City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, September 28, 2021 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 PM | Regular Meeting - 7 PM 4:30 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Pursuant to Section 3 of Executive Order N-29-20 (March 17, 2020), Section 42 of Executive Order N-08-21 (June 11, 2021) and Executive Order N-15-21 (September 20, 2021), issued by Governor Newsom, the meeting was conducted telephonically. Mayor Klein called the meeting to order at 4:30 p.m. via teleconference. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Glenn Hendricks Councilmember Gustav Larsson Councilmember Russ Melton Councilmember Mason Fong Councilmember Alysa Cisneros Councilmember Omar Din Mayor Klein, Vice Mayor Hendricks and all Councilmembers attended via teleconference. Public Comment Public Comment opened at 4:33 p.m. No speakers. Public Comment closed at 4:33 p.m. Convene to Closed Session A 21-0922 CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION City of Sunnyvale Page 1 City Council Meeting Minutes September 28, 2021 Closed Session held pursuant to California Government Code Section 54956.9(d)(4) Number of Potential Cases: One Adjourn Special Meeting Mayor Klein adjourned the meeting at 4:48 p.m. 5 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Pursuant to Section 3 of Executive Order N-29-20 (March 17, 2020), Section 42 of Executive Order N-08-21 (June 11, 2021) and Executive Order N-15-21 (September 20, 2021), issued by Governor Newsom, the meeting was conducted telephonically. Mayor Klein called the meeting to order at 5:00 p.m. via teleconference. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Glenn Hendricks Councilmember Gustav Larsson Councilmember Russ Melton Councilmember Mason Fong Councilmember Alysa Cisneros Councilmember Omar Din Mayor Klein, Vice Mayor Hendricks and all Councilmembers attended via teleconference. Study Session B 21-0852 Responsible Construction Ordinance Assistant to the City Manager Connie Verceles and Senior Assistant City Attorney Rebecca Moon provided the staff report and presentation. Public Comment opened at 5:49 p.m. Nicole Goehring, Associated Builders and Contractors Northern California Chapter voiced support for contracting with a reputable labor compliance entity to oversee labor compliance for the project. City of Sunnyvale Page 2 City Council Meeting Minutes September 28, 2021 Richard Markuson spoke towards Senate Bills 727 and 1003 and shared concerns with the use of the term “wage theft” and of access to certified payroll records. Ruth Silver Taube, Wage Theft Coalition spoke towards the California Labor Commission’s process related to wage claims. Felicia Gershberg, Co-Lead, Together We Will – San Jose, urged Council to move forward with a responsible construction ordinance and spoke towards wage theft. Louise Auerhahn, Working Partnerships USA communicated concerns related to the lack of community outreach related to the study issue and spoke towards withholding building permits should a company be found guilty of wage theft and has refused to pay. Eric Christen, Executive Director, Coalition for Fair Employment in Construction voiced concerns with the ordinance proposals and ensuring working privacy. Mike Serrone, Sunnyvale Democratic Club spoke towards wage theft, victims of wage theft and lack of information related to wage theft. Felwina Opiso-Mondina, Pilipino Association of Workers and Immigrants and Santa Clara Wage Theft Coalition urged Council to approve the ordinance. She shared data related to wage theft. Richard Mehlinger communicated support for the ordinance and continued study of an ordinance. Krista De La Torre, South Bay Labor Council voiced support for implementing a responsible construction ordinance and shared data related to wage theft in Santa Clara County. Public Comment closed at 6:02 p.m. C 21-0534 Fire Station Master Plan Public Works Director Chip Taylor provided the staff report and presentation. Public Comment opened at 6:50 p.m. No speakers. City of Sunnyvale Page 3 City Council Meeting Minutes September 28, 2021 Public Comment closed at 6:50 p.m. Adjourn Special Meeting Mayor Klein adjourned the meeting at 6:56 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Pursuant to Section 3 of Executive Order N-29-20 (March 17, 2020), Section 42 of Executive Order N-08-21 (June 11, 2021) and Executive Order N-15-21 (September 20, 2021), issued by Governor Newsom, the meeting was conducted telephonically. Mayor Klein called the meeting to order at 7:00 p.m. via teleconference. ROLL CALL Present: 7 - Mayor Larry Klein Vice Mayor Glenn Hendricks Councilmember Gustav Larsson Councilmember Russ Melton Councilmember Mason Fong Councilmember Alysa Cisneros Councilmember Omar Din Mayor Klein, Vice Mayor Hendricks and all Councilmembers attended via teleconference. CLOSED SESSION REPORT Vice Mayor Hendricks reported that Council met in Closed Session CONFERENCE WITH LEGAL COUNSEL INITIATION OF LITIGATION held pursuant to California Government Code Section 54956.9(d)(4) Number of Potential Cases: one; nothing to report. SPECIAL ORDER OF THE DAY D 21-0356 Breast Cancer Awareness Month Mayor Klein read a proclamation in honor of Breast Cancer Awareness Month. Bobbe Smirni, New Frontiers in Prevention of Breast Cancer spoke towards the proclamation during Oral Communications. City of Sunnyvale Page 4 City Council Meeting Minutes September 28, 2021 ORAL COMMUNICATIONS Councilmember Melton announced details of the current recruitment for various boards and commissions and that applications are being accepted for the Community Events and Neighborhood Grant Programs. He shared details of COVID-19 vaccination availability via Santa Clara County’s Mobile Vaccine program. Tim Oey, Bike Sunnyvale shared details of an upcoming free bike repair event. Dr. Stella M. Kemp, Superintendent, Santa Clara Unified School District spoke towards the School District’s redistricting initiative from at-large to by-district voting for Board of Trustee members. Mayor Klein announced Council will now hear from Bobbe Smirni, New Frontiers in Prevention of Breast Cancer. Ms. Smirni spoke towards the Breast Cancer Awareness Month proclamation. CONSENT CALENDAR MOTION: Vice Mayor Hendricks moved and Councilmember Melton 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 Hendricks Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din No: 0 1.A 21-0825 Approve City Council Meeting Minutes of August 31, 2021 Approve the City Council Meeting Minutes of August 31, 2021 as submitted. 1.B 21-0305 Approve City Council Meeting Minutes of September 8, 2021 Approve the City Council Meeting Minutes of September 8, 2021 as submitted. City of Sunnyvale Page 5 City Council Meeting Minutes September 28, 2021 1.C 21-0357 Approve City Council Meeting Minutes of September 14, 2021 Approve the City Council Meeting Minutes of September 14, 2021 as submitted. 1.D 21-0258 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 21-0853 Award of Contract to Callander Associates Landscape Architecture Inc. for Design Services for the Plaza Del Sol Phase II Project (F21-110) Take the following actions: - Award a Consultant Services Agreement in substantially the same form as Attachment 1 to the report in the amount not-to-exceed $373,070 to Callander Associates Landscape Architecture Inc.; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Approve a 10% contingency in the amount of $37,307. 1.F 21-0887 Award of Contract to NBC Construction & Engineering Inc. for De Anza Park Pathway Renovation and Finding of California Environmental Quality Act (CEQA) Categorical Exemption (PW21-28) Take the following actions: - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $498,370.35 to NBC Construction & Engineering Inc. of San Francisco; - 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 $49,837. 1.G 21-0856 Award of Contract to Alta Planning + Design, Inc. for Design Services Sunnyvale SNAIL Neighborhood Active Transportation Connectivity Improvements (F21-147) Take the following actions: - Award a Consultant Services Agreement in substantially the same form as Attachment 1 to the report in the amount not-to-exceed $819,440.00 to Alta Planning City of Sunnyvale Page 6 City Council Meeting Minutes September 28, 2021 + Design, Inc.; - Approve a 10% contingency in the amount of $81,944.00; and - Authorize the City Manager to execute the contract when all necessary conditions have been met. 1.H 21-0936 Approve a Revision to the Statement on Our City Values and Public Service Affirming the City of Sunnyvale’s Commitment to Serving Our Diverse Community in a Respectful, Equitable, and Inclusive Manner Approve and authorize the Mayor to sign the revised Statement on Our City Values and Public Service affirming the City of Sunnyvale's commitment to serving our diverse community in a respectful, equitable, and inclusive manner (Attachment 1 to the report). 1.I 21-0920 Ratify Appointment of Mayor Larry Klein as the Central Cities Representative to the Santa Clara County Emergency Operational Area Council Ratify Mayor Larry Klein's appointment as the Central Cities Representative to the Santa Clara County Emergency Operational Area Council. 1.J 21-0926 Adopt Ordinance No. 3181-21 to Amend Sunnyvale Municipal Code Section 19.16.020 (Zoning Districts-Creation), Chapter 19.35 (Lawrence Station Area Plan Specific Plan District), and Make Related Changes to Title 19 (Zoning) of the Sunnyvale Municipal Code to Implement the Amended LSAP; Amend the Precise Zoning Plan Districts Map and Re-Zone Parcels Within the LSAP District; and Add Chapter 3.52 (Lawrence Station Area Plan Transportation Impact Fee) to Title 3 (Revenue and Finance) to the Sunnyvale Municipal Code Adopt Ordinance No. 3181-21 to amend Sunnyvale Municipal Code Section 19.16.020 (Zoning Districts-Creation), Chapter 19.35 (Lawrence Station Area Plan Specific Plan District), and make related changes to Title 19 (Zoning) of the Sunnyvale Municipal Code to implement the Amended LSAP; amend the Precise Zoning Plan Districts Map and re-zone parcels within the LSAP District; and add Chapter 3.52 (Lawrence Station Area Plan Transportation Impact Fee) to Title 3 (Revenue and Finance) to the Sunnyvale Municipal Code. 1.K 21-0927 Adopt Ordinance No. 3182-21 to Approve and Adopt a Development Agreement Between the City of Sunnyvale and City of Sunnyvale Page 7 City Council Meeting Minutes September 28, 2021 Intuitive Surgical, Inc. Adopt Ordinance No. 3182-21 to approve and adopt a Development Agreement between the City of Sunnyvale and Intuitive Surgical, Inc. PUBLIC HEARINGS/GENERAL BUSINESS 2 21-0759 Remove On-Street Parking on the East Side of Sunnyvale Avenue Between Maude Avenue and Arques Avenue and Both Sides of Sunnyvale Avenue Between Arques Avenue and Hendy Avenue, and Install Buffered Bicycle Lanes on Both Sides of Sunnyvale Avenue Per the Active Transportation Plan Principal Transportation Engineer Lillian Tsang provided the staff report and presentation. Public Hearing opened at 8:14 p.m. Galen Kim Davis, Livable Sunnyvale Chair, communicated the group’s endorsement of the Bicycle and Pedestrian Advisory Commission’s (BPAC) recommendation of bicycle lanes on Sunnyvale Avenue. Speaking on his own behalf he shared support for protected bicycle lanes in Sunnyvale and outreach efforts to educate people on the difference between public and private parking. Richard Mehlinger, BPAC Chair urged Council to adopt alternative one and spoke towards initiatives in the General Plan Land Use and Transportation Elements, Vision Zero Plan and Climate Action Plan. Lauren Ledbetter voiced support for the project and requested Council approve the project and BPAC’s recommendation. Leia Mehlman communicated support for a safe connected bike network and spoke towards the Active Transportation Plan. Tim Oey shared support for buffered bike lanes and a connected and safe bicycle network. He requested Council approve BPAC’s recommendation. Diana Crumedy, Santa Clara County Advocate, Silicon Valley Bicycle Coalition voiced support for buffered bike lanes on Sunnyvale Avenue. Bryce Beagle communicated support for protected bike lanes and spoke towards City of Sunnyvale Page 8 City Council Meeting Minutes September 28, 2021 the corridor providing access to nearby public transportation, public schools and downtown. Mark Hladly shared support for the bike lanes based on the popularity of the route. Marc Rasi voiced support for the project. Jennifer Delara, Vice President, Latina Coalition communicated opposition to the project and spoke towards the 2020 data not representing an accurate count of traffic flow and usage by nearby establishments. Liam Davis, President, Firebirds for All shared support for the staff and BPAC recommendation to add buffered bike lanes on Sunnyvale Avenue. Mike Serrone, Livable Sunnyvale voiced support for the project and BPAC’s recommendation. Juan Taveras communicated support for the protected bike lanes. Jeffrey Henson shared opposition to BPAC’s recommendation and spoke towards the traffic study being conducted during the pandemic and future traffic flow with a railroad grade crossing closure. Erik Brewster voiced support for the buffered bike lane. Mike Oliver spoke towards bicycle safety. Richard Rodriguez communicated opposition to the project and spoke towards the 2019/20 data presented. Agnes Nika proposed the following solutions for consideration: implementing flashing red lights at the corners of Sunnyvale Avenue/California Avenue and Sunnyvale Avenue/Arques Avenue; installing a 3-way stop at Sunnyvale Avenue/Taylor Avenue; sharrow bike lanes between Arques Avenue/Taylor Avenue and slowing down traffic flow. Isabell Shockley presented concerns such as personal safety, hardships on elderly and disabled individuals and the lack of a crosswalk on Sunnyvale Avenue in East/West direction at the corner of Taylor Avenue. City of Sunnyvale Page 9 City Council Meeting Minutes September 28, 2021 Kathleen presented concerns related to vehicle vandalism, conflict among neighbors over parking and financial hardships with installing extra parking at residential homes. Mark Mcadam communicated support for buffered bike lanes on Sunnyvale Avenue and concerns with sharrow bike lanes. Marcie voiced concerns with the data gathered during the recent study and requested the study be conducted multiple times during the year and week and at different times during the day. She spoke towards personal and vehicle safety. Dr. Mei-Lin Pang shared information about childhood obesity and associated health conditions and support for bike lanes. Laurie communicated support for buffered bike lanes. Danny Howard voiced support for bike lanes and requested Council approve the project. Tejas Manjunatha, Firebirds for All shared support for the staff recommendation. Ari Feinsmith presented information in support of the project such as the bicycle corridor is a vital connection to retail, restaurants and transit, improves safety and equitable bicycle access to north Sunnyvale. Caleb Sanders communicated support for the staff recommendation to incorporate bike lanes. Public Hearing closed at 9:18 p.m. MOTION: Councilmember Fong moved and Councilmember Din seconded the motion to approve Alternative 1: Remove on-street parking on the east side of Sunnyvale Avenue between Maude Avenue and Arques Avenue and both sides of Sunnyvale Avenue between Arques Avenue and Hendy Avenue, and install buffered bicycle lanes on both sides of Sunnyvale Avenue per the Active Transportation Plan. The motion carried with the following vote: City of Sunnyvale Page 10 City Council Meeting Minutes September 28, 2021 Yes: 6 - Mayor Klein Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din No: 1 - Vice Mayor Hendricks Council took a recess at 9:40 p.m. and reconvened at 9:45 p.m. with all Councilmembers present via teleconference. 3 21-0916 Proposed Project: General Plan Amendment Initiation: to consider a 100% Floor Area Ratio (FAR) combining district on 10 parcels in the M-S zoning district totaling 63 acres. Location: 974 East Arques Avenue (APNs: 205-36-006, 205-36-007, 205-36-008), 190 Commercial Street (APN: 205-35-001), 198 Commercial Street (APN: 205-35-002), 930 East California Street (APN: 205-35-003), 1050/1090 East Arques Avenue (APN: 205-37-009), 928/930 East Arques Avenue (APN: 205-35-017), and 955/965 East Arques Avenue (APNs: 205-25-018 and 205-25-019) File #: 2021-7282 Zoning: M-S - Industrial and Service General Plan: Industrial Applicant / Owner: RMW Architecture & Interiors (applicant) / Applied Materials, Inc. (owner) Environmental Review: The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(a). Project Planner: Momoko Ishijima, (408) 730-7532, mishijima@sunnyvale.ca.gov Senior Planner Momoko Ishijima provided the staff report and presentation. Public Hearing opened at 10:00 p.m. Joe Pon, Applied Materials and Stan Lew, President, RMW provided the applicant report and presentation. City of Sunnyvale Page 11 City Council Meeting Minutes September 28, 2021 Public Hearing closed at 10:07 p.m. MOTION: Vice Mayor Hendricks moved and Councilmember Cisneros seconded the motion to approve Alternative 2: Initiate a General Plan Amendment study of a larger study area as an industrial intensification site in the General Plan to allow 100% FAR with the preparation of a Specific, Area, or Precise Plan (as shown in Attachment 7 to the report). The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din No: 0 4 21-0821 Proposed Project: General Plan Amendment Initiation request to consider amending the General Plan designation from Commercial to Medium Density Residential on two sites totaling 1.2-acres. Location: 1313 S. Wolfe Road (APN: 309-10-026 and 309-10-027) File #: 2020-7031 Zoning: C-1 (Neighborhood Business)/PD (Planned Development) General Plan: Commercial Applicant / Owner: 4Terra Investments (applicant)/Desmond Family Real Estate Limited Partner (owner) Environmental Review: The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(a). Project Planner: Mary Jeyaprakash, (408) 730-7449, mjeyaprakash@sunnyvale.ca.gov Principal Planner Amber Blizinski provided the staff report and presentation. Public Hearing opened at 10:43 p.m. City of Sunnyvale Page 12 City Council Meeting Minutes September 28, 2021 Amir Massih, Applicant and Brady McGuinness, Attorney provided the applicant report and presentation. Galen Kim Davis, Livable Sunnyvale Chair communicated the group’s endorsement of the applicant’s proposal and urged Council to initiate the General Plan amendment process for the parcels. Richard Mehlinger voiced support for Livable Sunnyvale’s endorsement of the project and his support of the applicant’s proposal. Christophe LaBelle shared support for initiating the General Plan amendment. Public Hearing closed at 11:32 p.m. MOTION: Councilmember Fong moved and Councilmember Din seconded the motion to approve Alternative 4: Approve the General Plan Amendment Initiation to consider including medium to high density residential with a non-residential mixed-use component pursuant to the applicants proposal and find the action is exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15378(a) Councilmember Larsson clarified if the motion intended to include the neighboring gas station property. Councilmember Fong confirmed the motion intended to include the gas station property and amended the motion. Councilmember Din accepted the amendment. The motion as amended carried with the following vote: Yes: 5 - Mayor Klein Councilmember Larsson Councilmember Fong Councilmember Cisneros Councilmember Din No: 2 - Vice Mayor Hendricks Councilmember Melton City of Sunnyvale Page 13 City Council Meeting Minutes September 28, 2021 MOTION: Vice Mayor Hendricks moved and Councilmember Melton seconded the motion to hear public hearing item 5 - Consider a Resolution Authorizing the City Manager to Suspend Late Charges and Delinquency Processing Fees… The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din No: 0 5 21-0919 Consider a Resolution Authorizing the City Manager to Suspend Late Charges and Delinquency Processing Fees for Water, Sewer, and Garbage Collection Services and Extend the Suspension of the Interruption of Water Service until December 31, 2021 Finance Director Tim Kirby provided the staff report. Public Hearing opened at 12:06 p.m. No speakers. Public Hearing closed at 12:06 p.m. MOTION: Vice Mayor Hendricks moved and Councilmember Melton seconded the motion to approve Alternative 1: Adopt a Resolution extending waiver of penalties and delinquency processing fees, and suspend water service interruptions for non-payment from October 1, 2021 until December 31, 2021. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Cisneros Councilmember Din City of Sunnyvale Page 14 City Council Meeting Minutes September 28, 2021 No: 0 MOTION: Councilmember Melton moved to adjourn the meeting. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Agenda item not heard. NON-AGENDA ITEMS & COMMENTS -Council Agenda item not heard. -City Manager Agenda item not heard. INFORMATION ONLY REPORTS/ITEMS 21-0361 Tentative Council Meeting Agenda Calendar 21-0382 Board/Commission Meeting Minutes 21-0385 Information/Action Items 21-0864 National Citizens Survey Results (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 12:09 a.m. City of Sunnyvale Page 15