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City Council

Regular Meeting

Sunnyvale, CA · June 29, 2021

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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 City of Sunnyvale Page 1 City Council Meeting Minutes June 29, 2021 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. City of Sunnyvale Page 2 City Council Meeting Minutes June 29, 2021 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 City of Sunnyvale Page 3 City Council Meeting Minutes June 29, 2021 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. City of Sunnyvale Page 4 City Council Meeting Minutes June 29, 2021 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 City of Sunnyvale Page 5 City Council Meeting Minutes June 29, 2021 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, City of Sunnyvale Page 6 City Council Meeting Minutes June 29, 2021 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 City of Sunnyvale Page 7 City Council Meeting Minutes June 29, 2021 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 City of Sunnyvale Page 8 City Council Meeting Minutes June 29, 2021 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 City of Sunnyvale Page 9 City Council Meeting Minutes June 29, 2021 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: City of Sunnyvale Page 10 City Council Meeting Minutes June 29, 2021 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: City of Sunnyvale Page 11 City Council Meeting Minutes June 29, 2021 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) City of Sunnyvale Page 12 City Council Meeting Minutes June 29, 2021 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) City of Sunnyvale Page 13 City Council Meeting Minutes June 29, 2021 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: City of Sunnyvale Page 14 City Council Meeting Minutes June 29, 2021 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 City of Sunnyvale Page 15 City Council Meeting Minutes June 29, 2021 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: City of Sunnyvale Page 16 City Council Meeting Minutes June 29, 2021 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. City of Sunnyvale Page 17 City Council Meeting Minutes June 29, 2021 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 City of Sunnyvale Page 18 City Council Meeting Minutes June 29, 2021 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. City of Sunnyvale Page 19

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. City of Sunnyvale Page 3 Printed on 6/24/2021 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 City of Sunnyvale Page 5 Printed on 6/24/2021 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) City of Sunnyvale Page 6 Printed on 6/24/2021 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 City of Sunnyvale Page 7 Printed on 6/24/2021 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. City of Sunnyvale Page 9 Printed on 6/24/2021

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