City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, June 27, 2023 5:30 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 5:30 PM | Regular Meeting - 7 PM 5:30 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Vice Mayor Din called the meeting to order at 5:32 p.m. Roll Call Present: 6 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell Absent: 1 - Councilmember Alysa Cisneros Public Comment Public Comment opened at 5:33 p.m. No speakers. Public Comment closed at 5:33 p.m. Convene to Closed Session Council convened to Closed Session in the Council Conference Room at 5:34 p.m. A 23-0505 Closed Session Held Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Ad Hoc Committee on City Attorney Compensation Council Members: Klein, Din, Cisneros Unrepresented Employee: City Attorney City of Sunnyvale Page 1 City Council Meeting Minutes June 27, 2023 B 23-0623 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 Managers Association (SMA) Adjourn Special Meeting Vice Mayor Din adjourned the meeting at 6:07 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:00 p.m. SALUTE TO THE FLAG Mayor Klein led the salute to the United States flag. ROLL CALL Present: 6 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell Absent: 1 - Councilmember Alysa Cisneros CLOSED SESSION REPORT Vice Mayor Din reported that Council met in Closed Session Held Pursuant to California Government Code Section 54957: Conference with Labor Negotiators Agency designated representatives: Ad Hoc Committee on City Attorney Compensation. Council Members: Klein, Din, Cisneros Unrepresented Employee: City Attorney; nothing to report. Vice Mayor Din reported that Council met in Closed Session Held Pursuant to California Government Code Section 54957: Conference with Labor Negotiators City of Sunnyvale Page 2 City Council Meeting Minutes June 27, 2023 Agency Designated Representatives: Tina Murphy, Director of Human Resources Employee Organization: Sunnyvale Managers Association (SMA); nothing to report. SPECIAL ORDER OF THE DAY C 23-0377 Parks and Recreation Month Mayor Klein spoke in recognition of Parks and Recreation Month. ORAL COMMUNICATIONS Councilmember Melton announced the current Board and Commission recruitment openings. Debra King shared an update on neighborhood concerns with mobile homes in the Cherry Chase neighborhood. Sharon Salmons communicated their concerns with mobile homes parked in the Cherry Chase neighborhood. CONSENT CALENDAR Public Comment opened at 7:15 p.m. No speakers. Public Comment closed at 7:15 p.m. MOTION: Vice Mayor Din moved and Councilmember Melton seconded the motion to approve agenda items 1.A through 1.I. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 Absent: 1 - Councilmember Cisneros 1.A 23-0272 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager City of Sunnyvale Page 3 City Council Meeting Minutes June 27, 2023 Approve the list(s) of claims and bills. 1.B 23-0641 Adopt a Resolution Amending the City’s Salary Resolution and Schedule of Pay to Increase Salaries for Pay Plan Category C (Public Safety Officers Association) and Pay Plan Category M (Public Safety Managers Association) Effective July 9, 2023 Adopt a Resolution amending the City’s Salary Resolution and Schedule of Pay to increase salaries for Pay Plan Category C (Public Safety Officers Association) and Pay Plan Category M (Public Safety Managers Association) effective July 9, 2023. 1.C 23-0661 Adopt a Resolution Amending the Classification Plan and the City’s Salary Resolution to Add the Classifications of Economic Development Specialist, Geographic Information Systems (GIS) Specialist I/II, Senior Management Analyst (Grant Funded), and Senior Accountant (Grant Funded) Adopt a Resolution amending the Classification Plan and the City’s Salary Resolution to add the Classifications of Economic Development Specialist, Geographic Information Systems (GIS) Specialist I/II, Senior Management Analyst (Grant Funded) and Senior Accountant (Grant Funded) effective July 9, 2023. 1.D 23-0537 Approve Budget Modification No. 24 to appropriate Silicon Valley Clean Energy Community Decarbonization Demonstration Grant funds in the Amount of $500,000 to 830600 - Lakewood Branch Library Facility and 831290 - Climate Action Plan Implementation Approve Budget Modification No. 24 to appropriate Silicon Valley Clean Energy Community Decarbonization Demonstration Grant funds in the amount of $500,000 to 830600 - Lakewood Branch Library Facility and 831290 - Climate Action Plan Implementation. 1.E 23-0660 Approve Budget Modification No. 25 to Appropriate Funds in the Amount of $1,250,000 from the General Fund Budget Stabilization Fund Reserve to the Department of Public Safety FY 2022/23 Operating Budget and Recognize Reimbursement Revenue and Appropriate Expenditures of $52,448 to Project 835150 and $28,922 to Project 835160 Approve Budget Modification No. 25 to appropriate funds in the amount of $1,250,000 from the General Fund Budget Stabilization Fund Reserve to Department of Public Safety (DPS) FY 2022/23 Operating Budget and recognize City of Sunnyvale Page 4 City Council Meeting Minutes June 27, 2023 reimbursement revenue and appropriate expenditures of $52,448 to Project 835150 and $28,922 to Project 835160 and approve that Program 12200 - Fire Services be allowed to exceed its appropriation threshold to the extent that other DPS programs (12100, 12300, 12400, 12500, 12600, 12700, 12800 and 12900) have available unspent budget funds at the close of the fiscal year. 1.F 23-0409 Approve Budget Modification No. 1 to Appropriate $128,783 to the Department of Public Safety Program 12702 for Increased Costs to the Crossing Guard Program Approve Budget Modification 1 to appropriate $128,783 to the Department of Public Safety Program 12702 for increased costs to the Crossing Guard Program. 1.G 23-0572 Award of Contract to Redwood Engineering Construction, Inc. for Playground Equipment Replacement 2022 Re-Bid, Make a Finding of California Environmental Quality Act (CEQA) Exemption Pursuant to CEQA Guidelines Section 15301(a), and Approval of Budget Modification No. 22 in the Amount of $571,565 (PW23-17) Take the following actions: - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $3,294,117 to Redwood Engineering Construction, Inc.; - Approve a 10% construction contingency in the amount of $329,412; - Authorize the City Manager to execute the contract when all necessary conditions have been met; - Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301(a); and - Approve Budget Modification No. 22 in the amount of $562,401. 1.H 23-0557 Authorize the Purchase of one Solid Waste Bag Shredder System from Komptech Americas LLC. (F23-131) and Find that this Action is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15301 Take the following actions: - Find that the action is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 and authorize the City Manager to issue a purchase order to Komptech Americas, LLC in the amount of $1,456,055 (including shipping, delivery, mechanical & electrical installation, start-up training, commissioning, and estimated sales tax.) for one Terminator 5200S-E Direct SL-Complete (Stationary) Slow Speed Shredder; and City of Sunnyvale Page 5 City Council Meeting Minutes June 27, 2023 - Approve a 4% contingency in the amount of $53,372. 1.I 23-0547 Authorize the Issuance of a Contract Purchase Agreement to Verizon Wireless for Cellular Wireless Service and Related Equipment (F23-136) Take the following actions: - Authorize the issuance of a contract purchase agreement with Verizon utilizing the terms included as Attachment 1 to the report to Verizon Wireless through the Calnet contract C4-CVD-19-001-03 and the terms included as Attachment 2 to the report to Verizon Wireless through the NASPO ValuePoint Master Agreement in the amount up to $850,000 from 7/1/2023 through 6/30/2026; and - Authorize the City Manager to renew the contract purchase agreements with Verizon Wireless for an additional three-year period, not-to-exceed annual budgeted amounts, subject to the continuation of the Calnet and NASPO ValuePoint Agreements. PUBLIC HEARINGS/GENERAL BUSINESS 2 23-0453 Proposed Utility Rate Increases for FY 2023/24 Rates for Water, Wastewater, and Solid Waste Utilities for Service Provided to Customers Within and Outside City Boundaries; Finding of California Environmental Quality Act (CEQA) Exemption Pursuant to Public Resource Code Section 21080(b)(8) and CEQA Guidelines Section 15273 Finance Director Tim Kirby provided the staff report and presentation. Public Hearing opened at 7:48 p.m. Larry Alba voiced their protest to the utility rate increase and asked for a senior citizen discount to rate increases. Angela Rausch shared their concerns regarding the increase of administrative and processing fees. Diane Bracken communicated concerns to how the utility rates are calculated and administered to residents. Stephen Meier spoke in support of reducing the impact of these rate increases for residents with limited incomes and against the continued public funding for golf. City of Sunnyvale Page 6 City Council Meeting Minutes June 27, 2023 Melissa Kersner voiced concerns with the language used to instruct rate payers how to protest the utility rate increases. Public Hearing closed at 8:01 p.m. MOTION: Councilmember Melton moved and Vice Mayor Din seconded the motion to approve Alternatives 1 and 2: Alternative 1: Find that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(8) and CEQA Guidelines Section 15273 because it approves rates and charges for the purposes of (1) meeting operating expenses, including employee wage rates and fringe benefits; (2) purchasing or leasing supplies, equipment or materials; (3) meeting financial reserve needs and requirements; and (4) obtaining funds for capital projects necessary to maintain current service levels; and Alternative 2: Adopt a Resolution increasing water rates by 4%, wastewater rates by 9%, and solid waste rates by 6% for Fiscal Year (FY) 2023/24. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 Absent: 1 - Councilmember Cisneros The City Council took a recess at 8:23 p.m. and reconvened at 8:32 p.m. with Mayor Klein, Vice Mayor Din and Councilmembers Melton, Mehlinger, Srinivasan and Sell present. 3 23-0667 Adopt Citywide Objective Design Standards and Take Related Actions to Adopt a Resolution to Establish Citywide Objective Design Standards for Multi-Family Residential and Mixed-Use Developments, Repeal the Mixed-Use Development Tool Kit and the High Density Residential Design Guidelines, Rename the Citywide Design Guidelines to Non-Residential Design City of Sunnyvale Page 7 City Council Meeting Minutes June 27, 2023 Guidelines, Direct the Director of Community Development to Administratively Update Other Adopted Design Guidelines to be Aligned with the new Objective Design Standards, Introduce an Ordinance to Amend Sunnyvale Municipal Code Section 19.37.020, and Find that the Action is Exempt from CEQA Pursuant to CEQA Guidelines Section 15061(b)(3) Associate Planner Kelly Cha and Bruce Brukaker, Principal, Placeworks, provided the staff report and presentation. Public Hearing opened at 9:14 p.m. No speakers. Public Hearing closed at 9:14 p.m. MOTION: Councilmember Mehlinger moved and Vice Mayor Din seconded the motion to approve Alternative 1: Take the following actions: a. Adopt a Resolution to establish Citywide Objective Design Standards for Multi-Family Residential and Mixed-Use Developments; b. Repeal the Mixed-Use Development Tool Kit and the High Density Residential Design Guidelines; c. Rename the Citywide Design Guidelines to Non-Residential Design Guidelines; d. Direct the Director of Community Development to administratively update other adopted design guidelines to be aligned with the new Citywide Objective Design Standards; e. Introduce an Ordinance to amend Sunnyvale Municipal Code Section 19.37.020; f. Find that the Action is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(b)(3); With the following modifications: a. To include semi-permeable pavers; b. The loading zone requirement threshold be set to a minimum of 10 units; c. Color contrasts used rather than darker colors; d. Direct staff to examine a point system for Chapter 3 aimed at supporting traditional architectural forms and the treatment for stories above 8 floors, include a 10% reduction in every 4 stories versus every 1 story, and return to Council with a report; and f. Drop the 3,000-Kelvin requirement to 2,700 Kelvin. FRIENDLY AMENDMENT: Mayor Klein offered a friendly amendment to include the City of Sunnyvale Page 8 City Council Meeting Minutes June 27, 2023 following: a. 15-point incentive for semi-permeable pavers; b. Define primary colors; c. Add battery storage equipment to the definitions of electrical equipment that needs to be shielded; and d. Set a 3,000-Kelvin standard with a 2,700 and 2,400 Kelvin point table for incentives as listed in Other Tables. Councilmember Mehlinger and Vice Mayor Din accepted the friendly amendment. City Clerk David Carnahan read the Ordinance title for the record. The motion as amended carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 Absent: 1 - Councilmember Cisneros The City Council took a recess at 9:54 p.m. and reconvened at 10:03 p.m. with Mayor Klein, Vice Mayor Din and Councilmembers Melton, Srinivasan and Sell present. Councilmember Mehlinger left the meeting at 9:54 p.m. 4 23-0563 Authorize the City Manager to Submit a Proposal to the City of Cupertino to Provide Solid Waste Processing Services Solid Waste Programs Division Manager Shikha Gupta provided the staff report and presentation. Public Hearing opened at 10:21 p.m. No speakers. Public Hearing closed at 10:21 p.m. MOTION: Vice Mayor Din moved and Councilmember Sell seconded the motion to City of Sunnyvale Page 9 City Council Meeting Minutes June 27, 2023 approve Alternative 1: Authorize the City Manager to respond to the CIty of Cupertino’s Request for Proposals (RFP) and negotiate with Cupertino and direct staff to return to Council upon successful negotiations for approval of an agreement with the City of Cupertino for the SMaRT Station to process Cupertino’s mixed waste. The motion carried with the following vote: Yes: 5 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Srinivasan Councilmember Sell No: 0 Absent: 2 - Councilmember Cisneros Councilmember Mehlinger 5 23-0659 Introduce an Ordinance Amending Sunnyvale Municipal Code Chapter 2.09 (Public Works Contracting) Related to the Contract Award Authority Threshold for City Council Finance Director Tim Kirby provided the staff report. Public Hearing opened at 10:25 p.m. No speakers. Public Hearing closed at 10:25 p.m. MOTION: Vice Mayor Din moved and Councilmember Srinivasan seconded the motion to approve Alternative 1: Introduce an Ordinance amending Sunnyvale Municipal Code Chapter 2.09 (Public Works Contracting) related to the contract award authority threshold for City Council in order to correct the error made in 2020 and make this particular subsection consistent with all others in Chapters 2.08 and 2.09. City Clerk David Carnahan read the Ordinance title for the record. The motion carried with the following vote: City of Sunnyvale Page 10 City Council Meeting Minutes June 27, 2023 Yes: 5 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Srinivasan Councilmember Sell No: 0 Absent: 2 - Councilmember Cisneros Councilmember Mehlinger COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Melton reported on the recent League of California Cities Tax and Revenue Policy Committee meeting. NON-AGENDA ITEMS & COMMENTS -Council Mayor Klein shared an update from the Caltrain Citizens Advisory Commission. -City Manager City Manager Kent Steffens announced Sunnyvale will be receiving a grant from the Bay Area Urban Security Initiative and the City is conducting a pilot for live language translation for public meetings. INFORMATION ONLY REPORTS/ITEMS 23-0646 Tentative Council Meeting Agenda Calendar 23-0648 Board/Commission Meeting Minutes 23-0658 Information/Action Items ADJOURNMENT Mayor Klein adjourned the meeting at 10:34 p.m. City of Sunnyvale Page 11