City Council

City of Sunnyvale Meeting Minutes City Council Tuesday, February 27, 2024 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 Srinivasan called the meeting to order at 5:02 p.m. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Murali Srinivasan Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Omar Din Councilmember Richard Mehlinger Councilmember Linda Sell Councilmember Sell participated via teleconference. Public Comment Public Comment opened at 5:06 p.m. No speakers. Public Comment closed at 5:06 p.m. Convene to Closed Session Council convened to Closed Session in the Council Conference Room at 5:07 p.m. A 24-0312 Closed Session held pursuant to California Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of cases: H. Rivera et al. v. City of Sunnyvale et al., Santa Clara County Superior City of Sunnyvale Page 1 City Council Meeting Minutes February 27, 2024 Court, Case No. 2013-1-CV-24093 and Casa de Amigos Investments Ltd. v. City of Sunnyvale, Santa Clara County Superior Court, Case No. 18CV321477 Adjourn Special Meeting Vice Mayor Srinivasan adjourned the meeting at 6:00 p.m. 6 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Vice Mayor Srinivasan called the meeting to order at 6:05 p.m. Roll Call Present: 7 - Mayor Larry Klein Vice Mayor Murali Srinivasan Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Omar Din Councilmember Richard Mehlinger Councilmember Linda Sell Councilmember Sell participated via teleconference. Study Session B 24-0156 Hate Crime Update and Response Public Safety Chief Phan Ngo, Deputy Chief Hank Syu and Captain Dzanh Lee provided the staff report and presentation. Public Hearing opened at 6:56 p.m. No speakers on the agenda item. Public Hearing closed at 6:56 p.m. Adjourn Special Meeting Vice Mayor Srinivasan adjourned the meeting at 6:58 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER City of Sunnyvale Page 2 City Council Meeting Minutes February 27, 2024 Mayor Klein called the meeting to order at 7:04 p.m. SALUTE TO THE FLAG Mayor Klein led the salute to the United States flag. ROLL CALL Present: 7 - Mayor Larry Klein Vice Mayor Murali Srinivasan Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Omar Din Councilmember Richard Mehlinger Councilmember Linda Sell Councilmember Sell participated via teleconference. CLOSED SESSION REPORT Vice Mayor Srinivasan reported that Council met in Closed Session held pursuant to California Government Code Section 54957: Public Employee Appointment Title: City Attorney; nothing to report. SPECIAL ORDER OF THE DAY C 24-0323 American Red Cross Month Mayor Klein spoke in honor of American Red Cross Month. Stuart Chessen, Disaster Officer, American Red Cross-Silicon Valley Chapter, shared the American Red Cross mission. D 24-0322 Women’s History Month Mayor Klein spoke in honor of Women’s History Month. Deputy Chief Ava Fanucchi provided words in honor of Women’s History Month. ORAL COMMUNICATIONS Councilmember Melton announced an upcoming Sunnyvale Ride and Drive event. Andrea Wald shared their advocacy in supporting a proposed artificial turf ban. City of Sunnyvale Page 3 City Council Meeting Minutes February 27, 2024 Manolo Gonzalez-Estoy invited City Council and the community to the Sunnyvale Community Players Theater. Laura Babcock, Museum Director, Heritage Park Museum, spoke in favor of agenizing an item that supports the Heritage Museum extension project. Margaret Lawson voiced their support for agenizing an item that supports the Heritage Museum extension project. Heather Dunphy-Neilson shared their support for assisting the Heritage Park Museum extension project. Tony Spitaleri announced an upcoming Lunar New Year celebration event in Sunnyvale. Marian Chaney, President, U.S. China Chamber of Commerce Silicon Valley, spoke to the upcoming Lunar New Year event. Genesis Fizol shared the sponsors and vendors participating in the Lunar New Year event. Shaunn provided comments to the importance that public information provided by the City be accurate and factual. Shariany Moreno voiced their support for the City assisting Sunnyvale Community Services and other foodbanks' ability to be open on weekends. CONSENT CALENDAR Public Comment opened at 7:41 p.m. No speakers. Public Comment closed at 7:41 p.m. MOTION: Vice Mayor Srinivasan moved and Councilmember Melton seconded the motion to approve agenda items 1.A through 1.O. The motion carried with the following vote: City of Sunnyvale Page 4 City Council Meeting Minutes February 27, 2024 Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 1.A 24-0212 Approve City Council Meeting Minutes of January 23, 2024 Approve the City Council Meeting Minutes of January 23, 2024 as submitted. 1.B 24-0213 Approve City Council Meeting Minutes of January 25, 2024 (Council Strategic Workshop) Approve the City Council Meeting Minutes of January 25, 2024 as submitted. 1.C 24-0214 Approve City Council Meeting Minutes of January 30, 2024 Approve the City Council Meeting Minutes of January 30, 2024 as submitted. 1.D 24-0061 Approve City Council Meeting Minutes of February 6, 2024 Approve the City Council Meeting Minutes of February 6, 2024 as submitted. 1.E 24-0015 Approve the List(s) of Claims and Bills Approved for Payment by the City Manager Approve the list(s) of claims and bills. 1.F 24-0171 Approve Budget Modification No.10 to Appropriate $105,540 of California Library Connect Grant Funds for CENIC Network Equipment Upgrades to Increase Internet Speed at the Sunnyvale Public Library Approve Budget Modification No. 10 to appropriate California Library Connect Grant funds in the amount of $105,540 to a new project, CENIC Network Equipment Upgrades to increase internet speed at the Sunnyvale Public Library. 1.G 24-0320 Adopt a Resolution Amending the City’s Salary Resolution and Schedule of Pay to Increase Salaries for Pay Plan Category A (Communication Officers Association) Effective March 3, 2024 City of Sunnyvale Page 5 City Council Meeting Minutes February 27, 2024 Adopt a Resolution amending the City’s Salary Resolution and Schedule of Pay to increase Salaries for Pay Plan Category A (Communication Officers Association) effective March 3, 2024. 1.H 24-0180 Award of Contract to Gruendl Inc., dba Ray's Electric in the Amount of $1,798,947.40 for Traffic Signal Hardware & Wiring Bernardo/Heatherstone & Fair Oaks/California Project and Finding of California Environmental Quality Act (CEQA) Exemption Pursuant to CEQA Guidelines Section 15301(c) (PW23-21) Take the following actions: - Award a contract in substantially the same form as Attachment 2 to the report in the amount of $1,798,947.40 to Gruendl Inc., dba Ray's Electric; - Approval of a 10% construction contingency in the amount of $179,895; - 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). 1.I 24-0251 Authorize the Issuance of a Purchase Order in the amount of $967,187.62 to General Datatech L.P. (GDT) to provide Cisco Computer Equipment, Maintenance and Support Services (F24-022) Take the following actions: - Authorize the issuance of a purchase order in the amount of $967,187.62 (base bid amount of $909,579.74 plus shipping in the amount of $8,778.66 and estimated sales tax in the amount of $48,829.22) to GDT L.P. of Dallas for Cisco computer equipment, maintenance and support services; and - Authorize the City Manager to execute the purchase order when all necessary conditions have been met. 1.J 24-0276 Approve Third Contract Amendment to Central Labor Council Partnership for Adult Workforce Development Services in San Mateo County Approve the third contract amendment for adult workforce development services and authorize the City Manager or designee to execute the agreement with Central Labor Council Partnership (CLCP) for adult and dislocated worker services in an amount not to exceed $942,000 ($471,000 for WIOA adults and $471,000 for WIOA dislocated workers), for the contract term from July 1, 2023 to June 30, 2024, and City of Sunnyvale Page 6 City Council Meeting Minutes February 27, 2024 authorize the City Manager or designee to renew the contract for up to the two additional years remaining based on performance results acceptable to the City and available funding. 1.K 24-0375 Authorize the Issuance of a Blanket Purchase Order in the Amount of $1,260,000 to Folsom Lake Ford for the Purchase of Ford Interceptor Sport Utility Vehicles (F24-104) Authorize the issuance of a Blanket Purchase Order in the amount of $1,260,000 to Folsom Lake Ford for the purchase of Ford Interceptor Sport Utility Vehicles. 1.L 24-0411 Authorize the Issuance of a Purchase Order to Vac-con, Inc. in the Amount of $804,491.37 for a Combination Sewer and Storm Drain Cleaning Truck (F24-110) Authorize the issuance of a Purchase Order in the amount of $804,491.37 (including tire, delivery fees, and Sales Tax) to Vac-con, Inc. of Green Cove Springs, FL for one (1) Vac-Con Model VTAQD312HE/1300 Titan Combination Sewer and Storm Drain Cleaning Truck. 1.M 24-0300 Ratify US Conference of Mayors’ Appointment of Mayor Larry Klein to Technology and Innovation Committee Ratify US Conference of Mayors’ appointment of Mayor Larry Klein to the Technology and Innovation Committee. 1.N 24-0313 Amend the Code of Ethics and Conduct for Elected and Appointed Officials Related to Remote Public Comment During Oral Communications Amend the Code of Ethics and Conduct for Elected and Appointed Officials as shown in Attachment 1 to the report. 1.O 24-0358 Adopt Ordinance No. 3224-24 Amending Section 16.62.330 (Installation of Manufactured Homes) of Chapter 16.62 (Floodplain Management) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code Adopt Ordinance No. 3224-24 amending Section 16.62.330 (Installation of Manufactured Homes) of Chapter 16.62 (Floodplain Management) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code. PUBLIC HEARINGS/GENERAL BUSINESS City of Sunnyvale Page 7 City Council Meeting Minutes February 27, 2024 2 24-0029 Receive Information About HomeFirst Outreach Services; Approve a Third Amendment in the Amount of $206,710 to an Existing Agreement with HomeFirst Services of Santa Clara County for Case Management Services and Shelter Beds for the Unhoused Population in Sunnyvale that Includes Activity and Outcome Measures; and Direct Staff to Prepare a Request for Proposals for Outreach Services Community Development Director Trudi Ryan provided the staff report and presentation. Public Hearing opened at 8:44 p.m. Kelly Vazquez, Chief Programs Officer, HomeFirst Services of Santa Clara County (HomeFirst), spoke to HomeFirst’s outreach services and answered questions from Council. René Ramirez, Chief Operating Officer, HomeFirst, provided answers to City Council questions. Marie Bernard, Executive Director, Sunnyvale Community Services, voiced their support for Sunnyvale extending their existing agreement with HomeFirst. Bea Ramos, Vice President Emergency Housing, HomeFirst, provided additional information regarding HomeFirst services and their operations. Shaunn shared their concerns with HomeFirst and urged Council to consider other unhoused services providers. Rose spoke to their experience working with case management services and the problems unhoused individuals face. Public Hearing closed at 9:40 p.m. MOTION: Councilmember Mehlinger moved and Councilmember Srinivasan seconded the motion to approve Alternatives 1 and 2: 1) Authorize the City Manager to execute a Third Amendment to the Agreement in substantially the same format as Attachment 1 to the report in the amount of $206,710 with HomeFirst Services of Santa Clara County for case management City of Sunnyvale Page 8 City Council Meeting Minutes February 27, 2024 services and shelter beds for the unhoused population in Sunnyvale; and 2) Direct staff to initiate a Request For Proposals (RFP) for case management services and shelter beds for the unhoused population in Sunnyvale,with the following modifications: - The VI-SPDAT (Vulnerability Index – Service Prioritization Decision Assistance Tool) will be handled as an activity without a direct target associated with it; and - Direct staff to reach out to the unhoused community for input in developed of the RFP. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 The City Council took a recess at 10:10 p.m. and returned at 10:26 p.m. with all Councilmembers present; Councilmember Sell participated via teleconference. 4 24-0391 Proposed Project: Adopt Urgency Ordinance to Amend By-Right Approvals (Chapter 19.73) to the Sunnyvale Municipal Code to clarify ministerial review of projects as it relates to proposed subdivisions. File #: PLNG-2024-0105 Location: Citywide Applicant: City of Sunnyvale Environmental Review: Non-discretionary project (Public Resources Code Section 21080(b)(1), CEQA Guidelines Sections 15268, 15357) Project Planner: Julia Klein, (408) 730-7463, jklein@sunnyvale.ca.gov Community Development Director Trudi Ryan provided the staff report. Public Hearing opened at 10:38 p.m. City of Sunnyvale Page 9 City Council Meeting Minutes February 27, 2024 No speakers. Public Hearing closed at 10:38 p.m. MOTION: Councilmember Mehlinger moved and Vice Mayor Srinivasan seconded the motion to approve Alternatives 1 and 2: 1. Find that the Action is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15268 and 15357; and 2. Adopt an Urgency Ordinance (Attachment 1 to the report) to amend provisions for By-Right Approvals that include subdivisions (previously adopted Urgency Ordinance). City Clerk David Carnahan read the Ordinance title for the record. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 5 24-0143 Proposed Project: Recommendations to the City Council related to the General Plan Update to: a. Adopt a Resolution to Amend Chapter 3: Land Use and Transportation Element (LUTE) to update Figure 3-2 and add clarifications in the Village Center Section regarding the Commercial Floor Area calculations; and b. Find the proposed amendments are consistent with the LUTE EIR and do not require additional environmental review pursuant to CEQA Guidelines Sections 15183 and 15162. Planning File Number: PLNG-2023-0840 Environmental Review: The proposed edits are exempt pursuant to CEQA Guidelines Section 15183 in that the proposed edits are within a development density established by the existing general plan policies for which EIRs were City of Sunnyvale Page 10 City Council Meeting Minutes February 27, 2024 previously certified and does not require additional environmental review. In addition, the proposed edits are exempt pursuant to CEQA Guidelines Section 15162 as the proposed edits will not require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Project Planner: Shaunn Mendrin, 408-730-7431, smendrin@sunnyvale.ca.gov Community Development Director Trudi Ryan provided the staff report. Public Hearing opened at 10:44 p.m. No speakers. Public Hearing closed at 10:44 p.m. MOTION: Councilmember Mehlinger moved and Councilmember Cisneros seconded the motion to approve Alternative 1: Take the following actions: a. Adopt a Resolution (Attachment 2 to the report) to amend the Land Use and Transportation Element (LUTE); and b. Find that the proposed amendments are not a substantial change to the LUTE as analyzed in the LUTE Environmental Impact Report (EIR) and no additional environmental review is required pursuant to Sections 15183 and 15162 of the California Environmental Quality Act (CEQA) Guidelines. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 3 24-0197 Review and Consider Adoption of the Economic Development Strategic Plan Economic Development Manager Christine Velasquez provided the staff report and presentation. City of Sunnyvale Page 11 City Council Meeting Minutes February 27, 2024 Public Hearing opened at 11:28 p.m. Member of the public provided comments on specific wording in the economic development strategic plan and how the City can better attract a diverse business base. Public Hearing closed at 11:30 p.m. MOTION: Vice Mayor Srinivasan moved and Councilmember Melton seconded the motion to approve Alternative 1: Adopt the Economic Development Strategic Plan. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 MOTION: Councilmember Melton moved and Councilmember Din seconded the motion to adjourn the meeting. The motion failed with the following vote: Yes: 3 - Councilmember Melton Councilmember Cisneros Councilmember Din No: 4 - Mayor Klein Vice Mayor Srinivasan Councilmember Mehlinger Councilmember Sell MOTION: Vice Mayor Srinivasan moved and Mayor Klein seconded the motion to City of Sunnyvale Page 12 City Council Meeting Minutes February 27, 2024 hear the remainder of the agenda. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Srinivasan Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 1 - Councilmember Melton COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Mehlinger reported on a Caltrain Local Policy Maker Group meeting. Councilmember Melton reported on Cities Association of Santa Clara County, City Selection Committee meeting appointments. Vice Mayor Srinivasan reported their selection as Vice Chair of the Silicon Valley Clean Energy Board and reported on a Sunnyvale Downtown Association Board Meeting. NON-AGENDA ITEMS & COMMENTS -Council MOTION TO AGENDIZE: Councilmember Mehlinger moved and Mayor Klein seconded the motion to agendize an item to examine Sunnyvale hosting a 4th of July celebration. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 City of Sunnyvale Page 13 City Council Meeting Minutes February 27, 2024 MOTION TO AGENDIZE: Councilmember Mehlinger moved and Councilmember Din seconded the motion to agendize an item to allocate $1,500,000 to the Sunnyvale Heritage Museum for the construction of the proposed annex approved by City Council. FRIENDLY AMENDMENT: Councilmember Melton offered a friendly amendment for this motion to reopen the Budget Proposal process and add this as a Budget Proposal to be considered for the upcoming recommended budget. Councilmember Mehlinger declined to accept the friendly amendment. FRIENDLY AMENDMENT: Councilmember Sell offered a friendly amendment to direct staff to provide options to how the proposed motion can be funded. Councilmembers Mehlinger and Din accepted the friendly amendment. The motion as amended carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Srinivasan Councilmember Melton Councilmember Cisneros Councilmember Din Councilmember Mehlinger Councilmember Sell No: 0 -City Manager City Manager Kent Steffens announced the Environmental Services Department received a grant of $412,000 from CalRecycle. INFORMATION ONLY REPORTS/ITEMS 24-0138 Tentative Council Meeting Agenda Calendar 24-0292 Board/Commission Meeting Minutes 24-0293 Information/Action Items 24-0361 Boards and Commissions Semi-Annual Attendance Report, July to December 2023 (Information Only) City of Sunnyvale Page 14 City Council Meeting Minutes February 27, 2024 24-0398 Board/Commission Resignation (Information Only) ADJOURNMENT Mayor Klein adjourned the meeting at 11:51 p.m. City of Sunnyvale Page 15