City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, June 25, 2019 5:00 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 5:00 PM | Special Meeting: Study Session - 6:00 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: 6 - Mayor Larry Klein Vice Mayor Russ Melton Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Nancy Smith Councilmember Mason Fong Absent: 1 - Councilmember Michael S. Goldman 3 Public Comment None. 4 Convene to Closed Session 1 19-0324 Closed Session held pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Council Compensation Subcommittee Members Glenn Hendricks, Larry Klein, Russ Melton Unrepresented employee: City Attorney City of Sunnyvale Page 1 City Council Meeting Minutes June 25, 2019 2 19-0274 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 Vice Mayor Melton adjourned the meeting at 5:58 p.m. 6 P.M. SPECIAL COUNCIL MEETING (Study Session) 1 Call to Order in the Council Chambers (Open to the Public) Vice Mayor Melton called the meeting to order at 6:03 p.m. 2 Roll Call Present: 6 - Mayor Larry Klein Vice Mayor Russ Melton Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Nancy Smith Councilmember Mason Fong Absent: 1 - Councilmember Michael S. Goldman 4 Study Session 19-0074 Success Criteria for Determining Council District Boundaries Deputy City Manager Jaqui Guzman and Marguerite Leoni, Senior Partner, Nielsen, Merksamer, Parrinello, Gross, & Leoni provided the staff report and presentation. 3 Public Comment Public Comment opened at 6:55 p.m. Serge Rudaz requested Council consider public comments when selecting election district maps. Linda Davis spoke regarding maximizing engagement potential when determining district election sequencing. City of Sunnyvale Page 2 City Council Meeting Minutes June 25, 2019 Steve Scandalis suggested 7-member district voting system district maps along with the Council directed 6+1-member district voting system district maps be included during community outreach. Martin Pyne voiced support for physical boundaries as district boundaries so long as such boundaries could be adjusted as populations shifts occur. Prakash Giri spoke in support keeping school districts within election districts. Public Comment closed at 7:01 p.m. 5 Adjourn Special Meeting Vice Mayor Melton adjourned the meeting at 7:02 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:05 p.m. SALUTE TO THE FLAG ROLL CALL Present: 6 - Mayor Larry Klein Vice Mayor Russ Melton Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Nancy Smith Councilmember Mason Fong Absent: 1 - Councilmember Michael S. Goldman CLOSED SESSION 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: Council Compensation Subcommittee Members Glenn Hendricks, Larry Klein, Russ Melton Unrepresented employee: City Attorney; 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 City of Sunnyvale Page 3 City Council Meeting Minutes June 25, 2019 Human Resources; Kent Steffens, City Manager Employee organization: Sunnyvale Managers Association (SMA) and Sunnyvale Employees Association (SEA); nothing to report. ORAL COMMUNICATIONS Elizabeth DeOrnellas spoke in support of Unite Summit and shared concerns regarding the termination of three Summit Denali teachers. Keith Brown shared support of unionizing Summit Public Schools teachers through Unite Summit. He reported a Change.org petition challenging the termination of three teachers had been started. Delia Ayala announced an upcoming “Rapid Response” training being held by Sunnyvale Community Services to help monitor and document Immigration and Customs Enforcement (ICE) operations. Eloisa Herrera provided additional details regarding the Rapid Response training. Rhoda Fry reported various pollution statistics relating to the Lehigh Hanson cement plant. Eugene Johnson, Treasurer, Anderson Place Homeowners Association questioned the high cost of a recent invoice for water service the Association received. Maria Pan requested a response from Council regarding whether her attendance for the remainder of the meeting was necessary. CONSENT CALENDAR MOTION: Vice Mayor Melton moved and Councilmember Larsson seconded the motion to approve Items 1.A through 1.K. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks Councilmember Smith Councilmember Fong No: 0 City of Sunnyvale Page 4 City Council Meeting Minutes June 25, 2019 Absent: 1 - Councilmember Goldman 1.A 19-0240 Approve City Council Meeting Minutes of June 18, 2019 Approve the City Council Meeting Minutes of June 18, 2019 as submitted. 1.B 19-0335 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.C 19-0545 Award of Contract to Synagro-WWT, Inc. for Bio-solid Disposal and Digester Cleaning (F18-274) Take the following actions: - Award a contract in substantially the same form as Attachment 1 to the report in the amount of $12,500,000 to Synagro WWT, Inc.; - Authorize the City Manager to execute the contract when all necessary conditions have been met; - Authorize the City Manager to renew the Agreement for two (2) additional one year periods, not to exceed budgeted amounts; and - Make a determination that the proposal received from Denali Water Solutions, LLC is non responsive and reject the bid. 1.D 19-0552 Award a Contract to Kimley Horn for Design Services for Mary at Evelyn Caltrain Grade Crossing and Traffic Signal Improvements (F19-132) Take the following actions: - Award a contract in substantially the same form as Attachment 1 to the report in the amount of $97,594 to Kimley Horn and Associates, Inc.; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Approve a 10% contingency in the amount of $9,759. 1.E 19-0558 Modify a Purchase Order with Priority 1 Public Safety Equipment for Installation of Accessories on Public Safety Vehicles (F19-190) Authorize the City Manager to amend the existing purchase order with Priority 1 Public Safety Equipment for installation services by increasing the not to exceed amount by $30,000 for a new total not to exceed amount of $125,000 City of Sunnyvale Page 5 City Council Meeting Minutes June 25, 2019 1.F 19-0579 Authorize the Issuance of a Blanket Purchase Order to Polydyne, Inc. for Polyacrylamide Polymer (F19-097) Take the following actions: - Authorize the issuance of a three year blanket purchase order to Polydyne, Inc. for the purchase of polyacrylamide polymer in the amount not to exceed $2,250,000, in substantially the same form as Attachment 2 to the report and reject the bid of Marubeni Specialty Chemicals Inc. as non responsive; and - Authorize the City Manager authority to modify the purchase order amount within budgeted funding. 1.G 19-0654 Approve and Authorize the City Manager to Execute an Amended and Restated Agreement Between the City of Sunnyvale and the Friends of the Sunnyvale Public Library. Approve and authorize the City Manager to execute and Amended and Restated Agreement Between the City of Sunnyvale and the Friends of the Sunnyvale Public Library as modified. 1.H 19-0667 Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan Category C (Public Safety Officers Association) and Pay Plan Category M (Public Safety Managers Association) Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase Salaries for Pay Plan Category C (Public Safety Officers Association) and Pay Plan Category M (Public Safety Managers Association). 1.I 19-0653 Adopt a Resolution Finding that the NOVAworks Foundation Supports a Public Purpose and Authorizing the City Manager to Execute a Cooperation and Administration Agreement for NOVAworks Foundation to be a City-Supporting Organization Adopt a resolution finding that the NOVAworks Foundation supports a public purpose and authorizing the City Manager to execute a Cooperation and Administration Agreement for NOVAworks Foundation to be a city supporting organization. 1.J 19-0391 Approve Budget Modification No. 27 to Appropriate $22,242.50 of Friends of the Sunnyvale Public Library Grant Funds for Purchase of a Charger Dispensing Kiosk. Approve Budget Modification No. 27 to appropriate Friends of the Sunnyvale Public City of Sunnyvale Page 6 City Council Meeting Minutes June 25, 2019 Library grant funds in the amount of $22,242.50 to a new project, Library Charger Kiosk. 1.K 19-0696 Ratify Councilmember Hendricks’ Re-appointment to the Measure A (2016 Housing Bond) Independent Citizens Oversight (ICO) Committee as the Cities Association of Santa Clara County (CASCC) Representative Ratifiy Councilmember Hendricks' re-appointment to the ICO Committee as the CASCC Representative. ADJOURN TO SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY CALL TO ORDER Authority Chair Klein called the Sunnyvale Financing Authority Meeting to order at 7:23 p.m. Authority Chair Klein stated, pursuant to Government Code Section 54952.3, the members of the City Council and the Sunnyvale Financing Authority will receive no additional compensation, other than their City councilmember salary, for sitting as a board member of the Sunnyvale Financing Authority. ROLL CALL Present: 6 Authority Chair / Mayor Larry Klein Authority Vice Chair / Vice Mayor Russ Melton Authority Member / Councilmember Gustav Larsson Authority Member / Councilmember Glenn Hendricks Authority Member / Councilmember Nancy Smith Authority Member / Councilmember Mason Fong Absent: 1 Authority Member / Councilmember Michael S. Goldman CONSENT CALENDAR MOTION: Authority Vice Chair Melton moved and Authority Member Larsson seconded the motion to approve Item 2.A. City of Sunnyvale Page 7 City Council Meeting Minutes June 25, 2019 The motion carried by the following vote: Yes: 6 Authority Chair Klein Authority Vice Chair Melton Authority Member Larsson Authority Member Hendricks Authority Member Smith Authority Member Fong No: 0 Absent: 1 Authority Member / Councilmember Goldman 2.A 19-0609 Approve Joint City Council and Sunnyvale Financing Authority Meeting Minutes of June 11, 2019 PUBLIC HEARINGS/GENERAL BUSINESS 3 19-0358 City Council Adoption of the FY 2019/20 Budget, Fee Schedule, and Appropriations Limit and Sunnyvale Financing Authority Adoption of the FY 2019/20 Budget Finance Director Tim Kirby provided the staff report. Public Hearing opened at 7:27 p.m. No speakers. Public Hearing closed at 7:27 p.m. Sunnyvale Financing Authority: MOTION: Authority Vice Chair Melton moved and Authority Member Hendricks seconded to the motion approve Alternative 2: Adopt the FY 2019/20 Budget Resolution (Sunnyvale Financing Authority) presented as Attachment 4 to the report. The motion carried by the following vote: Yes: 6 City of Sunnyvale Page 8 City Council Meeting Minutes June 25, 2019 Authority Chair Klein Authority Vice Chair Melton Authority Member Larsson Authority Member Hendricks Authority Member Smith Authority Member Mson Fong No: 0 Absent: 1 Authority Member Goldman City Council: MOTION: Vice Mayor Melton moved and Councilmember Hendricks seconded the motion to approve Alternative 1: Adopt the resolutions presented as Attachment 1 (including Exhibit A), Attachment 2 (including Exhibits A through D), and Attachment 3 (including Exhibit A) to the report that provide for the adoption of the FY 2019/20 Fee Schedule, Budget, and Appropriations Limit. The motion carried by the following vote: Yes: 6 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks Councilmember Smith Councilmember Fong No: 0 Absent: 1 - Councilmember Goldman ADJOURN SPECIAL MEETING Authority Chair Klein adjourned the Sunnyvale Financing Authority meeting at 7:31 p.m. RECONVENE TO CITY COUNCIL MEETING Mayor Klein reconvened the City Council meeting at 7:31 p.m. City of Sunnyvale Page 9 City Council Meeting Minutes June 25, 2019 PUBLIC HEARINGS/GENERAL BUSINESS 4 19-0595 Review and Approve Neighborhood Grant Recommendations from the Community Event and Neighborhood Grant Distribution Subcommittee Councilmember Fong presented the Community Event and Neighborhood Grant Distribution Subcommittee presentation. Public Hearing opened at 7:34 p.m. No speakers. Public Hearing closed at 7:34 p.m. MOTION: Vice Mayor Melton moved and Councilmember Larsson seconded the motion to Approve the Council Subcommittee recommendations for the FY 2019/20 Neighborhood Grants funding as detailed in the draft minutes of the May 14, 2019 Subcommittee meeting (Attachment 2) and Funding Worksheet (Attachment 3). The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks Councilmember Smith Councilmember Fong No: 0 Absent: 1 - Councilmember Goldman 5 19-0596 Review and Approve Community Events Grant Recommendations from the Community Event and Neighborhood Grant Distribution Subcommittee Councilmember Fong presented the Community Event and Neighborhood Grant Distribution Subcommittee presentation. Public Hearing opened at 7:38 p.m. No speakers. Public Hearing closed at 7:38 p.m. City of Sunnyvale Page 10 City Council Meeting Minutes June 25, 2019 MOTION: Vice Mayor Melton moved and Councilmember Smith seconded the motion to Approve the Council Subcommittee recommendations for the FY 2019/20 Community Event Grants funding as detailed in the draft minutes of the May 14, 2019 Subcommittee meeting (Attachment 2) and Funding Worksheet (Attachment 3). The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks Councilmember Smith Councilmember Fong No: 0 Absent: 1 - Councilmember Goldman 6 19-0319 FY 2019/20 General Fund Human Services Grant Funding Allocations Community Development Department Director Trudi Ryan presented the staff report. Public Hearing opened at 7:42 p.m. Michele Schroeder, Senior Adults Legal Assistance (SALA) shared support for grant funding for SALA. Jordan Dancer, Next Door Solutions to Domestic Violence voiced appreciation for City funding for Next Door Solutions. Wanda Hail, Catholic Charities of Santa Clara County highlighted the services Catholic Charities of Santa Clara County provides through the Long-Term Care Ombudsman Program. Public Hearing closed at 7:48 p.m. MOTION: Councilmember Hendricks moved and Councilmember Smith seconded the motion to Approve Alternative 1: Approve a total of $135,000 in General Funds for the 10 human services grants listed in Attachment 1 of the report under "Staff City of Sunnyvale Page 11 City Council Meeting Minutes June 25, 2019 Recommendation." The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks Councilmember Smith Councilmember Fong No: 0 Absent: 1 - Councilmember Goldman 7 19-0327 Adopt a Resolution to Approve the Final Engineer’s Report, Confirm the Assessment, and Levy and Collect an Annual Assessment for The Downtown Parking Maintenance District for Fiscal Year 2019/20 Public Works Director Chip Taylor presented the staff report and presentation. Public Hearing opened at 7:50 p.m. No speakers. Public Hearing closed at 7:50 p.m. MOTION: Councilmember Smith moved and Councilmember Hendricks seconded the motion to Approve Alternative 1: Adopt the resolution to approve the final Engineer's report, to confirm the assessment, and levy and collect an annual assessment for the Downtown Parking Maintenance District for FY 2019/20. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks Councilmember Smith Councilmember Fong No: 0 Absent: 1 - Councilmember Goldman City of Sunnyvale Page 12 City Council Meeting Minutes June 25, 2019 8 19-0376 Proposed Utility Rate Increases for FY 2019/20 Rates for Water, Wastewater, and Solid Waste Utilities for Services Provided to Customers Within and Outside City Boundaries; Finding of CEQA Exemption Pursuant to Public Resource Code Section 21080(b)(8) and CEQA Guidelines Section 15273 Finance Director Tim Kirby presented the staff report and presentation. Public Hearing opened at 8:09 p.m. No speakers. Public Hearing closed at 8:09 p.m. MOTION: Councilmember Hendricks moved and Vice Mayor Melton seconded the motion to Approve Alternatives 1 and 2: 1) Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and CEQA Guidelines Section 15273 because it approves rates and charges for the purposes of (1) meeting operating expenses, including employee wage rates and fringe benefits; (2) purchasing or leasing supplies, equipment or materials; (3) meeting financial reserve needs and requirements; and (4) obtaining funds for capital projects necessary to maintain current service levels; and 2) Adopt a resolution making no change to water, increasing wastewater, and decreasing solid waste rates for FY 2019/20. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks Councilmember Smith Councilmember Fong No: 0 Absent: 1 - Councilmember Goldman 9 19-0551 Adopt a Resolution to Cause Charges for Non-Payment of Delinquent Utility Charges to be placed on the FY 2019/20 County of Santa Clara Property Tax Roll Finance Director Tim Kirby presented the staff report. City of Sunnyvale Page 13 City Council Meeting Minutes June 25, 2019 Public Hearing opened at 8:18 p.m. Angela Shen raised concerns regarding a property included in the Delinquent Utilities Charges list attached to the staff report. Public Hearing closed at 8:21 p.m. MOTION: Vice Mayor Melton moved and Councilmember Hendricks seconded the motion to Approve Alternative 1: Adopt a Resolution to Cause Charges for Non Payment of Delinquent Utility Charges to be placed on the FY 2019/20 County of Santa Clara Property Tax Roll, incorporating the updated property list (Exhibit A to the Resolution) provided at the meeting. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks Councilmember Smith Councilmember Fong No: 0 Absent: 1 - Councilmember Goldman 10 19-0625 First Amendment to Agreement between the City of Sunnyvale and Google to Reimburse the City for the Planning, Development and Engineering Services Related to Google and City Transportation Projects for four additional years Public Works Director Chip Taylor presented the staff report. Public Hearing opened at 8:25 p.m. No speakers. Public Hearing closed at 8:25 p.m. MOTION: Councilmember Hendricks moved and Councilmember Larsson seconded the motion to Approve Authorize the City Manager to Execute the First Amendment to the Agreement between the City of Sunnyvale and Google to Reimburse the City for the Planning, Development and Engineering Services Related to Google and City Transportation Projects for four additional years. City of Sunnyvale Page 14 City Council Meeting Minutes June 25, 2019 The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks Councilmember Smith Councilmember Fong No: 0 Absent: 1 - Councilmember Goldman COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS None. NON-AGENDA ITEMS & COMMENTS -Council None. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 19-0114 Information/Action Items 19-0652 Study Session Summary of March 26, 2019 - Climate Action Plan 2.0 19-0148 Tentative Council Meeting Agenda Calendar ADJOURNMENT Mayor Klein adjourned the meeting at 8:27 p.m. City of Sunnyvale Page 15