City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, April 26, 2022 5:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Closed Session - 5 PM | Special Meeting: Study Session - 6 PM | Regular Meeting - 7 PM 5 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 April 5, 2022. Vice Mayor Cisneros called the meeting to order at 5 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. Public Comment Public Comment opened at 5:03 p.m. Edith Alanis shared hardships City of Sunnyvale employees faced during the COVID Pandemic. Martin Schmidt voiced support for passing the contract terms proposed by Sunnyvale Employees’ Association (SEA)/IFPTE Local 21. City of Sunnyvale Page 1 City Council Meeting Minutes April 26, 2022 Public Comment closed at 5:09 p.m. Convene to Closed Session A 22-0498 Closed Session Held Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Tina Murphy, Director of Human Resources Employee organization: Public Safety Managers Association (PSMA) B 22-0479 Closed Session Held Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Tina Murphy, Director of Human Resources Employee organization: Sunnyvale Employees’ Association (SEA)/IFPTE Local 21 Adjourn Special Meeting Council returned from closed session at 6:00 p.m.; Council reconvened to closed session after the regular meeting. 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 April 5, 2022. Vice Mayor Cisneros called the meeting to order at 6:00 p.m. via teleconference. Roll Call City of Sunnyvale Page 2 City Council Meeting Minutes April 26, 2022 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 C 22-0403 Study Issue FIN 21-01 - Explore a 2022 General Election Ballot Measure to Modify Real Property Transfer Tax Assistant Director of Finance, Dennis Jaw provided the staff report and presentation. Public Comment opened at 6:50 p.m. No Speakers Public Comment closed at 6:50 p.m. Adjourn Special Meeting Vice Mayor Cisneros adjourned the meeting at 7:05 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 April 5, 2022. Mayor Klein called the meeting to order at 7:10 p.m. via teleconference. ROLL CALL City of Sunnyvale Page 3 City Council Meeting Minutes April 26, 2022 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. CLOSED SESSION REPORT Vice Mayor Cisneros reported that Council met in Closed Session CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Tina Murphy, Director of Human Resources Employee organization: Public Safety Managers Association (PSMA): Tina Murphy, Director of Human Resources Employee organization: Public Safety Managers Association (PSMA); nothing to report. Vice Mayor Cisneros reported that Council met in Closed Session CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Tina Murphy, Director of Human Resources Employee organization: Public Safety Managers Association (PSMA): Tina Murphy, Director of Human Resources Employee organization: Public Safety Managers Association (PSMA) and Sunnyvale Employees’ Association (SEA)/IFPTE Local 21; Council will reconvene to closed session after the conclusion of the regular Council meeting. SPECIAL ORDERS OF THE DAY D 22-0434 Recognition of Green Businesses Mayor Klein read a proclamation in Recognition of Green Businesses. Environmental Programs Specialist Mary Lindemuth and Nicole Nguyen, Sustainability Analyst, Santa Clara County spoke on the proclamation. E 22-0467 Poetry Month Mayor Klein read a proclamation in honor of Poetry Month. Katherine Le, Poet read a poem in honor of Poetry Month. City of Sunnyvale Page 4 City Council Meeting Minutes April 26, 2022 PRESENTATIONS F 22-0036 Draft Peterson/Laurelwood Master Plan by Santa Clara Unified School District Director of Facility Development and Planning Michal Healy Michal Healy, Director of Facility Development and Planning, Santa Clara Unified School District provided the presentation. ORAL COMMUNICATIONS Councilmember Melton announced details of the current recruitment for various Boards and Commissions and an upcoming electric vehicle charging webinar. Councilmember Hendricks made a request for the public to provide contact information when reaching out to the City Council with questions or comments. Member of the public voiced concerns regarding the rezoning proposed in the El Camino Real Corridor Specific Plan Update. CONSENT CALENDAR Public Comment opened at 7:55 p.m. No Speakers Public Comment closed at 7:55 p.m. MOTION: Vice Mayor Cisneros moved and Councilmember Din seconded the motion to approve agenda items 1.A through 1.H. Councilmember Melton registered a no vote on agenda item 1.D. 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 5 City Council Meeting Minutes April 26, 2022 1.A 22-0443 Approve City Council Meeting Minutes of April 5, 2022 Approve the City Council Meeting Minutes of April 5, 2022 as submitted. 1.B 22-0174 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.C 22-0111 Approve Budget Modification No. 19 to appropriate $492,650 in FY 2021/22 Transportation Fund for Clean Air County Program Manager Funds for the Retiming of Traffic Signals Approve Budget Modification No. 19 to appropriate $492,650 in FY 2021/22 Transportation Fund for Clean Air County Program Manager Funds for retiming of traffic signals. 1.D 22-0294 Authorize an Amendment to an Existing Contract Purchase Agreement with Valley Oil for Unleaded and Diesel Fuel (F22-114) Take the following actions: - Authorize the City Manager to amend the existing Contract Purchase Agreement with Valley Oil for unleaded and diesel fuel, increasing the not-to-exceed amount by $560,000 for a new not-to-exceed amount of $800,000; - Authorize the City Manager to amend the new not-to-exceed amount, subject to available budget, if pricing and service remain acceptable to the City; and - Authorize the City Manager to renew the contract for two (2) additional years, subject to available budget; if pricing and service remain acceptable to the City. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Din Councilmember Spitaleri No: 1 - Councilmember Melton 1.E 22-0449 Award of Contract to Savant Solutions, Inc. for Implementation of an Information Technology Security Operations Center (SOC) with Managed Detection and Response (MDR) platform City of Sunnyvale Page 6 City Council Meeting Minutes April 26, 2022 (F22-111) Take the following actions: - Award a contract in substantially the same form as Attachment 1 to the report in a not-to exceed contract amount of $504,314 to Savant Solutions, Inc.; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Approve a 10% contingency in the amount of $50,431. 1.F 22-0302 Modify a Contract Purchase Agreement with Polydyne for Polymer Flocculant for the Water Pollution Control Plant (F22-094) Take the following actions: - Authorize the City Manager to amend the existing Contract Purchase Agreement increasing the not-to-exceed contract amount by $750,000 for new not exceed amount of $3,000,000 and to extend the contract term for one year, from July 1, 2022, to July 1, 2023; and - Authorize the City Manager to modify the contract amount within budget funding, provided pricing and service remain acceptable. 1.G 22-0389 Authorize the City Manager to Execute an Easement Deed with Pacific Gas and Electric Company (PG&E) over a Portion of the Water Pollution Control Plant (APN 110-03-047) Authorize the City Manager to execute an Easement Deed with Pacific Gas and Electric Company for public utility purposes, in substantially the same form as in Attachment 1 of the report, over a portion of the Water Pollution Control Plant (APN 110-03-047). 1.H 22-0504 Adopt Ordinance No. 3191-22 Approving and Adopting a Policy Regarding Military Equipment Use for the Department of Public Safety. Adopt Ordinance No. 3191-22 approving and adopting a policy regarding Military Equipment Use for the Department of Public Safety. PUBLIC HEARINGS/GENERAL BUSINESS 2 22-0478 Introduce an Ordinance to Amend Sunnyvale Municipal Code Chapter 19.76 (Short-Term Rental of Residential Property), Adopt a Resolution to Amend the FY 2021/22 Citywide Fee Schedule Related to Fines for Violations of the Short-Term City of Sunnyvale Page 7 City Council Meeting Minutes April 26, 2022 Rental Ordinance, Provide Direction on Compliance and Enforcement Service Level, and Find that these Actions are Exempt from the California Environmental Quality Act Deputy City Manager, Jaqui Guzmán provided the staff report and presentation. Public Hearing opened at 8:47 p.m. Richard Mehlinger communicated support for the staff recommendation. Public Hearing closed at 8:48 p.m. MOTION: Councilmember Melton moved and Councilmember Din seconded the motion to approve Alternative 1: Introduce an Ordinance to amend Sunnyvale Municipal Code Chapter 19.76 (Short-Term Rental of Residential Property); Adopt a Resolution to amend the 2021/22 Citywide Fee Schedule related to Fines for Violations of the Short-term Rental Ordinance; Provide direction on Enforcement Service Level; and Find that these Actions are exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3). City Clerk David Carnahan read the Ordinance title for the record. 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 22-0011 Introduce an Ordinance Amending Chapter 5.39 of Title 5 of the Sunnyvale Municipal Code to Reduce Single-use Foodware Accessories and Condiments; Adopt a Resolution to Amend the Master Fee Schedule to add Fines and Penalties for Violations of Chapter 5.39; and Find That the Action is Exempt from California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 15308 City of Sunnyvale Page 8 City Council Meeting Minutes April 26, 2022 Solid Waste Programs Division Manager, David Krueger provided the staff report and presentation. Public Hearing opened at 9:16 p.m. Alan Jian, Sunnyvale Youth Public Policy Institute (YPPI) Environmental Commission shared support for the Ordinance and urged a more aggressive approach to address plastic waste. Kimajya Pantvaidya, YPPI Environmental Commission voiced support for the Ordinance and further measures limiting plastic waste. Sanjog Dhillon, YPPI Environmental Commission expressed support for the Ordinance and for additional policies to limit single-use plastics. Public Hearing closed at 9:23 p.m. MOTION: Councilmember Hendricks moved and Vice Mayor Cisneros seconded the motion to approve Alternative 1: Introduce an Ordinance amending Chapter 5.39 of Title 5 of the Sunnyvale Municipal Code to reduce single-use foodware accessories and condiments; Adopt a Resolution to amend the Master Fee Schedule to add fines and penalties for violations of Chapter 5.39; and find that the action is exempt from 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: Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 4 22-0029 Introduce an Ordinance Amending Sunnyvale Municipal Code Chapter 2.30 (Appointment Process to Fill Vacancies on the City Council) to Remove Ranked Choice Voting Provisions and City of Sunnyvale Page 9 City Council Meeting Minutes April 26, 2022 add Tie-breaker Language; and Approve Amendments to Council Policy 7.3.15 (Appointment of Interim Councilmembers) to Remove Ranked Choice Voting Provisions City Clerk David Carnahan provided the staff report. Public Hearing opened at 10:29 p.m. Richard Mehlinger proposed a two-step appointment process, first conducting a yes or abstain vote on each candidate (similar to the Board and Commission appointment process) followed by a motion to appoint one candidate. He also referenced a piece he wrote on the subject of Councilmember appointments. Martin Pyne voiced support for removing the ranked choice voting procedure and suggested tie-breaker provisions could be weighted based on the number of Councilmembers supporting each candidate. Public Hearing closed at 10:35 p.m. MOTION: Councilmember Melton moved and Councilmember Din seconded the motion to direct staff to return to Council with options to update Sunnyvale Municipal Code Chapter 2.30 (Appointment Process to Fill Vacancies on the City Council) and Council Policy 7.3.15 (Appointment of Interim Councilmembers) including: 1. Remove ranked choice voting provisions; 2. Language incorporating that Council will vote on each candidate and if no candidate receives four affirmative votes, Council may continue with subsequent motions; 3. Language incorporating that four or more Councilmembers may vote to initiate an impasse-breaker process lead by the City Attorney; 4. At least three options of determining which candidates would be included in an impasse-breaker process; and 5. Options for signature gathering requirements for candidates. The motion carried with the following vote: City of Sunnyvale Page 10 City Council Meeting Minutes April 26, 2022 Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Mayor Klein shared details regarding the 5-year anniversary of the Silicon Valley Clean Energy (SVCE). NON-AGENDA ITEMS & COMMENTS -Council None. -City Manager City Manager, Kent Steffens announced he was recently appointed by the League of California Cities to serve on a statewide sales tax working group along with other City Managers from across the state. RECONVENED: 5 P.M. SPECIAL COUNCIL MEETING (Closed Session) Reconvene to Closed Session City Council reconvened to Closed Session at 10:45 p.m. 22-0479 Closed Session Held Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Tina Murphy, Director of Human Resources Employee organization: Sunnyvale Employees’ Association (SEA)/IFPTE Local 21 Reconvene to City Council Meeting Council returned from closed session at 11:32 p.m. City of Sunnyvale Page 11 City Council Meeting Minutes April 26, 2022 Closed Session Report Vice Mayor Cisneros reported that Council met in Closed Session CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Tina Murphy, Director of Human Resources Employee organization: Sunnyvale Employees’ Association (SEA)/IFPTE; Local 21; nothing to report. INFORMATION ONLY REPORTS/ITEMS 22-0444 Tentative Council Meeting Agenda Calendar 22-0445 Board/Commission Meeting Minutes 22-0446 Information/Action Items ADJOURNMENT Mayor Klein adjourned the meeting at 11:33 p.m. City of Sunnyvale Page 12