City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, October 24, 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 - 5:45 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 5:02 p.m. Roll Call Present: 6 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell Absent: 1 - Councilmember Alysa Cisneros Public Comment Public Comment opened at 5:07 p.m. No speakers. Public Comment closed at 5:07 p.m. Convene to Closed Session Council convened to Closed Session in the Council Conference Room at 5:07 p.m. A 23-0159 Closed Session Held Pursuant to California Government Code Section 54957 (a): THREAT TO PUBLIC SERVICES OR FACILITIES Topic: Council Chambers Security Consultation with Sunnyvale Department of Public Safety: Phan Ngo, Director of Public Safety and Jeromy Lima, Public Safety Captain; John Nagel, City Attorney City of Sunnyvale Page 1 City Council Meeting Minutes October 24, 2023 Adjourn Special Meeting Vice Mayor Din adjourned the meeting at 5:37 p.m. 5:45 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Vice Mayor Din called the meeting to order at 5:45 p.m. Roll Call Present: 6 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell Absent: 1 - Councilmember Alysa Cisneros Study Session B 23-0957 Overview of Universal/Guaranteed Basic Income Study Issue Affordable Housing Manager Ernie Defrenchi and Joe Dougherty, Partner, Dalberg Advisors, provided the staff report and presentation. Public Comment opened at 6:57 p.m. Mike Serrone spoke in support of a guaranteed basic income program and advocated that starting with a pilot study was unnecessary. Marie Bernard, Sunnyvale Community Services (SCS), shared their support for a guaranteed basic income program and readiness for SCS to partner with such a program. Stephen Meier voiced their support for a guaranteed basic income program and stated they are a proponent for the City partnering with local employers to fund the program. Public Comment closed at 7:06 p.m. Adjourn Special Meeting City of Sunnyvale Page 2 City Council Meeting Minutes October 24, 2023 Vice Mayor Din adjourned the meeting at 7:06 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Vice Mayor Din called the meeting to order at 7:15 p.m. SALUTE TO THE FLAG Vice Mayor Din led the salute to the United States flag. ROLL CALL Present: 6 - Mayor Larry Klein Vice Mayor Omar Din Councilmember Russ Melton Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Linda Sell Absent: 1 - Councilmember Alysa Cisneros CLOSED SESSION REPORT Vice Mayor Din reported that Council met in Closed Session Held Pursuant to California Government Code Section 54957 (a): Threat to Public Services or Facilities Topic: Council Chambers Security Consultation with Sunnyvale Department of Public Safety: Phan Ngo, Director of Public Safety and Jeromy Lima, Public Safety Captain; John Nagel, City Attorney; nothing to report. SPECIAL ORDER OF THE DAY C 23-0967 Filipino American History Month Vice Mayor Omar Din and Ann Rigino, President, Filipino American National Historical Society Santa Clara Valley, spoke in honor of Filipino American History Month. D 23-0389 Picture Book Month Vice Mayor Omar Din spoke in honor of Picture Book Month. PRESENTATION E 23-0968 Legislative Updates by Senator Aisha Wahab City of Sunnyvale Page 3 City Council Meeting Minutes October 24, 2023 Senator Aisha Wahab presented an update on California State legislation. ORAL COMMUNICATIONS Councilmember Mehlinger announced details of the current recruitment for various Boards and Commissions, the Sunnyvale Advisory Committee on Accessibility (ACA) recruitment, and an upcoming Drive Electric webinar. Margaret Lawson communicated their suggestions to revamp Fremont Avenue, revive the Sunnyvale photo contest, and adding City Hall guides to help answer community questions. Jessica Salans asked Council to support Palestine and shared COVID virus precautions for the public to take. David Kesting spoke in support for study issue DPW 20-11-Evaluate Feasibility of Dog Off-leash Hours in Select Sunnyvale Park(s). Dan Rickhoff spoke in support for dog off-leash areas in Sunnyvale parks. Gary Tyrnauer, Sunnyvale Dog Park Friends, provided a presentation supporting dog-off leash areas at Sunnyvale parks. Scott Clark, Sunnyvale Dog Park Friends, continued the presentation. Elise Levy, Sunnyvale Dog Park Friends, continued the presentation. Louise Saadati, shared a video in support of dog off0leash areas at Sunnyvale parks. Chris Driggett spoke to the benefits of off-leash dog areas at parks for both dogs and their owners. Barbara Fukumoto communicated their advocacy for prioritizing environmental policies. Marcelo Areas communicated their support for improving Sunnyvale parks and fields. Sharlene Liu had questions regarding the potential Library Bond measure compared City of Sunnyvale Page 4 City Council Meeting Minutes October 24, 2023 with the potential Real Property Transfer Tax (RPTT) and would support the RPTT if only one would be considered. Chris Heynes shared their support for dog off-leash areas at Sunnyvale parks. City Council took a recess at 8:40 p.m. and returned at 8:47 p.m. with Vice Mayor Din and Councilmembers Melton, Srinivasan, and Sell in the Council Chambers and Mayor Klein and Councilmember Mehlinger attending via teleconference. CONSENT CALENDAR Public Comment opened at 8:47 p.m. No speakers. Public Comment closed at 8:47 p.m. MOTION: Councilmember Melton moved and Mayor Klein seconded the motion to approve agenda items 1.A through 1.G. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 Absent: 1 - Councilmember Cisneros 1.A 23-0280 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 23-0867 Award of two Recreation Contracts to: (1) Sportzania Inc. DBA Skyhawks Sports for Multi-Sports Instruction Services (F23-100); and (2) California Sports Center for Gymnastics Instruction Services (F23-103) Take the following actions: - Award a two-year contract to Sportzania Inc DBA Skyhawks Sports of San Jose for Multi-Sports instruction services and camp programs offered to the public in City of Sunnyvale Page 5 City Council Meeting Minutes October 24, 2023 substantially the same form as in Attachment 2 to the report; - Award a two-year contract to California Sports Center of San Jose for gymnastics instruction services and camp programs offered to the public in substantially the same form as Attachment 1 to the report; - Authorize the City Manager to renew each contract for up to four additional one-year periods, provided pricing and service remain acceptable to the City; and - Authorize the City Manager to execute the contracts when all necessary conditions have been met. 1.C 23-0868 Award of Contract in the Amount of $330,805 to Econolite Systems, Inc. to Provide, Remove and Install Traffic Controller Cabinet Assemblies and Finding of California Environmental Quality Act (CEQA) Categorical Exemption Pursuant to CEQA Guidelines Section 15301 (F23-141) - Make a finding of California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines Section 15301 for the maintenance, repair or minor alteration of an existing facility involving negligible or no expansion of use beyond that presently existing; - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $330,805.96 to Econolite Systems, Inc. of Anaheim, CA; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Approve a 10% contingency in the amount of $33,080.00. 1.D 23-0882 Award a Contract in the Amount of $244,500 to Econolite Systems, Inc., for the Purchase of the Centracs Advanced Traffic Management System (ATMS) and Software Maintenance Agreement and Finding of California Environmental Quality Act (CEQA) Categorical Exemption Pursuant to CEQA Guidelines section 15301 (F24-020) Take the following actions: - Make a finding of California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines section 15301 for the maintenance, repair or minor alteration of an existing facility involving negligible or no expansion of use beyond that presently existing; - Award a service agreement in the amount not-to-exceed $244,500 in substantially the same form as Attachment 2 to the report to Econolite Systems, Inc., for the purchase of the Centracs Advanced Traffic Management System ($187,700 includes license, implementation, integration, testing and training) and a four (4) City of Sunnyvale Page 6 City Council Meeting Minutes October 24, 2023 year software maintenance agreement ($14,200 per year for 4 years to start after the 1-year warranty period); - Authorize the City Manager to execute the contract when all conditions have been met; and - Approve a 10% contingency in the amount of $24,450. 1.E 23-0953 Award of Contract to American Restore in the Amount of $2,673,321.00 to Resurface the Existing Tip Floor at the SMaRT Station® and Finding of California Environmental Quality Act (CEQA) Categorical Exemption (F23-156) Pursuant to CEQA Guidelines Section 15301(c) and (d) Take the following actions: - Award a contract to American Restore in the amount of $2,673,321.00 in substantially the same form as Attachment 2 to the report; - Authorize the City Manager to execute the contract when all necessary conditions have been met; - Approve an approximate 10% contract contingency in the amount of $267,332; and - Find that the Project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c) and (d). 1.F 23-0935 Approve First Amendment to the Recycling and Waste Reduction Commission Memorandum of Agreement Permitting Access to Teleconference Options and Authorize the City Manager to Execute Said Agreement Approve a first amendment to the Recycling and Waste Reduction Commission Memorandum of Agreement (MOA), which in turn, will permit access to teleconference options as specified in Government Code Section 54953(b), and authorize the City Manager to execute the MOA. 1.G 23-1005 Approve the Proposed Joint Powers Agreement to Establish the Cities Association of Santa Clara County Joint Powers Agency, Authorize the Mayor to Approve Non-Substantive Changes, and Authorize the Mayor to Execute the Joint Powers Agreement Approve the proposed Cities Association of Santa Clara County (CASCC) Joint Powers Agency (“JPA”); delegate authority to the Mayor to report approval of the JPA at the CASCC Board of Directors Meeting and approve any non-substantive changes made at that Board Meeting; and Authorize the Mayor to execute the JPA. City of Sunnyvale Page 7 City Council Meeting Minutes October 24, 2023 PUBLIC HEARINGS/GENERAL BUSINESS 2 23-0065 Approve the Preferred Concept for the Lakewood Park Renovation Project and Find the Action is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15262 Assistant City Engineer Nathan Scribner provided the staff report and presentation. Public Hearing opened at 10:19 p.m. Tushar Kalra spoke against installing artificial turf at Lakewood Park. Kunal Kalra shared their support for the use of natural grass at Lakewood Park. David Kesting communicated modifications to the staff recommendation for the Lakewood Park Renovation Project for City Council to consider. Richard Levin voiced their concerns with installing artificial turf at Lakewood Park and support for the use of natural fields. Josh Levin addressed safety concerns with artificial turf and their opposition to installing it at Lakewood Park. Sandra Todd, Sunnyvale Soccer, spoke to the advantages of installing artificial turf for recreation sports at Lakewood Park. Gail Giansiracusa, Sunnyvale Soccer, presented an image to help explain their support for installing artificial turf. Damon James, Sunnyvale Soccer, communicated their support for installing artificial turf at Lakewood Park. Haruka Matura, Sunnyvale Alliance Soccer Club, voiced their support for installing artificial turf at Lakewood Park to increase field accessibility year-around. Leah Groppu shared their environmental concerns with installing artificial turf at Lakewood Park. Richard Lesher spoke in support for using natural grass and against installing City of Sunnyvale Page 8 City Council Meeting Minutes October 24, 2023 artificial turf at Lakewood Park. Anne Marie Bonneau voiced their environmental concerns with installing artificial turf at Lakewood Park. Tara Martin-Milius communicated their opposition to installing artificial turf due to environmental and safety concerns. Shailaja provided a presentation and a handout against installing artificial turf at Lakewood Park. Kim Gully presented City Council with a petition signed by those against installing artificial turf at Lakewood Park. Andrea Wald provided a presentation voicing their advocacy against installing synthetic turf at Lakewood Park. Mary Brunkhorst continued the presentation voicing their advocacy against installing synthetic turf at Lakewood Park. Susan Hinton continued the presentation. Carrie Levin continued the presentation. Cortney Jansen continued the presentation. Barbara Fukumoto voiced their concerns with installing artificial turf at Lakewood Park. Mike Lee, President, Sunnyvale Little League, shared their support for installing artificial turf at Lakewood Park to increase the accessibility for organized sports leagues. Laura Wallace communicated their concerns with the use of plastics and artificial turf at Lakewood Park. Nathan Chan shared their personal perspective of Lakewood Park and spoke against installing artificial turf. City of Sunnyvale Page 9 City Council Meeting Minutes October 24, 2023 Cynthia Fan shared their concerns with installing synthetic turf and asked for there to be environmental impact report included if the synthetic turf is included in the renovation plan. Leanne McAuliffe communicated their support for natural grass and advocacy against installing artificial turf at Lakewood Park. Reza Kham, North American Cricket League, shared support for synthetic turf at Lakewood Park to increase year-around accessibility of the sports fields and support for including multi-use batting cages at the park. Muitasa Azam shared their support for synthetic turf at Lakewood Park and installing multi-use batting cages. Mar Junge spoke against installing synthetic turf at Lakewood Park and support for natural grass. David Berman shared their advocacy against installing artificial turf at Lakewood Park. Diane Lesnick voiced concerns to installing synthetic turf at Lakewood Park and instead supports natural grass. Prakash Giri communicated their support for installing multi-use batting cages. Kristina Pistone voiced their concerns with the plastics that come with installing artificial turf. Dianne W communicated their advocacy against installing synthetic turf at Lakewood Park and support for natural grass. Pareesa Amrbar shared their advocacy against installing artificial turf at Lakewood Park. Gail Rubino voiced their environmental concerns with installing artificial turf at Lakewood Park. Mei-Ling Shek provided a presentation against installing artificial turf at Lakewood Park. City of Sunnyvale Page 10 City Council Meeting Minutes October 24, 2023 Karthik Srivatsa Sekar shared their opposition to installing synthetic turf at Lakewood Park. Brian Kim communicated health and environmental concerns with installing artificial turf at Lakewood Park. Caroline McKusick spoke against installing artificial turf at Lakewood Park. Zedory Cottrell communicated their advocacy against installing synthetic turf at Lakewood Park. Stephen Taylor shared their concerns with installing synthetic turf at Lakewood Park. Aiden Chen, Youth Climate Action Team, shared their opposition to installing artificial turf at Lakewood Park. Neha Tadikamalla, Youth Climate Action Team, spoke against installing synthetic turf at Lakewood Park and support for natural grass. Peggy Brewster voiced their environmental and safety concerns with installing artificial turf at Lakewood Park. Jason B. Johnson, Commissioner, American Youth Soccer Organization, spoke to the advantages of artificial turf for youth sports teams and leagues. Anna D. communicated their advocacy against installing synthetic turf at Lakewood Park. Judy Camarota spoke to their safety concerns with installing synthetic turf at Lakewood Park. Neil Bailey shared their support for installing synthetic turf at Lakewood Park to better support sport recreation. Willis Chung spoke against installing synthetic turf at Lakewood Park and support for natural grass. Eileen Le shared their opposition to installing synthetic turf at Lakewood Park. City of Sunnyvale Page 11 City Council Meeting Minutes October 24, 2023 Nicole Lee, Environmental Action Club, voiced their environmental concerns with installing artificial turf at Lakewood Park. Praveen Innamuri shared their opposition to installing synthetic turf at Lakewood Park. Bruce Paton spoke to the environmental concerns with installing artificial turf at Lakewood Park. Laurie Thomas communicated their safety concerns with using synthetic turf for recreation sports. Sanyukta shared their advocacy against installing synthetic grass turf at Lakewood Park and support for natural grass. Public Hearing closed at 11:26 p.m. City Council took a recess at 11:26 p.m. and returned at 11:35 p.m. with Vice Mayor Din and Councilmembers Melton, Srinivasan, and Sell in the Council Chambers and Mayor Klein and Councilmember Mehlinger attending via teleconference. MOTION: Councilmember Mehlinger moved and Councilmember Sell seconded the motion to: Approve Alternative 1: Approve the Preferred Concept Plan for the Lakewood Park Renovation Project as shown on Attachment 5 of the report and find the action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 with the following modifications to: A. Replace the use of artificial turf with natural grass; B. Consider removing fencing south of the halfway line of the multipurpose field; C. Explore the installation of Bermuda grass and other drought resistance natural turf options; and Direct Staff to return with an agenda item that explores removing artificial turf from the renovation plans of Ortega Park and to establishment a City Council policy barring the installation of artificial turf in new City parks. FRIENDLY AMENDMENT: Mayor Klein offered a friendly amendment to include batting cages into the project design. Councilmembers Mehlinger and Sell accepted the friendly amendment. City of Sunnyvale Page 12 City Council Meeting Minutes October 24, 2023 FORMAL AMENDMENT: Councilmember Melton moved and Councilmember Mehlinger seconded the motion to add to the motion, “direct staff to return to City Council with a budget modification of $250,000 from Lakewood Park Renovation Project 834770 to be reallocated to Cricket Batting Cage Project 835960." The formal amendment failed with the following vote: Yes: 1 - Councilmember Melton No: 5 - Mayor Klein Vice Mayor Din Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell Absent: 1 - Councilmember Cisneros Motion separated for the purpose of voting. MOTION PART 1 AS AMENDED RESTATED: Councilmember Mehlinger moved and Councilmember Sell seconded the motion to: Approve Alternative 1: Approve the Preferred Concept Plan for the Lakewood Park Renovation Project as shown on Attachment 5 of the report and find the action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 with the following modifications to: A. Replace the use of artificial turf with natural grass; B. Consider removing fencing south of the halfway line of the multipurpose field; C. Explore the installation of Bermuda grass and other drought resistance natural turf options; and D. Include batting cages into the project design. The motion part 1 as amended carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell City of Sunnyvale Page 13 City Council Meeting Minutes October 24, 2023 No: 0 Absent: 1 - Councilmember Cisneros MOTION PART 2: Councilmember Mehlinger moved and Councilmember Sell seconded the motion to direct Staff to return with an agenda item that explores removing artificial turf from the renovation plans of Ortega Park and to establishment a City Council policy barring the installation of artificial turf in new City parks. The motion part 2 failed with the following vote: Yes: 2 - Councilmember Mehlinger Councilmember Sell No: 4 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Srinivasan Absent: 1 - Councilmember Cisneros MOTION: Mayor Klein moved in accordance with City Council Policy 7.3.19 to hear agenda Item 3. The motion failed due to lack of a second. 3 23-0747 Approve Art in Private Development Project - Hunter Properties/Cityline, Titled Dropping the Ball Agenda item not heard by Council. COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Agenda item not heard by Council. NON-AGENDA ITEMS & COMMENTS -Council Agenda item not heard by Council. F 23-0992 Colleagues Memorandum: Real Property Transfer Tax (RPTT) City of Sunnyvale Page 14 City Council Meeting Minutes October 24, 2023 Agenda item not heard by Council. -City Manager Agenda item not heard by Council. INFORMATION ONLY REPORTS/ITEMS 23-0247 Tentative Council Meeting Agenda Calendar 23-0912 Board/Commission Meeting Minutes 23-0952 Information/Action Items 23-0937 Final Library Civic Center Phase II Outreach Plan and Schedule (Information Only) 23-1001 Mayoral Announcement of Mayor-Appointed Ad Hoc Advisory Committee on City Manager Compensation (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 12:31 a.m. City of Sunnyvale Page 15