City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, October 10, 2023 5:00 PM Online and Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 5 PM | Special Meeting: Study Session - 5:30 PM | Regular Meeting - 7 PM 5 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Vice Mayor Din called the meeting to order at 5:00 p.m. Roll Call Present: 6 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Linda Sell Absent: 1 - Councilmember Murali Srinivasan Public Comment Public Comment opened at 5:02 p.m. No speakers. Public Comment closed at 5:02 p.m. Convene to Closed Session Council convened to Closed Session in the Council Conference Room at 5:02 p.m. A 23-0916 Closed Session Held Pursuant to Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Case: Emerencita Marcelo v. Emilio Guerra, City of Sunnyvale, Santa Clara County Superior Court, Case No. 21CV390970 Adjourn Special Meeting City of Sunnyvale Page 1 City Council Meeting Minutes October 10, 2023 Vice Mayor Din adjourned the meeting at 5:32 p.m. 5:30 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Vice Mayor Din called the meeting to order at 5:32 p.m. Roll Call Present: 6 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Linda Sell Absent: 1 - Councilmember Murali Srinivasan Study Session B 23-0821 Climate Action Playbook: Game Plan 2028 Environmental Services Director Ramana Chinnakotla, Regulatory Programs Division Manager Melody Tovar and Environmental Programs Manager Madeline Khair provided the staff report and presentation. Public Comment opened at 6:57 p.m. Kristel Wickham spoke in support of the Climate Action Playbook policies and encouraged the City to explore further options for the 2028 game plan. Stephen Meier advocated for the City to review City policies that are contrary to achieving the Climate Action Playbook goals. Doug Kunz shared their support for the Climate Action Playbook and offered suggestions how to quantify the City's emission reductions. Matthew Asuncion spoke in favor of the Climate Action Playbook and provided comments on the noise reduction portion of the Playbook. Public Comment closed at 7:23 p.m. Adjourn Special Meeting City of Sunnyvale Page 2 City Council Meeting Minutes October 10, 2023 Vice Mayor Din adjourned the meeting at 7:23 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:32 p.m. SALUTE TO THE FLAG Mayor Klein led the salute to the United States flag. ROLL CALL Present: 6 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Linda Sell Absent: 1 - Councilmember Murali Srinivasan CLOSED SESSION REPORT Vice Mayor Din reported that Council met in Closed Session Held Pursuant to Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9: Conference with Legal Counsel Existing Litigation Name of Case: Emerencita Marcelo v. Emilio Guerra, City of Sunnyvale, Santa Clara County Superior Court, Case No. 21CV390970; nothing to report. SPECIAL ORDER OF THE DAY C 23-0382 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 to Breast Cancer Awareness Month. D 23-0388 National Friends of the Library Week Mayor Klein read a proclamation in honor of National Friends of the Library Week. Superintendent of Libraries Garrett Kuramoto spoke towards the proclamation. City of Sunnyvale Page 3 City Council Meeting Minutes October 10, 2023 E 23-0386 Freedom from Workplace Bullies Week Mayor Klein read a proclamation in honor of Freedom from Workplace Bullies Week. Human Resources Director Tina Murphy spoke towards the proclamation. F 23-0387 Cybersecurity Awareness Month Mayor Klein read a proclamation in honor of Cybersecurity Awareness Month. Chief Information Officer/Information Technology Director Kathleen Boutté Foster-Gee spoke towards the proclamation. ORAL COMMUNICATIONS Councilmember Melton announced details of the current recruitment for various Boards and Commissions. Kristal Wickham announced an upcoming electrical home tour event. Sharon Salmons provided an update and shared their concerns on the unhoused population living in vehicles in the Cherry Chase neighborhood. Amir Khan communicated their concerns regarding individuals living in their vehicles in the Cherry Chase neighborhood. Paster Matt Wise voiced their concerns with recreational vehicles parking long-term in the Cherry Chase neighborhood. Susan Hinton, Sierra Club Conservationist, spoke to their experience spending the day at Lakewood Park. Carrie Levin shared their thoughts as to why Fair Oaks Park is not a good model to follow to renovate Lakewood Park. Debra King provided photo examples of their concerns on recreational vehicles parking in the Cherry Chase neighborhood. Rose communicated their advocacy for the unhoused population and their need for assistance. Tom Henning voiced their support for the unhoused population and need for safe City of Sunnyvale Page 4 City Council Meeting Minutes October 10, 2023 living solutions for those living at the Central Expressway encampment. Michael spoke to their difficult experience with HomeFirst and being terminated with no answers. Liz Steward shared their concerns with HomeFirst services and their recent terminations of employees. Leroy Thomas communicated their HomeFirst employment termination experience and sought assistance in getting their job back. Shaunn shared their concerns with the recent HomeFirst termination of employees and implored the City to reconsider their relationship with HomeFirst. Luis Avila spoke to their experience being unhoused in Sunnyvale and asked for assistance from the City. Council heard additional Oral Communications from the public after the Public Hearings/General Business portion of the meeting. City Council took a recess at 8:42 p.m. and returned at 8:48 p.m. with Mayor Klein, Vice Mayor Din, and Councilmembers Melton, Cisneros, Mehlinger and Sell present. CONSENT CALENDAR Public Comment opened at 8:48 p.m. Several members of the public addressed Council. Public Comment closed at 8:51 p.m. MOTION: Vice Mayor Din moved and Councilmember Mehlinger seconded the motion to approve agenda items 1.A through 1.E. The motion carried with the following vote: City of Sunnyvale Page 5 City Council Meeting Minutes October 10, 2023 Yes: 6 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Sell No: 0 Absent: 1 - Councilmember Srinivasan 1.A 23-0893 Approve City Council Meeting Minutes of September 26, 2023 Approve the City Council Meeting Minutes of September 26, 2023 as submitted. 1.B 23-0279 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.C 23-0186 Adopt the City’s Investment Policy (Council Policy 7.1.2) for Fiscal Year 2023/24 and Receive the Annual Performance Report for Fiscal Year 2022/23 Adopt the City’s Investment Policy for FY 2023/24 (Council Policy 7.1.2) and receive the Annual Performance Report for Fiscal Year 2022/23. 1.D 23-0865 Award of Contract to Chrisp Company for Sunnyvale Bicycle, Pedestrian and Safe Routes to School Safety Improvements Re-Bid, Finding of California Environmental Quality Act (CEQA) Exemption Pursuant to CEQA Guidelines Section 15301(c), and Approval of Budget Modification No. 6 in the Amount of $189,827 (PW24-01) Take the following actions: - Award a contract in substantially the same for as Attachment 2 to the report in the amount of $1,899,842.50 to Chrisp Company; - Approve a 10% construction contingency in the amount of $189,984.30; - Authorize the City Manager to execute the contract when all necessary conditions have been met; - 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. 6 in the amount of $189,827. City of Sunnyvale Page 6 City Council Meeting Minutes October 10, 2023 1.E 23-0901 Award of Contract to FBD Vanguard Construction, Inc. in the Amount of $3,890,821 for SNAIL Neighborhood Improvements and Finding of California Environmental Quality Act (CEQA) Categorical Exemption Pursuant to CEQA Guidelines Section 15302(c) (PW23-15) Take the following actions: - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $3,890,821 to FBD Vanguard Construction, Inc.; - Approve a 10% construction contingency in the amount of $389,082; - 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). PUBLIC HEARINGS/GENERAL BUSINESS 2 23-0891 Award of a Contract to Page & Turnbull, Inc. to Evaluate Options for the Long-Term Operation and Maintenance of Orchard Heritage Park and Review Proposed Expansion of the Sunnyvale Historical Society and Museum (F19-211) and Approve Budget Modification No. 6 in the Amount of $74,738 Public Works Director Chip Taylor provided the staff report. Public Hearing opened at 9:15 p.m. Margaret Lawson spoke to the importance of Orchard Heritage Park along with the Sunnyvale Historical Society and Museum. Matthew Asuncion shared their support for highlighting the Muwekma Ohlone history at the Sunnyvale Historical Society and Museum. Tara Martin-Milius voiced the potential positive long-term impact of the orchard and how it can be used as an educational site. Mike Serrone communicated their support for the proposed expansion of the Sunnyvale Historical Society and Museum. Public Hearing closed at 9:27 p.m. City of Sunnyvale Page 7 City Council Meeting Minutes October 10, 2023 MOTION: Councilmember Melton moved and Councilmember Cisneros seconded the motion to approve Alternative 1 to take the following actions: - Award a contract in substantially the same form as Attachment 1 to the report in an amount not-to-exceed $404,513 to Page & Turnbull, Inc.; - Authorize the City Manager to execute the contract when all necessary conditions have been met; - Approve a 5% contract contingency in the amount of $20,225; and - Approve Budget Modification No. 6 in the amount of $74,738. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Sell No: 0 Absent: 1 - Councilmember Srinivasan ORAL COMMUNICATIONS Jackie Lloyd shared their belief they were discriminated against as an employee at HomeFirst in Sunnyvale and asked for an investigation on HomeFirst’s business practices. Judy Louser voiced their concerns with Sunnyvale’s equity, access and inclusion programs and use of racial language in city ordinances. Vice Mayor Din left the meeting at 9:42 p.m. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS None. NON-AGENDA ITEMS & COMMENTS -Council Councilmember Mehlinger presented photographs from their recent visit to Vienna and spoke to the historical significance of the photographs. City of Sunnyvale Page 8 City Council Meeting Minutes October 10, 2023 Councilmember Melton asked the City Attorney about the development of a City policy regarding free speech and public comments during public meetings. City Attorney John Nagel acknowledge City staff is exploring drafting language to address disruptive public comments within free speech protections. Councilmember Melton sought clarification from the City Manager if HomeFirst accepted the recent contract extension offered by the City. City Manager Steffens confirmed HomeFirst accepted the proposed contract. Councilmember Melton spoke to a recent bicyclist and vehicle collision and the positive safety response to the incident. Mayor Klein communicated that Sunnyvale does not condone the hate speech that was used during public comments. Councilmember Sell asked if the Sunnyvale contract with HomeFirst allows the City to review the employment practices of HomeFirst. City Manager Steffens clarified Sunnyvale’s contract with HomeFirst does not give Sunnyvale the authority to audit their employment practices. Councilmember Sell asked if the Public Safety representative could share details of the Firefighters Pancake Breakfast event. Deputy Chief Daniel Pistor shared details of the Firefighters Pancake Breakfast event. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 23-0894 Tentative Council Meeting Agenda Calendar 23-0895 Board/Commission Meeting Minutes 23-0896 Information/Action Items City of Sunnyvale Page 9 City Council Meeting Minutes October 10, 2023 23-0961 Council Advocacy Letters 23-0956 Board/Commission Resignations (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 10:09 p.m. City of Sunnyvale Page 10