City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, February 14, 2023 6:00 PM Online and Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 (607 All America Way for map directions) Special Meeting: Study Session 6 PM | Regular Meeting - 7 PM 6 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Pursuant to Government Code Subdivision 54953(e), Councilmembers had the opportunity to participate in the meeting telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on February 7, 2023. Vice Mayor Din called the meeting to order at 6:01 p.m. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell Study Session A 23-0322 Human Relations Commission 2023 Annual Work Plan Deputy City Manager Jaqui Guzmán and Equity, Access & Inclusion Manager Fernanda Perdomo-Arciniegas provided the staff report and presentation. Public Comment opened at 6:58 p.m. No speakers. Public Comment closed at 7:00 p.m. Adjourn Special Meeting City of Sunnyvale Page 1 City Council Meeting Minutes February 14, 2023 Vice Mayor Din adjourned the meeting at 7:03 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Pursuant to Government Code Subdivision 54953(e), Councilmembers had the opportunity to participate in the meeting telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on February 7, 2023. Mayor Klein called the meeting to order at 7:03 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 Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell ORAL COMMUNICATIONS Peggy Brewster, Sunnyvale for Equity and Education (SEE), spoke in support of Study Issue DPW 23-06 valuate Range of Options for Shuttle Service and Alternative Transportation Options for Fremont and Homestead High School Students Who Live in North Sunnyvale. Angela Hickin, SEE, communicated their concerns for the staff recommendation to defer DPW 23-06 and implored Council to approve the study issue. Sharlene Lu, Bike Sunnyvale, spoke to Bike Sunnyvale’s positions of support for adopting study issues DPW 21-01 Bike Lanes on Hollenbeck Avenue between El Camino Real and Homestead Road and DPW 23-08 Define Metrics that the City Will Use to Evaluate the City's Progress on Bicycle and Pedestrian Infrastructure for Future Reporting. Stephen Meier announced the upcoming Firebird Relay at Fremont High School and City of Sunnyvale Page 2 City Council Meeting Minutes February 14, 2023 shared their support for study issue DPW 21-01 and DPW 23-06. Jonathan Leremia, Nor Cal Carpenters Union, spoke on the need for area labor standards for workers in the Sunnyvale. Laurie Thomas, SEE, shared the struggles north Sunnyvale students face when commuting to Fremont High School and support for Study Issue DPW 23-06. CONSENT CALENDAR Public Comment opened at 7:34 p.m. No speakers. Public Comment closed at 7:34 p.m. Mayor Klein registered a recusal for agenda item 1.J due to a conflict of interest – owning real property within 500 feet of the El Camino Real Specific Plan. 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: 1.A 23-0079 Approve City Council Meeting Minutes of January 24, 2023 Approve the City Council Meeting Minutes of January 24, 2023 as submitted. 1.B 23-0123 Approve City Council Meeting Minutes of January 26, 2023 (Strategic Planning Workshop) Approve the City Council Meeting Minutes of January 26, 2023 as submitted. 1.C 23-0263 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.D 23-0181 Receive and File the City of Sunnyvale Investment Report - Fourth Quarter 2022 Receive and file the City of Sunnyvale Investment Report Fourth Quarter. 1.E 23-0321 Adopt a Resolution to Amend the Classification Plan and the City’s Salary Resolution to Update the Schedule of Pay to add City of Sunnyvale Page 3 City Council Meeting Minutes February 14, 2023 the Classification of Principal Payroll Analyst Adopt a Resolution to amend the Classification Plan to add the new classification of Principal Payroll Analyst and the City’s Salary Resolution to make corresponding updates to the Schedule of Pay. 1.F 23-0324 Adopt a Resolution Amending the City’s Salary Resolution and Schedule of Pay to Increase Salaries for Pay Plan Category A (Communication Officers Association) Effective February 19, 2023 Adopt a Resolution amending the City’s Salary Resolution and Schedule of Pay to increase salaries for Pay Plan Category A (Communication Officers Association) effective February 19, 2023. 1.G 23-0152 Award of Contract to Spencon Construction, Inc. for ADA Curb Retrofits (CDBG) 2023, Finding of California Environmental Quality Act (CEQA) Exemption Pursuant to CEQA Guidelines Section 15301 (c), and Determination of Bidder Non-responsiveness (PW23-13) Take the following actions: - Make a determination that the bid received from Itech Solution is non-responsive; - Make a finding of categorical exemption from the California Environmental Quality Act pursuant to California Environmental Quality Act Guidelines Section 15301(c); - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $327,005.00 to Spencon Construction, Inc.; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Approve a 20% contingency in the amount of $65,401. 1.H 23-0037 Adopt a Resolution to Convert Booker Avenue Between Mathilda Avenue and Aries Way from a Two-Way Street to a One-Way Street Adopt a Resolution to convert Booker Avenue between Mathilda Avenue and Aries Way from a two-way street to a one-way street. 1.I 23-0238 Review and Approval of City’s 2023 Code of Ethics and Conduct for Elected and Appointed Officials Review and approve the 2023 Code of Ethics and Conduct for Elected and Appointed Officials with no changes from the 2022 Code as set forth in Attachment City of Sunnyvale Page 4 City Council Meeting Minutes February 14, 2023 1 of the report. 1.J 23-0344 Adopt Ordinance No. 3210-23 Amending Table 19.36.060B of Chapter 19.36 (El Camino Real Specific Plan District) of Title 19 (Zoning) of the Sunnyvale Municipal Code Related to Auto Sales or Rental in ECR-MU Zoning Districts MOTION: Vice Mayor Din moved and Councilmember Melton seconded the motion to adopt Ordinance No. 3210-23 amending Table 19.36.060B of Chapter 19.36 (El Camino Real Specific Plan District) of Title 19 (Zoning) of the Sunnyvale Municipal Code related to Auto Sales or Rental in ECR-MU Zoning Districts. The motion carried with the following vote: Yes: 6 - Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 Recused: 1 - Mayor Klein PUBLIC HEARINGS/GENERAL BUSINESS 2 23-0330 Proposed Project: Adopt a Resolution for a: SPECIFIC PLAN AMENDMENT to modify Block 20 of the Downtown Specific Plan to allow additional residential units and office square footage, and associated modifications to design guidelines and development standards; and GENERAL PLAN AMENDMENT to reflect increases in Projected Build-out in the Land Use and Transportation Element (LUTE). Location: 510 and 528 S. Mathilda Avenue (APNs:209-29-060 and 061), and 562 and 568 S. Mathilda Avenue (APNs:209-29-057 and 067) File #: 2018-7585 Zoning: DSP (Block 20) Applicant / Owner: Shawn Karimi, Karimi Shahriar Trustee, (applicant and owner 510 and 528 S. Mathilda Avenue) and Sam Cloud Barn LLC (Shawn Taheri) (applicant and owner City of Sunnyvale Page 5 City Council Meeting Minutes February 14, 2023 562 and 568 S. Mathilda Avenue) Environmental Review: Addendum to the Downtown Specific Plan Amendments Final Environmental Impact Report for the Block 20 Area Project. Project Planner: Margaret Netto, (408) 730-7628, mnetto@sunnyvale.ca.gov Mayor Klein recused himself from this item due to a conflict of interest – owning real property within 500 feet of the Downtown Specific Plan area and left the meeting at 7:36 p.m. Planning Officer Shaunn Mendrin provided the staff report and presentation. Public Hearing opened at 8:16 p.m. Shawn Taheri provided an applicant statement supporting the proposed project. Shawn Karimi provided an applicant statement supporting the proposed project. Martin Pyne, Planning Commission Chair, spoke to the Planning Commission's recommendation to Council to approved the Specific Plan Amendment. Melinda Hamilton voiced their concerns with the proposed project heights and urged Council to reject the Specific Plan Amendment. Laurel Ashcraft shared their suggestions for the proposed projects to better accommodate neighbors' concerns. Ray Johnson voiced their displeasure with the City's planning approval process and raised concerns with the proposed projects. Paul King spoke to the concerns of neighbors regarding the increase in height limits and parking at the proposed projects. Shawn Karimi provided an applicant response to the public hearing. Shawn Taheri provided an applicant response to the public hearing. Public Hearing closed at 8:50 p.m. City of Sunnyvale Page 6 City Council Meeting Minutes February 14, 2023 MOTION: Councilmember Melton moved and Councilmember Mehlinger seconded the motion to approve Alternatives 1 and 2: 1) Accept the Addendum to previously certified 2020 Downtown Specific Plan Environmental Impact Report pursuant to California Environmental Quality Act Guidelines Section 15162 (Attachment 4 to the report); and, 2) Adopt a Resolution to amend the General Plan and Downtown Specific Plan (Attachment 5), approve the Downtown Specific Plan Amendments for Block 20 (Attachment 4, Appendix A), and adopt a Resolution to amend Figure 3-2 in the Land Use and Transportation Element of the General Plan (Attachment 5 to the report). The motion carried with the following vote: Yes: 6 - Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 Recused: 1 - Mayor Klein Council took a recess at 9:13 p.m. and returned at 9:21 p.m. with all Councilmembers present. 3 23-0166 Award of Contract to Walsh Construction Company II, LLC for the Water Pollution Control Plant Rehabilitation Project (PW22-19), Approve an Amendment to Contract for Psomas for Program Management at the Water Pollution Control Plant, and Approve Budget Modification No. 13 in the Amount of $25,959,709 Assistant Director of Public Works Jennifer Ng and Director of Finance Tim Kirby provided the staff report and presentation. Public Hearing opened at 10:23 p.m. No speakers. Public Hearing closed at 10:24 p.m. MOTION: Vice Mayor Din moved and Councilmember Mehlinger seconded the City of Sunnyvale Page 7 City Council Meeting Minutes February 14, 2023 motion to approve Alternative 1: Authorize the City Manager to take the following actions: - Award a construction contract in substantially the same form as Attachment 2 to the report in the amount of $64,390,000 to Walsh Construction Company II, LLC, of Chicago; - Authorize the City Manager to execute the construction contract when all necessary conditions have been met; - Approve a 10% construction contingency in the amount of $6,439,000; - Approve the Ninth Amendment to the Consultant Services Agreement with Psomas, in substantially the same form as Attachment 4 to the report, increase the not-to-exceed contract amount by $6,462,575 to $36,429,124; - Authorize the City Manager to execute the Ninth Amendment to the Consultant Services Agreement when all necessary conditions have been met; - Approve a 10% contingency in the amount of $646,258; and - Approve Budget Modification No. 13 in the amount of $25,959,709 to provide additional funding for this project. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 4 23-0172 Adopt a Resolution Amending the City's Salary Resolution and the Schedule of Pay to Increase the Salary Range for the Director of NOVA Workforce Services Director of Human Resources Tina Murphy provided the staff report. Public Hearing opened at 10:38 p.m. No speakers. Public Hearing closed at 10:38 p.m. MOTION: Vice Mayor 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 Range for the Director of NOVA City of Sunnyvale Page 8 City Council Meeting Minutes February 14, 2023 Workforce Services. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS None. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Srinivasan shared he will be visiting Washington D.C. next month along with Councilmembers Melton and Sell. -City Manager City Manager Kent Steffens announced the City received a grant to be applied to the Lakewood Branch Library and Learning Center from Silicon Valley Clean Energy. INFORMATION ONLY REPORTS/ITEMS 23-0252 Tentative Council Meeting Agenda Calendar 23-0261 Board/Commission Meeting Minutes 23-0262 Information/Action Items 23-0287 Board/Commission Resignations (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 10:42 p.m. City of Sunnyvale Page 9