City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, December 14, 2021 4:30 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Closed Session - 4:30 PM | Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM 4:30 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on November 16, 2021. Mayor Klein called the meeting to order at 4:30 p.m. via teleconference. Roll Call Present: 6 - Mayor Larry Klein Vice Mayor Glenn Hendricks Councilmember Gustav Larsson Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Omar Din Mayor Klein, Vice Mayor Hendricks and all Councilmembers attended via teleconference. Public Comment Public Comment opened at 4:32 p.m. No speakers. Public Comment closed at 4:32 p.m. Convene to Closed Session A 21-0947 Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION City of Sunnyvale Page 1 City Council Meeting Minutes December 14, 2021 Title: City Attorney B 21-0948 Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager Adjourn Special Meeting Mayor Klein adjourned the meeting at 5:41 p.m. 6 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on November 16, 2021. Mayor Klein called the meeting to order at 6:00 p.m. via teleconference. Roll Call Present: 6 - Mayor Larry Klein Vice Mayor Glenn Hendricks Councilmember Gustav Larsson Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Omar Din Mayor Klein, Vice Mayor Hendricks and all Councilmembers attended via teleconference. Study Session C 21-0939 Discussion of Possible Revisions to the Short-term Rental Ordinance and Enforcement Options Deputy City Manager Jaqui Guzmán provided the staff report and presentation. Public Comment opened at 7:00 p.m. Stephen Meier communicated support for registration requirements and requiring City of Sunnyvale Page 2 City Council Meeting Minutes December 14, 2021 full payment of fees. Steve Scandalis shared support for listing Short-Term Rental (STR) permits online, owner-hosted STRs and increasing penalties. He voiced opposition to one-night rentals and to allowing parties. Public Comment closed at 7:02 p.m. Adjourn Special Meeting 7 P.M. COUNCIL MEETING CALL TO ORDER Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on November 16, 2021. Mayor Klein called the meeting to order at 7:02 p.m. via teleconference. ROLL CALL Present: 6 - Mayor Larry Klein Vice Mayor Glenn Hendricks Councilmember Gustav Larsson Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Omar Din Mayor Klein, Vice Mayor Hendricks and all Councilmembers attended via teleconference. CLOSED SESSION REPORT Vice Mayor Hendricks reported that Council met in Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney; nothing to report. Vice Mayor Hendricks reported that Council met in Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager; nothing to report. ORAL COMMUNICATIONS City of Sunnyvale Page 3 City Council Meeting Minutes December 14, 2021 Vice Mayor Hendricks announced details of the upcoming minimum wage increase and the current recruitment for various Boards and Commissions. Mari indicated a desire to speak but was unable to provide public comment due to technical difficulties. A member of the public shared the names of deceased unhoused individuals during the year and shared support for opening a warming center during inclement weather. CONSENT CALENDAR Vice Mayor Hendricks requested Item 1.A be pulled from the Consent Calendar for separate consideration. MOTION: Vice Mayor Hendricks moved and Councilmember Melton seconded the motion to approve agenda items 1.B through 1.I. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Cisneros Councilmember Din No: 0 1.A 21-0264 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Public Comment opened at 7:16 p.m. No speakers. Public Comment closed at 7:16 p.m. MOTION: Vice Mayor Hendricks moved and Councilmember Melton seconded the motion to approve the list(s) of claims and bills. The motion carried with the following vote: City of Sunnyvale Page 4 City Council Meeting Minutes December 14, 2021 Yes: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Cisneros Councilmember Din No: 0 1.B 21-0992 Receive and File the FY 2020/21 Annual Status Report on Receipt and Use of Development Impact Fees and Adopt a Resolution Approving Findings Regarding Unspent Impact Fees and Find that the Action is Exempt from the California Environmental Quality Act Receive and file FY 2020/21 Annual Status Report on receipt and use of development impact fees, adopt a Resolution making findings regarding unspent impact fees as required by the Mitigation Fee Act (California Government Code Section 66000 et seq.) and find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(4) of the CEQA Guidelines. 1.C 21-1032 Adopt a Resolution to Authorize Filing of Application for State Specified Grant Program Funds for Evelyn Avenue Multi-Use Trail Project Adopt a Resolution approving application(s) for specified grant program funds for Evelyn Avenue Multi-Use Trail Project. 1.D 21-1014 Award of Contract to Pacific States Environmental Contractors, Inc for Water Pollution Control Plant Oxidation Pond Levee Maintenance, Finding of California Environmental Quality Act (CEQA) Categorical Exemption and Determination of Bidder Non-Responsiveness (F21-084) Take the following actions: - Make a determination that the bid received from Guerra Construction Group is non-responsive; - Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301; - Award a contract in substantially the same form as Attachment 2 to the report in in the amount $2,949,399.30 to Pacific States Environmental Contractors, Inc. for the City of Sunnyvale Page 5 City Council Meeting Minutes December 14, 2021 Water Pollution Control Plant Oxidation Pond Levee Maintenance; - Approve a 10% contingency in the amount of $294,940; and - Authorize the City Manager to execute the contract when all necessary conditions have been met. 1.E 21-1033 Award of Contract to W. Bradley Electric, Inc. for Pedestrian Improvements on Various Locations 2021 and Finding of California Environmental Quality Act (CEQA) Categorical Exemption (PW21-40) Take the following actions: - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $583,720 to W. Bradley Electric, Inc. of Novato; - Make a finding of categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section15301(c); - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Approve a 10% contingency in the amount of $58,372. 1.F 21-1125 Authorize the City Attorney to Execute the Participation Agreements to Opt Into the Proposed National Opioid Settlement as a Non-Litigating Entity Involving Opioid Pharmaceutical Distributors McKesson, Cardinal Health, and Amerisource Bergen and Manufacturer Janssen Authorize the City Attorney to sign the participation agreements, in substantially the same form as in Attachments 1 and 2 to the report, on behalf of the City of Sunnyvale to opt into the National Opioid Settlement as a non-litigating entity. 1.G 21-1022 Adopt a Resolution Extending the City’s Declaration of Local Emergency for COVID-19 Adopt a Resolution extending the City Manager/Director of Emergency Services' Proclamation of Existence of a Local Emergency (COVID-19). 1.H 21-1112 Reconsider and Affirm Resolution No. 1089-21; and Make Findings Pursuant to Government Code Section 54953(e) (AB 361) to Continue Virtual Public Meetings for the City Council and Boards, Commissions and Council Subcommittees During the COVID-19 State of Emergency Affirm Resolution 1089-21; and make findings pursuant to Government Code Section 54953(e) (AB 361) to continue virtual public meetings for the City Council City of Sunnyvale Page 6 City Council Meeting Minutes December 14, 2021 and Boards, Commissions and Council Subcommittees during the COVID-19 State of Emergency: 1. The City Council hereby finds that the state of emergency conditions related to COVID-19, as set forth in Resolution No. 1088-21 adopted on October 26, 2021 and incorporated herein by reference, are on-going; 2. The City Council finds that there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency; and 3. The City Council finds that the state of emergency continues to directly impact the ability of members of the City Council, Council Standing Committees, and City Boards and Commissions to meet safely in person. 1.I 21-1151 Adopt Ordinance No. 3186-21 to Add Chapter 10.62 (Exhibition of Speed and Contests) to Title 10 (Vehicles and Traffic) and Amend Section 1.04.010(B) of the Sunnyvale Municipal Code relating to Exhibitions and Speed Contests Adopt Ordinance No. 3186-21 to add Chapter 10.62 (Exhibition of Speed and Contests) to Title 10 (Vehicles and Traffic) and amend Section 1.04.010(B) of the Sunnyvale Municipal Code relating to Exhibitions and Speed Contests. PUBLIC HEARINGS/GENERAL BUSINESS 2 21-1109 Adoption of Resolutions (1) Declaring City Council At-Large Seat No. 3 Vacant; and (2) Establishing the Process and Schedule for Making an Appointment to At-Large City Council Seat No. 3 City Clerk David Carnahan provided the staff report. Public Hearing opened at 7:41 p.m. No speakers. Public Hearing closed at 7:41 p.m. MOTION: Councilmember Cisneros moved and Councilmember Melton seconded the motion to approve Alternative 2: Adopt two Resolutions: 1. Declaring City Council At-Large Seat No. 3 vacant; and 2. Establishing the process and schedule for making an appointment to City Council At-Large Seat No. 3 with the following modifications: - add the following question to the application, "please describe your thinking or City of Sunnyvale Page 7 City Council Meeting Minutes December 14, 2021 experience with equity, allyship and diversity." The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Cisneros Councilmember Din No: 0 3 21-0784 Receive and File the FY 2020/21 Budgetary Year-End Financial Report and Approval of Budget Modification No. 11 in the Amount of $609,298.93 Finance Director Tim Kirby provided the staff report and presentation. Public Hearing opened at 8:53 p.m. A member of the public communicated support for allocating funds towards services for the unhoused population. Public Hearing closed at 8:54 p.m. MOTION: Councilmember Melton moved and Councilmember Larsson seconded the motion to approve Alternative 1: Receive and file the budgetary Year-End Financial Report and approve Budget Modification No. 11 in the amount of $609,298.93. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Cisneros Councilmember Din No: 0 4 21-0952 Accept Google Inc.’s Donation of Voluntary Moffett Park City of Sunnyvale Page 8 City Council Meeting Minutes December 14, 2021 Complete Streets Signing and Striping Improvements on Caspian Drive, Geneva Drive, Baltic Way and Orleans Drive with an Estimated Construction Cost of $731,000 and Finding of an Exemption from the California Environmental Quality Act Principal Transportation Engineer Lillian Tsang provided the staff report and presentation. Public Hearing opened at 9:14 p.m. Leia Mehlman shared support for the project. Public Hearing closed at 9:16 p.m. MOTION: Councilmember Din moved and Councilmember Melton seconded the motion to approve Alternative 1: Accept Google's donation of voluntary Moffett Park complete streets signing and striping improvements on Caspian Drive, Geneva Avenue, Baltic Way and Orleans Drive with an estimated construction costs of $731,000 and finding of an exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c) for existing streets, sidewalks, bicycle lanes and facilities involving negligible or no expansion and that does not create additional automobile lanes. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Cisneros Councilmember Din No: 0 5 21-0153 Approval of Final Park Design at One Redwood Place - Previous AMD Site and Authorize the City Manager to Execute the First Amendment to the Park Agreement by and Between the City of Sunnyvale and 1090 East Duane Avenue LLC Parks Superintendent Jim Stark and Steve Burkel, Principal, EPTDESIGN provided the staff report and presentation. City of Sunnyvale Page 9 City Council Meeting Minutes December 14, 2021 Public Hearing opened at 10:09 p.m. Tara Martin-Milius voiced support for the project. Steve Scandalis communicated support for expanding parking capacity. Public Hearing closed at 10:13 p.m. MOTION: Vice Mayor Hendricks moved and Councilmember Melton seconded the motion to approve Alternative 1: Approve the final design of AMD Park described in Attachment 6 to the report with decomposed granite surfacing of the dog park and authorize the City Manager to sign the First Amendment to the Park Agreement, in substantially the same form as in Attachment 2 to the report, by and between the City of Sunnyvale and 1090 East Duane Avenue LLC. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Cisneros Councilmember Din No: 0 6 21-1127 Approve a Memorandum of Understanding Between the City of Sunnyvale and the Communication Officers Association Human Resources Director Tina Murphy provided the staff report. Public Hearing opened at 10:20 p.m. No speakers. Public Hearing closed at 10:20 p.m. MOTION: Vice Mayor Hendricks moved and Councilmember Melton seconded the motion to approve Alternative 1: Authorize the City Manager to execute the Memorandum of Understanding between the City of Sunnyvale and the Communication Officers Association. The motion carried with the following vote: City of Sunnyvale Page 10 City Council Meeting Minutes December 14, 2021 Yes: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Cisneros Councilmember Din No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS None. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Melton sponsored a study issue for a comprehensive update of the 2013 Feasibility Study for Recycled Water Expansion. The study issue would explore options for the Water Pollution Control Plan effluent for purified and recycled water purposes. Mayor Klein and Councilmembers Larsson and Din co-sponsored the study issue. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 21-1046 Tentative Council Meeting Agenda Calendar 21-1119 Board/Commission Meeting Minutes 21-1120 Information/Action Items 21-1137 Board/Commission Resignation (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 10:28 p.m. City of Sunnyvale Page 11