City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, October 29, 2019 6:00 PM Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM 6 P.M. SPECIAL COUNCIL MEETING (Study Session) 1 Call to Order in the Council Chambers 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 agenda item 3- Public Comment after agenda item 4- Study Session. 4 Study Session 19-1117 Presentation and Discussion of Election Sequencing Principles for City Council By-District Elections Marguerite Mary Leoni, Nielsen Merksamer Parrinello Gross & Leoni provided the staff report and presentation. 3 Public Comment Public comment opened at 6:47 p.m. Linda Davis commented regarding the deadlines associated with the proposed March 2020 ballot measure versus district map and associated election sequencing. City of Sunnyvale Page 1 City Council Meeting Minutes October 29, 2019 Mike Serrone voiced support for maintaining staggered Council terms. Murali Srinivasan shared support for encouraging voter participation as a primary election sequencing criterion. Diane Gleason promoted the idea of an independent commission to determine final district maps and associated sequencing. Steve Scandalis communicated support for including all districts in the November 2020 election. Martin Pyne commented regarding demographics of voters in recent elections. Public comment closed at 6:57 p.m. 5 Adjourn Special Meeting Vice Mayor Melton adjourned the meeting at 6:57 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: 7 - Mayor Larry Klein Vice Mayor Russ Melton Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Nancy Smith Councilmember Michael S. Goldman Councilmember Mason Fong SPECIAL ORDER OF THE DAY 19-0232 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. City of Sunnyvale Page 2 City Council Meeting Minutes October 29, 2019 ORAL COMMUNICATIONS James Tuleya voiced support for Reach Codes. Steve Scandalis shared concerns regarding a 6+1-member district voting system. Mark Richardson voiced concern regarding the recent vehicle collision injuring three children at the intersection of Poplar Avenue and El Camino Real and urged the City to act to improve intersection safety. Kristel Wickham communicated support for Reach Codes. Angela Quizon voiced concern regarding the recent vehicle collision and urged the City to act to improve intersection safety. Tara Martin-Milius shared details of Leadership Sunnyvale and support for Reach Codes. Mike Balma communicated support for Reach Codes. Dashiell Leeds, Conservation Assistant, Sierra Club Loma Prieta Chapter, shared support for Reach Codes. Ida Rose Sylvester, Fossil Free Buildings Campaign of Silicon Valley and Carbon Free Mountain View Board Member, voiced support for Reach Codes. Danielle Jennings, Platinum Advisors, shared details of Valley Transportation Authority (VTA) governance outreach. Rivka Scheinkman voiced concern regarding the recent vehicle collision and urged the City to act to improve intersection safety. Allaicha Marilene communicated concern regarding the recent vehicle collision and urged the City to act to improve intersection safety. Jeff Calareso shared concern regarding the recent vehicle collision and urged the City to act to improve intersection safety. Eddie Scurry voiced concern regarding the recent vehicle collision and urged the City of Sunnyvale Page 3 City Council Meeting Minutes October 29, 2019 City to act to improve intersection safety. Kalpana R. voiced concern regarding the recent vehicle collision and urged the City to act to improve intersection safety. Diane Gleeson voiced details of greenhouse gas increases and support for Reach Codes. Brian Becker shared concern regarding the recent vehicle collision and urged the City to act to improve intersection safety. Merman Ocha communicated concern regarding the recent vehicle collision and urged the City to act to improve intersection safety. Jennifer Anthony voiced concern regarding the recent vehicle collision and urged the City to act to improve intersection safety. Ernest Aguayo shared concern regarding the recent vehicle collision and urged the City to act to improve intersection safety. Kristen Manos voiced concern regarding the recent vehicle collision and urged the City to act to improve intersection safety. Kristin Farnham shared concern regarding the recent vehicle collision and urged the City to act to improve intersection safety. CONSENT CALENDAR MOTION: Vice Mayor Melton moved and Councilmember Larsson seconded the motion to approve Items 1.A through 1.G. 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 City of Sunnyvale Page 4 City Council Meeting Minutes October 29, 2019 1.A 19-0834 Approve City Council Meeting Minutes of October 8, 2019 Approve the City Council Meeting Minutes of October 8, 2019 as submitted. 1.B 19-0886 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 19-0993 Adopt a Resolution to Authorize Certain City Officials and a City Contractor Access to Sales and Use Tax Records Adopt a Resolution to authorize certain City Officials and a city contractor access to Sales and Use Tax Records. 1.D 19-1077 Adopt Resolutions Approving Amendments to the City’s Contribution for CalPERS Medical Insurance for Management, SEA, Confidential, and SEIU Employees and Annuitants (Retirees) Adopt two resolutions: (1) setting the employer’s contribution under the Public Employees’ Medical and Hospital Care Act (“PEMHCA”) for 2020; and (2) amending Salary Resolution No. 190-05 to modify the City’s contribution for medical insurance for Management, SEA, Confidential, and SEIU employees and annuitants (retirees). 1.E 19-1071 Award a Contract to Can/Am Technologies, Inc. for Software Licensing and Implementation Services for the Teller Point-of-Sale System (F20-065) Take the following actions: - Award a Software as a Service (SaaS) Agreement in substantially the same form as Attachment 1 of the report in the amount of $583,523 ($90,250 in implementation services, optional implementation services including hardware in the amount of $25,580 and $467,693 for a 10-year Teller license agreement) to Can/Am Technologies, Inc. for implementation services and SaaS cloud licensing of the Teller Point of Sale System; and - Authorize the City Manager to execute the SaaS Agreement when all conditions have been met; and - Approve a 10% contingency in the amount of $11,583. 1.F 19-1154 Award of Bid No. PW19-22 to Roofing & Solar Construction Inc. for the Roof Replacement of the Chemical Building at the City of Sunnyvale Page 5 City Council Meeting Minutes October 29, 2019 Water Pollution Control Plant Project and Finding of California Environmental Quality Act Categorical Exemption Take the following actions: - Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(d); - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $148,000 to Roofing & Solar Construction Inc.; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Approve a 10% construction contingency in the amount of $14,800. 1.G 19-1060 Approve Amendments to Council Policy 7.2.19 (Boards and Commissions) as Requested by the City Council Approve the Council Subcommittee's recommended amendments as presented in Attachment 1 to the report, that reflect the Council direction provided at the August 27, 2019 meeting. PUBLIC HEARINGS/GENERAL BUSINESS 2 19-1168 Report on Recently Discovered Demographic Dataset Errors Regarding Citizen Voting Age Population Counts in Proposed District Maps Processed by National Demographics Corporation Deputy City Manager Jaqui Guzman and Douglas Johnson, National Demographics Corporation provided the staff report. Public Hearing opened at 8:07 p.m. Martin Pyne voiced support for Alternative 1 and shared that he submitted a map alternative. Public Hearing closed at 8:08 p.m. MOTION: Vice Mayor Melton moved and Councilmember Larsson seconded the motion to direct staff continue moving forward with Maps 107A, 120A, 120C, and 121A for further consideration on November 5. The motion carried with the following vote: City of Sunnyvale Page 6 City Council Meeting Minutes October 29, 2019 Yes: 7 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks Councilmember Smith Councilmember Goldman Councilmember Fong No: 0 3 19-1133 Discussion and Possible Direction on Proposed Amendments to Charter Article VI (The Council) to be Submitted to Voters in the March 2020 Election to Implement City Council By-District Elections City Attorney John Nagel provided the staff report. Public Hearing opened at 8:44 p.m. Sean Dugar, Director of Programs and Strategy, California Common Cause shared support for an independent redistricting commission and offered to partner with the City in this effort. Linda Davis voiced support for an independent redistricting commission and leaving redistricting details out of the March 2020 charter amendment. Mike Serrone shared support for a 12-year term limit and an independent redistricting commission. Richard Mehlinger voiced support for a 12-year term limit, with no more than 2 terms in the same positon and for an independent redistricting commission. Martin Pyne shared support for an independent redistricting commission. Public Hearing closed at 8:58 p.m. MOTION: Vice Mayor Melton moved to add to Charter Section 603 b, “not withstanding the following a Councilmember elected at large in 2018 cannot run for district based election without first resigning.” Motion failed due to the lack of a second. City of Sunnyvale Page 7 City Council Meeting Minutes October 29, 2019 Council took a recess at 9:50 p.m. and reconvened at 10:02 p.m. with all Councilmembers present. MOTION: Vice Mayor Melton moved and Mayor Klein seconded the motion to include language in the ballot measure to grant Council authority to address redistricting via ordinance. The motion carried with the following vote: Yes: 4 - Mayor Klein Vice Mayor Melton Councilmember Larsson Councilmember Hendricks No: 1 - Councilmember Goldman Abstain: 2 - Councilmember Smith Councilmember Fong 4 19-0611 Public Hearing and Introduction of Ordinance Amending Chapter 16.52 of the Sunnyvale Municipal Code to Adopt by Reference the 2019 California Fire Code with Local Amendments and Related Findings and Find that the Action is Exempt from the California Environmental Quality Act Fire Marshal Lynne Kilpatrick provided the staff report. Public Hearing opened at 10:49 p.m. No speakers. Public Hearing closed at 10:49 p.m. City Clerk David Carnahan read the Ordinance title for the record. MOTION: Vice Mayor Melton moved and Councilmember Hendricks seconded the motion to approve Alternative 1: Introduce the Ordinance Amending Chapter 16.52 of the Sunnyvale Municipal Code to Adopt by Reference the 2019 California Fire Code with Local Amendments and Related Findings, and Find that the Action is Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15308, 15305, and 15061. City of Sunnyvale Page 8 City Council Meeting Minutes October 29, 2019 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 5 19-0624 Public Hearing and Introduction of Ordinance: 1) Amending Various Sections of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code to Adopt by Reference the 2019 California Building, Residential, Mechanical, Plumbing, Electrical, Building Standards Administrative, Energy, Historical Building, Existing Building, and Green Building Standards Codes, and the International Property Maintenance Code, with Local Amendments and Related Findings; 2) Adding Chapter 16.10 to Codify Safety Assessment Placards Used Following a Natural Disaster; and 3) Finding that the Action is Exempt from the California Environmental Quality Act Chief Building Official Suzanne Park provided the staff report. Public Hearing opened at 11:02 p.m. No speakers. Public Hearing closed at 11:02 p.m. City Clerk David Carnahan read the Ordinance title for the record. MOTION: Councilmember Hendricks moved and Councilmember Smith seconded the motion to approve Alternative 1: Introduce an Ordinance: 1) Amending Various Sections of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code to Adopt by Reference the 2019 California Building, Residential, Mechanical, Plumbing, Electrical, Building Standards Administrative, Energy, Historical Building, Existing Building, and Green Building Standards Codes, and the International Property Maintenance Code, with Local Amendments and Related Findings; 2) Adding Chapter 16.10 to codify Safety Assessment Placards Used Following a Natural Disaster; and 3) Finding that the Action is Exempt from the California Environmental Quality Act (Attachment 1 to the report). City of Sunnyvale Page 9 City Council Meeting Minutes October 29, 2019 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 ORAL COMMUNICATIONS Richard Mehlinger shared environmental impacts and collision dangers caused by cars. He voiced support for quick build solutions to address traffic dangers. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Larsson shared his attendance at a Cities Association of Santa Clara County meeting where the Association supported a planning collaborative instead of a Regional Housing Needs Assessment (RHNA) Subregion. He reported his attendance at a Caltrain Local Policymaker Group meeting. Highspeed Rail from San Jose to Merced was discussed at the meeting along with additional goals for Caltrain beyond fare box recovery. Councilmember Smith reported her attendance at three Silicon Valley Clean Energy meetings. The need for additional carbon free power was discussed. The Board directed staff to explore buying nuclear energy and reselling the energy to other utilities. She shared her attendance at the League of California Cities Annual Conference along with her appointment as the Women’s Caucus President. Mayor Klein shared his attendance at a Valley Water meeting. Staff shared that Valley Water maintained water service during recent Pacific Gas and Electric Public Safety Power Shutoffs. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Goldman requested the City address the recent vehicle collision at the intersection of Poplar Avenue and El Camino Real along with intersection improvements. City of Sunnyvale Page 10 City Council Meeting Minutes October 29, 2019 -City Manager City Manager Kent Steffens announced, beginning with the November 5 Council meeting, staff presentations will be posted online the day before each Council meeting. INFORMATION ONLY REPORTS/ITEMS 19-0705 Tentative Council Meeting Agenda Calendar 19-0808 Board/Commission Meeting Minutes 19-0815 Information/Action Items 19-0627 Hotel Tourism Business Improvement District Update (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 11:25 p.m. City of Sunnyvale Page 11