City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, March 21, 2023 5:45 PM Online and Conference Room, Washington Community Swim Center, 255 S. Pastoria Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 5:45 PM | Special Meeting: Special Order of the Day - 6:45 PM | Regular Meeting - 7 PM 5:45 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Vice Mayor Din called the meeting to order at 5:46 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 Public Comment Public Comment opened at 5:47 p.m. No speakers. Public Comment closed at 5:47 p.m. Convene to Closed Session A 23-0229 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 City of Sunnyvale Page 1 City Council Meeting Minutes March 21, 2023 Vice Mayor Din adjourned the meeting at 6:28 p.m. 6:45 P.M. SPECIAL COUNCIL MEETING (Special Order of the Day) Call to Order Mayor Klein called the meeting to order at 6:45 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 Special Order of the Day B 23-0349 Recognition of Santa Clara Valley Science and Engineering Fair Association (SCVSEFA) Award Winners Mayor Klein recognized the Santa Clara Valley Science and Engineering Fair Association Award Winners. Award Winners and their family members provided comments regarding the awards. Adjourn Special Meeting Mayor Klein adjourned the meeting at 7:04 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:06 p.m. SALUTE TO THE FLAG Mayor Klein led the salute to the United States flag. ROLL CALL City of Sunnyvale Page 2 City Council Meeting Minutes March 21, 2023 Present: 7 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell CLOSED SESSION REPORT Vice Mayor Din reported that Council met in 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); nothing to report. SPECIAL ORDER OF THE DAY C 23-0073 Ceremonial Oath of Office for Board and Commission Members City Clerk David Carnahan administered the Ceremonial Oath of Office to the incoming Board and Commission Members. D 23-0363 Fair Housing Month Mayor Klein spoke in honor of Fair Housing Month. E 23-0362 Arbor Day Celebration Mayor Klein spoke in honor of the Arbor Day Celebration. F 23-0364 Earth Month Mayor Klein spoke in honor of Earth Month. ORAL COMMUNICATIONS Councilmember Mehlinger announced the current Board and Commission recruitment openings and the upcoming Iizuka, Japan sister city visit to Sunnyvale. CONSENT CALENDAR Public Comment opened at 7:27 p.m. Godzilla requested agenda item 1.E be pulled from the Consent Calendar. City of Sunnyvale Page 3 City Council Meeting Minutes March 21, 2023 Public Comment closed at 7:28 p.m. MOTION: Councilmember Cisneros moved and Vice Mayor Din seconded the motion to approve agenda items 1.A through 1.D. 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 1.A 23-0265 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 23-0435 Adopt a Resolution to Amend the Classification Plan and the City’s Salary Resolution to Add the Classification of Senior Legal Secretary and Update the Schedule of Pay Adopt a Resolution to Amend the Classification Plan to Add the New Classification of Senior Legal Secretary and the City’s Salary Resolution to Make Corresponding Updates to the Schedule of Pay Effective April 2, 2023. 1.C 23-0320 Award of Contract to Bear Electrical Solutions, Inc. for a New Traffic Signal at Wolfe Road and Dartshire Way, Finding of California Environmental Quality Act (CEQA) Exemption Pursuant to CEQA Guidelines Section 15301(c), and Approval of Budget Modification No. 15 in the amount of $351,827 (PW23-18) Take the following actions: - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $910,190.40 to Bear Electrical Solutions, Inc.; - Approve a 10% construction contingency in the amount of $91,019.00; - Authorize the City Manager to execute the contract when all necessary conditions have been met; City of Sunnyvale Page 4 City Council Meeting Minutes March 21, 2023 - Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c); and - Approve Budget Modification No. 9 in the amount of $112,042. 1.D 23-0332 Award of Contract to Sposeto Engineering, Inc. for East Sunnyvale Area Sense of Place Re-Bid, Finding of Exemption from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15301(c), and Approve Budget Modification No. 16 in the Amount of $93,500 (PW23-14) Take the following actions: - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $2,899,710 to Sposeto Engineering, Inc.; - Make a finding of categorical exemption from the California Environmental Quality Act pursuant to California Environmental Quality Act Guidelines Section 15301(c); - Authorize the City Manager to execute the contract when all necessary conditions have been met; - Approve a 10% contingency in the amount of $289,971; and - Approve of Budget Modification No. 16 in the amount of $93,500. 1.E 23-0410 Approve Local Plan Modification for NOVA and Regional Plan Modification for Bay-Peninsula Regional Planning Unit Public Comment opened at 7:30 p.m. Godzilla spoke to how NOVA Workforce Services can better support the unhoused community in Sunnyvale. Coleen Hausler voiced their concerns regarding the unhoused individuals being removed near the Sunnyvale Library. Public Comment closed at 7:32 p.m. MOTION: Vice Mayor Din moved and Councilmember Melton seconded the motion to approve the Local Plan Modification for NOVA and the Regional Plan Modification for the Bay-Peninsula Regional Planning Unit. The motion carried with the following vote: City of Sunnyvale Page 5 City Council Meeting Minutes March 21, 2023 Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 PUBLIC HEARINGS/GENERAL BUSINESS 2 23-0029 Confirm the Preferred Alignment of the Stevens Creek Trail from Remington Drive to Fremont Avenue Segment Consisting of an Off-street Trail Along the Creek with two Connections at Fremont Avenue on Both Sides of State Route 85 (SR85) with the Adjustments Due to Changes in Creek Conditions Principal Transportation Engineer Angela Obeso provided the staff report and presentation. Public Hearing opened at 8:44 p.m. Curt Riffle provided a presentation supporting the Stevens Creek Trail extension and offered input how to improve the plan. Gregory Unangst, President, Friends of Stevens Creek Trail, continued the presentation supporting the Stevens Creek Trail extension and offered suggestions to address their concerns. Rajiv Mathur, Executive Director, Friends of Stevens Creek Trail, continued the presentation supporting the Stevens Creek Trail extension and offered suggestions to address their concerns. Jim Meyerson, Friends of Stevens Creek Trail, Bike Sunnyvale, continued the presentation supporting the Stevens Creek Trail extension and offered input how to best address their suggestions. Sharlene Liu, Bike Sunnyvale, Friends of Stevens Creek Trail, continued the presentation supporting the Stevens Creek Trail extension and offered suggestions to improve the plan. City of Sunnyvale Page 6 City Council Meeting Minutes March 21, 2023 Garth Williams, Friends of Stevens Creek Trail, continued the presentation supporting the Stevens Creek Trail extension and offered suggestions to address their concerns. Andrea Stanitcke continued the presentation supporting the Stevens Creek Trail extension and offered input on how to best improve the plan. Scott Walker continued the presentation supporting the Stevens Creek Trail extension and offered suggestions to address their concerns. Clare Meyerson continued the presentation supporting the Stevens Creek Trail extension. Paul Besser spoke in support of extending the Stevens Creek Trail and provided input to improve traffic intersections along the proposed plan. Tim Oey voiced support for the Stevens Creek Trail extension and provided suggestions to better improve bicycle and pedestrian safety in the plan. Patrick Grant provided a presentation supporting the Stevens Creek Trail extension and offered suggestions to address their concerns. Godzilla questioned why the Stevens Creek Trail extension is receiving public funding while the unhoused population cannot find monetary support.. Lei Mehlman communicated their safety concerns to portions of the planned Stevens Creek Trail extension and offered suggestions that address these concerns. Sara Deshpande shared their privacy and safety concerns as a homeowner neighboring the proposed Stevens Creek Trail extension. Coleen Hausler voiced support for adding an overpass to the Stevens Creek Trail extension to address safety concerns of the community. Angela Rausch spoke in support for extending the Stevens Creek Trail and offered suggestions how City staff can best move forward. City of Sunnyvale Page 7 City Council Meeting Minutes March 21, 2023 Ari Feinsmith voiced support for the southeast landing overpass to be added to the Stevens Creek Trail extension to help address safety concerns. Dan Hafeman spoke in support for the southeast landing overpass and offered further suggestions to be considered in the Stevens Creek Trail extension. Connie Mariottini communicated their concerns with building a Stevens Creek Trail extension due to safety and erosion implications to the creek. Public Hearing closed at 9:53 p.m. MOTION: Vice Mayor Din moved and Councilmember Cisneros seconded the motion to approve Alternative 1: Confirm the preferred alignment of the Stevens Creek Trail for the Remington Drive to Fremont Avenue Segment consisting of an off-street trail along the Creek with two connections at Fremont Avenue on both sides of SR85 with adjustments due to changes in creek conditions with the following modifications: - Direct staff to incorporate a Fremont Ave. overpass into the design phase if external funding from Valley Transportation Authority (VTA) or other source(s) can be secured within 7 months; - Communicate with Stanford University regarding a potential creek-side trail extension along their property, and to return to Council with a comparable report between the Fremont Ave. overpass option and the currently proposed plan if funding is secured for the design phase. FRIENDLY AMENDMENT: Councilmember Cisneros offered a friendly amendment to explore external funding from Valley Transportation Authority or other sources be limited to 13 months instead of 7 months. Vice Mayor Din accepted the friendly amendment. The motion as amended carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 City of Sunnyvale Page 8 City Council Meeting Minutes March 21, 2023 City Council took a recess at 10:44 p.m. and returned at 10:52 p.m. with all Councilmembers present. 3 23-0095 Approve the 2022 Housing Element Annual Progress Report Housing Officer Jenny Carloni provided the staff report and presentation. Public Hearing opened at 10:57 p.m. Coleen Hausler voiced their support for exploring affordable housing options in Sunnyvale. Public Hearing closed at 10:58 p.m. MOTION: Vice Mayor Din moved and Councilmember Cisneros seconded the motion to approve Alternative 1: Approve the 2022 Housing Element Annual Progress Report and direct staff to submit it to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development. 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 23-0396 Consider Approval of the Draft HOME American Rescue Plan (ARP) Allocation Plan and Draft Substantial Amendment to the 2021 Housing and Urban Development (HUD) Action Plan Housing Officer Jenny Carloni provided the staff report. Public Hearing opened at 11:09 p.m. City of Sunnyvale Page 9 City Council Meeting Minutes March 21, 2023 Coleen Hausler voiced her appreciation for this plan supporting the unhoused situation in Sunnyvale. Godzilla spoke in appreciation to funds being distributed to support the unhoused population in Sunnyvale. Public Hearing closed at 11:12 p.m. MOTION: Vice Mayor Din moved and Councilmember Cisneros seconded the motion to approve Alternative 1: Approve the HOME ARP Allocation Plan and Substantial Amendment to the 2021 Action Plan as shown in Attachment 3 of the staff report. 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 5 23-0167 Adopt a Resolution to Abolish the Board of Building Code Appeals; Introduce an Ordinance to Amend Sunnyvale Municipal Code 19.39 (Green Building Regulations) and Various Sections of Title 16 (Buildings and Construction) Related to the Board of Building Code Appeals; Approve Related Changes to Council Policy 7.2.19 (Boards and Commissions); and Find that These Actions are Exempt from the California Environmental Quality Act (CEQA) Under CEQA Guidelines Section 15378(b)(5) City Clerk David Carnahan provided the staff report. Public Hearing opened at 11:17 p.m. Martin Pyne, Planning Commission Chair, spoke to the Planning Commission's recommendations to Council. City of Sunnyvale Page 10 City Council Meeting Minutes March 21, 2023 Public Hearing closed at 11:19 p.m. MOTION: Vice Mayor Din moved and Councilmember Melton seconded the motion to approve Alternative 1: A) Introduce an Ordinance to amend Sunnyvale Municipal Code Chapters 16.16 (Building Code) and 19.39 (Green Building Regulations) and related actions to dissolve the Board of Building Code Appeals and have City Council serve as the Local Appeals Board as set forth in the California Building Code Section 1.8.8.1; (B) Adopt a Resolution to dissolve the Board of Building Code Appeals; and (C) Approve conforming amendments to Council Policy 7.2.19 on Boards and Commissions. 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 Sell provided comments on outreach they received from the unhoused population in Sunnyvale. Councilmember Srinivasan provided further comments on outreach they received from the unhoused population in Sunnyvale. Mayor Klein spoke to the meeting he shared with some of the unhoused individuals in Sunnyvale. Councilmember Cisneros commented on the unhoused population and the City of Sunnyvale Page 11 City Council Meeting Minutes March 21, 2023 importance of supporting new housing initiatives. -City Manager City Manager Kent Steffens provided an update on the City’s move into the new City Hall. INFORMATION ONLY REPORTS/ITEMS 23-0240 Tentative Council Meeting Agenda Calendar 23-0291 Information/Action Items 23-0234 Study Issue Presentation Dates for Recommended Studies in 2023 (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting in honor of Fremont Union High School Board Trustee Roy Rocklin at 11:29 p.m. City of Sunnyvale Page 12