City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, June 7, 2022 5:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Council Meeting: Closed Session - 5 PM | Regular Meeting - 7 PM | Special Joint Meeting of City Council and Sunnyvale Financing Authority - 7 PM (or soon thereafter) 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 May 24, 2022. Vice Mayor Cisneros called the meeting to order at 5:00 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. Public Comment Public Comment opened at 5:01 p.m. Markus Bracamonte, member, Sunnyvale Employees’ Association (SEA) bargaining team voiced concerns regarding recruiting and retention issues for City of Sunnyvale Facilities Division positions and urged Council to accept the SEA proposals. City of Sunnyvale Page 1 City Council Meeting Minutes June 7, 2022 Edith Alanis, President, SEA communicated urgency for Council to approve an agreement with SEA prior to the end of the current memorandum of understanding. Public Comment closed at 5:07 p.m. Convene to Closed Session A 22-0483 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 B 22-0605 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) C 22-0606 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: Service Employees International Union (SEIU) D 22-0457 Closed Session Held Pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney E 22-0458 Closed Session held pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager City of Sunnyvale Page 2 City Council Meeting Minutes June 7, 2022 Adjourn Special Meeting Vice Mayor Cisneros adjourned the meeting at 6:54 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 May 24, 2022. Mayor Klein called the meeting to order at 7:00 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 Councilmembers Larsson, Melton, Din, Spitaleri attended via teleconference. Councilmember Hendricks joined the meeting at 7:03 p.m. 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. 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); nothing to report. Vice Mayor Cisneros reported that Council met in Closed Session Conference with City of Sunnyvale Page 3 City Council Meeting Minutes June 7, 2022 Labor Negotiators Agency designated representatives: Tina Murphy, Director of Human Resources Employee organization: Service Employees International Union (SEIU); nothing to report. Vice Mayor Cisneros reported that Council met in Closed Session Conference: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney; nothing to report. Vice Mayor Cisneros reported that Council met in Closed Session Conference: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager; nothing to report. SPECIAL ORDER OF THE DAY F 22-0096 Ceremonial Oath of Office for Board and Commission Members City Clerk David Carnahan administered the Ceremonial Oath of Office to incoming Board and Commission Members. G 22-0441 Lesbian, Gay, Bisexual, Transgender and Queer Pride Month Mayor Klein read a proclamation in honor of Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month. Saldy Suribem, Silicon Valley Pride, spoke on the proclamation and invited the community to attend the LGBTQ Pride Celebration. ORAL COMMUNICATIONS Councilmember Din shared two upcoming event announcements; Sustainability Speaker Series: A Changing Climate: Through the Lens of Equity and Resiliency and the EV Ride and Drive Event. Martin Pyne, Political Director, Sunnyvale Democratic Club announced their upcoming endorsement interviews for democratic candidates for Sunnyvale City Council. Stephen Meier voiced concerns regarding the recent budget decision to fund the irrigation system at the Sunnyvale Municipal Golf Course. CONSENT CALENDAR City of Sunnyvale Page 4 City Council Meeting Minutes June 7, 2022 Public Comment opened at 7:16 p.m. Member of the public shared disapproval of agenda item 1.A and how their public comment was transcribed in the meeting minutes. Public Comment closed at 7:18 p.m. MOTION: Vice Mayor Cisneros moved and Councilmember Din 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 Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 1.A 22-0537 Approve City Council Meeting Minutes of May 10, 2022 (Draft El Camino Real Specific Plan Study Session | Board and Commission Interviews) Approve the City Council Meeting Minutes of May 10, 2022 as submitted. 1.B 22-0561 Approve City Council Meeting Minutes of May 19, 2022 (Budget Workshop) Approve the City Council Meeting Minutes of May 19, 2022 as submitted. 1.C 22-0562 Approve City Council Meeting Minutes of May 24, 2022 Approve the City Council Meeting Minutes of May 24, 2022 as submitted. 1.D 22-0179 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 22-0567 Receive and File the City of Sunnyvale Investment Report - First Quarter 2022 City of Sunnyvale Page 5 City Council Meeting Minutes June 7, 2022 Receive and file the City of Sunnyvale - First Quarter 2022 Investment Report. 1.F 22-0373 Award of Contract to Mark Thomas & Company, Inc., for Stevens Creek Trail Extension (F22-047) - Award a Consultant Services Agreement in an amount not to exceed $3,428,221 in substantially the same form as Attachment 1 to Mark Thomas & Company, Inc. of San Jose; - Approve a 10% a contingency in the amount of $342,822; and - Authorize the City Manager to execute the contract when all necessary conditions have been met. 1.G 22-0560 Award of Contract to Spencon Construction for Concrete Sidewalk, Curb, Gutter and Driveway Approaches 2022 and Finding of California Environmental Quality Act (CEQA) Categorical Exemption (PW22-07) - Award a contract in substantially the same form as Attachment 3 to the report in the amount of $1,362,521 to Spencon Construction of San Ramon; - Make a finding of categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(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 $136,252. 1.H 22-0584 Award of Contract to Graham Contractors for Slurry Seal 2022 and Finding of California Environmental Quality Act (CEQA) Categorical Exemption (PW22-06) - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $1,165,927.70 to Graham Contractors of San Jose; - Make a finding of categorical exemption from the California Environmental Act (CEQA) pursuant to CEQA Guidelines Section 15301(c); - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Approve a 10% construction contingency in the amount of $116,593. 1.I 22-0411 Approve the FY 2022/23 Preliminary Engineer’s Report for the Downtown Parking District Assessment, Adopt a Resolution of Intention to Levy and Collect an Assessment for the Downtown Parking Maintenance District for FY 2022/23, and Set the Date of July 26, 2022 for the Public Hearing on the Proposed City of Sunnyvale Page 6 City Council Meeting Minutes June 7, 2022 Assessment Approve the Fiscal Year (FY) 2022/23 preliminary Engineer’s Report for the Downtown Parking District Assessment, adopt a Resolution of Intention to Levy and Collect an Assessment for the Downtown Parking Maintenance District for FY 2022/23, and set the date of July 26, 2022 for the public hearing on the levy of the proposed Assessment. 1.J 22-0452 Adopt a Resolution to Approve Road Maintenance and Rehabilitation Proposed Projects List for the Road Repair and Accountability Act of 2017 - Local Streets and Roads (SB 1) Funding Program Adopt a Resolution to approve the Road Maintenance and Rehabilitation Updated Proposed Projects List for the Road Repair and Accountability Act of 2017 - Local Streets and Roads Funding Program and find the action exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b) (4) as it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment. 1.K 22-0585 Adopt a Resolution Calling a General Municipal Election to be Held in the City of Sunnyvale on Tuesday, November 8, 2022 for the Election of Councilmembers from Districts 1, 3 and 5; Requesting Consolidation with the Statewide General Election and Election Services from the Santa Clara County Board of Supervisors; Providing Regulations for Candidates’ Statements Adopt a Resolution calling a General Municipal Election to be held in the City of Sunnyvale on Tuesday, November 8, 2022 for the election of Councilmembers to Districts 1, 3 and 5; Requesting consolidation with the Statewide General Election and Election Services from the Santa Clara County Board of Supervisors; and Providing regulations for Candidates’ Statements. PUBLIC HEARINGS/GENERAL BUSINESS 2 22-0580 Approve Budget Modification No. 22 to Appropriate $1,000,000 of Silicon Valley Clean Energy (SVCE) Community Resilience Program - Capital Projects Grant Funds for the purchase and installation of solar photovoltaics and battery energy storage system as part of the Civic Center Modernization Project (831340) and Ratification of the City Manager’s Execution of City of Sunnyvale Page 7 City Council Meeting Minutes June 7, 2022 the Grant Agreement with SVCE. Environmental Services Director Ramana Chinnakotla provided the staff report. Public Hearing opened at 7:27 p.m. No Speakers. Public Hearing closed at 7:27 p.m. MOTION: Councilmember Larsson moved and Councilmember Hendricks seconded the motion to approve Alternative 1. Approve Budget Modification No. 22 to appropriate Silicon Valley Clean Energy Community Resilience - Capital Projects grant funds in the amount of $1,000,000 to the Civic Center Modernization project (831340) and ratify the City Manager’s execution of the Grant Agreement with SVCE. 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 ADJOURNMENT TO SPECIAL 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 7:36 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 May 24, 2022. Authority Chair / Mayor Klein called the joint City Council and Sunnyvale Financing Authority meeting to order at 7:36 p.m. via teleconference. Roll Call City of Sunnyvale Page 8 City Council Meeting Minutes June 7, 2022 Present: 7 - Authority Chair / Mayor Larry Klein Authority Vice Chair / Vice Mayor Alysa Cisneros Authority Member / Councilmember Gustav Larsson Authority Member / Councilmember Glenn Hendricks Authority Member / Councilmember Russ Melton Authority Member / Councilmember Omar Din Authority Member / Councilmember Anthony (Tony) Spitaleri Authority Chair / Mayor Klein, Authority Vice Chair / Vice Mayor Cisneros and all Authority Members / Councilmembers attended via teleconference. Consent Calendar Public Comment Open at 7:38 p.m. No Speakers. Public Comment Closed at 7:38 p.m. MOTION: Authority Vice Chair Cisneros moved and Authority Member Larsson seconded the motion to approve agenda item 3.A. The motion carried with the following vote: Yes: 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 Spitaleri No: 0 3.A 22-0566 Approve Sunnyvale Financing Authority Meeting Minutes of May 24, 2022 Approve the Sunnyvale Financing Authority Meeting Minutes of May 24, 2022 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS 4 22-0217 Annual City Council Public Hearing on FY 2022/23 Budget and Resource Allocation Plan and Establishment of Appropriations City of Sunnyvale Page 9 City Council Meeting Minutes June 7, 2022 Limit and Sunnyvale Financing Authority Public Hearing on FY 2022/23 Budget Finance Director Tim Kirby provided the staff report. Public Hearing opened at 7:45 p.m. Stephen Meier shared agreement with comments regarding the golf and tennis enterprise funds operating differently than other enterprise funds. Public Hearing closed at 7:46 p.m. No action taken. ADJOURN JOINT CITY COUNCIL/SUNNYVALE FINANCING AUTHORITY MEETING Authority Chair / Mayor Klein adjourned the joint City Council and Sunnyvale Financing Authority meeting at 7:46 p.m. RECONVENE TO CITY COUNCIL MEETING Mayor Klein reconvened the City Council Meeting at 7:46 p.m. PUBLIC HEARINGS/GENERAL BUSINESS CONTINUED 5 22-0621 Annual Review of Proposed Fees and Charges for Fiscal Year 2022/23 Finance Director Tim Kirby provided the staff report. Public Hearing opened at 7:50 p.m. No Speakers. Public Hearing closed at 7:51 p.m. No action taken. 6 22-0315 Consider Adoption of a Resolution in Support of the Efforts of the Amah Mutsun Tribal Band to Preserve Sargent Ranch/Juristac as Open Space Community Development Director Trudi Ryan provided the staff report. Public Hearing opened at 7:52 p.m. City of Sunnyvale Page 10 City Council Meeting Minutes June 7, 2022 Barry Vickrey, Sunnyvale Presbyterian Church shared the Church sent a letter of support of the Amah Mutsu tribe to Santa Clara County authorities and urge Council to pass a resolution in support as well. Josh Marxen, Show up for Racial Justice (SURJ) Sacred Heart, Extinction Rebellion Silicon Valley, and Extinction Rebellion San Francisco Bay Area communicated support for Sunnyvale discussing these types of issues and hope for passing of a resolution. Alice Kaufman, Green Foothills urged Council to adopt a resolution, highlighting the importance of Juristac to the local environment and region. Mike Serrone, Boardmember, Livable Sunnyvale and Sunnyvale Democratic Club voiced support for passing a resolution and shared the importance of protecting Juristac. Emeric Bisbee shared support for City Council to pass a resolution and voiced opposition to mining on Juristac lands. Tara Martin-Milius shared support for protecting Juristac and passing of a resolution. Valentin Lopez, Chairman, Amah Mutsun Tribal Band shared local indigenous history and reasons to protect and preserve Juristac along with the history and heritage of the many indigenous peoples who once lived in the region. Dennis Dowling, Boardmember, California Native Garden Foundation shared a presentation on local indigenous horticulture and implored council to pass a resolution supporting the Amah Mutsun efforts to preserve Sargent Ranch/Juristac as open space. Lou Chiaramonte, Jr., South Bay Indigenous Solidarity spoke in support of a resolution and for protecting the Amah Mutsun and Juristac. Linda Sell communicated support for City Council bringing forward a resolution and the importance of protecting Juristac and indigenous sacred sites. Tedde Simon, Member, Navajo Nation, Indigenous Justice Advocate, ACLU Northern California spoke in solidarity with the Amah Mutsun Tribal Band and urged City of Sunnyvale Page 11 City Council Meeting Minutes June 7, 2022 Council to adopt a resolution. Public Hearing closed at 8:10 p.m. MOTION: Vice Mayor Cisneros moved and Councilmember Larsson seconded the motion to approve Alternative 2: Adopt a Resolution (Attachment 2) in support of the efforts of the Amah Mutsun Tribal Band to preserve Sargent Ranch/Juristac as open space with the following modifications: - Remove the organization names from the last “Whereas” on Page 1l and - Add language at the end of the Resolution regarding finding funding for a conservancy agency to purchase and preserve the land in perpetuity. 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 MOTION: Councilmember Hendricks moved and Vice Mayor Cisneros seconded the motion to authorize the Mayor to work with Staff as appropriate to write any additional advocacy letters that may be required in support of the efforts of the Amah Mutsun Tribal Band to preserve Sargent Ranch/Juristac. 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 June 7, 2022 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS None. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Spitaleri sponsored a study issue to evaluate funding a full-time position to address homeless concerns in the City of Sunnyvale. The study would look at the current impacts on City services and departments, current City impact on the budget, and potential future costs for the City in providing services to the homeless. Mayor Klein, Vice Mayor Cisneros, and Councilmembers Melton and Din co-sponsored the study issue. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 22-0563 Tentative Council Meeting Agenda Calendar 22-0564 Board/Commission Meeting Minutes 22-0565 Information/Action Items 22-0046 Notice of Public Works Director’s Decision on Final Maps (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 8:44 p.m. City of Sunnyvale Page 13