City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, June 25, 2024 7:00 PM Online and Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Regular Meeting - 7 PM 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:02 p.m. SALUTE TO THE FLAG Mayor Klein led the salute to the United States flag. ROLL CALL Present: 7 - Mayor Larry Klein Vice Mayor Murali Srinivasan Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Omar Din Councilmember Richard Mehlinger Councilmember Linda Sell SPECIAL ORDER OF THE DAY A 24-0341 Disability Pride Month Mayor Klein spoke in honor of Disability Pride Month. Angelica Holguin, Program Director, Silicon Valley Independent Living Center spoke in recognition of Disability Pride Month. B 24-0539 Recognition of Outgoing City Manager Assistant City Manager Sarah Johnson-Rios and Finance Director Tim Kirby spoke in honor of outgoing City Manager Kent Steffens. Elizabeth Vacca Representative of Senator Aisha Wahab communicated the Senator’s appreciation to City Manager Kent Steffens for their years of public City of Sunnyvale Page 1 City Council Meeting Minutes June 25, 2024 service. Patrick Ahrens, Representative of Assembly Member Evan Low shared the Assembly Member’s appreciation to City Manager Kent Steffens for their years of public service. Mayor Klein spoke in honor of outgoing City Manager Kent Steffens. City Manager Kent Steffens provided remarks on their service as Sunnyvale City Manager. Public Comment opened at 7:26 p.m. Glenn Hendricks voiced their appreciation to City Manager Kent Steffens for their years of service. Public Comment closed at 7:28 p.m. ORAL COMMUNICATIONS Michael Flores communicated concerns with the lack of public notice prior to road work being conducted in neighborhoods. Larry Alba shared their concerns regarding the City spending money on the East Channel Trail Study (F24-054). Jeff Braggin voiced concerns with the dangers to bicyclists caused by unsafe vehicle drivers. Councilmember Din announced the commencement of the candidate nomination period for the election of City Councilmembers for Districts 2, 4 and 6 along the office Mayor and the Independence Day Drone Show. Tara Martin-Milius shared appreciate for City Manager Kent Steffen’s service to the City and for the solstice event. CONSENT CALENDAR Public Comment opened at 7:41 p.m. No speakers. Public Comment closed at 7:41 p.m. City of Sunnyvale Page 2 City Council Meeting Minutes June 25, 2024 MOTION: Vice Mayor Srinivasan moved and Councilmember Din seconded the motion to approve agenda items 1.A through 1.H. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 1.A 24-0439 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 24-0242 Receive and File the City of Sunnyvale Investment Report - First Quarter 2024 Receive and file the City of Sunnyvale Investment Report - First Quarter 2024. 1.C 24-0598 Amend an Existing Four (4) Year Service Agreement with EOA Inc., to Add $100,000 for a Total Not to Exceed Amount of $330,351 for Fecal Indicator Bacteria Monitoring and Source Identification. (F24-190) and Make a Finding of California Environmental Quality Act (CEQA) Exemption Pursuant to CEQA Guidelines Section 15308. Take the following actions: 1. Authorize the City Manager to execute an amendment to the existing four (4) year service agreement with EOA Inc., in substantially the same form as Attachment 1 to the report, increasing the not-to-exceed amount by $100,000 for a new not-to-exceed total amount of $330,351; 2. Approve a 10% contingency in the amount of $33,035; 3. Authorize the City Manager to execute the contract amendment when all necessary conditions have been met; 4. Authorize the City Manager to increase the contract subject to the available budget and if pricing remains favorable to the City; and City of Sunnyvale Page 3 City Council Meeting Minutes June 25, 2024 5. Authorize the City Manager to extend the original contract for up to one (1) additional year based upon available funding, need, and acceptable pricing and service. 1.D 24-0645 Award an On-Call Engine Maintenance and Repair Contract in the Amount of $750,000 to Peterson Power Systems, Inc. (F24-208) Take the following actions: - Award a one year, on-call contract in a not-to-exceed amount of $750,000 to Peterson Power Systems, Inc. of Pasadena, CA, for on-call engine maintenance and repair services; - Authorize the City Manager to execute the contract when all conditions have been met; and - Authorize the City Manager to amend and renew the contract for up to three additional one-year periods, subject to available budget, if pricing and service remain acceptable to the City. 1.E 24-0686 Award of Contract in the Amount of $1,956,985.75 to O’Grady Paving, Inc. for Pavement Rehabilitation 2024-SB1 (PW24-12) and Finding of California Environmental Quality Act (CEQA) Categorical Exemption Pursuant to CEQA Guidelines Section 15301(c) Take the following actions: - Award a contract in substantially the same form as Attachment 3 to the report in the amount of $1,956,985.75 to O'Grady Paving, Inc. of Mountain View, CA; - Approve a 10% construction contingency in the amount of $195,699; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c). 1.F 24-0764 Award an On-Call Temporary Personnel Service Agreement to West Valley Staffing Group (WVSG) in the Amount of $350,000 to Fund Planning Consultant Services for the Department of Community Development (F24-259) Take the following actions: - Award a two (2) year on-call Temporary Personnel Service Agreement in substantially the same form as Attachment 1 to the report to West Valley Staffing Group (WVSG) in a not-to-exceed amount of $350,000; City of Sunnyvale Page 4 City Council Meeting Minutes June 25, 2024 - Authorize the City Manager to execute the contract when all necessary conditions have been met; - Authorize the City Manager to increase the contract subject to available budget and if pricing remains favorable to the City; and - Authorize the City Manager to renew the contract for up to two additional one-year periods. 1.G 24-0579 Approve and Authorize the City Manager to Sign a Memorandum of Agreement Between the Cities of Sunnyvale, Cupertino, Mountain View, and San José, and the County of San Benito to Design and Implement a Community-Scale Reusable Foodware System Funded by a United States Environmental Protection Agency Climate Pollution Reduction Grant in the amount of $48,346,219 Approve and authorize the City Manager to sign a Memorandum of Agreement between the cities of Sunnyvale, Cupertino, Mountain View and San José, and the County of San Benito for the United States Environmental Protection Agency Climate Pollution Reduction Grant for CommunityScale Reusable Foodware System Design and Implementation. 1.H 24-0544 Appoint a City of Sunnyvale Community Member Representative to the Valley Transportation Authority Bicycle and Pedestrian Advisory Committee Appoint Leia Mehlman as Sunnyvale's community member representative for the Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee (BPAC) for a two-year term, which begins on July 1, 2024 and ends on June 30, 2026. PUBLIC HEARINGS/GENERAL BUSINESS 2 24-0432 Adopt a Resolution to (1) Amend the Climate Action Playbook, (2) Adopt Game Plan 2028 and California Environmental Quality Act Greenhouse Gas Emissions Thresholds, and (3) Adopt a Negative Declaration for the Climate Action Playbook Update/Game Plan 2028 and California Environmental Quality Act Greenhouse Gas Emissions Thresholds Environmental Services Director Ramana Chinnakotla, Regulatory Programs Division Manager Melody Tovar and Environmental Programs Manager Madeline Khair provided the staff report and presentation. City of Sunnyvale Page 5 City Council Meeting Minutes June 25, 2024 Public Hearing opened at 8:21 p.m. Bruce Paton voiced support for the update to the Climate Action Playbook (CAP) and Game Plan 2028, in particular Strategy 2-Decarbonizing Buildings and Strategy 3-Decarbonizing Transportation & Sustainable Land Use. Kristel Whickham shared details of the City’s climate progress, including greenhouse gas reductions along with the importance of continuing this work to meet future goals. Rich Parenteau communicated support for the update to the CAP and the benefits of bi-directional electric vehicles. Member of the Public shared how some residents may follow CAP guidelines while others may disregard the guidance in the CAP. Doug Kunz voiced support for the update to the CAP and Game Plan 2028. Sufee Kathane, Sunnyvale Youth Climate Action, shared their experience educating elementary school students on climate friendly actions and support for the update to the CAP and Game Plan 2028. Maddy C., Sunnyvale Youth Climate Action, communicated support for the update to the CAP and Game Plan 2028 along with additional work on the Active Transportation Plan. Ella Chan, Sunnyvale Youth Climate Action, voiced support for the update to the CAP and Game Plan 2028, in particular Strategy 1-Promoting Clean Electricity. Cortney Jansen shared support for the update to the CAP and Game Plan 2028 and a request to ban artificial turf on City owned property. Ishaan Goel communicated support for the update to the CAP and Game Plan 2028. Tara Martin-Milius voiced support for the update to the CAP and Game Plan 2028. Sanjitha Pamukuntla, Sunnyvale Youth Climate Action, shared support for the update to the CAP and expanding the food scraps program to more school sites. City of Sunnyvale Page 6 City Council Meeting Minutes June 25, 2024 Brad Duplantier voiced support for the update to the CAP and Game Plan 2028 along with concerns if the aggressive goals in the CAP are achievable. Public Hearing closed at 8:47 p.m. MOTION: Councilmember Melton moved and Councilmember Mehlinger seconded the motion to approve Alternative 1 to adopt a Resolution to (1) Amend the Climate Action Playbook, (2) Adopt Game Plan 2028 and California Environmental Quality Act Greenhouse Gas Emissions Thresholds, and (3) Adopt a Negative Declaration for the Climate Action Playbook Update/Game Plan 2028 and California Environmental Quality Act Greenhouse Gas Emissions Thresholds. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 Council took a recess at 9:07 p.m. and reconvened at 9:16 p.m. with all Councilmembers present. 3 24-0384 Adopt a Resolution to Approve the Final Engineer’s Report, Confirm the Assessment, and Levy and Collect an Annual Assessment for the Downtown Parking Maintenance District for Fiscal Year 2024/25 Public Works Director Chip Taylor provided the staff report and presentation. Public Hearing opened at 9:20 p.m. No speakers. Public Hearing closed at 9:20 p.m. MOTION: Councilmember Melton moved and Councilmember Din seconded the City of Sunnyvale Page 7 City Council Meeting Minutes June 25, 2024 motion to approve Alternative 1: Adopt a Resolution to approve the final Engineer's Report, to confirm the assessment, and levy and collect an annual assessment for the Downtown Parking Maintenance District for FY 2024/25. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 4 24-0729 Second Reading and Adoption of Ordinance Ordering the Submission of a Proposition Incurring Bonded Indebtedness to the Qualified Voters at the November 5, 2024 General Municipal Election of a Proposition Incurring Bonded Indebtedness for the Purpose of Financing the Cost of Acquisition, Construction and Improvement of Certain Municipal Improvement Projects (Main Library) and Adoption of a Resolution Placing a Library General Obligation Bond Measure on Ballot and Consolidating the Measure with the November 5, 2024 General Election Assistant Finance Director Dennis Jaw provided the staff report and presentation. Public Hearing opened at 9:35 p.m. Sharlene Wang voiced support for a Library Bond Measure and for a new Main Library. Larry Alba shared a presentation regarding potential annual tax costs per parcel and a request to include similar data in the information for voters. Steve Scandalis voiced concerns with the description of the current Main Library in the potential ballot question. Mike Serrone communicated support for a Library Bond Measure and for a new Main Library. City of Sunnyvale Page 8 City Council Meeting Minutes June 25, 2024 Public Hearing closed at 9:45 p.m. MOTION: Councilmember Melton moved and Councilmember Mehlinger seconded the motion to approve Alternative 1: Conduct a second reading and adopt an Ordinance Ordering the Submission of a Proposition Incurring Bonded Indebtedness to the Qualified Voters at the November 5, 2024 General Municipal Election for the Purpose of Financing the Cost of Acquisition, Construction and Improvement of Certain Municipal Improvement Projects (Main Library) and adopt a Resolution Calling a General Municipal Election to be Held in the City of Sunnyvale on Tuesday, November 5, 2024, for the Purpose of Submitting to City Voters an Ordinance to Approve the Issuance of General Obligation Bonds to Finance Municipal Improvements Constituting Public Infrastructure of the City (New Main Library); Requesting Consolidation with the Statewide General Election and Election Services From Santa Clara County; Directing the City Attorney to Prepare an Impartial Analysis; Setting Priorities for Ballot Arguments; and directing the City Clerk as the City's Elections Official to submit a request to the Registrar of Voters to avoid assigning any recently used ballot measure letters to the November 5, 2024 ballot measures; and - Authorize City Council to submit an argument in support of the ballot measure and appoint Mayor Klein along Councilmembers Melton and Mehlinger to an ad hoc subcommittee to draft an argument for City Council to consider. FRIENDLY AMENDMENT: Councilmember Mehlinger offered a friendly amendment to replace in the first sentence of the Ballot Question, “Sunnyvale Library Measure” with “Sunnyvale Main Library Measure” and replace in the second sentence of the Ballot Question, “electrical and roofing” with “electrical, roofing”. Councilmember Melton accepted the friendly amendment. FRIENDLY AMENDMENT: Councilmember Mehlinger offered a friendly amendment to authorize Mayor Klein along with Councilmembers Melton and Mehlinger to write a rebuttal argument to an argument against this ballot measure. Councilmember Melton accepted the friendly amendment. MOTION AS AMENDED RESTATED: Councilmember Melton moved and Councilmember Mehlinger seconded the motion to approve Alternative 1: Conduct a second reading and Adopt an Ordinance Ordering the Submission of a Proposition Incurring Bonded Indebtedness to the Qualified Voters at the November 5, 2024 General Municipal Election for the Purpose of Financing the Cost of Acquisition, City of Sunnyvale Page 9 City Council Meeting Minutes June 25, 2024 Construction and Improvement of Certain Municipal Improvement Projects (Main Library) and adopt a Resolution Calling a General Municipal Election to be Held in the City of Sunnyvale on Tuesday, November 5, 2024 , for the Purpose of Submitting to City Voters an Ordinance to Approve the Issuance of General Obligation Bonds to Finance Municipal Improvements Constituting Public Infrastructure of the City (New Main Library); Requesting Consolidation with the Statewide General Election and Election Services From Santa Clara County; Directing the City Attorney to Prepare an Impartial Analysis; Setting Priorities for Ballot Arguments; and directing the City Clerk as the City's Elections Official to submit a request to the Registrar of Voters to avoid assigning any recently used ballot measure letters to the November 5, 2024 ballot measures; and - Authorize City Council to submit an argument in support of the ballot measure and appoint Mayor Klein along Councilmembers Melton and Mehlinger to a subcommittee to draft an argument for City Council to consider; - Authorize Mayor Klein along with Councilmembers Melton and Mehlinger to write a rebuttal argument to an argument against this ballot measure; and - Replace in the first sentence of the Ballot Question, “Sunnyvale Library Measure” with “Sunnyvale Main Library Measure” and replace in the second sentence of the Ballot Question, “electrical and roofing” with “electrical, roofing”. The motion as amended carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 5 24-0246 Proposed Utility Rate Increases for FY 2024/25 Rates for Water, Wastewater, and Solid Waste Utilities for Service Provided to Customers Within and Outside City Boundaries; and 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 10:39 p.m. City of Sunnyvale Page 10 City Council Meeting Minutes June 25, 2024 Diane Brackel voiced concerns with the proposed utility rate increases and the flat rate charged for wastewater. Larry Alba shared concerns with the recent purchase of two new heavy equipment vehicles and offered to participate in a review of the City’s vehicle replacement process. Member of the Public inquired what portion of the water rates are driven by the wholesale purchase price of water. Public Hearing closed at 10:47 p.m. MOTION: Vice Mayor Srinivasan moved and Councilmember Melton 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 4% for FY 2024/25. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 6 24-0714 Adopt a Resolution Amending the City's Salary Resolution and Schedule of Pay to Increase the Salary Ranges for Pay Plan Category F (Unclassified Department Directors) City Manager Kent Steffens provided the staff report and presentation. City of Sunnyvale Page 11 City Council Meeting Minutes June 25, 2024 Public Hearing opened at 11:06 p.m. No speakers. Public Hearing closed at 11:06 p.m. MOTION: Councilmember Din moved and Councilmember Melton seconded the motion to approve Alternative 1: Adopt a Resolution amending the City's Salary Resolution and Schedule of Pay to increase the Salary Ranges for Unclassified Department Director Positions (Pay Plan Category F) effective July 7, 2024. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Mayor Klein reported their attendance at the United States Conference of Mayor’s conference and an overview of the ransomware focus of the conference. NON-AGENDA ITEMS & COMMENTS -Council Mayor Klein, Vice Mayor Srinivasan and Councilmembers Melton, Cisneros, Din, Mehlinger and Sell spoke in honor of outgoing City Manager Kent Steffens. -City Manager City Manager Kent Steffens reflected on their experience working for Sunnyvale. Mr. Steffens reported the California Supreme Court determined the Tax Payer Protection Act is not consistent with the California Constitution and will not appear on the November 2024 ballot. INFORMATION ONLY REPORTS/ITEMS City of Sunnyvale Page 12 City Council Meeting Minutes June 25, 2024 24-0721 Tentative Council Meeting Agenda Calendar 24-0722 Board/Commission Meeting Minutes 24-0723 Information/Action Items 24-0608 Mayor Larry Klein Announces the Mayoral Appointment of Community Member Sandra DeLateur as Sunnyvale Representative to the Sourcewise Advisory Council (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 11:27 p.m. City of Sunnyvale Page 13