City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, March 22, 2022 6:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM | Joint Meeting of the Sunnyvale City Council and Financing Authority - 7 PM (or as soon thereafter) 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 February 22, 2022. Vice Mayor Cisneros called the meeting to order at 6:00 p.m. via teleconference. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Alysa Cisneros Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Omar Din Councilmember Anthony (Tony) Spitaleri Mayor Klein, Vice Mayor Cisneros and all Councilmembers attended via teleconference. Study Session A 22-0082 Creation of a Human Relations Commission (Study Issue) City Clerk David Carnahan provided the staff report and presentation. Public Comment opened at 6:13 p.m. No speakers. Public Comment closed at 6:13 p.m. City of Sunnyvale Page 1 City Council Meeting Minutes March 22, 2022 Adjourn Special Meeting Vice Mayor Cisneros adjourned the meeting at 7:03 p.m. 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 February 22, 2022. Mayor Klein called the meeting to order at 7:03 p.m. via teleconference. ROLL CALL Present: 7 - Mayor Larry Klein Vice Mayor Alysa Cisneros Councilmember Gustav Larsson Councilmember Glenn Hendricks Councilmember Russ Melton Councilmember Omar Din Councilmember Anthony (Tony) Spitaleri Mayor Klein, Vice Mayor Cisneros and all Councilmembers attended via teleconference. SPECIAL ORDER OF THE DAY B 22-0364 Arbor Day Mayor Klein read a proclamation in honor of Arbor Day. C 22-0100 Ceremonial Oath of Office for Board and Commission Members City Clerk David Carnahan administered the Ceremonial Oath of Office to the incoming Board Member. D 22-0382 American Red Cross Month Mayor Klein read a proclamation in honor of American Red Cross Month. City of Sunnyvale Page 2 City Council Meeting Minutes March 22, 2022 Liz Dietz and Amit Srivastava, Silicon Valley Chapter - American Red Cross spoke towards the proclamation. E 22-0383 Women’s History Month Mayor Klein read a proclamation in honor of Women’s History Month. Laura Babcock, Director, Sunnyvale Historical Society and Museum Association (SHSMA) spoke towards the proclamation. ORAL COMMUNICATIONS Laura Tiscareno, Sunnyvale Urban Forests Advocates (SUFA) shared details of the group's work and the benefits of urban trees. Councilmember Larsson announced details for the following: - Recruitment for various Boards and Commissions - Recruitment for the Sunnyvale Mobile Home Park MOU Compliance Committee CONSENT CALENDAR MOTION: Vice Mayor Cisneros moved and Councilmember Larsson seconded the motion to approve agenda items 1.A through 1.H. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 1.A 22-0173 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.B 22-0257 Award of Contract to Saviano Co. Inc. for Park Tennis Court Reconstruction at Braly, Columbia, and Fairwood Parks, Finding of California Environmental Quality Act (CEQA) City of Sunnyvale Page 3 City Council Meeting Minutes March 22, 2022 Categorical Exemption and Determination of Bidder Non-responsiveness (PW22-11) - Make a determination that the bid received from ASG Builders Inc. is non-responsive due to the bidder not sufficiently documenting and demonstrating required project experience; - Make a finding of categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c); - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $286,000.00 to Saviano Co. Inc. of San Jose; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Approve a 10% Contingency in the amount of $28,600.00. 1.C 22-0239 Award of Contract to Yamaha Motor Finance Corp. USA for the lease of Electric Golf Cars at the Sunnyvale and Sunken Gardens Golf Courses (F21-074) - Award a Contract for a Master Lease Agreement in substantially the same form as Attachment 2 to the report in the amount of $452,066.00 to Yamaha Motor Finance Co. for a 60-month lease of 80 electric golf cars; - Authorize the City Manager to execute the contract when all necessary conditions have been met; - Approve a 2% contingency in the amount of $9,041.00; and - Authorize the City Manager to extend the term of the Master Lease Agreement for one year, subject to available budget and if pricing and service remain acceptable to the City. 1.D 22-0110 Authorize City Manager to Execute Two Easement Deeds to Pacific Gas and Electric Company (PG&E) over a Portion of City Owned Parcels, known as the Civic Center (APN 165-02-003 and APN 165-02-001) Authorize City Manager to execute two Easement Deeds with Pacific Gas and Electric Company for public utility purposes, in substantially the same form as in Attachments 1 and 2 of the report, over a portion of City owned parcels, known as the Civic Center (APN 165-02-003 and APN 165-02-001). 1.E 22-0084 Renewal of the Agreement Between City of Sunnyvale and Sustainable Community Gardens for the Development, Operation and Maintenance of Community Gardens Approve a new five-year agreement with Sustainable Community Gardens for the City of Sunnyvale Page 4 City Council Meeting Minutes March 22, 2022 operation and maintenance of the Charles Street Community Gardens and authorize the City Manager to execute the agreement and to approve up to five one-year extensions of the term of the Agreement. 1.F 22-0360 Adopt a Resolution to Amend the City’s Salary Resolution to Update the Schedule of Pay to Change the Bargaining Unit Designation and Increase the Pay Range for Senior Traffic Engineer. Adopt a Resolution amending the City's Salary Resolution to update the Schedule of Pay to change the bargaining unit designation for Senior Traffic Engineer effective April 3, 2022. 1.G 22-0293 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 22-0367 Adopt Ordinance No. 3190-22 to adopt Chapter 16.80 (Responsible Construction) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code Adopt Ordinance No. 3190 22. PUBLIC HEARINGS/GENERAL BUSINESS 2 22-0365 Consider a Request from Sunnyvale Community Services for $170,000 to Continue Operating the WorkFirst Sunnyvale Program for the Remainder of Fiscal Year 2021/22 and Approve Budget Modification No. 18. Housing Officer Jenny Carloni provided the staff report. Public Hearing opened at 7:45 p.m. Marie Bernard, Director, Sunnyvale Community Services voiced support for the program and budget modification. Richard Mehlinger communicated support for the staff recommendation. Greg Pensinger, Santa Clara County Director, Downtown Streets Team shared support for the program. City of Sunnyvale Page 5 City Council Meeting Minutes March 22, 2022 Public Hearing closed at 7:51 p.m. MOTION: Councilmember Din moved and Vice Mayor Cisneros seconded the motion to approve Alternative 1: Approve awarding $170,000 in General Funds to Sunnyvale Community Services to continue operating the WorkFirst Sunnyvale program for the remainder of FY 2021/22, authorize the City Manager to execute a Grant Agreement with Sunnyvale Community Services in the amount of $170,000 to reflect the new funding source and approve Budget Modification No. 18 in the amount of $170,000. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 3 22-0008 Approval of the Consultant Report for Study Issue DPW 19-07 Ascertain Suitable Location(s) for the Installation of Youth Cricket Batting Cages and Potential Funding Sources Parks Superintendent Jim Stark and Patrick Healy, Project Manager, Verde Design provided the staff report and presentation. Public Hearing opened at 8:52 p.m. Ganesh Sanap, President, Northern California Cricket Association voiced support for the staff recommendation and reported the Association successfully shares fields with little league baseball in other communities. Prakash Giri shared his observations from the Parks and Recreation Commission when this item was heard and voiced support for multiple batting cages to help balance the needs of baseball, softball and cricket users. Public Hearing closed at 9:04 p.m. City of Sunnyvale Page 6 City Council Meeting Minutes March 22, 2022 MOTION: Councilmember Melton moved and Councilmember Din seconded the motion to approve Alternative 1: Approve the Verde Design Inc. Study Issue Report as presented in Attachment 1 to the report and study recommendations including six parks as potential locations for shared-use batting cages: Ortega Park, De Anza Park, Fair Oaks Park, Lakewood Park, Raynor Park and Serra Park. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 Council took a recess at 9:19 p.m. and reconvened at 9:30 p.m. with all Councilmembers present via teleconference. 4 22-0366 Authorize the Issuance of Contract Purchase Agreements to Pivot Interiors and Inside Source for Civic Center Modernization Phase I Furniture (F22-106) & (F22-107) Assistant City Engineer Allison Boyer and Purchasing Officer Greg Card provided the staff report and presentation. Public Hearing opened at 9:52 p.m. No speakers. Public Hearing closed at 9:52 p.m. MOTION: Councilmember Hendricks moved and Councilmember Melton seconded the motion to approve Alternative 1: Take the following actions: - Authorize the issuance of a contract purchase agreement to Pivot Interiors in a not-to-exceed amount of $3,767,882.67 for Civic Center Modernization Phase I Furniture; - Authorize the issuance of a contract purchase agreement to Inside Source in a not-to-exceed amount of $2,017,650.74 for Civic Center Modernization Phase I Furniture; City of Sunnyvale Page 7 City Council Meeting Minutes March 22, 2022 - Approve a 7% contingency in the amount of $263,751.78 for unexpected furniture needs to Pivot Interiors; and - Approve a 7% contingency in the amount of $141,235.55 for unexpected furniture needs to Inside Source. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 5 22-0149 Approve the 2021 Housing Element Annual Progress Report Housing Officer Jenny Carloni provided the staff report and presentation. Public Hearing opened at 10:45 p.m. No speakers. Public Hearing closed at 10:45 p.m. MOTION: Councilmember Hendricks moved and Vice Mayor Cisneros seconded the motion to approve Alternative 1: Approve the 2021 Housing Element Annual Progress Report and direct staff to submit it to the Governor's Office of Planning and Research and the California Department of Housing and Community Development. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 City of Sunnyvale Page 8 City Council Meeting Minutes March 22, 2022 ADJOURNMENT TO JOINT MEETING OF THE CITY COUNCIL AND SUNNYVALE FINANCING AUTHORITY Mayor Klein adjourned the Council meeting to the Joint Meeting of the City Council and Sunnyvale Financing Authority at 10:47 p.m. 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; the Financing Authority made the necessary findings by adopting Resolution No. 1105-22FA, both reaffirmed on February 22, 2022. Authority Chair / Mayor Klein called the joint City Council and Sunnyvale Financing Authority meeting to order at 10:47 p.m. via teleconference. Roll Call Present: 7 - Authority Chair / Larry Klein Authority Vice Chair Alysa Cisneros Authority Member Gustav Larsson Authority Member Glenn Hendricks Authority Member Russ Melton Authority Member Omar Din Authority Member Anthony (Tony) Spitaleri Authority Chair / Mayor Klein, Authority Vice Chair / Vice Mayor Cisneros and all Authority Members / Councilmembers attended via teleconference. Consent Calendar MOTION: Authority Vice Chair Cisneros moved and Authority Member Din seconded the motion to approve item 6.A. The motion carried with the following vote: Yes: 7 - Authority Chair Klein Authority Vice Chair Cisneros Authority Member Larsson Authority Member Hendricks Authority Member Melton Authority Member Din City of Sunnyvale Page 9 City Council Meeting Minutes March 22, 2022 Authority Member Spitaleri No: 0 6.A 22-0321 Approve Sunnyvale Financing Authority Meeting Minutes of February 22, 2022 Approve Joint City Council and Sunnyvale Financing Authority Meeting Minutes of February 22, 2022 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS 7 22-0320 Discuss and Evaluate Timeline for Transition to Hybrid In-Person/Telepresence Public Meetings; Reconsider and Affirm Resolution Nos. 1089-21 and 1105-22FA; 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 and City of Sunnyvale Financing Authority During the COVID-19 State of Emergency City Clerk David Carnahan provided the staff report and presentation. Public Hearing opened at 11:29 p.m. Martin Pyne spoke towards possible in-person requirements such as face coverings for all individuals, vaccination verification, temperature checks, etc. Nicolas Tompkins voiced support for hybrid public meetings when the COVID-19 Pandemic has improved. Public Hearing closed at 11:34 p.m. COUNCIL MOTION: Councilmember Melton moved and Vice Mayor Cisneros seconded the motion to approve Alternative 1: 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 and Boards, Commissions and Council Subcommittees during the COVID-19 State of Emergency: a. The City Council hereby finds that the state of emergency conditions related to COVID-19, as set forth in Resolution No. 1106-22 adopted on February 1, 2022 and City of Sunnyvale Page 10 City Council Meeting Minutes March 22, 2022 incorporated herein by reference, are on-going; b. 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 c. 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. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 SUNNYVALE FINANCING AUTHORITY MOTION: Authority Member Melton moved and Authority Member Din seconded the motion to approve Alternative 1: Affirm Resolution No. 1105-22FA; and make findings pursuant to Government Code Section 54953(e) (AB 361) to continue virtual public meetings for the Financing Authority during the COVID-19 State of Emergency: a. The Financing Authority Board hereby finds that the state of emergency conditions related to COVID-19, as set forth in Resolution No. 1106-22 adopted by the Sunnyvale City Council on February 1, 2022 and incorporated herein by reference, are on-going; b. The Financing Authority Board 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 c. The Financing Authority Board finds that the state of emergency continues to directly impact the ability of members of the Financing Authority to meet safely in person. City of Sunnyvale Page 11 City Council Meeting Minutes March 22, 2022 The motion carried with the following vote: Yes: 7 - Authority Chair Klein Authority Vice Chair Cisneros Authority Member Larsson Authority Member Hendricks Authority Member Melton Authority Member Din Authority Member Spitaleri No: 0 Adjourn Special Meeting Authority Chair / Mayor Klein adjourned the joint City Council and Sunnyvale Financing Authority meeting at 11:47 p.m. RECONVENE TO CITY COUNCIL MEETING Mayor Klein reconvened the City Council Meeting at 11:47 p.m. MOTION: Vice Mayor Cisneros moved and Councilmember Din seconded the motion to hear the remainder of agenda items. The motion carried with the following vote: Yes: 5 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Din Councilmember Spitaleri No: 2 - Councilmember Hendricks Councilmember Melton COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS None. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Din communicated support for identifying the staff and cost needs City of Sunnyvale Page 12 City Council Meeting Minutes March 22, 2022 to move Study Issue CDD 22-07 Evaluate a Pilot Program for Universal Basic Income Including Potential Funding Sources above the line to start the study. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 22-0323 Tentative Council Meeting Agenda Calendar 22-0325 Board/Commission Meeting Minutes 22-0326 Information/Action Items 22-0330 Study Issue Presentation Dates for Recommended Studies in 2022 (Information Only) 22-0343 Notice of Public Works Director’s Decision on Final Maps (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 11:56 p.m. City of Sunnyvale Page 13