City Council
Regular MeetingSunnyvale, CA · June 29, 2021
Minutes
City of Sunnyvale
Meeting Minutes
City Council
Tuesday, June 29, 2021 7:00 PM Telepresence Meeting: City Web Stream |
AT&T Channel 99 | Comcast Channel 15
Regular Meeting - 7 PM
7 P.M. COUNCIL MEETING
CALL TO ORDER
Pursuant to Section 3 of Executive Order N-29-20 (March 17, 2020) and Section 42
of Executive Order N-08-21 (June 11, 2021), issued by Governor Newsom, the
meeting was conducted telephonically.
Mayor Klein called the meeting to order at 7:00 p.m. via teleconference.
ROLL CALL
Present: 7 - Mayor Larry Klein
Vice Mayor Glenn Hendricks
Councilmember Gustav Larsson
Councilmember Russ Melton
Councilmember Mason Fong
Councilmember Alysa Cisneros
Councilmember Omar Din
Mayor Klein, Vice Mayor Hendricks and all Councilmembers attended via
teleconference.
Mayor Klein announced that Councilmember Cisneros may encounter some voice
difficulties during the meeting. Should she lose her voice, she will email questions
and comments to the City Clerk. The City Clerk will read the questions and
comments for the record. For random order voice votes, Councilmember Cisneros
will visually communicate her vote and the City Clerk will state her vote for the
record.
SPECIAL ORDER OF THE DAY
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A 21-0352 Parks and Recreation Month
Mayor Klein read a proclamation in honor of Parks and Recreation Month.
ORAL COMMUNICATIONS
Councilmember Melton announced details of the current recruitment for various
boards and commissions. He also announced that COVID-19 vaccination availability
at the Sunnyvale vaccination center has ceased due to low demand. He shared
details of COVID-19 vaccination availability via El Camino Health and Santa Clara
County.
A member of the public voiced concerns with the temporary service disruption of
Valley Transportation Authority light rail.
CONSENT CALENDAR
MOTION: Vice Mayor Hendricks moved and Councilmember Larsson seconded the
motion to approve agenda items 1.A through 1.K.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
1.A 21-0556 Approve City Council Meeting Minutes of June 8, 2021
Approve the City Council Meeting Minutes of June 8, 2021 as submitted.
1.B 21-0405 Approve City Council Meeting Minutes of June 15, 2021
Approve the City Council Meeting Minutes of June 15, 2021 as submitted.
1.C 21-0500 Approve City Council Meeting Minutes of June 17, 2021
(Redistricting Commission Interviews)
Approve the City Council Meeting Minutes of June 17, 2021 as submitted.
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1.D 21-0252 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 21-0579 Receive and File the City of Sunnyvale Investment Report -
First Quarter 2021
Receive and file the City of Sunnyvale - First Quarter 2021 Investment Report.
1.F 21-0555 Adopt a Resolution Amending the City’s Salary Resolution and
Schedule of Pay to Increase Salaries for Pay Plan Category C
(Public Safety Officers’ Association) and Pay Plan Category M
(Public Safety Managers’ Association) Effective July 11, 2021
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) effective July 11,
2021.
1.G 21-0310 Award a Contract to Innovative Interfaces, Inc. for
Maintenance, Support and Hosting of Integrated Library
System (ILS) Software and Add-on Modules (F21-055)
Take the following actions:
- Award a four-year contract to Innovative Interfaces, Inc. for maintenance and
support of Integrated Library System (ILS) Software in a not-to-exceed contract
amount of $476,625.27;
- Authorize the City Manager to execute the contract when all necessary conditions
have been met; and
- Authorize the City Manager to amend this contract to procure additional modules
and services and to renew the contract for up to an additional five (5) years, subject
to available budget and if pricing and services remain acceptable to the City.
1.H 21-0559 Award a Contract to Axon Enterprise, Inc. for a Body-Worn
Camera Solution and Tasers for the Department of Public
Safety (F21-139)
Take the following actions:
- Award a five-year contract to Axon Enterprise, Inc. for a body-worn camera (BWC)
solution, including software, unlimited digital evidence storage, and conducted
electrical weapons (CEWs) in a not-to-exceed contract amount of $1,730,115;
- Authorize the City Manager to execute the contract when all necessary conditions
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have been met; and
- Authorize the City Manager to amend the contract, subject to available budget and
if pricing and services remain acceptable to the City for up to an additional five
years.
1.I 21-0536 Modify a Purchase Agreement with Yamaha Motor Finance
Corp USA for Electric Golf Cart Lease for the Sunnyvale and
Sunken Gardens Golf Courses (F21-0158)
Authorize the City Manager to amend the existing purchase agreement with Yamaha
Motor Finance Corp USA in substantially the same form as Attachment 1 to the
report, for lease of electric golf carts, extending the term of the contract until
December 31, 2021 or until the carts are returned and increasing the not-to-exceed
contract amount by $43,812.40 for a new not-to-exceed total lease contract amount
of $342,619.22.
1.J 21-0679 Approve Budget Modification No. 28 in the amount of
$1,868,408 for Emergency Pipeline Repair Work
Approve Budget Modification No. 28 in the amount of $1,868,408 for emergency
pipeline repair work.
1.K 21-0563 Approve the Implementation of the Community Rating System
2021 Multi-Jurisdictional Program for Public Information
Related to the National Flood Insurance Program
Take the following actions:
- Review the 2021 Santa Clara County Multi-Jurisdictional Program for Public
Information; and
- Approve the implementation of the Program for Public Information 5-Year Plan to
be part of the City's participation in the Community Rating System (CRS) that
provides premium discounts for policies in the National Flood Insurance Program.
PUBLIC HEARINGS/GENERAL BUSINESS
2 21-0090 Proposed Utility Rate Increases for FY 2021/22 Rates for
Water, Wastewater, and Solid Waste Utilities for Services
Provided to Customers Within and Outside City Boundaries;
Finding of California Environmental Quality Act (CEQA)
Exemption Pursuant to Public Resource Code Section
21080(b)(8) and CEQA Guidelines Section 15273
Utility Billing Manager Stephen Napier provided the staff report and presentation.
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Councilmember Fong stated his employment status with the City of San Jose
creates an economic conflict of interest, recused himself, and left the teleconference
meeting at 7:28 p.m.
Public Hearing opened at 7:29 p.m.
Michael Flores shared concerns with the rate increase for water and solid waste.
Diane Bracken voiced concerns with the rate increase for water, wastewater and
solid waste.
Public Hearing closed at 7:36 p.m.
MOTION: Vice Mayor Hendricks moved and Councilmember Cisneros 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 increasing water rates by 1.5%, wastewater rates by 4%, and
solid waste rates by 4% for FY 2021/22.
The motion carried with the following vote:
Yes: 6 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Cisneros
Councilmember Din
No: 0
Recused: 1 - Councilmember Fong
3 21-0684 Introduce an Ordinance Amending Chapter 19.67 (Below
Market Rate Ownership Housing) of the Sunnyvale Municipal
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Code to Modify the Inclusionary Housing Program
Councilmember Fong returned at 7:46 p.m.
Housing Officer Jenny Carloni provided the staff report and presentation.
Public Hearing opened at 8:14 p.m.
Diane Bracken shared support for affordable housing and concerns with the current
method of billing of utilities.
Michael Flores spoke towards subsidy programs and shared concerns with hidden
costs.
Mike Serrone voiced support for the ownership housing program.
Public Hearing closed at 8:22 p.m.
MOTION: Vice Mayor Hendricks moved and Councilmember Melton seconded the
motion to approve Alternative 1: Introduce an Ordinance to amend Chapter 19.67
("Below Market Rate Ownership Housing") of Title 19 ("Zoning") of the Sunnyvale
Municipal Code to modify Inclusionary Below Market Rate Ownership Housing
requirements (Attachment 3 to the report).
City Clerk David Carnahan read the Ordinance title for the record.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
4 21-0082 Request to Authorize City Manager to Execute: (1) The 2021
New Memorandum of Understanding (MOU) Between Cities of
Sunnyvale and Mountain View for SMaRT Station® Services
and (2) Amendment to 1992 MOU Among Sunnyvale,
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Mountain View and Palo Alto Clarifying That MOU Term Ends
December 31, 2021, and Find That These Actions are Within
the Scope of the 1990 Environmental Impact Report (EIR) and
Subsequent Addenda
Solid Waste Division Manager David Krueger provided the staff report and
presentation.
Public Hearing opened at 8:52 p.m.
Michael Flores inquired about the City of Palo Alto’s decision to leave the
partnership, which company will be processing their municipal solid waste and at
what cost.
Public Hearing closed at 8:53 p.m.
MOTION: Councilmember Din moved and Councilmember Larsson seconded the
motion to approve Alternatives 1, 2 and 3:
1. Authorize the City Manager to execute the new Memorandum of Understanding
among the cities of Mountain View and Sunnyvale relating to the operation of a
materials recovery and transfer station in substantially the same form as Attachment
1 to the report;
2. Authorize the City Manager to execute the amendment to the second
Memorandum of Understanding Among the cities of Mountain View, Palo Alto and
Sunnyvale relating to the construction and operation of a materials recovery and
transfer station and the long term disposal of municipal solid waste at Kirby Canyon
in substantially the same form as Attachment 2 to the report; and
3. Find that these actions are within the scope of the 1990 Environmental Impact
Report and subsequent addenda and that no further environmental review is
required under California Environmental Quality Act Guidelines Section 15162.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
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No: 0
5 21-0616 Adopt a Resolution Approving the 2020 Urban Water
Management Plan (UWMP) and Adopt a Resolution Approving
the Water Shortage Contingency Plan to be Included in the
UWMP and Find That These Actions are Exempt From the
California Environmental Quality Act (CEQA)
Water and Sewer Systems Division Manager Mansour Nasser provided the staff
report and presentation.
Public Hearing opened at 9:27 p.m.
Michael Flores spoke towards informing the public about the possible uses for
graywater. He voiced support for the installing multiple meters for multi-family homes
as opposed to one meter.
Public Hearing closed at 9:29 p.m.
MOTION: Vice Mayor Hendricks moved and Councilmember Din seconded the
motion to approve Alternative 1: Adopt two Resolutions approving the 2020 Urban
Water Management Plan and the Water Shortage Contingency Plan as presented,
and direct staff to forward the plans to the California State Department of Water
Resources, and find that these actions are exempt from California Environmental
Quality Act.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
6 21-0420 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
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for Fiscal Year 2021/22
Public Works Director Chip Taylor provided the staff report.
Public Hearing opened at 9:34 p.m.
No speakers.
Public Hearing closed at 9:34 p.m.
Councilmember Cisneros visually communicated her vote and the City Clerk stated
her vote for the record.
MOTION: Vice Mayor Hendricks moved and Councilmember Melton seconded the
motion to approve Alternative 1: Adopt a 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 Fiscal Year 2021/22.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
7 21-0696 Adoption of Emergency Ordinance of the City of Sunnyvale to
Temporarily Suspend Evictions for Nonpayment of Rent by
Residential Tenants Impacted by the COVID-19 Emergency
Effective From July 1, 2021 Through September 30, 2021
Community Development Director Trudi Ryan provided the staff report.
Public Hearing opened at 9:39 p.m.
Michael Flores shared opposition to the proposed ordinance.
Public Hearing closed at 9:40 p.m.
Councilmember Cisneros visually communicated her vote and the City Clerk stated
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her vote for the record.
MOTION: Councilmember Melton moved and Vice Mayor Hendricks seconded the
motion to approve Alternative 2: Do not adopt an Ordinance.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
8 21-0496 Introduce an Ordinance to Amend Certain Sections of Chapter
12.12 of the Sunnyvale Municipal Code (Sewer Use
Regulations) and Find That the Action is Categorically Exempt
From the California Environmental Quality Act (CEQA)
Pursuant to Section 15308 of the CEQA Guidelines
Regulatory Programs Division Manager Melody Tovar provided the staff report.
Public Hearing opened at 9:47 p.m.
No speakers.
Public Hearing closed at 9:47 p.m.
Councilmember Cisneros visually communicated her vote and the City Clerk stated
her vote for the record.
MOTION: Councilmember Melton moved and Vice Mayor Hendricks seconded the
motion to approve Alternative 1: Introduce an Ordinance to amend Section
12.12.120 (Local Limits for Wastewater) of Chapter 12.12 (Sewer Use Regulations)
of Title 12 (Water and Sewers) of the Sunnyvale Municipal Code, and find that this
action is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15308.
City Clerk David Carnahan read the Ordinance title for the record.
The motion carried with the following vote:
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Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
9 21-0343 Appoint Applicants to the Redistricting Commission
City Manager Kent Steffens provided the staff report.
Public Hearing opened at 10:10 p.m.
Richard Mehlinger shared support for the proposed selection processes presented
by Councilmembers.
Martin Pyne spoke towards the option for a motion to reconsider should the need
arise.
Michael Flores voiced support for the proposed by-district selection process.
Public Hearing closed at 10:12 p.m.
Councilmember Cisneros visually communicated her votes and the City Clerk stated
her votes for the record.
MOTION: Councilmember Melton moved and Councilmember Din seconded to
appoint candidates by Council District in the following order: District 2, 5, 3, 6, 4
then 1. From each District, vote on all applicants to see how many votes of support
each candidate receives.
The motion carried with the following vote:
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Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
City Clerk David Carnahan conducted random order roll call votes, tallied the votes
and reported the results as follows:
District 2
Gregory McNutt
Vote: 6-0-1 (Abstention by Vice Mayor Hendricks)
District 5
Karen Brenchley
Vote: 7-0-0
District 3
Calvin Cornwell
Vote: 3-0-4 (Abstentions by Councilmembers Melton, Fong, Cisneros and Din)
Galen Kim Davis
Vote: 7-0-1 (Abstention by Vice Mayor Hendricks)
Ken Olevson
Vote: 4-0-3 (Abstentions by Councilmembers Fong, Cisneros and Din)
District 6
Frances Stanley-Jones
Vote: 3-0-4 (Abstentions by Mayor Klein and Councilmembers Fong, Cisneros and
Din)
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Gail Rubino
Vote: 5-0-2 (Abstentions by Vice Mayor Hendricks and Councilmember Melton)
Pauline Brown
Vote: 4-0-3 (Abstentions by Councilmembers Fong, Cisneros and Din)
District 4
Henry Alexander III
Vote: 3-0-4 (Abstentions by Vice Mayor Hendricks and Councilmembers Fong,
Cisneros and Din)
Jessie Salas
Vote: 4-0-3 (Abstentions by Mayor Klein, Vice Mayor Hendricks and Councilmember
Melton)
Linda Ralleca
Vote: 3-0-4 (Abstentions by Councilmembers Melton, Fong, Cisneros and Din)
Lucas Cantin
Vote: 0-0-7 (Abstentions by all Councilmembers)
Rita Chiang
Vote: 3-0-4 (Abstentions by Vice Mayor Hendricks and Councilmembers Fong,
Cisneros and Din)
District 1
Alan Herrmann
Vote: 2-0-5 (Abstentions by Mayor Klein, Vice Mayor Hendricks and
Councilmembers Fong, Cisneros and Din)
Charles Shoemaker
Vote: 4-0-3 (Abstentions by Councilmembers Fong, Cisneros and Din)
Christina Dinwoodie
Vote: 3-0-4 (Abstentions by Vice Mayor Hendricks and Councilmembers Fong,
Cisneros and Din)
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Maryam Chenna
Vote: 0-0-7 (Abstentions by all Councilmembers)
Nicole Hakimi
Vote: 0-0-7 (Abstentions by all Councilmembers)
Pam Anderson
Vote: 4-0-3 (Abstentions by Councilmembers Fong, Cisneros and Din)
Sandy Agbayani
Vote: 6-0-1 (Abstention by Vice Mayor Hendricks)
Scott Duncan
Vote: 4-0-3 (Abstentions by Councilmembers Fong, Cisneros and Din)
MOTION: Councilmember Melton moved and Councilmember Fong seconded the
motion to appoint Sandy Agbayani, Gregory McNutt, Galen Kim Davis, Jessie Salas,
Karen Brenchley and Gail Rubino to the Redistricting Commission to serve as
primary commissioners.
The motion carried with the following vote:
Yes: 6 - Mayor Klein
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 1 - Vice Mayor Hendricks
MOTION: Councilmember Melton moved and Councilmember Larsson seconded
the motion to appoint Scott Duncan to the Redistricting Commission to serve as a
primary commissioner.
FRIENDLY AMENDMENT: Vice Mayor Hendricks offered a friendly amendment to
appoint Pauline Brown to the Redistricting Commission to serve as a primary
commissioner. Councilmembers Melton and Larsson accepted the friendly
amendment.
The amended motion carried with the following vote:
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Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
MOTION: Vice Mayor Hendricks moved and Councilmember Melton seconded the
motion to appoint Scott Duncan to the Redistricting Commission to serve as an
alternate commissioner.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
MOTION: Councilmember Melton moved and Councilmember Larsson seconded
the motion to appoint Ken Olevson to the Redistricting Commission to serve as an
alternate commissioner.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
MOTION: Councilmember Fong moved and Councilmember Melton seconded the
motion to appoint Pam Anderson to the Redistricting Commission to serve as an
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alternate commissioner.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
MOTION: Vice Mayor Hendricks moved and Councilmember Melton seconded the
motion to appoint Frances Stanley-Jones to the Redistricting Commission to serve
as an alternate commissioner.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
MOTION: Councilmember Melton moved and Mayor Klein seconded the motion to
appoint Henry Alexander III to the Redistricting Commission to serve as an alternate
commissioner.
FRIENDLY AMENDMENT: Councilmember Fong offered a friendly amendment to
appoint Henry Alexander III and Rita Chiang to the Redistricting Commission to
serve as alternate commissioners. Councilmember Melton and Mayor Klein
accepted the friendly amendment.
The amended motion carried with the following vote:
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Yes: 5 - Mayor Klein
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
Abstain: 2 - Vice Mayor Hendricks
Councilmember Larsson
Councilmember Cisneros visually communicated her vote and the City Clerk stated
her vote for the record.
MOTION: Councilmember Melton moved and Vice Mayor Hendricks seconded the
motion to hear agenda Item 10-Provide Direction Regarding Amending the
Employment Agreement…
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
10 21-0554 Provide Direction Regarding Amending the Employment
Agreement Between the City of Sunnyvale and City Attorney
John A. Nagel to Increase the City Attorney Salary and Allow
Additional Paid Time Off Cashout
City Attorney John Nagel left the teleconference meeting during consideration of this
item.
Human Resources Director Tina Murphy provided the staff report.
Public Hearing opened at 11:47 p.m.
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No speakers.
Public Hearing closed at 11:47 p.m.
Councilmember Cisneros visually communicated her votes and the City Clerk stated
her votes for the record.
MOTION: Councilmember Melton moved and Councilmember Larsson seconded
the motion to approve Alternative 1: Authorize the Mayor to execute an amendment
to the Employment Agreement between the City of Sunnyvale and City Attorney
John A. Nagel in substantially the same form attached to increase City Attorney
compensation by 4.5% and allow a one-time additional cash out of 100 hours from
the existing paid time off balance, effective July 11, 2021.
The motion carried with the following vote:
Yes: 7 - Mayor Klein
Vice Mayor Hendricks
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 0
Councilmember Cisneros visually communicated her vote and the City Clerk stated
her vote for the record.
MOTION: Councilmember Melton moved and Councilmember Fong seconded the
motion to hear the remainder of the agenda items.
The motion carried with the following vote:
Yes: 6 - Mayor Klein
Councilmember Larsson
Councilmember Melton
Councilmember Fong
Councilmember Cisneros
Councilmember Din
No: 1 - Vice Mayor Hendricks
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COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
None.
NON-AGENDA ITEMS & COMMENTS
-Council
None.
-City Manager
City Manager Kent Steffens announced that a long-term work from home
administrative policy has been finalized. Staff currently working from home will
transition into their new schedules during the last week of July and first week of
August. City Hall is tentatively scheduled to open to walk-in customers on August 2.
INFORMATION ONLY REPORTS/ITEMS
21-0593 Tentative Council Meeting Agenda Calendar
21-0656 Board/Commission Meeting Minutes
21-0662 Information/Action Items
21-0664 Board/Commission Resignation (Information Only)
ADJOURNMENT
Mayor Klein adjourned the meeting at 11:58 p.m.
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Agenda
City of Sunnyvale
Notice and Agenda
City Council
Tuesday, June 29, 2021 7:00 PM Telepresence Meeting: City Web Stream |
AT&T Channel 99 | Comcast Channel 15
Regular Meeting - 7 PM
Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540
Because of the COVID-19 emergency and the “shelter in place” orders issued by
Santa Clara County and the State of California, this meeting of the Sunnyvale City
Council will take place by teleconference, as allowed by Governor Gavin
Newsom’s Executive Orders N-29-20 and N-08-21.
• Watch the City Council meeting on television over Comcast Channel 15,
AT&T Channel 99, at http://youtube.com/SunnyvaleMeetings or
https://sunnyvaleca.legistar.com/calendar.aspx
• Submit written comments to the City Council up to 4 hours prior to the meeting to
council@sunnyvale.ca.gov or by mail to City Clerk, 603 All America Way,
Sunnyvale, CA 94086.
• Teleconference participation: You may provide audio public comment by
connecting to the teleconference meeting online or by telephone. Use the Raise
Hand feature to request to speak (*9 on a telephone):
Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540
Meeting call-in telephone number: 833-548-0276 | Meeting ID: 961 1158 0540
Pursuant to the Americans with Disabilities Act (ADA) and Executive Order
N-29-20, if you need special assistance to provide public comment, contact the
City at least 2 hours prior to the meeting in order for the City to make reasonable
alternative arrangements for you to communicate your comments. For other
special assistance; please contact the City at least 48 hours prior to the meeting to
enable the City to make reasonable arrangements to ensure accessibility to this
meeting. The Office of the City Clerk may be reached at (408) 730-7483 or
cityclerk@sunnyvale.ca.gov (28 CFR 35.160 (b) (1)).
City of Sunnyvale Page 1 Printed on 6/24/2021
City Council Notice and Agenda June 29, 2021
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 via teleconference.
ROLL CALL
SPECIAL ORDER OF THE DAY
A 21-0352 Parks and Recreation Month
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
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 refer to the notice at the beginning of this agenda. 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 refer to the notice at the beginning of this agenda.
1.A 21-0556 Approve City Council Meeting Minutes of June 8, 2021
Recommendation: Approve the City Council Meeting Minutes of June 8, 2021 as
submitted.
1.B 21-0405 Approve City Council Meeting Minutes of June 15, 2021
City of Sunnyvale Page 2 Printed on 6/24/2021
City Council Notice and Agenda June 29, 2021
Recommendation: Approve the City Council Meeting Minutes of June 15, 2021 as
submitted.
1.C 21-0500 Approve City Council Meeting Minutes of June 17, 2021
(Redistricting Commission Interviews)
Recommendation: Approve the City Council Meeting Minutes of June 17, 2021 as
submitted.
1.D 21-0252 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.E 21-0579 Receive and File the City of Sunnyvale Investment Report -
First Quarter 2021
Recommendation: Receive and file the City of Sunnyvale - First Quarter 2021
Investment Report.
1.F 21-0555 Adopt a Resolution Amending the City’s Salary Resolution and
Schedule of Pay to Increase Salaries for Pay Plan Category C
(Public Safety Officers’ Association) and Pay Plan Category M
(Public Safety Managers’ Association) Effective July 11, 2021
Recommendation: 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) Effective
July 11, 2021.
1.G 21-0310 Award a Contract to Innovative Interfaces, Inc. for
Maintenance, Support and Hosting of Integrated Library
System (ILS) Software and Add-on Modules (F21-055)
Recommendation: Take the following actions:
- Award a four-year contract to Innovative Interfaces, Inc. for
maintenance and support of Integrated Library System (ILS)
Software in a not-to-exceed contract amount of $476,625.27;
- Authorize the City Manager to execute the contract when all
necessary conditions have been met; and
- Authorize the City Manager to amend this contract to procure
additional modules and services and to renew the Contract for
up to an additional five (5) years, subject to available budget
and if pricing and services remain acceptable to the City.
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City Council Notice and Agenda June 29, 2021
1.H 21-0559 Award a Contract to Axon Enterprise, Inc. for a Body-Worn
Camera Solution and Tasers for the Department of Public
Safety (F21-139)
Recommendation: Take the following actions:
- Award a five-year contract to Axon Enterprise, Inc. for a
body-worn camera (BWC) solution, including software,
unlimited digital evidence storage, and conducted electrical
weapons (CEWs) in a not-to-exceed contract amount of
$1,730,115;
- Authorize the City Manager to execute the contract when all
necessary conditions have been met; and
- Authorize the City Manager to amend the contract, subject to
available budget and if pricing and services remain acceptable
to the City for up to an additional five years.
1.I 21-0536 Modify a Purchase Agreement with Yamaha Motor Finance
Corp USA for Electric Golf Cart Lease for the Sunnyvale and
Sunken Gardens Golf Courses (F21-0158)
Recommendation: Authorize the City Manager to amend the existing purchase
agreement with Yamaha Motor Finance Corp USA in
substantially the same form as Attachment 1 to the report, for
lease of electric golf carts, extending the term of the contract
until December 31, 2021 or until the carts are returned and
increasing the not-to-exceed contract amount by $43,812.40
for a new not-to-exceed total lease contract amount of
$342,619.22.
1.J 21-0679 Approve Budget Modification No. 28 in the amount of
$1,868,408 for Emergency Pipeline Repair Work
Recommendation: Approve Budget Modification No. 28 in the amount of
$1,868,408 for Emergency Pipeline Repair Work.
1.K 21-0563 Approve the Implementation of the Community Rating System
2021 Multi-Jurisdictional Program for Public Information
Related to the National Flood Insurance Program
City of Sunnyvale Page 4 Printed on 6/24/2021
City Council Notice and Agenda June 29, 2021
Recommendation: Take the following actions:
- Review the 2021 Santa Clara County Multi-Jurisdictional
Program for Public Information; and
- Approve the implementation of the Program for Public
Information 5-Year Plan to be part of the City's participation in
the Community Rating System (CRS) that provides premium
discounts for policies in the National Flood Insurance Program.
PUBLIC HEARINGS/GENERAL BUSINESS
If you wish to speak to a public hearing/general business item, please refer to
notice at the beginning of this agenda. 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 21-0090 Proposed Utility Rate Increases for FY 2021/22 Rates for
Water, Wastewater, and Solid Waste Utilities for Services
Provided to Customers Within and Outside City Boundaries;
Finding of California Environmental Quality Act (CEQA)
Exemption Pursuant to Public Resource Code Section
21080(b)(8) and CEQA Guidelines Section 15273
Recommendation: Alternatives 1 and 2: Alternative 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 Alternative 2) Adopt a resolution
increasing water rates by 1.5%, wastewater rates by 4%, and
solid waste rates by 4% for FY 2021/22.
3 21-0684 Introduce an Ordinance Amending Chapter 19.67 (Below
Market Rate Ownership Housing) of the Sunnyvale Municipal
Code to Modify the Inclusionary Housing Program
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City Council Notice and Agenda June 29, 2021
Recommendation: Alternative 1: Introduce an Ordinance to amend Chapter 19.67
("Below Market Rate Ownership Housing") of Title 19
("Zoning") of the Sunnyvale Municipal Code to modify
Inclusionary Below Market Rate Ownership Housing
Requirements (Attachment 3 to the report).
4 21-0082 Request to Authorize City Manager to Execute: (1) The 2021
New Memorandum of Understanding (MOU) Between Cities of
Sunnyvale and Mountain View for SMaRT Station® Services
and (2) Amendment to 1992 MOU Among Sunnyvale,
Mountain View and Palo Alto Clarifying That MOU Term Ends
December 31, 2021, and Find That These Actions are Within
the Scope of the 1990 Environmental Impact Report (EIR) and
Subsequent Addenda
Recommendation: Alternative 1: Authorize the City Manager to execute the New
Memorandum of Understanding Among the Cities of Mountain
View and Sunnyvale Relating to the Operation of a Materials
Recovery and Transfer Station in substantially the same form
as Attachment 1 of the Report; Alternative 2: Authorize the City
Manager to execute the Amendment to the Second
Memorandum of Understanding Among the Cities of Mountain
View, Palo Alto and Sunnyvale Relating to the Construction
and Operation of a Materials Recovery and Transfer Station
and the Long Term Disposal of Municipal Solid Waste at Kirby
Canyon in substantially the same form as Attachment 2 of the
report; and Alternative 3: Find that these actions are within the
scope of the 1990 EIR and subsequent addenda and that no
further environmental review is required under CEQA
Guidelines Section 15162.
5 21-0616 Adopt a Resolution Approving the 2020 Urban Water
Management Plan (UWMP) and Adopt a Resolution Approving
the Water Shortage Contingency Plan to be Included in the
UWMP and Find That These Actions are Exempt From the
California Environmental Quality Act (CEQA)
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City Council Notice and Agenda June 29, 2021
Recommendation: Alternative No 1: Adopt two resolutions approving the 2020
Urban Water Management Plan and the Water Shortage
Contingency Plan as presented, and direct staff to forward the
Plans to the California State Department of Water Resources,
and find that these actions are exempt from CEQA.
6 21-0420 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 2021/22
Recommendation: 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 2021/22.
7 21-0696 Adoption of Emergency Ordinance of the City of Sunnyvale to
Temporarily Suspend Evictions for Nonpayment of Rent by
Residential Tenants Impacted by the COVID-19 Emergency
Effective From July 1, 2021 Through September 30, 2021
Recommendation: Alternative 1: Adopt an Emergency Ordinance of the City of
Sunnyvale to Temporarily Suspend Evictions for Nonpayment
of Rent by Residential Tenants Impacted by the COVID-19
Emergency Effective from July 1, 2021 through September 30,
2021.
8 21-0496 Introduce an Ordinance to Amend Certain Sections of Chapter
12.12 of the Sunnyvale Municipal Code (Sewer Use
Regulations) and Find That the Action is Categorically Exempt
From the California Environmental Quality Act (CEQA)
Pursuant to Section 15308 of the CEQA Guidelines
Recommendation: Alternative 1: Introduce an Ordinance to amend Section
12.12.120 (Local Limits for Wastewater) of Chapter 12.12
(Sewer Use Regulations) of Title 12 (Water and Sewers) of
the Sunnyvale Municipal Code, and find that this action is
categorically exempt from the California Environmental Quality
Act (CEQA) pursuant to Section 15308 of the CEQA
Guidelines.
9 21-0343 Appoint Applicants to the Redistricting Commission
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City Council Notice and Agenda June 29, 2021
Recommendation: Staff makes no recommendation.
10 21-0554 Provide Direction Regarding Amending the Employment
Agreement Between the City of Sunnyvale and City Attorney
John A. Nagel to Increase the City Attorney Salary and Allow
Additional Paid Time Off Cashout
Recommendation: Staff makes no recommendation. This report is developed to
facilitate discussion for the public hearing and action by the
City Council.
COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL
COMMITTEE ASSIGNMENTS
NON-AGENDA ITEMS & COMMENTS
-Council
-City Manager
INFORMATION ONLY REPORTS/ITEMS
Visit http://Sunnyvale.ca.gov/TCMAC to view the Tentative Council Meeting
Agenda Calendar (TCMAC) online. The TCMAC is updated each Thursday
afternoon.
21-0593 Tentative Council Meeting Agenda Calendar
21-0656 Board/Commission Meeting Minutes
21-0662 Information/Action Items
21-0664 Board/Commission Resignation (Information Only)
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 in the Office of the City Clerk
located at 603 All America Way, 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
City of Sunnyvale Page 8 Printed on 6/24/2021
City Council Notice and Agenda June 29, 2021
All America Way, 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 to access City Hall to
view these materials and 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
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.
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 http://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 Office of the City Clerk. The City
Clerk will distribute your items to the Council following the meeting.
Upcoming Meetings
Visit https://sunnyvaleca.legistar.com for upcoming Council, board and
commission meeting information.
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