City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, November 14, 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 - 6 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: 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 5:03 p.m. No speakers. Public Comment closed at 5:03 p.m. Convene to Closed Session Council convened to Closed Session in the Council Conference Room at 5:03 p.m. A 23-0813 Closed Session Held Pursuant to California Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager and City Attorney Adjourn Special Meeting Vice Mayor Din adjourned the meeting at 6:00 p.m. City of Sunnyvale Page 1 City Council Meeting Minutes November 14, 2023 6 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Vice Mayor Din called the meeting to order at 6:03 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 B 23-0066 Joint Meeting of City Council with Board and Commission Chairs and Vice Chairs to Review and Improve Overall Effectiveness of Commission Meetings City Clerk David Carnahan provided the staff report. Public Comment opened at 7:01 p.m. Kevin Jackson shared their advocacy for improving the way information and communication between boards and commissions is conducted. Sharlene Liu spoke to allowing Commissioners more autonomy for scheduling items to be heard before their commission. Public Comment closed at 7:07 p.m. Adjourn Special Meeting Vice Mayor Din adjourned the meeting at 7:07 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:18 p.m. SALUTE TO THE FLAG City of Sunnyvale Page 2 City Council Meeting Minutes November 14, 2023 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 CLOSED SESSION REPORT Vice Mayor Din reported that Council met in Closed Session Pursuant to California Government Code Section 54957: Public Employee Performance Evaluation Title: City Manager and City Attorney; nothing to report. SPECIAL ORDER OF THE DAY C 23-0391 Small Business Saturday Mayor Klein spoke in recognition of Small Business Saturday. John Augustin, Western Pacific Filipino Grocery, spoke in honor of Small Business Saturday. D 23-0390 Sunnyvale Stands United Against Hate Week Mayor Klein spoke in recognition of United Against Hate Week. Equity Access and Inclusion Manager Fernanda Perdomo-Arciniegas spoke in honor of United Against Hate Week. PRESENTATIONS E 23-1015 Overview of HomeFirst Services and Operations by HomeFirst Chief Executive Officer Andrea Urton Andrea Urton, Chief Executive Officer, HomeFirst Services, provided a presentation on HomeFirst Services. Kelly Vazquez, Chief Program Officer, HomeFirst Services, continued the presentation. City of Sunnyvale Page 3 City Council Meeting Minutes November 14, 2023 ORAL COMMUNICATIONS Vice Mayor Din announced details of the Climate Action Draft Game Plan 2028 kickoff. Nick Brosnahan, Silicon Valley Bicycle Coalition, shared their concerns to the Class 3B bicycle boulevards. Paul Besser provided a presentation depicting safety issues with Sunnyvale bicycle boulevards. Arik Paran spoke against hateful acts toward all people in Sunnyvale, highlighting hateful speech against Jewish people. Ala provided support to the Councilmembers who signed the statement supporting the children of Gaza. Vice Mayor Din provided a statement encouraging attendees and speakers to not address each other in their comments and allow public comments to be made without interruption. Oded Shekel shared their concerns for their safety as a Jewish person in Sunnyvale. Muhammad Yousuf provided support to the Councilmembers who signed the statement supporting the children of Gaza. Yael Levy shared their safety concerns as a Jewish person living in Sunnyvale. Azhar Anwar provided support to the Councilmembers who signed the statement supporting the children of Gaza. Hisham provided support to the Councilmembers who signed the statement supporting the children of Gaza. Muhammad Adel provided support to the Councilmembers who signed the statement supporting the children of Gaza. Muhmoud Ahmed provided support to the Councilmembers who signed the City of Sunnyvale Page 4 City Council Meeting Minutes November 14, 2023 statement supporting the children of Gaza. Yael Wieder provided support to the Councilmember who condemned the attacks on Israel and shared their safety concerns. Sharlene Liu provided a presentation on their safety concerns with Class 3B bicycle boulevards. Andy Yang shared their safety concerns with Class 3B bicycle boulevards. Dan Gotesdyner shared their concerns for their safety as a Jewish person in Sunnyvale. David Cohen shared their concerns for their safety as a Jewish person in Sunnyvale. Sam Gramer shared their concerns for their safety as a Jewish person in Sunnyvale. Numan Husainie provided support to the Councilmembers who signed the statement supporting the children of Gaza. Javed Mohammed provided support to the Councilmembers who signed the statement supporting the children of Gaza. A member of the public provided support to the Councilmembers who signed the statement supporting the children of Gaza. Lubna Hamid provided support to the Councilmembers who signed the statement supporting the children of Gaza. City Council took a recess at 8:48 p.m. and returned at 8:59 p.m. with all Councilmembers present. Aamir Qureshy provided support to the Councilmembers who signed the statement supporting the children of Gaza. Adil Ajmal provided support to the Councilmembers who signed the statement supporting the children of Gaza. City of Sunnyvale Page 5 City Council Meeting Minutes November 14, 2023 Rabia provided support to the Councilmembers who signed the statement supporting the children of Gaza. Donna Wallach provided support to the Councilmembers who signed the statement supporting the children of Gaza. Janna Gurenko provided support to the Councilmembers who signed the statement supporting the children of Gaza. Yasin Hegazy provided support to the Councilmembers who signed the statement supporting the children of Gaza. Syed Qadri provided support to the Councilmembers who signed the statement supporting the children of Gaza. Mayor Klein encouraged members of the public that feel unsafe to contact the Department of Public Safety Vice Mayor Din shared a statement of reassurance that Sunnyvale is a safe place for all people regardless of their background. Councilmember Mehlinger provided a statement that it is the priority of the City Council to ensure Sunnyvale is a safe place for all. CONSENT CALENDAR Public Comment opened at 9:10 p.m. No speakers with comments relating to the Consent Calendar. Public Comment closed at 9:13 p.m. Mayor Klein pulled agenda item 1.K for separate consideration. MOTION: Vice Mayor Din moved and Councilmember Melton seconded the motion to approve agenda items 1.A through 1.J. The motion carried with the following vote: City of Sunnyvale Page 6 City Council Meeting Minutes November 14, 2023 Yes: 7 - Mayor Klein Vice Mayor Din Councilmember Melton Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Sell No: 0 1.A 23-0059 Approve City Council Meeting Minutes of October 10, 2023 Approve the City Council Meeting Minutes of October 10, 2023 as submitted. 1.B 23-0063 Approve City Council Meeting Minutes of October 24, 2023 Approve the City Council Meeting Minutes of October 24, 2023 as submitted. 1.C 23-0161 Approve City Council Meeting Minutes of November 6, 2023 (Board and Commission Interviews) Approve the City Council Meeting Minutes of November 6, 2023 as submitted. 1.D 23-0281 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.E 23-0966 Approve Budget Modification No. 7 to Appropriate up to $192,174 of Bay Area Urban Areas Security Initiative (UASI) Grant Funds for Cyber Security Improvements Approve Budget Modification No. 7 to appropriate Bay Area Urban Areas Security Initiative (UASI) funds in the amount of $192,174 for Cyber Security Improvements. 1.F 23-0979 Award of Contract to Spencon Construction, Inc. in the Amount of $2,989,550 for Concrete Sidewalk, Curb, Gutter, and Driveway Approaches and Finding of California Environmental Quality Act (CEQA) Categorical Exemption Pursuant to CEQA Guidelines Section 15301(c) (PW24-03) Take the following action: - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $2,989,550 to Spencon Construction, Inc. of San Ramon, CA; City of Sunnyvale Page 7 City Council Meeting Minutes November 14, 2023 - Make a finding of categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c); - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Approve a 10% contingency in the amount of $298,955. 1.G 23-0996 Award of Contract in the Amount of $272,963 to St. Francis Electric, LLC to Supply and Install Batteries for the Traffic Signal Battery Back-Up System Traffic and Finding of California Environmental Quality Act (CEQA) Categorical Exemption Pursuant to CEQA Guidelines Section 15301(c) Take the following actions: - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $272,963 to St. Francis Electric, LLC of San Leandro, CA; - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Make a finding that the action is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (c). 1.H 23-1004 Award of Contract to O’Grady Paving, Inc. in the Amount of $5,078,120.30 for Pavement Rehabilitation 2023 - SB1 and Finding of California Environmental Quality Act (CEQA) Categorical Exemption Pursuant to CEQA Guidelines Section 15301(c) (PW24-06) Take the following actions: - Award a contract in substantially the same form as Attachment 3 to the report in the amount of $5,078,120.30 to O’Grady Paving, Inc. of Mountain View, CA; - Make a finding of categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c); - Authorize the City Manager to execute the contract when all necessary conditions have been met; and - Approve a 10% contingency in the amount of $507,812. 1.I 23-1018 Authorize amending an Existing Contract in the Amount of $240,000 with AgreeYa Solutions, Inc. for On-Call Temporary Staffing for IT (F23-1018) Authorize the City Manager to execute the Second Amendment to the existing contract with AgreeYa Solutions Inc., in substantially the same form as Attachment 1 to the report, increasing the not-to-exceed amount by $230,000 for a new City of Sunnyvale Page 8 City Council Meeting Minutes November 14, 2023 not-to-exceed total amount of $470,000, subject to available budget, and provided pricing and services remain acceptable to the City. 1.J 23-0058 Approve Extension of the Peery Park Rides Shuttle Program Funding Agreement with Valley Transportation Authority Approve the extension of the Peery Parks Rides Shuttle Program Funding Agreement with Valley Transportation Authority and authorize the City Manager to execute the First Amendment to the Funding Agreement in substantially the same form as Attachment 1 to the report and any related documents. 1.K 23-0177 Adopt a Resolution Approving the City Council Regular Meeting Calendar for 2024 Through February 2025 Agenda item not heard by Council. PUBLIC HEARINGS/GENERAL BUSINESS 2 23-1038 Approve Art in Private Development Project - Hunter Properties/Cityline, Titled Dropping the Ball Recreation Coordinator Kristin Dance provided the staff report and presentation. Public Hearing opened at 9:27 p.m. Ellie Hunter, Art Consultant provided the applicant report and presentation. Majid Ali Shabbeer inquired where to find information regarding public art installations in the City. Sheikh questioned if the proposed art in Sunnyvale is being designed to reflect the ethnic diversity of Sunnyvale residents. Sunnyvale resident spoke in support for continuing to promote public art in Sunnyvale. Mirvette Judeh voiced their support for public art that symbolizes the diverse population in Sunnyvale. Ellie Hunter, Art Consultant provided the applicant response to the public comment. Public Hearing closed at 9:56 p.m. City of Sunnyvale Page 9 City Council Meeting Minutes November 14, 2023 MOTION: Councilmember Melton moved and Councilmember Mehlinger seconded the motion to approve Alternative 1: Approve Art in Private Development Project - Hunter Properties/Cityline, titled Dropping the Ball (Phase 2, Artwork 2 of 4). 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 3 23-0993 Proposed Project: General Plan Amendment Initiation to consider amending the General Plan land use designation from Low Density Residential to Low-Medium Density Residential Location: 781 S. Wolfe Road (APN: 211-05-009) File #: PLNG-2023-0521 Zoning: R-0 (Low Density Residential) Applicant/Owner: California Communities, LLC (applicant) / Yamaoka Larry K Trustee (owner) Environmental Review: The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(a) Project Planner: George Schroeder, (408) 730-7443, gschroeder@sunnyvale.ca.gov Principal Planner George Schroeder provided the staff report and presentation. Public Hearing opened at 10:51 p.m. Forest Mozart, California Communities, provided the applicant report. Martin Pyne, Planning Commission Chair, spoke to the Planning Commission's recommendation to Council. Bryce Beagle communicated their support for increasing the density of the general City of Sunnyvale Page 10 City Council Meeting Minutes November 14, 2023 plan amendment. Neelambari, Firethorn Terrance Homeowners Association, voiced their concerns with the traffic and safety implications to the neighborhood of the proposed project. Forest Mosart, California Communities, provided the applicant response to public comment. Public Hearing closed at 11:05 p.m. MOTION: Councilmember Mehlinger moved and Councilmember Cisneros seconded the motion to approve Alternatives 1 and 4: (1) Initiate a General Plan Amendment Study to analyze amending the General Plan land use designation from Low Density Residential to Low-Medium Density Residential at 781 S. Wolfe Road, pursuant to the Applicant’s request and find that the action is exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(a); and (4) Commence the General Plan Amendment (GPA) study after completion of the GPA study at 1313 S. Wolfe Road (Planning File No. 2022-7146) with the following modifications: (1) Consider bicycle and pedestrian access on Wolfe Road; and (2) Study vehicle access on Lusterleaf Drive. 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 23-1017 Approve Amendments to Council Policy 7.3.10 (Vice Mayor Selection) to Remove the Electronic Voting Requirement Agenda item not heard by Council. 5 23-0062 Appoint Applicants to the Heritage Preservation Commission, and Housing and Human Services Commission City Clerk David Carnahan provided the staff report. City of Sunnyvale Page 11 City Council Meeting Minutes November 14, 2023 Public Hearing opened at 11:29 p.m. No speakers. Public Hearing closed at 11:29 p.m. City Clerk David Carnahan distributed the paper voting ballots, tallied the votes and reported the results as follows: Housing and Human Services Commission (1 vacancy) Morgan Friedlander (only preference) Vote: 3-0-4 (Abstentions by Vice Mayor Din and Councilmembers Cisneros, Srinivasan and Sell) Linda Price (only preference) Vote: 0-0-7 (Abstentions by all Councilmembers) Charles McManis (1st preference) Vote: 3-0-4 (Abstentions by Councilmembers Melton, Srinivasan, Mehlinger and Sell) Aaron Sofaer (2nd preference) Vote: 0-0-0 (Abstentions by all Councilmembers.) Carol Weiss (only preference) Vote: 6-0-1 (Abstention by Councilmember Melton) Carol Weiss was appointed to the Housing and Human Services Commission to serve a term expiring 6/30/2026. Heritage Preservation Commission (2 vacancies) William Garrett (only preference) Vote: 7-0-0 Charles McManis (2nd preference) Vote: 3-0-4 (Abstentions by Mayor Klein, Vice Mayor Din, and Councilmembers Mehlinger and Sell) City of Sunnyvale Page 12 City Council Meeting Minutes November 14, 2023 Aaron Sofaer (1st preference) Vote: 4-0-3 (Abstentions by Councilmembers Melton, Cisneros and Srinivasan) William Garrett and Aaron Sofaer were appointed to the Heritage Preservation Commission to serve terms expiring 6/30/2027. ORAL COMMUNICATIONS CONTINUED Ahmad provided support to the Councilmembers who signed the statement supporting the children of Gaza. Elana Feinsmith voiced their advocacy for Councilmembers signing a statement in solidarity with the Jewish people impacted by the events on October 7. Eran Tahor requested Councilmembers stay away from commenting on international political issues. Saima provided support to the Councilmembers who signed the statement supporting the children of Gaza. Nuzh-at provided support to the Councilmembers who signed the statement supporting the children of Gaza. Sho-eb provided support to the Councilmembers who signed the statement supporting the children of Gaza. Maryam provided support to the Councilmembers who signed the statement supporting the children of Gaza. Lola Ely provided support to the Councilmembers who signed the statement supporting the children of Gaza. Muhammad Solfer provided support to the Councilmembers who signed the statement supporting the children of Gaza. Schmal provided support to the Councilmembers who signed the statement supporting the children of Gaza. Muhammad Hussein provided support to the Councilmembers who signed the statement supporting the children of Gaza. City of Sunnyvale Page 13 City Council Meeting Minutes November 14, 2023 Member of the public provided support to the Councilmembers who signed the statement supporting the children of Gaza. Fatine provided support to the Councilmembers who signed the statement supporting the children of Gaza. MOTION TO ADJOURN: Vice Mayor Din moved and Councilmember Melton seconded the motion to adjourn the meeting. 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 Agenda item not heard by Council. NON-AGENDA ITEMS & COMMENTS -Council Agenda item not heard by Council. F 23-1039 Colleagues Memorandum: Real Property Transfer Tax (RPTT) Agenda item not heard by Council. -City Manager Agenda item not heard by Council. INFORMATION ONLY REPORTS/ITEMS 23-0987 Tentative Council Meeting Agenda Calendar City of Sunnyvale Page 14 City Council Meeting Minutes November 14, 2023 23-0988 Board/Commission Meeting Minutes 23-0989 Information/Action Items ADJOURNMENT Mayor Klein adjourned the meeting at 12:06 a.m. City of Sunnyvale Page 15