Products US Inc. for Piping Supplies for Water and Sewer Services (F19-182) Recommendation: Take the following action: - Authorize the City Manager to amend the existing purchase order with Corix Water Products US Inc. for piping supplies, to increase the not-to-exceed amount by $20,478 for a new not-to-exceed amount of $380,477.92 PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearing/general business item, please fill out a speaker card and give it to the City Clerk. You will be recognized at the time the item is being considered by Council. 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 19-0362 Summary of California Voting Rights Act Phase 1 Community Input, Direction on Number of City Council Districts for a March 2020 Ballot Measure to Amend the City Charter to Implement City Council By-District Elections, and Summary of Phase 2 Next Steps. Recommendation: Staff makes no recommendation. City of Sunnyvale Page 4 Printed on 6/13/2019 City Council Notice and Agenda June 18, 2019 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS NON-AGENDA ITEMS & COMMENTS -Council -City Manager INFORMATION ONLY REPORTS/ITEMS 19-0605 Information/Action Items 19-0606 Board/Commission Meeting Minutes 19-0604 Tentative Council Meeting Agenda Calendar Visit http://sunnyvaleca.granicus.com/ViewPublisher.php?view_id=6 to view the Tentative Council Meeting Agenda Calendar (TCMAC) online. The TCMAC is updated each Thursday afternoon. 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 Sunnyvale Public Library, 665 W. Olive Ave. as of Fridays 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 at 603 All America Way, Sunnyvale, California during normal business hours and in the Council Chamber 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 City of Sunnyvale Page 5 Printed on 6/13/2019 City Council Notice and Agenda June 18, 2019 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. Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the Office of the City Clerk at (408) 730-7483. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.160 (b) (1)) 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 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 City Clerk (located to the left of the Council dais). 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 6 Printed on 6/13/2019

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