City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, July 12, 2022 5:30 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Closed Session - 5:30 PM | Regular Meeting - 7 PM | Regular Meeting of the Sunnyvale Financing Authority - 7 PM (or soon thereafter) 5:30 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 June 21, 2022. Vice Mayor Cisneros called the meeting to order at 5:30 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 5:32 p.m. No speakers. Public Comment closed at 5:32 p.m. Convene to Closed Session A 22-0650 Closed Session Held Pursuant to California Government Code Section 54956.95(b): City of Sunnyvale Page 1 City Council Meeting Minutes July 12, 2022 CONFERENCE WITH LEGAL COUNSEL-SETTLEMENT OF WORKER’S COMPENSATION CLAIM Closed Session Held Pursuant to California Government Code Section 54956.95(b): Wilkes, Brian v. City of Sunnyvale (WCAB ADJ1382171) B 22-0651 CONFERENCE WITH LEGAL COUNSEL-SETTLEMENT OF WORKER’S COMPENSATION CLAIM Closed Session Held Pursuant to California Government Code Section 54956.95(b): Sartwell, Timothy v. City of Sunnyvale (WCAB ADJ10895837) C 22-0652 CONFERENCE WITH LEGAL COUNSEL-SETTLEMENT OF WORKER’S COMPENSATION CLAIM Closed Session Held Pursuant to California Government Code Section 54956.95(b): Drewniany, Steve v. City of Sunnyvale (WCAB ADJ15723063, ADJ 15509832 & ADJ 15509854) D 22-0724 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 E 22-0725 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) Adjourn Special Meeting Vice Mayor Cisneros adjourned the meeting at 7:01 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 City of Sunnyvale Page 2 City Council Meeting Minutes July 12, 2022 by adopting Resolution No. 1089-21, reaffirmed on June 21, 2022. Mayor Klein called the meeting to order at 7:05 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 Held Pursuant to California Government Code Section 54956.95(b): Conference with Legal Counsel-Settlement of Worker’s Compensation Claim Closed Session Held Pursuant to California Government Code Section 54956.95(b): Wilkes, Brian v. City of Sunnyvale (WCAB ADJ1382171); nothing to report. Vice Mayor Cisneros reported that Council met in Conference with Legal Counsel-Settlement of Worker’s Compensation Claim Closed Session Held Pursuant to California Government Code Section 54956.95(b): Sartwell, Timothy v. City of Sunnyvale (WCAB ADJ10895837); nothing to report. Vice Mayor Cisneros reported that Council met in Conference with Legal Counsel-Settlement of Worker’s Compensation Claim Closed Session Held Pursuant to California Government Code Section 54956.95(b): Drewniany, Steve v. City of Sunnyvale (WCAB ADJ15723063, ADJ 15509832 & ADJ 15509854); 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: Sunnyvale Employees’ Association (SEA)/IFPTE Local 21; nothing to report. City of Sunnyvale Page 3 City Council Meeting Minutes July 12, 2022 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: Service Employees International Union (SEIU); nothing to report. ORAL COMMUNICATIONS Mayor Klein made an announcement on a potential gun safety ballot measure introduced by Councilmembers to be on the 2022 ballot and explained why the City would not introduce a new ballot measure for the November 2022 election due to lack of sufficient preparation time. Councilmember Larsson announced the current Board and Commission recruitment openings and the commencement of the candidate nomination period for the election of City Councilmembers for Districts 1, 3 and 5. Councilmember Hendricks spoke to the Mayor’s announcement regarding a potential ballot measure. Zachary Kaufman announced he will be requesting to pull a Consent Calendar Item. Britt Dawson raised safety concerns regarding a unhoused encampment at Lakewood Park. Judith Fernandez shared their concerns on the growing unhoused encampment at Lakewood Park. Dr. Vairavel voiced safety concerns about their experience with unleashed dogs at Sunnyvale public parks and asked if new schools will be opening in the San Miguel neighborhood. Vanessa Scrudder spoke on the expanding unhoused encampment at Lakewood Park and if a City task force can be created to study the issue. CONSENT CALENDAR Mayor Klein stated his vote would be a recusal on agenda items 1.D, 1.E and 1.F Zachary Kaufman requested agenda item 1.D be pulled from the Consent Calendar. MOTION: Vice Mayor Cisneros moved and Councilmember Din seconded the City of Sunnyvale Page 4 City Council Meeting Minutes July 12, 2022 motion to approve agenda items 1.A through 1.C and 1.E through 1.F. The motion carried for agenda items 1.A through 1.C with the following vote: Yes: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 The motion carried for agenda items 1.E through 1.F with the following vote: Yes: 6 - Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 Recused: 1 - Mayor Klein 1.A 22-0182 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 22-0610 Authorize the Issuance of Purchase Agreement to Univar Solutions USA for Purchase of Sodium Hypochlorite at the Water Pollution Control Plant (F22-158) Authorize the issuance of a purchase agreement to Univar Solutions USA, Inc., in the not to exceed amount of $300,000 for the purchase of sodium hypochlorite; and Authorize the City Manager to amend the not-to-exceed amount, subject to available budget and if pricing and service remain acceptable to the City. 1.C 22-0702 Reconsider and Affirm Resolution No. 1089-21; and Make Findings Pursuant to Government Code Section 54953(e) (AB City of Sunnyvale Page 5 City Council Meeting Minutes July 12, 2022 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 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. 1130-22 adopted on June 28, 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.D 22-0734 Adopt Ordinance No. 3194-22 to add Chapter 19.36 (El Camino Real Specific Plan District) to Title 19 (Zoning) of the Sunnyvale Municipal Code, Amending the Zoning Districts Map and Rezoning Property within the El Camino Real Specific Plan District, Adding Chapter 3.54 (El Camino Real Specific Plan Transportation Impact Fee) and Making Other Amendments to Title 19 (Zoning) of the Sunnyvale Municipal Code Public Comment opened at 7:30 p.m. Zachary Kaufman shared their displeasure with the public comment process and emailing the Planning Commission and City Council regarding the El Camino Real Specific Plan. Public Comment closed at 7:32 p.m. MOTION: Councilmember Melton moved and Councilmember Din seconded the motion to adopt Ordinance No. 3194-22 The motion carried with the following vote: City of Sunnyvale Page 6 City Council Meeting Minutes July 12, 2022 Yes: 6 - Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri No: 0 Recused: 1 - Mayor Klein 1.E 22-0735 Adopt Ordinance No. 3195-22 amending the Precise Zoning Plan, Zoning Districts Map, to Re-Zone certain properties located at 510, 530, 550, AND 570 FALL RIVER TERRACE from C-2/PD (HIGHWAY BUSINESS/PLANNED DEVELOPMENT) to R-3/PD (MEDIUM DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) Adopt Ordinance No. 3195-22. 1.F 22-0736 Adopt Ordinance No. 3196-22 amending the Precise Zoning Plan, Zoning Districts Map, to Re-Zone certain properties located at 1075, 1079, 1080, 1083, 1084, 1087, AND 1088 ED ROTH TERRACE FROM C-2/ECR (HIGHWAY BUSINESS/EL CAMINO REAL) TO R-3/PD (MEDIUM DENSITY RESIDENTIAL/PLANNED DEVELOPMENT) Adopt Ordinance No. 3196-22. ADJOURNMENT TO REGULAR MEETING OF THE SUNNYVALE FINANCING AUTHORITY Mayor Klein adjourned the Council meeting to the 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 Financing Authority made the necessary findings by adopting Resolution No. 1105-22FA, reaffirmed on June 21, 2022. Authority Chair Klein called the Sunnyvale Financing Authority meeting to order at 7:36 p.m. via teleconference. City of Sunnyvale Page 7 City Council Meeting Minutes July 12, 2022 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 Klein, Authority Vice Chair Cisneros and all Authority Members attended via teleconference. Consent Calendar Public Comment opened at 7:38 p.m. No Speakers. Public Comment closed at 7:38 p.m. MOTION: Authority Vice Chair Cisneros moved and Authority Member Melton seconded the motion to approve agenda 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 22-0384 Approve Sunnyvale Financing Authority Meeting Minutes of June 21, 2022 Approve the Sunnyvale Financing Authority Meeting Minutes of June 21, 2022 as submitted. City of Sunnyvale Page 8 City Council Meeting Minutes July 12, 2022 2.B 22-0703 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 Financing Authority During the COVID-19 State of Emergency Affirm Resolution 110522FA; and make findings pursuant to Government Code Section 54953(e) (AB 361) to continue virtual public meetings for the Financing Authority during the COVID19 State of Emergency: 1. The Financing Authority Board has found and determined that the state of emergency conditions related to COVID19, as set forth in City of Sunnyvale Resolution No. 111522 adopted on May 3, 2022, and incorporated herein by reference, are ongoing; 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 COVID19 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 7:39 p.m. RECONVENE TO CITY COUNCIL MEETING Mayor Klein reconvened the City Council Meeting at 7:39 p.m. PUBLIC HEARINGS/GENERAL BUSINESS 3 22-0732 Receive Real Property Transfer Tax Polling Results and Provide Direction to Staff on Next Steps Assistant Direct of Finance Dennis Jaw and Curt Below, FM 3 Research provided the staff report and presentation. Public Hearing opened at 8:40 p.m. Dr. Vairavel inquired if their questions asked during Oral Communications will be addressed by Council. City of Sunnyvale Page 9 City Council Meeting Minutes July 12, 2022 Mason Fong shared polling results from the recently passed San Jose real property transfer tax and suggested possible voter turnout for such a ballot measure in Sunnyvale. Ryan Carrigan spoke to the many fast changing variables to consider when considering a real property transfer tax. Linda Sell spoke on the polling results. Stephen Meier spoke on the current residential housing prices in Sunnyvale and how this tax can provide funding for much needed city services. Public Hearing closed at 8:51 p.m. MOTION: Councilmember Spitaleri moved and Councilmember Melton seconded the motion to approve Alternative 4: Direct staff to not return to Council with actions necessary to place a ballot measure on the November 2022 ballot to increase the Real Property Transfer Tax. The motion failed with the following vote: Yes: 3 - Councilmember Hendricks Councilmember Melton Councilmember Spitaleri No: 4 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Din MOTION: Councilmember Din moved to approve Alternative 2: Direct staff to return to Council with actions necessary to place a ballot measure on the November 2022 ballot to increase the Real Property Transfer Tax, changing the tax floor to $4 million and add language to adjust the tax floor to $4.5 million at the discretion of staff. Motion failed for lack of a second. MOTION: Councilmember Din moved and Councilmember Larsson seconded the motion to approve Alternative 1: Direct staff to return to Council with actions necessary to place a ballot measure on the November 2022 ballot to increase the City of Sunnyvale Page 10 City Council Meeting Minutes July 12, 2022 Real Property Transfer Tax from $.55/$1,000 to $7.50/$1,000 for sales over $4 million and tie the tax floor amount to a housing index other than CPI at the discretion of staff. The motion carried with the following vote: Yes: 4 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Din No: 3 - Councilmember Hendricks Councilmember Melton Councilmember Spitaleri Council took a recess at 10:02 p.m. and reconvened at 10:07 p.m. with all Councilmembers present via teleconference. 4 22-0698 Reconsider Selection of Name for the New City Park Located at One Redwood Place (Previous AMD site) Deputy City Manager Jaqui Guzmán provided the staff report. Public Hearing opened at 10:38 p.m. Mike Serrone voiced support for several suggested names for the new city park and shared a concern naming the park after an individual. Martin Pyne spoke towards naming the new city park after an individual and how park names can spark further interest and education from the public. Stephen Meier spoke in support of naming the park after one of the suggested names provided by the Muwekma Ohlone Tribe. Agnes Veith voiced disagreement with the sediment of selecting a park name based on how easy it is to pronounce. Neela Shukla commented on the Council discussion whether to name the park with a name that’s easily pronounced by residents. City of Sunnyvale Page 11 City Council Meeting Minutes July 12, 2022 Public Hearing closed at 10:46 p.m. MOTION: Councilmember Hendricks moved and Councilmember Melton seconded the motion to approve Alternative 2: Rescind Council’s May 3, 2022 motion to name the new City Park located at One Redwood Place “Shellmound Park,” and select a name for the new City Park from the list of suggested names in AMD Site Park Naming Suggestions: Muwekma Park. The motion carried with the following vote: Yes: 5 - Mayor Klein Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Spitaleri No: 2 - Vice Mayor Cisneros Councilmember Din 5 22-0733 Appoint Applicant to the Personnel Board City Clerk David Carnahan provided the staff report. Public Hearing opened at 10:57 p.m. No speakers. Public Hearing closed at 10:57 p.m. City Clerk David Carnahan conducted a random order roll call vote, tallied the votes and reported the result as follows: Personal Board (1 vacancy) Deepali Lugani (only preference) Vote: 6-0-1 (Abstention by Councilmember Hendricks) Deepali Lugani was appointed to the Personal Board to serve the term expiring 6/30/2026. 6 22-0461 Consider Amending the Employment Agreement between the City of Sunnyvale and City Attorney John A. Nagel to Modify the City Attorney Salary and/or Benefits, and Adopt a City of Sunnyvale Page 12 City Council Meeting Minutes July 12, 2022 Resolution Amending the Salary Resolution Schedule of Pay to Adjust the City Attorney Salary Range City Attorney John Nagel stated agenda item 6 relates to his employment agreement, he recused himself due to this conflict of interest, and left the teleconference meeting at 10:59 p.m. Director of Human Resources Tina Murphy provided the staff report Public Hearing opened at 11:03 p.m. No speakers. Public Hearing closed at 11:03 p.m. MOTION: Councilmember Larsson moved and Councilmember Spitaleri seconded the motion to approve Alternative 1: Adopt a Resolution amending the City’s Salary Resolution to increase the salary range for the City Attorney position by 5% from $290,432 to $304,954, effective July 24, 2022; and authorize the Mayor to execute an amendment to the City Attorney’s Employment Agreement, reflecting the salary and benefit changes directed by Council and allow the City Attorney to cash out up to 200 hours of Paid Time Off (PTO) from the existing PTO balance on a one-time basis, in addition to any hours already designated for PTO cashout in calendar year 2022. 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 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS None. NON-AGENDA ITEMS & COMMENTS -Council City of Sunnyvale Page 13 City Council Meeting Minutes July 12, 2022 Councilmember Spitaleri spoke on the email and letter he sent to Mayor Klein regarding agendizing a potential ballot measure to address gun safety and addressed any inadvertent violation of the Ralph M. Brown Act. MOTION: Councilmember Spitaleri moved and Councilmember Din seconded the motion to schedule a study session to take place on September 13, 2022, to evaluate and discuss potential new gun safety measures in Sunnyvale. FRIENDLY AMENDMENT: Mayor Klein offered a friendly amendment to give Mayor Klein the flexibility to schedule a meeting within 60 days of the conclusion of the study session to address the item on the agenda. Councilmember Spitaleri accepted the friendly amendment. FRIENDLY AMENDMENT: Councilmember Din offered a friendly amendment to exclude any gun safety measures already included in state or federal law. Councilmember Spitaleri declined to accept the friendly amendment. The motion as amended failed with the following vote: Yes: 0 No: 7 - Mayor Klein Vice Mayor Cisneros Councilmember Larsson Councilmember Hendricks Councilmember Melton Councilmember Din Councilmember Spitaleri Councilmembers discussed potential violations of the Ralph M. Brown Act that occurred and how Councilmembers and appointed Board and Commission Members can avoid similar situations in the future. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 22-0607 Tentative Council Meeting Agenda Calendar City of Sunnyvale Page 14 City Council Meeting Minutes July 12, 2022 22-0634 Board/Commission Meeting Minutes 22-0662 Information/Action Items 22-0708 Board/Commission Resignation (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 11:47 p.m. City of Sunnyvale Page 15