City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, May 3, 2022 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 - 5:30 PM | Regular Meeting - 7 PM | Regular Sunnyvale Financing Authority Meeting - 7 PM (or soon thereafter) 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 April 5, 2022. Vice Mayor Cisneros called the meeting to order at 4:30 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 4:32 p.m. Richard Woo shared concerns with the timeliness of the City's response to Sunnyvale Employees’ Association (SEA)/IFPTE Local 21's contract proposals. Pamela Dunn communicated details of employee's efforts to support City employees City of Sunnyvale Page 1 City Council Meeting Minutes May 3, 2022 and maintain City services during the COVID-19 Pandemic. Nathan Tavakol reported negative impacts to employees at the Water Quality Control Plant of on-going vacancies at the Plant. Marjorie Estavillo shared details of the impact of the COVID-19 Pandemic on the Department of Public Works Engineering team and support for the contract proposals submitted by SEA. Troy Tano reported negative impacts to employees in the Facilities Division from on-going vacancies. Jonathan Kawamura communicated negative impacts to employees at the One Stop Service Center from on-going vacancies and support for the SEA contract proposals. Public Comment closed at 4:51 p.m. Convene to Closed Session A 22-0481 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 5:37 p.m.; Council reconvened to closed session after the regular meeting. 5:30 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 5:37 p.m. via teleconference. City of Sunnyvale Page 2 City Council Meeting Minutes May 3, 2022 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 B 22-0063 Draft Housing Element Housing Officer, Jenny Carloni and Chelsey Payne, Director of Urban Design and Planning, Ascent Environmental provided the staff report and presentation. Public Comment opened at 6:52 p.m. Richard Mehlinger voiced concerns about meeting legal requirements of updating the Housing Element and shared some suggestions. Kenneth Rosales, SV@Home shared support for increasing density in the Housing Element. Julia Liu offered other options for shopping centers slated to be zoned for redevelopment. Angela Rausch requested clarification on elderly housing within the Housing Element. Agnes Veith requested additional information regarding Accessory Dwelling Unit (ADU) housing. Public Comment closed at 7:01 p.m. Adjourn Special Meeting City of Sunnyvale Page 3 City Council Meeting Minutes May 3, 2022 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 April 5, 2022. Mayor Klein called the meeting to order at 7:10 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. 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; Council will reconvene to closed session after the conclusion of the regular Council meeting. SPECIAL ORDER OF THE DAY C 22-0439 Nurses Week Mayor Klein read a proclamation in honor of Nurses Week. Catherine Nalesnik, Director of Infection Prevention, El Camino Health spoke towards the proclamation. D 22-0480 Small Business Week City of Sunnyvale Page 4 City Council Meeting Minutes May 3, 2022 Mayor Klein read a proclamation in honor of Small Business Week. Tracy Kuykendall, Shop Manager, Kuykendall's Collision Repair spoke towards the proclamation. E 22-0436 Affordable Housing Month Mayor Klein read a proclamation in honor of Affordable Housing Month. David Meyer, Director of Strategic Initiatives, SV@Home spoke towards the proclamation. F 22-0440 Public Works Week Mayor Klein read a proclamation in honor of Public Works Week. Public Works Director Chip Taylor spoke towards the proclamation. ORAL COMMUNICATIONS Councilmember Spitaleri announced the upcoming Sunnyvale Cultural Celebration and the Draft Housing Element Community Workshop. CONSENT CALENDAR Public Comment opened at 7:31 p.m. No Speakers. Public Comment closed at 7:34 p.m. MOTION: Vice Mayor Cisneros moved and Councilmember Larson seconded the motion to approve agenda items 1.A through 1.I, including the updated staff recommendation for agenda item 1.D. 1.A 22-0177 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 22-0222 Receive and File the FY 2021/22 Third Quarter Budget Update Receive and file the Fiscal Year 2021/22 Third Quarter Budget Update. 1.C 22-0040 Adopt Resolution Authorizing the City Manager to Execute and Deliver an Installment Sale Agreement, for up to $288,000,000 in Clean Water State Revolving Funds, Between the City of City of Sunnyvale Page 5 City Council Meeting Minutes May 3, 2022 Sunnyvale and the State Resources Water Control Board, and to Execute All Implementing Documents for Financial Assistance in Connection with the City’s Water Pollution Control Plant Update Project Adopt a Resolution authorizing the City Manager to execute and deliver, in a form approved by the City Attorney, an Installment Sale Agreement, for up to $288,000,000 in Clean Water State Revolving Funds, between the City of Sunnyvale and the State Resources Water Control Board, and to execute all implementing documents for financial assistance in connection with the City’s Water Pollution Control Plant Update Project. 1.D 22-0404 Award of Contract to Bear Electrical Solutions, Inc. to Provide, Remove and Install Vehicle and Pedestrian LED Traffic Signal Light Modules (F22-015) - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $311,610 to Bear Electrical Solutions, Inc. of Alviso, CA; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Approve a 10% contingency in the amount of $31,161. 1.E 22-0517 Authorize the City Manager to Execute an Agreement with HomeFirst for Case Management Services and Shelter Beds for Sunnyvale Unhoused Population Authorize the City Manager to execute an Agreement with HomeFirst for case management services and shelter beds for Sunnyvale Unhoused Population. 1.F 22-0463 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.G 22-0477 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 May 3, 2022 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. 1110-22 adopted on March 22, 2022 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.H 22-0550 Adopt Ordinance No. 3192-22 to add Chapter 19.76 (SHORT-TERM RENTAL OF RESIDENTIAL PROPERTY) To Title 19 (ZONING) of the Sunnyvale Municipal Code Adopt Ordinance No. 3192-22. 1.I 22-0551 Adopt Ordinance No. 3193-22 to amend Chapter 5.39 (ENVIRONMENTALLY ACCEPTABLE FOOD CONTAINERS AND SERVICE WARE) of Title 5 (BUSINESS LICENSES AND REGULATIONS) of the Sunnyvale Municipal Code Adopt Ordinance No. 3193-22. ADJOURNMENT TO REGULAR MEETING OF THE SUNNYVALE FINANCING AUTHORITY Call to Order Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the Financing Authority made the necessary findings by adopting Resolution No. 1105-22FA, reaffirmed on April 5, 2022. Authority Chair Klein called the Sunnyvale Financing Authority meeting to order at 7:35 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 City of Sunnyvale Page 7 City Council Meeting Minutes May 3, 2022 Authority Member Russ Melton Authority Member Omar Din Authority Member Anthony (Tony) Spitaleri Authority Chair Klein, Authority Vice Chair Cisneros and all Authority Members attended via teleconference. ORAL COMMUNICATIONS None. CONSENT CALENDAR Public Comment opened at 7:37 p.m. No Speakers Public Comment closed at 7:37 p.m. MOTION: Authority Vice Chair Cisneros moved and Authority Member Larson seconded the motion to approve items 2.A. through 2.B. 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 2.A 22-0475 Approve Sunnyvale Financing Authority Meeting Minutes of April 5, 2022 Approve Sunnyvale Financing Authority Meeting Minutes of April 5, 2022 as submitted. 2.B 22-0476 Reconsider and Affirm Resolution No. 1105-22FA; and Make Findings Pursuant to Government Code Section 54953(e) (AB 361) to Continue Virtual Public Meetings for the Sunnyvale City of Sunnyvale Page 8 City Council Meeting Minutes May 3, 2022 Financing Authority During the COVID-19 State of Emergency Affirm Resolution 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: 1. The Sunnyvale City Council has found and determined that the state of emergency conditions related to COVID-19, as set forth in City of Sunnyvale Resolution No. 1110-22 adopted on March 22, 2022, and incorporated herein by reference, are on-going; 2. 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 3. 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. ADJOURN SUNNYVALE FINANCING AUTHORITY MEETING Authority Chair Klein adjourned the Sunnyvale Financing Authority meeting at 7:38 p.m. RECONVENE TO CITY COUNCIL MEETING Mayor Klein reconvened the City Council Meeting at 7:38 p.m. PUBLIC HEARINGS/GENERAL BUSINESS 3 22-0299 Public Hearing to Adopt a Resolution Confirming the Annual Report to Levy and Collect an Annual Assessment for the Downtown Sunnyvale Business Improvement District (BID) for Fiscal Year 2022/23 Connie Verceles provided the staff report and presentation. Mike Johnson, Executive Director, Sunnyvale Downtown Association provided a presentation. Public Hearing opened at 7:51 p.m. No Speakers Public Hearing closed at 7:51 p.m. City of Sunnyvale Page 9 City Council Meeting Minutes May 3, 2022 MOTION: Councilmember Hendricks moved and Vice Mayor Cisneros seconded the motion to approve Alternative 1: Adopt a Resolution to confirm the Annual Report and levy and collect an Annual Assessment for the Downtown Sunnyvale Business Improvement District for Fiscal Year 2022/23. 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 22-0519 Consider Approval of Draft 2022 Housing and Urban Development (HUD) Action Plan Housing Officer Jenny Carloni provided the staff report. Public Hearing opened at 8:02 p.m. Marie Bernard, Executive Director, Sunnyvale Community Services (SCS) voiced support for the HUD Action Plan and the resources it will provide for SCS. Richard Mehlinger urged Council to adopt the staff recommendation. Public Hearing closed at 8:06 p.m. MOTION: Councilmember Din moved and Vice Mayor Cisneros seconded the motion to approve Alternative 1: Approve the 2022 Draft Action Plan as shown in Attachment 2 of the staff report. The motion carried with the following vote: City of Sunnyvale Page 10 City Council Meeting Minutes May 3, 2022 Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 5 22-0263 Selection of Name for the New City Park Located at One Redwood Place (Previous AMD site) Director of Public Works, Chip Taylor provided the staff report and presentation. Public Hearing opened at 8:18 p.m. Richard Mehlinger voiced support for the names Yñigo Park, Shellmound Park or Manzanita Park. Laura Babcock, Director, Sunnyvale Historical Society and Museum Association communicated the Association's preference for the name Shellmound Park. Steve Burkel, Principle, EPTDESIGN shared design plans for the Park and that EPTDESIGN supports the name Redwood Park. Mathew Asuncion proposed consulting the local indigenous population for suggestions for future park names. Public Hearing closed at 8:27 p.m. MOTION: Vice Mayor Cisneros moved and Councilmember Din seconded the motion to approve Alternative 3: Select a name for the new City Park located at One Redwood Place as preferred by City Council: Yñigo Park. The motion carried with the following vote: Yes: 3 - Vice Mayor Cisneros Councilmember Larsson Councilmember Din City of Sunnyvale Page 11 City Council Meeting Minutes May 3, 2022 No: 2 - Mayor Klein Councilmember Spitaleri Abstain: 2 - Councilmember Hendricks Councilmember Melton MOTION TO RECONSIDER: Councilmember Hendricks moved and Councilmember Melton seconded the motion to reconsider the earlier motion to approve Alternative 3: Select a name for the new City Park located at One Redwood Place as preferred by City Council: Yñigo Park. The motion carried with the following vote: Yes: 4 - Mayor Klein Councilmember Hendricks Councilmember Melton Councilmember Spitaleri No: 3 - Vice Mayor Cisneros Councilmember Larsson Councilmember Din MOTION: Councilmember Spitaleri moved and Councilmember Melton seconded the motion to approve Alternative 1: Select a name for the new City Park located at One Redwood Place from the five names recommended by the Parks and Recreation Commission: Shellmound Park. FRIENDLY AMENDMENT: Councilmember Din offered a friendly amendment to determine the word for Shellmound in its native language and use that word as the name of the Park. Councilmember Spitaleri declined to accept the friendly amendment. 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 12 City Council Meeting Minutes May 3, 2022 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Mayor Klein shared Silicon Valley Clean Energy (SVCE) accomplishments. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Din commented on the Information Only Item RTC 22-0513 Universal Basic Income Study Issue Follow Up. Vice Mayor Cisneros announced she will begin conducting regular office hours to meet with the public. -City Manager City Manager Kent Steffens announced a 5-year lease for the restaurant space at the Sunnyvale Municipal Golf Course. RECONVENED: 4:30 P.M. SPECIAL COUNCIL MEETING (Closed Session) Reconvene to Closed Session City Council reconvened to Closed Session at 9:26 p.m. 22-0481 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 10:41 p.m. Closed Session Report Vice Mayor Cisneros reported that Council met in 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; nothing to report. City of Sunnyvale Page 13 City Council Meeting Minutes May 3, 2022 INFORMATION ONLY REPORTS/ITEMS 22-0472 Tentative Council Meeting Agenda Calendar 22-0473 Board/Commission Meeting Minutes 22-0474 Information/Action Items 22-0459 Mayor Announcement of Mayor-Appointed Ad Hoc Advisory Committee on City Attorney Compensation (Information Only) 22-0228 Notice of Public Works Director’s Decision on Final Maps (Information Only) 22-0513 Universal Basic Income Study Issue Follow Up (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 10:42 p.m. City of Sunnyvale Page 14