City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, April 25, 2023 5:00 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Study Session - 5 PM | Regular Meeting - 7 PM 5 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Vice Mayor Din called the meeting to order at 5:00 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 Pursuant to Government Code Section 54953(b), Mayor Klein participated via teleconference from Element Bend, The Bulletin Conference Room, 1526 NW Wall Street, Bend, OR 97703. Study Session A 23-0398 Equity, Access and Inclusion Training and Update Deputy City Manager Jaqui Guzmán and Paul Hudson, Seed Collaborative, provided the staff report and presentation. Public Comment opened at 6:47 p.m. No speakers. Public Comment closed at 6:47 p.m. Adjourn Special Meeting City of Sunnyvale Page 1 City Council Meeting Minutes April 25, 2023 Vice Mayor Din adjourned the meeting at 6:48 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Vice Mayor Din called the meeting to order at 7:00 p.m. SALUTE TO THE FLAG Vice Mayor Din 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 Pursuant to Government Code Section 54953(b), Mayor Klein participated via teleconference from Element Bend, The Bulletin Conference Room, 1526 NW Wall Street, Bend, OR 97703. SPECIAL ORDER OF THE DAY B 23-0368 Small Business Week Vice Mayor Din spoke in recognition of small business week. Mike D’Ambrosio, Owner, New York Style Sausage, communicated their appreciation for Sunnyvale honoring their business. C 23-0369 Asian Pacific American (APA) Heritage Month Vice Mayor Din spoke in recognition of Asian Pacific American (APA) Heritage Month. D 23-0371 Arab-American Heritage Month Vice Mayor Din spoke in recognition of Arab American Heritage Month. City of Sunnyvale Page 2 City Council Meeting Minutes April 25, 2023 Maha Elgenaidi, Executive Director, Islamic Networks Group, provided words in honor of Arab American Heritage Month. E 23-0367 Library Week Vice Mayor Din spoke in recognition of Library Week. Director of Library and Recreation Services Michelle Perera accepted the recognition. ORAL COMMUNICATIONS Councilmember Sell announced details of the current recruitment for various Boards and Commissions, the upcoming Ride and Drive Event and Older Americans Month events being held at the Sunnyvale Senior Center. Ammar Khan shared their safety and privacy concerns regarding individuals living in mobile homes in front of their home. John Kehoe provided remarks seeking assistance and support for Sunnyvale’s Baylands Park and Grassroots Ecology's efforts to support the park. Suh Jean Lin shared their traumatic experiences dealing with the Home First organization and living in their homeless shelter. Stephen Meier communicated their concerns with pedestrian and bicycle safety in Sunnyvale after the recent death of a pedestrian on Fair Oaks Avenue. Sharon Salmons shared their safety and privacy concerns regarding individuals living in mobile homes in the Cherry Chase neighborhood. Chakkaravarthy Periyasamy Balalah communicated their safety and privacy concerns regarding individuals living in mobile homes in the Cherry Chase neighborhood. CONSENT CALENDAR Public Comment opened at 7:47 p.m. No speakers. Public Comment closed at 7:47 p.m. Councilmember Mehlinger pulled agenda item 1.A for separate consideration. City of Sunnyvale Page 3 City Council Meeting Minutes April 25, 2023 MOTION: Councilmember Mehlinger moved and Councilmember Cisneros seconded the motion to approve agenda items 1.B through 1.H. 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 23-0293 Approve City Council Meeting Minutes of March 14, 2023 Public Hearing opened at 7:52 p.m. No speakers. Public Hearing closed at 7:52 p.m. MOTION: Councilmember Mehlinger moved and Councilmember Melton seconded the motion to approve the City Council Meeting Minutes of March 14, 2023 as submitted. 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.B 23-0050 Approve City Council Meeting Minutes of March 21, 2023 Approve the City Council Meeting Minutes of March 21, 2023 as submitted. 1.C 23-0267 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager City of Sunnyvale Page 4 City Council Meeting Minutes April 25, 2023 Approve the list(s) of claims and bills. 1.D 23-0496 Adopt a Resolution Amending the Classification Plan and the City’s Salary Resolution to Add the Classification of Homeless Services Manager and Update the Schedule of Pay Adopt a Resolution to amend the Classification Plan and the City’s Salary Resolution to add the new Classification of Homeless Services Manager and make corresponding updates to the Schedule of Pay effective April 30, 2023. 1.E 23-0426 Receive and File the FY 2021/22 Annual Agreed Upon Procedure Audit Reports Receive and file the agreed upon Procedure Reports. 1.F 23-0210 Authorize the Issuance of a Purchase Agreement to Reed & Graham, Inc. for Asphaltic Materials and Pavement Reinforcement Fabric (F23-065) Take the following actions: - Authorize the issuance of a Purchase Agreement with Reed & Graham, Inc. in a not-to-exceed amount of $1,535,000; and - Authorize the City Manager to amend the not-to-exceed amount and to renew the contract for four (4) additional one-year periods, subject to available budget and if pricing and services remain acceptable to the City. 1.G 23-0487 Award a Contract to Storm Water Inspection & Maintenance Services Inc. for Manufacturing and Installing 350 Full Trash Capture Devices (F23-116) Take the following actions: - Approve a Services Agreement in substantially the same form as Attachment 1 to the report in an amount not-to-exceed $473,412.00 to Storm Water Inspection & Maintenance Services Inc. for the manufacture and installation of 350 Stormtek ST3G Connector Pipe Screens; - Authorize the City Manager to execute the Agreement when all conditions have been met; and - Approve a 10% contingency in the amount of $47,340. 1.H 23-0185 Authorize the Public Works Director, or Designee, to Execute a Change Order in the Amount of $5,100,000 for the Contract with C. Overaa & Co. for Primary Treatment Facility Package 2 Settle a Construction Claim Related to PG&E Delays and City of Sunnyvale Page 5 City Council Meeting Minutes April 25, 2023 Other Associated Delay Claims and Approve Budget Modification No. 19 in the Amount of $5,200,000 Take the following actions: - Authorize the Public Works Director, or designee, to execute a Change Order, in substantially the same form as updated Attachment 1 to the Report (posted 4/25/2023), in the amount of $5,100,000 for the Contract with C. Overaa & Co. for Primary Treatment Facility Package 2 to settle a construction claim related to PG&E delays and other associated delay claims; and - Approve Budget Modification No. 19 in the amount of $5,200,000. 1.I 23-0443 Reject all Bids Received for South Hill Slope Repair project (F23-060) Reject all bids received in response to Invitation for Bids F23-060 South Hill Slope Repair Project. PUBLIC HEARINGS/GENERAL BUSINESS 2 23-0515 Introduce an Ordinance to Add Chapter 19.71 of Title 19 of the Sunnyvale Municipal Code Creating a Residential Tenant Protections Program (Study Issue) Housing Officer Jenny Carloni provided the staff report and presentation. Public Hearing opened at 9:01 p.m. Planning Commission Chair Martin Pyne, spoke to the Commission's recommendations to Council regarding this item. Anil Babbar, California Apartment Association, provided feedback on the written Ordinance and Council’s discussion and questions to city staff. Agnes Veith, spoke in support of the Ordinance and the recommendation for payments of two months of rent in the case of a no fault, just cause eviction. Jessica Martin, Silicon Valley@Home, communicated support for the Ordinance that will create a Residential Tenant Protections Program and proposed Sunnyvale explore further options to protect renters. Janet Murdock spoke to how the Ordinance can negatively affect small business landlords' efforts to offer affordable housing to their tenants. City of Sunnyvale Page 6 City Council Meeting Minutes April 25, 2023 Public Hearing closed at 9:15 p.m. MOTION: Councilmember Cisneros moved and Councilmember Sell seconded the motion to approve Alterative 2: Introduce an Ordinance to add Chapter 19.71 (Residential Tenant Protections Ordinance) to Title 19 (“Zoning”) of the Sunnyvale Municipal Code creating a Residential Tenant Protections Program with modifications to instruct staff to study extending the relocation assistance for tenants to 3 months and providing further tenant protections to the vulnerable and elderly and return to Council with the results to potentially amendment the ordinance. FRIENDLY AMENDMENT: Mayor Klein proposed a friendly amendment to include in the ordinance the requirement for posting notices to include the ordinance change, a summary of AB 1482, and contact details for the Sunnyvale Housing Department. Councilmember Cisneros and Councilmember Sell accepted the friendly amendment. FRIENDLY AMENDMENT: Councilmember Mehlinger proposed a friendly amendment to direct staff to study reducing the just cause eviction tenant protections to retroactively begin on day 1 of a lease agreement. Councilmember Cisneros and Councilmember Sell accepted the friendly amendment. 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 City Council took a recess at 9:39 p.m. and returned at 9:46 p.m. with Vice Mayor Din and all Councilmembers present in the Bay Conference Room (Room 145) and Mayor Klein participating via teleconference from Element Bend, The Bulletin Conference Room, 1526 NW Wall Street, Bend, OR 97703. City of Sunnyvale Page 7 City Council Meeting Minutes April 25, 2023 3 23-0069 Evaluation of Wi-Fi Installation in the Community Center Grounds Renovation Project (PR-21-05) Public Works Director Chip Taylor provided the staff report and presentation. Public Hearing opened at 10:09 p.m. No speakers. Public Hearing closed at 10:09 p.m. MOTION: Councilmember Srinivasan moved and Councilmember Melton seconded the motion to approve Alternative 1: Approve Wi-Fi installation for Common Area Coverage to be included in the Community Center Grounds Renovation Project and direct staff to add associated operating funds to the operating budget. 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 City Council took a recess at 10:15 p.m. and returned at 10:20 p.m. with Vice Mayor Din and all Councilmembers present in the Bay Conference Room (Room 145) and Mayor Klein participating via teleconference from Element Bend, The Bulletin Conference Room, 1526 NW Wall Street, Bend, OR 97703. 4 23-0350 Consider Adoption of a Resolution to Oppose Initiative 21-0042A1 Sponsored by the California Business Roundtable, Also Known as “The Taxpayer Protection and Government Accountability Act,” Which has Qualified for the November 2024 Ballot Finance Director Tim Kirby provided the staff report. Public Hearing opened at 10:40 p.m. City of Sunnyvale Page 8 City Council Meeting Minutes April 25, 2023 Jen spoke in support of adopting the Resolution to oppose Initiative 21-0042A1. Public Hearing closed at 10:44 p.m. MOTION: Councilmember Mehlinger moved and Councilmember Melton seconded the motion to approve Alternative 1: Adopt a Resolution (Attachment 1) to oppose Initiative 21-0042A1 or “The Taxpayer Protection and Government Accountability Act” and find that the Action is not a project under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 (a). 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 Councilmember Melton shared Councilmember Srinivasan completing the process to become an Alternate Commissioner to the Santa Clara County Airport Land-Use Commission and announced he was installed as Chair of the Local Agency Formation Commission for 2023. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Mehlinger inquired if the City utilizes facial recognition technology. Councilmember Mehlinger proposed a study issue to examine the possibility of establishing a sanctioned encampment for unhoused individuals in Sunnyvale. Mayor Klein, Vice Mayor Din, and Councilmembers Cisneros, Srinivasan, and Sell co-sponsored the study issue. -City Manager City Manager Kent Steffens provided an update on the emergency declaration related to storm damage at the Stevens Creek embankment on Mockingbird Lane. City of Sunnyvale Page 9 City Council Meeting Minutes April 25, 2023 INFORMATION ONLY REPORTS/ITEMS 23-0290 Board/Commission Meeting Minutes 23-0299 Tentative Council Meeting Agenda Calendar 23-0300 Information/Action Items 23-0297 Notice of Public Works Director’s Decision on Final Maps (Information Only) 23-0255 Moffett Park Specific Plan Pros and Cons of Taller Buildings (Information Only) ADJOURNMENT Vice Mayor Din adjourned the meeting at 11:01 p.m. City of Sunnyvale Page 10